Html
PDF
FLIP
XML
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.
Authors who publish with this journal agree to the following terms:
- Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution Non-Commercial License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.
- Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.
- Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).
Abstract
State recognition of human rights and freedoms by enshrining them in the constitution and other legislative acts is the first and most urgent step towards their establishment and implementation. However, the role of the state should not be limited to this sole aspect. The state should make every effort to guarantee, protect, and defend both human and citizen rights and freedoms, which determines its main direction of humanization and humanitarian characteristics. Various international organizations, which constitute an international legal mechanism to protect human rights, play a significant role in the observance and protection of these rights and freedoms in Ukraine. The activity of these international organizations is primarily aimed at reforming the national system in this regard, rulemaking, and ensuring accountability, the rule of law, and dialogue between government and society. Consequently, these international organizations can be considered an additional guarantee for the observance and protection of human and civil rights and freedoms. This research aims to review the role and influence of international organizations such as the United Nations, the Council of Europe, the European Union, and the Organization for Security and Co-operation in Europe in the formation of the national mechanism to protect human rights and freedoms in Ukraine. For this purpose, international legal documents adopted within these organizations were analyzed to determine their specific features, role, and implementation in the country.
Keywords:
References
Council of Europe Office in Ukraine. “About the Council of Europe Office in Ukraine.” https://www.coe.int/uk/web/kyiv#{%227074895%22:[0]}
Council of Europe. “Council of Europe Convention on Preventing and Combating of Violence against Women and Domestic Violence.” Istanbul, May 11, 2011. https:// rm.coe.int/168008482e
EUAM Ukraine. “About us.” https://www.euam-ukraine.eu/ua/our-mission/about-us/
EUAM Ukraine. “EUAM calls for radical improvement in criminal investiga- tions in Ukraine.” June 14, 2017. https://www.euam-ukraine.eu/news/euam-calls-for-radical-improvement-in-criminal-investigations-in-ukraine/
EUAM Ukraine. “EUAM’s Community Policing curriculum complements educational programme for Ukraine’s universities.” November 25, 2021. https://www.euam- ukraine.eu/news/euam-s-community-policingcurriculum-complements-educational-programme-for-ukraine-s-universities/
EUAM Ukraine. “Modern threat assessment system will enhance fight against serious and organised crime in Ukraine.” January 28, 2022. https://www.euam-ukraine.eu/news/ modern-threat-assessment-system-willenhance-fight-against-serious-and-organized- crime-in-ukraine/
European Court of Human Rights. “Convention for the Protection of Human Rights and Fundamental Freedoms.” Roma, November 4, 1950. https://www.echr.coe.int/ documents/convention_eng.pdf
Karpachova, N. I. “The role of international human rights organisations in the context of the conflict in Eastern Ukraine.” Journal of the National Academy of Legal Sciences of Ukraine 28, no. 1 (2021): 24-31.
Maistrenko, Mariia, Gorelkina, Kira, and Buzhdyhanchuk, Yevdokiia. “International and national mechanisms for the protection victim’s rights of armed conflict in eastern Ukraine.” Novum Jus 15, Special Issue (2021). https://novumjus.ucatolica.edu.co/ article/view/4317
Ministry of Foreign Affairs of Ukraine. “Organization for Security and Cooperation in Europe (OSCE)” (in Ukrainian). https://mfa.gov.ua/mizhnarodni-vidnosini/ organizaciya-z-bezpeki-i-spivrobitnictva-v-yevropi
Ministry of Foreign Affairs of Ukraine. “Ukraine’s participation in the work of the Council of Europe” (in Ukrainian). October 25, 2019. https://mfa.gov.ua/mizhnarodni-vidnosini/ rada-yevropi/uchast-ukrayini-u-diyalnosti-radi-yevropi
Ministry of Internal Affairs of Ukraine. “Strategy of the development of the Ministry of Internal Affairs 2020” (in Ukrainian). December 24, 2020. https://mvs.gov.ua/en/ press-center/infographics/strategiya-rozvitku-mvs-do-2020-roku
Organization for Security and Co-operation in Europe (OSCE). “Conference on Security and Co-operation in Europe. Final Act.” Helsinki, 1975. https://www.osce.org/files/f/ documents/5/c/39501.pdf
Organization for Security and Co-operation in Europe (OSCE). “OSCE Project Co-ordinator in Ukraine: Mandate.” https://www.osce.org/project-coordinator-in-ukraine/mandate
Permanent Mission of Ukraine to the UN Office and other International Organizations in Geneva. “United Nations Human Rights Council (UNHRC)” (in Ukrainian). October 16, 2012. https://geneva.mfa.gov.ua/posolstvo/2602-human-rights
President of Ukraine. “National strategy in the field of human rights: approved by the Decree of the President of Ukraine No. 501/2015” (in Ukrainian). August 25, 2015. https:// www.president.gov.ua/documents/5012015-19364
Tesliuchenko, Tania. “UN Human Rights Office to release its new report on the impact of COVID-19 on human rights in Ukraine.” December 15, 2020. https://ukraine. un.org/en/105315-un-human-rights-office-release its-new-report-impact-covid-19- human-rights-ukraine
Ukrainian National Bar Association. “Number of cases against Ukraine to the European Court of Human Rights testifies to inefficient work of state bodies” (in Ukrainian). January 30, 2020. https://unba.org.ua/news/5141-kil-kist-skarg-proti-ukraini-do- espl-svidchit-pro-neefektivnu-robotu derzhorganiv-vitalij-vlasyuk.html
Ukrinform. “Ukraine is among the top three Council of Europe countries in the number of lawsuits to the European Court of Human Rights” (in Ukrainian). January 28, 2021. https://www.ukrinform.ua/rubricsociety/3180287-ukraina-u-trijci-krain-radi- evropi-za-kilkistu-pozoviv-do espl.html
UN Women. “Convention on the Elimination of All Forms of Discrimination against Women.” December 18, 1979. https://www.un.org/womenwatch/daw/cedaw/text/econvention.htm
United Nations. “Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.” New York, December 10, 1984.https://treaties.un.org/ doc/Treaties/1987/06/19870626%2002 38%20AM/Ch_IV_9p.pdf
United Nations. “Convention on the Rights of Persons with Disabilities and Optional Protocol.” December 13, 2006. https://www.un.org/disabilities/documents/convention/ convoptprot-e.pdf
United Nations. “Convention on the Rights of the Child.” New York, November 20, 1989. https://treaties.un.org/doc/Treaties/1990/09/19900902%2003-14%20AM/ Ch_IV_11p.pdf
United Nations. “International Convention for the Protection of All Persons from Enforced Disappearance.” December 20, 2006. https://www.un.org/en/development/desa/population/migration/generalassembly/docs/globalcompact/A_RES_47_133.pdf
United Nations. “International Convention on the Elimination of All Forms of Racial Discrimination.” December 21, 1965. https://www.ohchr.org/Documents/Profes- sionalInterest/cerd.pdf
United Nations. “International Covenant on Civil and Political Rights.” December 16, 1966. https://treaties.un.org/doc/treaties/1976/03/19760323%2006-17%20am/ch_iv_04.pdf
United Nations. “International Covenant on Economic, Social and Cultural Rights.” December 16, 1966. https://treaties.un.org/doc/treaties/1976/01/19760103%2009-57%20pm/ch_iv_03.pdf
United Nations. “Resolution adopted by the General Assembly on 15 March 2006: 60/251. Human Rights Council.” March 15, 2006. https://undocs.org/en/A/RES/60/251
United Nations. “Resolution adopted by the General Assembly on 19 December 2016: 71/205. Situation of human rights in the Autonomous Republic of Crimea and the city of Sevastopol (Ukraine).” December 19, 2016. https://undocs.org/en/A/RES/71/205
United Nations. “United Nations Charter.” June 26, 1945. https://www.un.org/en/about-us/un-charter
United Nations. “Universal Declaration of Human Rights.” December 10, 1948. https://www.un.org/en/about-us/universal-declaration-of-human-rights
Verkhovna Rada of Ukraine. “Agreement between the European Union and Ukraine on the status of the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine)” (in Ukrainian). https://zakon.rada.gov.ua/laws/show/984_012
Verkhovna Rada of Ukraine. “Association Agreement between Ukraine, of the one part, and the European Union, the European Atomic Energy Community and their Member States, of the other part” (in Ukrainian). June 27, 2014. https://zakon.rada.gov.ua/ laws/show/984_011
Verkhovna Rada of Ukraine. “European Union Visa Liberalization Action Plan for Ukraine” (in Ukrainian). November 22, 2010. https://zakon.rada.gov.ua/laws/show/984_001
Verkhovna Rada of Ukraine. “Memorandum of Understanding between the Government of Ukraine and the Council of Europe on the establishment of the Council of Europe Office in Ukraine and its legal status” (in Ukrainian). November 6, 2006. https://zakon.rada.gov.ua/laws/show/994_775
Verkhovna Rada of Ukraine. “Memorandum of Understanding between the Government of Ukraine and the Organization for Security and Cooperation in Europe (OSCE) on the deployment of a special OSCE monitoring” (in Ukrainian). April 14, 2014. https:// zakon.rada.gov.ua/laws/show/975_026
Verkhovna Rada of Ukraine. “Memorandum of Understanding between the Government of Ukraine, Organization for Security and Cooperation in Europe (OSCE), establishinga new form of cooperation” (in Ukrainian). July 13, 1999. https://zakon.rada.gov.ua/laws/show/994_309
Verkhovna Rada of Ukraine. “On Declaration of Independence of Ukraine.” https://zakon.rada.gov.ua/laws/show/en/1427-12#Text
Verkhovna Rada of Ukraine. “On National Security” (in Ukrainian). https://zakon.rada.gov.ua/laws/show/2469-19#Text
Verkhovna Rada of Ukraine. “The Constitution of Ukraine.” https://zakon.rada.gov.ua/laws/show/en/254%D0%BA/96-%D0%B2%D1%80#Text
Verkhovna Rada of Ukraine. “Treaty on European Union” (in Ukrainian). February 7, 1992. https://zakon.rada.gov.ua/laws/show/994_029
Voitsikhovskyi, A.V. Human rights in international law: A textbook. Kharkiv: Planeta-Print LLC, 2021. 404 p.
Reference by
