National Human Rights System in Ukraine

Abstract

This article provides a comprehensive analysis of the national human rights system in Ukraine, focusing on three main aspects: constitutional protection of fundamental rights, fundamental rights adjudication, and human rights institutions. The study examines the complex relationship between human rights, fundamental rights, and constitutional rights within Ukraine’s legal framework, highlighting their differentiation and interrelation. The 1996 Constitution of Ukraine established a robust mechanism for protecting human rights, with its Section II being dedicated to “Rights, Freedoms and Duties of Person and Citizen” and serving as the cornerstone of human rights protection at the national level. The constitutional mechanisms for protecting various groups are examined, including children, persons with disabilities, and vulnerable social groups, while probing into the guiding principles of human rights protection (e.g. human dignity, equality, and non-discrimination). Special attention is given to the Constitutional Court of Ukraine’s role in protecting fundamental rights through judicial review and constitutional complaints. The interaction between national and international law in human rights protection is also investigated, particularly focusing on the implementation of international treaties and European Court of Human Rights jurisprudence. Another matter of interest is the effectiveness of Ukraine’s national human rights institution, namely the Ombudsman’s Office, with a thorough analysis of its compliance with the Paris Principles through six main pillars: independence, pluralism, cooperation, access, funding, and broad mandate. The chapter concludes by identifying current challenges in human rights protection in Ukraine, particularly in the context of the Russian military aggression, and suggests potential areas for improvement in the constitutional protection of rights.