HUMAN RIGHTS IN UKRAINE – 2007. HUMAN RIGHTS ORGANISATIONS REPORT
Human Rights in Ukraine – 2007. Report by Human Rights Organisations. / Editors: Y.Zakharov, I.Rapp, V.Yavorsky / Ukrainian Helsinki Human Rights Union. – Kharkiv: Prava Ludyny, 2008. – 256 p. ISBN 978-966-8919-47-3.
This book considers the human rights situation in Ukraine during 2007, it is based on studies by various non-governmental human rights organizations and specialists in this area. Each unit concentrates on identifying and analysing violations of specific rights in this period, as well as discussing any positive moves which were made in protecting the given rights. Current legislation which encourages infringements of rights and freedoms is also analyzed, together with draft laws which could change the situation. The conclusions of the research contain recommendations for eliminating the violations of human rights and fundamental freedoms and improving the overall situation.
CONTENT
I. THE RIGHT TO LIFE 8
1. The states duty to protect life (positive duty) 8
2. Prohibition on taking life except in cases stipulated by law(negative duty) 13
3. Recommendations 13
II. PROTECTION FROM TORTURE
AND OTHER FORMS OF ILL-TREATMENT 15
1. Torture and ill-treatment in structures of the ministry of internal affairs 15
2. Charges and convictions for torture 16
3. Torture and ill-treatment in penal institutions 16
4. Investigations into allegations of torture and ill-treatment 19
5. Payment of compensation to the victims of ill-treatment 20
6. Recommendations 22
III. THE RIGHT TO LIBERTY AND SECURITY 24
1. Lengthy remand in custody pending extradition 24
2. Arbitrary detention of refugees 24
3. Ensuring the right to legal aid 25
4. Recommendations 28
IV. THE RIGHT TO A FAIR TRIAL 30
1. Overview 30
2. Independence of courts and judges 31
3. Financing of the judiciary 37
4. Access to justice 39
5. The right to legal aid 40
6. Reasonable time limits 46
7. Enforcement of court rulings 48
8. Presumption of innocence 50
9. Recommendations 52
V. THE RIGHT TO PRIVACY 53
1. Communications privacy 53
3. Information privacy and personal data protection 58
4. Territorial privacy 62
5. Other aspects of privacy and respect for family life 62
6. Recommendations 64
VI. FREEDOM OF THOUGHT, CONSCIENCE AND RELIGION 66
1. Overview 66
2. Freedom of thought, conscience and religion: the right to believe 66
3. Freedom to practise ones religion or beliefs 67
4. The state and religious organizations 70
5. Recommendations 73
VII. THE RIGHT OF ACCESS TO INFORMATION 75
VIII. FREEDOM OF EXPRESSION 81
1. Overview 81
2. Compulsory state registration of media outlets and of publishing activities 82
3. The rights of journalists and the media 83
4. Recommendations 88
IX. FREEDOM OF PEACEFUL ASSEMBLY 90
1. Legal regulation of the right to peaceful assembly in Ukraine 90
2. Exercise of freedom of assembly in 2007:
change in the attitude of the police to the issue 91
3. The role of the local authorities and the courts in violating freedom of assembly 93
4. Incidents during mass gatherings 94
5. The Odessa region and the Crimea – problem regions 95
6. Recommendations 97
X. FREEDOM OF ASSOCIATION 98
1. Overview 98
2. The formation of associations 98
3. The rights of associations, freedom of internal organization
and checks into the activities of civic associations 102
4. Recommendations 104
XI. FREEDOM OF MOVEMENT AND PLACE OF RESIDENCE 106
1. Freedom of movement 106
2. Freedom of choice of place of residence 108
3. The rights of the homeless 109
4. Recommendations 110
XII. SOME ASPECTS OF THE RIGHT TO PROTECTION
FROM DISCRIMINATION AND INEQUALITY
XIII. THE RIGHT TO FREE ELECTIONS
AND TO PARTICIPATE IN REFERENDUMS 111
1. Pre-term elections to the Verkhovna Rada (parliament) 111
2. Pre-term elections of city, settlement and village heads 120
3. Exercising the right to initiate and take part
in nation wide and local referendums 122
4. Conclusions 125
5. Recommendations 126
XIV. PROPERTY RIGHTS 128
1. Overview 128
2. Safeguards of property rights 129
3. Behaviour of the authorities in restricting property rights 134
4. Recommendations 136
XV. SOCIO-ECONOMIC RIGHTS 137
1. Trends with regard to observance of socio-economic rights 137
2. The right to an adequate standard of living 138
3. The right to work 141
4. The right to social protection 148
5. Recommendations 152
XVI. THE RIGHT TO EDUCATION 154
1. Overview 154
2. Public spending and ensuring the right to education 156
3. The principle of availability 157
4. Accessibility of education 159
5. Acceptability and adaptability of education 161
3. Recommendations 163
XVII. THE RIGHT TO HEALTHCARE 164
1. Overview 164
2. The right to medical care in penal institutions 167
3. Palliative care 170
4. Recommendations 173
XVIII. ENVIRONMENTAL RIGHTS 174
1. The right to a safe environment 174
2. The right of access to information on environmental matters 183
3. Public participation in decision-making on environmental matters 189
4. The right of access to justice in environmental matters 193
5. Recommendations 194
XX. DOMESTIC VIOLENCE AS A VIOLATION OF HUMAN RIGHTS 196
1. General overview 196
2. The states responsibility for safeguarding the right to protection from violence 198
3. Recommendations 199
XXI. THE MAIN HUMAN RIGHTS VIOLATIONS LINKED
WITH HUMAN TRAFFICKING 201
1. Human trafficking: new trends 201
2. State policy on combating human trafficking: a brief overview 202
3. Prevention of human trafficking 202
4. Protection of victims of human trafficking 203
5. Recommendations on improving anti-trafficking measures 205
XXII. THE RIGHTS OF PEOPLE WITH DISABILITIES 211
1. General observations 211
2. Equality and non-discrimination 213
3. Freedom of expression and access to information 214
4. Inviolability of private life, respect for personal and psychological integrity
in equality with others and respect for housing and the family 214
5. Access to justice 215
6. The right to education 215
7. Access 216
8. Healthcare, capacity building and rehabilitation 217
9. Work and employment 219
10. Proper educational and awareness-raising work on the part of the state
to best integrate people with disabilities into society 219
11. Recommendations 220
XXIII. PRISONERS RIGHTS 222
1. Management of the penal system 222
2. State policy with regard to the penal service 224
3. Control over the activities of the department 227
4. Remand and convicted prisoners in department institutions 228
5. Access to the court and the right to appeal against the actions
of penal administrations 231
6. Access to information 232
7. Reports of violations of prisoners rights 234
8. The departments cooperation with NGOS 242
9. Conclusions 244
10. Recommendations 245