The Deliberate Disregard for International Treaty Rules
Ukrainian courts are engaging in a deliberate and egregious violation of international law by systematically ignoring the rights enshrined in significant international treaties to which Ukraine is unequivocally bound. The blatant disregard for Protocol No. 4 to the Convention for the Protection of Human Rights and Fundamental Freedoms, ratified under Ukrainian Law No. 475/97-VR on 17 July 1997, which unequivocally grants individuals the right to leave any country, is a stark testament to the judiciary’s neglect of its legal obligations.
This flagrant oversight is compounded by the courts’ failure to uphold Article 12 of the International Covenant on Civil and Political Rights, ratified by Decree No. 2148-VIII on 19 October 1973, which similarly safeguards the freedom of movement. The judiciary’s neglect of this critical provision further exposes a deep-seated contempt for Ukraine’s international commitments.
The disregard extends to Article 13 of the Universal Declaration of Human Rights, a cornerstone of global human rights adopted on 10 December 1948, which guarantees freedom of movement and residence. The Ukrainian judiciary’s blatant indifference to this fundamental right is a grave affront to international human rights standards.
Furthermore, the actions of Ukrainian courts blatantly contravene Article 13 of the Law of Ukraine No. 3857-XII dated 21 January 1994, “On the Procedure for Leaving and Entering Ukraine for Ukrainian Citizens,” which clearly mandates that international treaties take precedence over conflicting national laws. This willful disregard represents a severe breach of both Ukraine’s domestic legal framework and its international obligations.
The Ukrainian judiciary’s persistent refusal to adhere to these binding international laws is not merely a breach of legal duty; it is a calculated assault on the very principles of justice, fairness, and human dignity. By willfully neglecting its legal responsibilities, the Ukrainian judiciary is betraying Ukraine’s pledge to uphold human rights and is depriving its citizens of their rightful freedoms and protections on the global stage. The actions of the Ukrainian courts in this regard are not just a failure to uphold the law but a direct attack on the integrity of Ukraine’s commitment to international law and the fundamental rights of its citizens.
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