Constitutional rights in the shadows: are the lives and dignity of Ukrainians really the highest value

According to Article 3 of the Constitution of Ukraine, life, health, honor, dignity, inviolability and security of people are defined as the highest value. However, is this constitutional provision really reflected in our reality? Can we confidently say that our rights are protected and guaranteed by the state? Unfortunately, for many Ukrainians, constitutional principles remain only beautiful declarations on paper.

Violation of the rights of Ukrainians by the Russian Federation

Since the beginning of the full-scale invasion, the most important social value – the right to life – has been consistently violated. Numerous murders, abductions of people in the occupied territories, forced deportation and inhuman treatment – all these cases of arbitrariness of the Russian Federation on the territory of Ukraine are a direct violation of the rights to life, dignity and inviolability.

According to the Office of the Prosecutor General, as of 2024, at least 1,895 children were injured in Ukraine as a result of the full-scale armed aggression of the Russian Federation, according to the official information of juvenile prosecutors, 547 children died and 1,348 were injured of various degrees of severity. In addition, in January 2024, the UN reported to the Security Council that since the beginning of the full-scale war, 10,233 Ukrainian civilians had died, and another 19,289 were injured. Statistics on the number of soldiers killed are not disclosed, but the President of Ukraine stated that the total number of soldiers killed or died since the beginning of the Russian invasion is more than 30,000. This is a terrible statistic! At the same time, the UN human rights monitoring mission in Ukraine found that the largest number of victims were concentrated in Donetsk region (34%) and Kharkiv region (22%).

The absolute prohibition of torture, as stated in the practice of the European Court of Human Rights, “reflects one of the fundamental values ​​of a democratic society“. The use of torture completely destroys the principles of human dignity and is prohibited throughout the civilized world, even during war. But the brutality and barbaric behavior of the aggressor simply has no limits. The arbitrariness of the Russian invaders is confirmed by the data of the UN monitoring mission on sexual violence related to the war – 85 victims, including 52 men, 31 women, one girl and one boy. 39 prisoners of war suffered from sexual violence in Russian captivity. And this is not surprising, because for barbaric Russia, similar practices of behavior among representatives of the police and security forces are already the norm, as human rights defenders point out. So the aggressor brought his usual “orders” to the temporarily occupied territories. According to the victims from the occupied parts of Zaporizhzhia and Kharkiv Oblast, they were constantly tortured by electric current, genital mutilation, and forced exposure.

“Tapik is a two-wire military telephone. One is connected to your genitals, the other to your finger, and they just keep increasing the current. Spin until the person says what they need“, 29-year-old Ukrainian intelligence officer Roman Chernenko, who spent seven months in captivity in the occupied city of Olenivka in Donetsk region, shares his terrible experience.

“Ukrainian prosecutors announced suspicion against 42 Russian officers, among whom 28 are accused, 5 have already been convicted in Ukrainian courts”, – reports the press service of the Prosecutor General’s Office.

Also, the prosecutor’s office systematically collects evidence in order to bring to justice all those who contributed to such criminal activity on the territory of Ukraine. All materials will be sent to international courts, in particular to the International Criminal Court and the International Court of the United Nations.

For data website “Children of War”, 19,546 children were stolen and forcibly deported to the Russian Federation.  At the same time, as of today, the state managed to return 388 young Ukrainians to their homeland.

In addition, mass attacks on temporarily occupied territories and in the zone of active hostilities caused the destruction of both state property and civilian households, which is also a violation of the population’s rights to property and respect for housing.

All these violations of the rights and freedoms of Ukrainians are the fault of the external enemy who is at war with us. However, in addition to the difficulties caused by the war, the country is also experiencing a number of internal problems.

Violation of the rights of Ukrainians in the middle of the state

Unfortunately, the violation of the rights of Ukrainians was not an isolated case, but a systematic problem that undermines trust in state institutions. One of the most striking examples is corruption in state authorities, law enforcement agencies, and the judicial system. Despite numerous reforms and anti-corruption claims, many citizens face unfair treatment and corruption schemes that make justice unattainable. Instead of protecting rights and freedoms, Ukrainians often become victims of a system where “rights” are bought and sold.

Socio-economic rights

Protection of socio-economic rights is no less painful topic. One of the most pressing issues is mass layoffs that occur in conditions of economic instability and structural changes in various industries. People lose their jobs and are often left without adequate support from the state, leading to an increase in unemployment and social insecurity. In addition, many companies do not comply with the legislation regarding the payment of severance pay, which makes the situation even worse.

Another serious problem is insufficient wages. Many workers earn a minimum wage that does not correspond to the real cost of living. This is especially acute in large cities, where the cost of living is much higher. Low wages force people to work overtime or look for additional sources of income, which negatively affects their health and family relationships. It is also worth noting that non-payment of salaries or delays in payments are becoming a common practice, which creates additional financial difficulties for many families.

Working conditions also leave much to be desired. Improper working conditions, lack of proper technical equipment and protective equipment, violations of labor protection regulations are only part of the problems faced by workers. Often, workplaces do not meet minimum safety standards, resulting in injuries and even fatalities. Employers’ reluctance to invest in improving working conditions endangers the lives and health of workers.

Systematic violations of labor rights significantly reduce the standard of living of the population. People cannot get justice when their rights are violated due to the imperfection of the judicial system and corruption. Many cases remain unexamined, and employers avoid responsibility for their actions. This undermines citizens’ faith in the state’s ability to protect their rights and provide decent living conditions.

The situation is further complicated by the lack of effective mechanisms for the protection of labor rights. Unions are often unable to adequately represent workers’ interests due to limited powers and pressure from employers. State bodies responsible for supervising the observance of labor rights often do not perform their duties properly.

Military rights

The rights of military personnel, veterans and the disabled are one of the most important indicators of social justice and humanity of any state. In Ukraine, where the war in the east of the country has been going on for several years, these issues are becoming particularly relevant. However, reality shows that the state’s promises often remain only on paper, and those who defend our country face numerous violations of their rights.

Military personnel, who risk their lives every day, often face violations of their rights even in the combat zone. Adequate logistical support remains a problem, affecting their safety and mission effectiveness. The lack of proper medical care, the lack of necessary equipment and medical drugs create additional risks for the lives of military personnel.

In addition, after the end of service, many military personnel face the problems of registration of disability, adaptation to civilian life. The lack of a system of rehabilitation, social support and employment means that many veterans are left without the help they have earned through their service.

War veterans deserve special attention and support from the state. However, in Ukraine they often face bureaucratic obstacles, corruption and indifference. The process of obtaining veteran status and the appropriate benefits can be long and difficult. Veterans face problems in obtaining medical care, social benefits and housing.

Many veterans are left without adequate psychological support, leading to an increase in cases of post-traumatic stress disorder and other mental health problems. The lack of rehabilitation and social integration programs makes veterans vulnerable to social isolation and marginalization.

Rights of the disabled

Disabled people in Ukraine also face numerous violations of their rights. Insufficient accessibility of city infrastructure, public transport and state institutions creates barriers for their participation in public life. Many buildings are not equipped with ramps or elevators, which makes it difficult for disabled people to move around.

The system of social security for the disabled remains insufficiently effective. Low social benefits, limited access to medical services and rehabilitation programs do not ensure an adequate standard of living for this category of citizens. Disabled people often remain unemployed due to the lack of vocational rehabilitation and employment programs.

freedom of speech

Violations of the rights to freedom of expression and peaceful assembly also remain a serious problem. Recent cases of persecution of journalists, activists and public figures show that the authorities are ready to use repressive methods to suppress criticism. Instead of creating conditions for free expression of opinions, the Ukrainian state often chooses the path of intimidation and pressure. Freedom of speech and the right to information are the cornerstones of a democratic society. And indeed, a lot has been done in recent years to protect journalists and ensure freedoms. However, attacks on journalists with a sad ending are becoming more frequent, which indicates the need to improve the mechanisms for protecting these rights.

Thus, in August 2023, Odesa journalist Ivan Lysenko suffered serious injuries due to his investigation of corruption schemes. In addition, the investigation into the murder of Pavlo Sheremet, which happened back in 2016, is still on hold.

Who should protect the rights of Ukrainians and how does it happen

Courts, state and law enforcement agencies, which should be guarantors of justice and security, often become a source of additional problems for Ukrainians.

Courts

Courts as “temples of justice” should be the last instance where citizens turn for justice. But instead of protecting their rights, many Ukrainians face bureaucratic obstacles, delays in the processing of cases, and corruption. The lack of transparency in the judicial system leads to the fact that decisions are often made not on the basis of laws, but on the basis of financial and political interests. Judges, who should be an example of incorruptibility, often become participants in corruption schemes, which undermines faith in the fairness and impartiality of judicial decisions.

Government agencies

State bodies are called to protect the rights of citizens, ensure the implementation of laws and provide quality services. However, corruption permeates all levels of state power, turning the process of obtaining necessary services into an ordeal. From obtaining permits to registering a business, in many cases citizens are faced with bureaucracy, demands for bribes and delays in processes. This creates additional barriers to economic development and undermines trust in state institutions.

Police

The police should be the guarantor of citizens’ safety, ensuring law and order and protecting against crimes. However, many Ukrainians have the opposite experience of interaction with law enforcement officers. Police corruption has become a systemic problem, leading to abuse of power and violation of citizens’ rights. From domestic cases of extortion of bribes to serious crimes, the police often become a threat to citizens rather than protectors. Many cases of violence, torture and illegal detention remain without proper investigation, creating an atmosphere of impunity.

Stories of police violence, torture and inhuman conditions in prisons have also become a sad commonplace. Often the victims cannot achieve justice, and the perpetrators of crimes remain unpunished, which further undermines citizens’ faith in justice.

In the conditions of war, Ukrainians face numerous challenges and sufferings that become part of their everyday life. At this critical moment, the state is obliged to protect the rights of its citizens with double force. It must work for people, put their needs and rights first. This is not just a moral obligation, it is the foundation of a nation’s survival and development. If the government fails to provide adequate protection to its citizens already suffering from the war, it will lead to further degradation of society, loss of trust in state institutions and inevitable social upheaval.

Ukraine needs decisive changes and effective actions. Protecting the rights of citizens must become the number one priority. The state must demonstrate that it really works for people, providing them with security, justice and decent living conditions. Without it, the country’s future is at risk. Only when the state begins to fulfill its obligations to its citizens, we will be able to talk about the real restoration and prosperity of Ukraine.