Legal Qualification of Discrimination and Rights Restrictions in Occupied Territories
Articles 21 and 22 of the Constitution of Ukraine enshrine the fundamental principles of the Ukrainian legal system: equality of all citizens before the law and the inalienability of constitutional rights and freedoms. Actions of the Russian Federation in temporarily occupied territories, including discrimination based on citizenship, language, and unlawful restriction of rights, constitute a direct violation of these basic provisions.
Key Provisions of the Constitution of Ukraine
- Article 21: “All people are free and equal in their dignity and rights. Human rights and freedoms are inalienable and inviolable.”
- Article 22: “The human and civil rights and freedoms enshrined in this Constitution are not exhaustive. Constitutional rights and freedoms are guaranteed and cannot be abolished. When adopting new laws or amending existing laws, it is not permitted to narrow the content or scope of existing rights and freedoms.”
Inalienability of rights: According to Article 22, the rights and freedoms of Ukrainian citizens cannot be revoked or diminished. Any actions by Russian occupation administrations aimed at depriving citizens of property, education in their native language, freedom of movement, and other rights are unconstitutional and illegal.
Evidence of Violations (Actions by Russian Occupation Administrations)
- Discrimination based on citizenship ("Passportization"): Ukrainian citizens who have not obtained a Russian passport are denied employment, access to medical services, social benefits, and property registration. Example: Residents of Kherson and Zaporizhzhia regions, forced to obtain Russian citizenship to maintain social benefits.
- Discrimination based on language: Forced closure of Ukrainian schools, prohibition of teaching in Ukrainian, elimination of local media and cultural organizations. Example: Closure of all Ukrainian schools in occupied Melitopol and forced education of children in Russian.
- Restriction of freedom of speech and assembly: Prohibition of peaceful protests, arrests, and persecution of pro-Ukrainian activists and journalists. Example: Mass detentions of citizens in Kharkiv region during attempts to hold anti-war actions.
- Violation of the right to equality before the court: Establishment of illegal courts and law enforcement bodies operating outside Ukrainian jurisdiction. Example: So-called "courts" in Luhansk and Donetsk regions handling civil and criminal cases without adhering to Ukrainian law.
- Deprivation of property rights: Illegal expropriation of private property, seizure of commercial and residential properties. Example: Nationalization of factories and business facilities in occupied Mariupol.
Legal Consequences
Although violation of the Constitution itself does not entail criminal liability, systematic breaches of Articles 21 and 22:
- Confirm the qualification of crimes under Article 110 of the Criminal Code of Ukraine (Encroachment on territorial integrity) and Article 438 of the Criminal Code of Ukraine (War crimes).
- Serve as grounds for international claims and compensation demands for moral and material damage to Ukrainian citizens.
- Highlight the deliberate nature of Russian aggression against the Ukrainian people and state.
Sources
- Constitution of Ukraine: Articles 21, 22 (Text)
- Human Rights Group: Restriction of Citizens' Rights in Occupied Territories
- Related Article: Article 110 of the Criminal Code of Ukraine (Encroachment on Integrity) →
© 1996 — Constitution of Ukraine. Analysis of Violations.
Source: The Aggression Archive