These fundamental rights remain inviolable even in war – what the constitution really says.
Restrictions on rights in a state of emergency
According to Espreso.tv: Constitutional lawyer Andrij Magera explained that Article 64 of the Ukrainian Constitution provides for temporary restrictions on certain rights during wartime or a state of emergency. However, according to Magera, there are fundamental rights that must not be violated under any circumstances – regardless of the situation.
The constitution thus allows for certain restrictions in special situations, but the right to life, dignity, personal freedom and inviolability, the inviolability of the home as well as the confidentiality of correspondence remain absolutely protected.
“A partial answer to this question is already provided by the existing constitution” – Andrij Magera, highlighting the importance of these immutable principles. It is important to understand that these rights are the core of human dignity and therefore cannot be negotiated even in times of crisis.
Arrest rights and human dignity
Magera further emphasized that an arrest without a court order is only permissible in narrowly defined exceptional cases and for a short duration.
“No one may violate the dignity of a person under any circumstances” – Andrij Magera, said the expert. He pointed out that “all of this is already guaranteed by the existing constitution,” underscoring the necessity of protecting human rights even under difficult conditions.
These statements by the expert illustrate how central the respect for human rights is in Ukraine – even in exceptional situations. In times of war and crises, state authorities must always find a balance between security needs and the protection of fundamental freedoms. The urgency of these issues grows in light of the current situation in the country and requires the state to consistently adhere to constitutional provisions.
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