ЕКСПЕРТИЗА МІЖНАРОДНИХ ОРГАНІЗАЦІЙ
UN Human Rights Monitoring Mission in Ukraine
General comments on the draft of Human Rights Strategy in Ukraine
- Overall comment: there seems to be great disparity between sections of the Strategy, some are very vague and generic, others are a bit more developed.
- We would also like to stress that some sections are quite weak but some are more developed. Some could be added to with quite comprehensive recommendations from the United Nations mechanisms addressed to Ukraine. As an example, the Section on ‘Combating torture and inhuman or degrading treatment or punishment’ may be a bit more developed, based on concluding observations received from CAT in November. It contains a long list of specific recommendations regarding prevention and combating of torture.
- The section ‘Creating conditions for the freedom of entrepreneurship’ should be deleted and partially merged with the section ‘Ensuring the right to work and social protection’. Therefore we propose to add the United Nations Guiding Principles on Business and Human Rights that is led by the former Special Representative of the UN Secretary-General and actively supported by the Office of the High Commissioner for Human Rights.
4. We would suggest that the section ‘The human rights of ATO participants’ should be renamed as ‘The human rights in conflict situations’. Or not to make a separate section it from the others, since this is a less common group to include and in some ways can be said to be part of a state policy (more like police and military than regular citizens).
- The reforms of the judicial system and criminal justice system should also themselves be presented earlier in the document since the right to a fair, impartial and functioning justice system is in itself a human right and not only a prerequisite for the enjoyment of other human rights.
- Under the section ‘Ensuring equal rights for persons with disabilities’ there are many expected outcomes in relation to persons with disabilities that may be included in relation to other groups as well. We suggest that the expected outcomes in relation to specific groups are mirroring each other – or if special attention is given, the reason should be clear.
- Section on ‘Ensuring equal rights for women and men’ should be much more developed because of discrimination which both groups of people face nowadays in Ukraine.