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NATIONAL HUMAN RIGHTS STRATEGY

DRAFT APPROVED

by the Law of Ukraine

of «___»_____2014     #______

NATIONAL HUMAN RIGHTS STRATEGY

General provisions

The need for approval of the National Human Rights Strategy was determined by systemic issues related to the ensuring and exercise of human rights and fundamental freedoms, their effective protection, as evidenced by the recommendations of the United Nations and its human rights mechanisms, the Council of Europe, Organization for Security and Cooperation in Europe and other international organizations as well as in the context of implementation of the Association Agreement between Ukraine and the European Union, the decisions of the European Court of Human Rights, events associated with Maidan, resulting from the new challenges related to the occupation of the part of Ukraine’s territory and military conflict in eastern Ukraine. 

The National Human Rights Strategy (hereinafter – the Strategy) aims at the implementation during 2015-2020 of strategic goals based on the principles of the Strategy in order to eliminate the root causes of human rights violations and implement effective mechanisms for exercise and protection of human rights and fundamental freedoms.

The Strategy spells out expected outcomes, mechanisms, principles and procedure of implementation, restoration and exercise of human rights in Ukraine, as well as observation, monitoring, and control of Strategy implementation.

The Strategy does not cover and exhaustive list of human rights issues, but, rather, focuses on systemic challenges which impede sustainable development of the society.

In cooperation with other states, Ukraine will apply a human rights based approach and develop bilateral relations based on respect for international and regional commitments in this area by the respective states and the protection of the rights of citizens of Ukraine and other persons of Ukrainian origin in these states.

 

Strategy’s Vision

By 2020, the Strategy will have achieved the following goals:

1) appropriate conditions for the exercise of human rights and fundamental freedoms and an effective system of their protection is established;

2) human rights and fundamental freedoms have become a driver of the state policy that guides government agencies and local governments in a decision-making process.

 

Principles of the Strategy

The Strategy is based on the following principles:

-    openness and transparency of the development, implementation and monitoring of the Strategy with the aim to maximize the involvement of all the stakeholders and ensure the access to information about these processes;

-    Improving human rights for all with due attention to the needs of the most vulnerable groups;

-    equality, including gender equality, which envisages equal opportunities, equal access to opportunities, equivalence of results;

-    non-discrimination, which envisages equal for all rights and freedoms without limitation;  

-    commitments of the state to respect, protect and enforce the rights;

-    specificity, providing for the understanding of the strategic goals by all parties engaged in the implementation and monitoring of the Strategy;

-    feasibility and measurability of strategic objectives, providing for their realistic achievement based on defined resources and in a timeframe set; the availability of mechanisms for assessment of their achievement.

 

Strategic Areas

  1. ENSURING THE RIGHT TO LIFE [OU1] 

Human life is the highest value. Given the current circumstances, the state’s duty to protect human life is of particular significance.

Strategic goal

To ensure adequate protection of the right to life and the availability of remedies and mechanism for effective investigation of violations of the right to life.

Expected outcomes:

-    an effective system aimed at ensuring combating criminal acts against life, their prevention, suppression and punishment for such acts;

-    reforming of criminal justice bodies and law enforcement bodies.

  1. COMBATING TORTURE AND INHUMAN OR DEGRADING TREATMENT OR PUNISHMENT 

The torture, inhuman or degrading treatment or punishment remains a systemic problem in Ukraine.

Strategic goal

To prevent the torture, inhuman or degrading treatment or punishment by state agents and to create conditions of detention and treatment of detainees that are in line with international standards.

Expected outcomes:

-    an efficient system of combating torture, inhuman or degrading treatment or punishment, their prevention, suppression and punishment for such acts established;

-    Document and undertake prompt, thorough and impartial investigations into all acts of torture or other ill-treatment, including enforced disappearances and deprivation of life, committed in any territory under its jurisdiction.

-    the availability of remedies against torture, inhuman or degrading treatment or punishment; Ensure that alleged perpetrators are duly prosecuted, including persons in position of command and those who provided legal cover for torture, and, if found guilty, are punished with penalties commensurate with the grave nature of their act;

-    Provide redress and rehabilitation to the victims, in accordance with the international standards;

-    conditions of detention and treatment of detainees in all places of deprivation of liberty conform to international standards.

-    Provide training for medical personnel and other officials involved in dealing with detainees;

-    an independent and impartial body to investigate all allegations of torture and ill-treatment is established;

 

  1. ENSURING THE RIGHT TO FREEDOM AND PERSONAL INVIOLABILITY 

The practice of non-compliance with procedural law by law enforcement officers, the agencies of pre-trial investigation, penitentiary institutions, prosecutors and judges, the nonconformity of regulatory requirements with the international standards lead to arbitrary arrest and detention.

Strategic goal

To prevent arbitrary arrest and detention.

Expected outcomes:

-    Existing legal frameworks on detention brought in line with international standards;

-    the arbitrary and undocumented arrest and detention without a court order prevented;

-    the protection of human rights of the detainees for an administrative offense established at the level not less than provided in the criminal procedural law.

 

  1. ENSURING THE RIGHT TO A FAIR TRIAL AND REFORM OF THE JUDICIAL SYSTEM [AS2] 

The right to a fair trial is not ensured exactly. The legislation and practice of ensuring the right to a fair trial do not meet international standards. The legislation in the judicial system requires a comprehensive review and improvement in line with international standards.

Strategic goal

To create an effective system of protection of human rights and fundamental freedoms through exercising right to a fair trial. To ensure the accessibility and effectiveness of legal proceedings, judicial independence in accordance with international standards.

Expected outcomes:

-    the gaps of procedural legislation eliminated, providing for effective proceedings within reasonable timeframes, made it impossible to refuse the proceedings due to the erroneous determination of the Court, consistent jurisprudence;

-    the judgments are enforced within a reasonable timeframe, in particular through the introduction of an alternative enforcement of judgments;

-    the independence of legal counsels and guarantees for professional activity of lawyers ensured;

-    free legal aid is provided in civil and administrative cases, in addition to criminal cases;

-    Depoliticized process of forming judiciary  and bringing judges to responsibility;
- Implemented entirely automated system the distribution of cases;

-    the constitutional complaint procedure introduced.

-    distribution of cases between the judges is carried out by the automated system only;

-     a judiciary staffing process, holding judges accountable depoliticized.

 

  1. REFORM OF THE CRIMINAL JUSTICE AND LAW ENFORCEMENT AGENCIES[OU3] 

A large share of responsibility for human rights violations in Ukraine rests with the inadequate law enforcement system, the structure and methods of performing the functions of which by many criteria do not meet the growing needs of the society and the generally accepted international democratic standards. Due to the recent changes in the political life of Ukraine there are high expectations of the society for the fundamental changes in the area of ensuring personal security, protection of rights and public order, elimination of corruption in the law enforcement agencies and turning them from the agencies of repression to institutions ensuring the protection of human rights.

Strategic goal

To establish an independent, impartial, effective, transpa              rent and human rights focused system of criminal justice and law enforcement agencies.

Expected outcomes:

-    the probation is introduced and its proper functioning ensured;

-    the independence, governance and impartiality of prosecutors strengthened, the additional guarantees for the suspects and accused against the illegal actions of law enforcement agencies provided;

-    the judicial control over the extension of the term of investigation of crimes established;

-    an independent mechanism for effective investigation by law enforcement agencies of each case of submission of the complaint of human rights violations and bringing those responsible to justice established;

-    the law enforcement agencies are reformed based on the principles of decentralization and depoliticization;

-    further development of the national preventive mechanism operation ensured.

 

  1. ENSURING THE FREEDOM OF EXPRESSION AND ACCESS TO INFORMATION

Ukraine’s legislation on information does not meet the current level of information relations development. There are no guarantees of the independence of the media, prevailing impunity that surrounds violence and attacks against journalists, an inadequate protection of journalists, no guarantees of the access to the Internet, inadequate enjoyment of the right to access public information.

Strategic goal

To provide for an unimpeded information exchange in the society, freedom of media
and protection of journalists’ rights in accordance with international standards.

Expected outcomes:

  • transparency of ownership affiliation and sources of financing of the media;
  • investigations into threats and attacks are conducted effectively, promptly, thoroughly, independently and impartially, and that prosecutions are brought where there is the evidence to do so.
  • Remedies to the victims, in accordance with national and international law; proper functioning of public broadcasting;

-    National security and laws adopted due to the security operation in the country should not be used to silence journalists;

-    Mechanisms of censorship and legal harassment must be removed;

-    Special guarantees for freedom of expression of state officials and journalists are be provided;

-    an effective non-judicial mechanism for the exercise of the right to access public information provided;

-    the system of guarantees of the public access to the Internet provided. 

 

  1. ENSURING THE FREEDOM OF PEACEFUL ASSEMBLY AND ASSOCIATION

The organization and procedure for peaceful assembly are not stipulated by law, which results in a negative practice of enforcement, unreasonable restriction of the right to freedom of peaceful assembly by courts, state agencies, local governments.

In 2013, amendments to the legislation that substantially improved the regulation of public associations came into force, but their implementation has not been completed.

Strategic goal

To ensure exercise of the right to freedom of peaceful assembly and association. 

Expected outcomes:

-    a clear legal regulatory framework on the right to freedom of peaceful assembly;

-    safety of peaceful assembly ensured;

-    the government interventions in the establishment, activity and termination of public associations through registration procedures minimized;

-    equal and transparent conditions for access of public associations to state financing introduced;

-    promotion of dialog between the protest organizers, administrative authorities and the police;

-     

 

  1. ENSURING THE RIGHT TO VOTE IN ELECTIONS AND REFERENDA

The changes that were introduced to the election law of Ukraine were not systemic and comprehensive in nature and did not bring the legislation in line with international standards.

There is no legal regulation of local referenda and the Ukrainian law on national referendum requires improvement.

Strategic goal

To ensure the enforcement of the rights of citizens to freely elect and be elected to public authorities and local governments, to participate in the national and local referenda in accordance with international standards for elections and referenda, to create conditions for effective representation of the interests of voters and local communities.

Expected outcomes:

-    a comprehensive and systemic improvement of the legislation of Ukraine on election accounting for the remarks and recommendations provided by international experts based on the results of observation of the electoral process, public opinion and the new political realities provided;

-    the legislation on the national referendum improved and the legislative framework for local referenda with account of international standards for referenda provided;

-    transparency of funding of political parties and election campaigns with account of recommendations of the Group of States against Corruption (GRECO) ensured;

-    simplification of legislation in a field of electoral process and comprehensive democratic electoral reform.

 

  1. COMBATING DISCRIMINATION

The practical Implementation of anti-discrimination legislation is complicated because of absence  of  effective mechanism for the right not to be subjected to discrimination existing in society prejudices and stereotypes

Strategic goal

To combat discrimination [OU4] on the basis of sex, nationality, ethnicity, religion, language, disability, sexual orientation, origin (for IDPs) in all spheres of public and private life, to develop and implement effective mechanisms for prevention and combating discrimination.

Expected outcomes:

-    an effective mechanism for protection and combating all forms of discrimination provided;

-    programs on raising awareness on the equality and non-discrimination implemented;

-    Effective remedies for victims of discrimination are available.

 

  1. ENSURING EQUAL RIGHTS FOR WOMEN AND MEN

In Ukraine there is a systemic discrepancy in the rights and opportunities for women and men.

Strategic goal

To ensure equal rights and opportunities for women and men in all spheres of public and private life.

Expected outcomes:

-    International and national laws on women’s human rights and gender equality implemented in policies and programs;

-    the opportunities and conditions for overcoming gender stereotypes and sexism created;

-    the national mechanism for ensuring equal rights and opportunities for women and men, including temporary special measures strengthened;

-    a balanced participation of women and men in the political and public decision-making as well as in the economic sphere achieved;

-    women engaged in crisis and conflict prevention;

-    using of positive discrimination measures; gender is mainstreamed in all policies and measures, all spheres of social life at all levels).

 

  1. COMBATING ALL FORMS OF VIOLENCE

The legal regulatory framework in the area is not comprehensive and. The existing discrepancies and inconsistencies in terminology and state mechanisms for combating violence make it difficult to overcome this problem.

 

Strategic goal

To establish a system for combating all forms of violence, including sexual and gender-based violence and trafficking in human beings.

Comprehensive legislation on violence against women adopted and implemented

Expected outcomes:

-    an effective system for prevention and combating all forms of violence established.

-    National legislation on VAW in place and operational.

-    All professionals who are likely to come in contact with potential victims of trafficking are fully aware of the identification procedure and receive training or methodological support to enable them to identify victims of trafficking and refer them to relevant institutions for assistance.

-    Review the process of obtaining the status of victim of trafficking is reviewed, so it is more human-rights centered and does not depend on victims’ cooperation with the law enforcement authorities.

-    The human trafficking prevention efforts target the most vulnerable populations is ensured, particularly IDPs, and that safe migration advice is available and easily accessible to the actual and potential migrants.

-    Effective remedies for victims of domestic violence and human trafficking are available.

 

  1. ENSURING THE RIGHTS OF NATIONAL  MINORITIES AND INDIGENOUS PEOPLES

 

Legislation on national minorities needs improvement and conforming to international standards. There is no legislation on Indigenous Peoples.

Strategic goal

An effective system of promotion and protection of national minorities and indigenous support, develop tolerant inter-ethnic relations in Ukrainian society.

Expected outcomes:

- An effective mechanism to ensure and protect the rights of minorities, indigenous peoples;- A policy of ethnic tolerance;

- Legislation on minorities and indigenous peoples is adopted and improved.

- Minorities, indigenous people have an equal access to all social, humanitarian and other services as other groups of people;

- Effective mechanism for participation of minorities in public life of the country.

 

  1. ENSURING THE RIGHT TO WORK AND SOCIAL PROTECTION

The state does not fully ensure the citizens’ right to work and employment.

The current system of social security, which includes pensions, employee benefits (for temporary incapacitation, pregnancy, and childbirth, etc.), unemployment benefits is not effective and does not meet the economic capabilities of the state.

Strategic goal 

To create opportunities for attaining of a decent standard of living and that business focused polices and laws are consistent with the state’s human rights obligations.

Expected outcomes:

-    an effective system of social protection that meets the capabilities of the state established;

-    the availability of financing sources of the of social protection system alternative to the state;

-    social assistance is targeted;

-    safe and healthy working environment including freedom from sexual harassment

-    protection of labour rights, unhindered establishment and operation of workers’ associations;

-    the measures to strengthen and promote corporate social responsibility implemented.

-    the state interference and control of entrepreneurial activity minimized; such interference is strictly regulated[OU5] ;

-    combatting discrimination in labour;

-    the state prevent, investigate, punish for such abuse through effective policies, legislation, regulations and adjudication;

-    adequate accountability and effective redress through judicial as well as non-judicial mechanisms for people harmed by business activities.

-    UN Guiding Principle on Business and Human Rights are promoted and applied.

 

  1. ENSURING THE RIGHT TO HEALTH


As public health Ukraine is one of the lowest ratings seats in the European region.

Strategic goal
Equal access to quality and timely medical care, prevention and early detection of diseases including to medical services that only women requires.


Expected outcomes
- Ensured medical infrastructure needs of local communities;
- Defined guaranteed amount of medical assistance provided through the budget at no cost;
- Ensured the protection of patients’ rights;
- Have access to health care for vulnerable populations, particularly homeless people - asylum seekers, migrants, Roma, etc.
- Created equal access to quality health and social care of drug addicts, persons living with HIV / AIDS, tuberculosis and other socially dangerous diseases.

 

  1. ENSURING THE RIGHT TO EDUCATION

The inadequate access, quality and competitiveness of education in the new economic and socio-cultural conditions.

Strategic goal

To establish an effective system for comprehensive human development according to the natural and individual educational needs along with comprehensive health and sexuality education

                                                                                                           

Expected outcomes:

-    a network of primary, secondary, and extra-curricular educational institutions meets the needs of local communities;

-    compliance of the syllabus with the needs of existing and projected labor market;

-    lifelong learning;

-    The educational curriculum responds to the needs of ethnic minorities and contributes to the preservation and development of their culture, language and national identity.

-    the principle of equality and non-discrimination on any grounds, including on the grounds of gender, sex, disability, ethnicity, social and economic status, place of residence et in the availability and accessibility of quality education for all people at every stage of education

 

  1. ENSURING THE RIGHT TO PRIVACY

There is no effective remedy for the violations of the right to privacy. There are excessive government databases of personal data. The processing of personal data in multiple cases is carried out in violation of the law.

Strategic goal

To establish the standards for protection of the right to privacy.

Expected outcomes:

-    cases of government interference with the right to privacy are minimized and clearly regulated;

-    prevention of processing of personal data not related to the purpose of such processing;

-    a system preventing the creation of excessive government databases established.

  1. ENSURING EQUAL RIGHTS FOR PERSONS WITH DISABILITIES

The inclusion of persons with disabilities in public life is accompanied by numerous obstacles: the issue of access to buildings, transport and information. The institute of social adaptation / social mentorship is lacking.

Strategic goal

To ensure equal opportunities for participation of persons with disabilities in all aspects of public and political life, exercise and protection of their rights and freedoms.

 

Expected outcomes:

-    conditions for barrier-free access to buildings, transport and information, services through the use of universal design and reasonable adjustment are created;

-    persons with disabilities exercise the right to education and employment without discrimination;

-    the social protection and rehabilitation of persons with disabilities is provided;

-    the equal conditions for access to health care established;

-    the opportunities for participation of persons with disabilities in decision-making making process that affect them provided;

-    conditions to support the full participation of persons with disabilities in social, political, and cultural life of the society created;

-    the protection of persons with disabilities during humanitarian emergencies is provided;

-    programs aimed to increase public awareness of the rights of persons with disabilities are implemented;

-    development of the system of social adaptation, the system of supported living of persons with disabilities in the community from birth to end of life.

-    the specific risk and vulnerability of women and girls with disabilities are addressed.

-     

 

  1. ENSURING THE RIGHTS OF THE CHILD

There is no comprehensive system for realization  and protection of child rights in Ukraine. The existing mechanisms of rights protection and respect for a child are ineffective.

Strategic goal

To create a favorable environment for the upbringing and education of children. To ensure systemic and effective realization  of the rights and best interests of the child.

Expected outcomes:

-    conditions for self-expression, development and participation of children in decision-making are created;

-    Every decision made about child is based on the ‘best interests’ of the child and takes into account the child’s views, appropriate with the child’s age and maturity;

-    A comprehensive system for prevention of social orphanhood;

-    conditions for the development and upbringing of children in families or in the closest to family environment are created; the reform and gradual elimination of boarding schools are implemented, including prevention of institutionalization of children;

-    the child - friendly services, especially medical, social, and legal are introduced;

-    all children have equal access to services regardless of health, origin, ethnic or religious status.

-    A functioning justice for children system  in accordance with international standards and best practices is established;

-    the effective implementation of measures aimed at the re-socialization and rehabilitation of children in conflict with the law, including crime prevention  is ensured;

-    the level of child prostitution and other forms of sexual exploitation, all forms of violence against a child significantly reduced.

-    Children are not involved in armed conflict and they are protected from the potential harm from the armed conflict on them.

  1. ENSURING THE RIGHTS OF ASYLUM SEEKERS, REFUGEES, STATELESS PERSONS AND MIGRANTS,

The provision of legal and social protection for asylum seekers, refugees, stateless persons and migrants does not meet international standards. The asylum system requires improvement; there is no effective mechanism for the exercise of the right to work, there are no programs for reintegration and ensuring other rights guaranteed by the international treaties.

Strategic goal

To provide legal and social protection of migrants, asylum seekers, refugees and stateless persons. 

Expected outcomes:

-    the legislation is brought in line with the international standards for the protection of the rights of asylum seekers, refugees, stateless persons and migrants;

-    the measures for the integration of asylum seekers, refugees, stateless persons and migrants are implemented;

-    the access to health care, education and the right to work of the asylum seekers, refugees, stateless persons and migrants is ensured.

 

  1. THE HUMAN RIGHTS IN CONFLICT SITUATIONS

The legislation does not regulate a number of issues related to the situation in eastern Ukraine. the level of material and technical support of persons taking part in the ATO is inadequate.

Strategic goal

To create and ensure appropriate conditions for the exercise and protection of the human rights in conflict situations.

Expected outcomes:

-    the legislative regulation on the national level of the human rights in conflict situations ;

-    the adequate conditions of people in are involved in conflicted situations;

-    a system for social, medical, and psychological rehabilitation of the victims of the conflict situations and their families established.

-    Persons taking no active part in the hostilities shall in all circumstances be treated humanely, without any adverse distinction founded on race, color, religion or faith, sex, birth or wealth, or any other similar criteria.

 

  1. PROTECTION OF THE RIGHTS OF INTERNALLY DISPLACED PERSONS (IDPs)

Lack of state target program solving the problems of the IDPs; lack of effective mechanisms of protection of rights of the IDPs, including from discrimination on territorial grounds; lack of mechanisms of social adaptation and integration of IDPs at the new places of living; no conditions for returning of IDPs to the places of the places of their permanent residence were created; insufficient  restoration of infrastructure in the areas liberated from terrorists.

Strategic goal

To ensure proper conditions for the exercise and protection of the rights and freedoms of internally displaced persons. The Government to adopt state target program of support of the IDPs.

Expected outcomes:

-    the minimum adequate standard of living are ensured;

-    the exercise and protection of social rights and humanitarian needs ensured;

-    programs of social adaptation and integration of IDPs at the new places of living are exercised;

-    the conditions for the voluntary return of IDPs to places of their permanent residence created.

 

  1. IMPLEMENTATION OF ALL THE NECESSARY MEASURES IN ORDER TO PROTECT THE RIGHTS OF PERSONS LIVING IN THE TEMPORARILY OCCUPIED TERRITORY

In the occupied territory there are numerous violations of human rights and freedoms by members of the occupation authorities; the rights of indigenous peoples are violated.

Strategic goal

To support the observation of the rights of citizens of Ukraine residing in the temporarily occupied territory.

Expected outcomes:

-    the measures aimed to protect the rights of citizens of Ukraine residing in the temporarily occupied territory are implemented through the available bilateral and multilateral international legal mechanisms.

 

  1. ENSURING THE RIGHTS OF PERSONS LIVING IN AREAS THAT ARE CURRENTLY NOT UNDER THE CONTROL OF UKRAINE

The constant threat to life and health, the inability to exercise economic, social and other rights.

Strategic goal  

To ensure the exercise and protection of person’s rights in areas that is currently not under the control of the state.

Expected outcomes:

-    the basic necessities of life provided; 

-    the adequate conditions for receiving social benefits established and access to health, education and humanitarian aid;

-    a safe environment for voluntary movement to other regions of Ukraine created;

-    the access to justice restored and the crimes committed in areas that are not under the control of Ukraine are investigated.

 

  1. THE RELEASE OF HOSTAGES AND RESTORATION OF THEIR RIGHTS

The lack of an effective system of measures for the liberation and rehabilitation of hostages.

Strategic goal   

To release the hostages and provide for their rehabilitation.

Expected outcomes:

-    an effective system for the liberation of hostages established;

-    the access of the released to primary medical and legal assistance ensured;

-    the system of social and psychological rehabilitation of the released individuals and their families put in operation;

-    a mechanism of effective crime investigation developed.

The mechanisms of respect, restoration and exercise of human rights in Ukraine

The respect, restoration and exercise of human rights are impossible without establishing an independent and effective national system of judicial protection, the criminal justice system and law enforcement agencies, the improvement of human rights education in Ukraine.   A stronger and powerful national human rights mechanism is also key to the full and sustainable realization of human rights. National Human Rights Institutions, like the Ombudsperson’s Office and other quasi-judicial institution are cornerstones of strong national human rights protection system.

  1. RAISING AWARENESS OF HUMAN RIGHTS

The overall level of legal knowledge is not satisfactory due to a mismatch between the needs of the society and the existing national legal education programs. The low awareness of individuals authorized to perform state functions of the international human rights standards leads to the disregard for human rights and the rule of law violations in their activities.

Strategic goal:

To enable every person to have access to information and gain knowledge about the rights, fundamental freedoms and duties, the mechanisms of their exercise and protection. [OU6] 

Expected outcomes:

-    in cooperation with non-governmental and international organizations to develop and adopt a national program of human rights education, which includes a clear evaluation and implementation monitoring system;

-    to introduce in the curricula of the secondary and higher educational institutions the international standards of human rights education and training;

-    to include the issue of human rights standards to the requirements of professional competence of individuals engaged in lawmaking and law enforcement;

-    the awareness raising of human rights is regularly and systematically carried out in the community.

 

29. THE IMPLEMENTATION, MONITORING, AND CONTROL OVER THE IMPLEMENTATION OF THE STRATEGY

  1. The Government of Ukraine is responsible for the implementation of the Strategy, in cooperation with  public authorities, civil society, the Ombudsman of the Verkhovna Rada of Ukraine, with the support of the United Nations, the Council of Europe, Organization for Security and Cooperation in Europe  and other international organizations.
  2. The implementation of the Strategy should be ensured through the creation of a dedicated governmental senior inter-agency coordination body (or working group) responsible for leading and streamlining government tasks related to the implementation of the country’s human rights obligations and associating national human rights institutions and other stakeholders.

3.      The Cabinet of Ministers of Ukraine within six months from the date of approval of this Strategy shall develop an Action Plan that includes a list of measures, timeframes, scope of financing and funding sources, responsible implementers and partners, expected outcomes and performance indicators.

4.      In order to monitor the implementation of the Strategy by the President of Ukraine, the Cabinet of Ministers of Ukraine, the relevant subsidiary bodies may be established and include, by consent, the representatives of state bodies, civil society, the Ombudsman of the Verkhovna Rada of Ukraine, international organizations, people’s deputies of Ukraine, scientists and other experts.5.      The monitoring of Strategy implementation is carried out through the parliamentary hearings in the Verkhovna Rada of Ukraine, the results of which are taken as a basis for the adoption at the plenary session of the Resolution of the Verkhovna Rada of Ukraine with the approval of the relevant recommendations.

  1. The control over the implementation of the Strategy and action plans is implemented in accordance with available national and international mechanisms.
  2. The evaluation of the effectiveness of Strategy implementation shall be based on the results of the Action Plan, Ukraine’s position in the international ratings, the results of monitoring of Ukraine by international organizations, social research, opinion polls.

 

 [OU1]In this section, it is not clear what HR violation (systemic or non-systemic) will be addressed. The Universal Declaration of Human Rights (UDHR) refers to the rights to life, liberty and security (article 3). This is usually understood as the right not to be killed and is central to issues of capital punishment, euthanasia, self-defence, abortion and war. It is also the freedom to act or believe without being stopped by unnecessary force, and the right to be free from danger or injury. What does this section have in mind?

 [AS2]We merged it with section on Reform of the judicial system

 [OU3]It was moved up

 [OU4]UA version contains provisions about all ‘protected characters in discrimination’. We propose to delete provisions about protected characters.

 [OU5]This was taken from the section ‘Creating conditions for the freedom of entrepreneurship ‘and moved here. 

 [OU6]It would be good if this goal could be divided into two – one for the duty-bearers to ensure their awareness of their responsibility to respect, protect, implement and promote the human rights of all persons in Ukraine – and one for the rights-holders to ensure their awareness of their rights to claim and enjoy their human rights and their duty to accept the equal rights of others to do the same. 

 

 

 

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