PROTECTION OF HUMAN RIGHTS IN CONDITIONS OF A STATE OF EMERGENCY OR MARTIAL LAW: BALANCING SECURITY AND FREEDOMS

Abstract

The article is devoted to a comprehensive analysis of ensuring human rights and freedoms under a state of emergency or martial law, with a focus on finding a balance between the requirements of national security and the preservation of democratic freedoms. It emphasizes that human rights are a fundamental value of a democratic state governed by the rule of law, and their protection is an integral element of the rule of law even in times of crisis. The constitutional and international legal foundations for restricting rights and freedoms are examined, including the provisions of the Constitution of Ukraine, the European Convention on Human Rights, and the International Covenant on Civil and Political Rights. Special attention is paid to the case law of the European Court of Human Rights regarding the permissibility and limits of such restrictions. The criteria of necessity, legality, and proportionality of state interference with human rights are also analyzed. Conclusions are drawn regarding the importance of compliance with international standards even in situations of armed conflict.

The paper provides a detailed and clear analysis of the legal regime of martial law in Ukraine, with an emphasis on its impact on human rights and freedoms. It examines which rights may be temporarily restricted during wartime and which are absolute and may not be limited under any circumstances. Particular attention is given to the principle of proportionality as applied in the case law of the European Court of Human Rights, as a key guideline for assessing the legality and justification of state interference in the field of human rights, taking into account security and societal needs.

The study also explores issues related to the realization of the right to access information and freedom of expression under martial law, as well as the role of judicial, parliamentary, and international oversight in ensuring the protection of human rights. Special emphasis is placed on documented violations of the rights of the civilian population in temporarily occupied territories, highlighting the need for continuous monitoring and improvement of legal protection mechanisms.

It is concluded that effective protection of human rights in times of war is possible only under conditions of legality, transparency of state decisions, adherence to the principle of proportionality, and compliance with international standards, which together serve as a guarantee of preserving the democratic nature of the state.