Diagnosing democracy

On December 10 Ukraine observed the International Day of Human Rights. Five years ago the Ukrainian leadership ratified the Convention for the Protection of Human Rights and Fundamental Freedoms, which the UN General Assembly endorsed on Dec. 10, 1955. Understandably, this problem is broached in Ukraine not once every year, but almost on a daily basis. However, today we have another reason to consider what has changed in this sphere over the last year. Experts point to an increasing number of people who turn to courts in the hopes of having their violated rights restored. According to Vasyl Maliarenko, presiding judge of the Supreme Court of Ukraine, to date over six million such appeals have been submitted. On the one hand, this signals a growing legal awareness of our fellow countrymen and their readiness to stand up for their rights. On the other hand, however, this is indirect proof of the fact that violations of human rights in Ukraine still represent a mass phenomenon as before.

Nina KARPACHOVA, human rights ombudsperson in Ukrainian parliament:

“Fifty-five years ago the UN General Assembly proposed observing December 10 as the International Day of Human Rights. On that particular day in 1948 the General Assembly endorsed the Universal Declaration of Human Rights. This year we observed the 60th anniversary of the UN, the 30th anniversary of the Helsinki Accords, the 10th anniversary of Ukraine accession to the Council of Europe, and the anniversary of the Orange Revolution. They represent our tentative steps on our way toward a powerful democracy and respect for human rights. During the seven and a half years since the creation of the institution of the human rights ombudsperson, 673,000 Ukrainian citizens, foreigners, refugees, and stateless citizens used their constitutional right to appeal to the ombudsperson.

“At one time the UN stressed that there is every reason for the Ukrainian government to recognize poverty as the key violation of human rights in Ukraine. This was done eventually. Violations of constitutional rights of the child represent a very painful problem. The number of neglected children in Ukraine is close to 200,000.

“Another problem is that today a person in Ukraine has no effective means of defense. We do not have professional lawyers or a law of Ukraine on the practice of lawyers. Parliamentarians yet again voted down a corresponding bill. What is needed to change this? Only political will and understanding of our citizens’ problems.”

Yevhen ZAKHAROV, chairman of the Kharkiv human rights group:

“Violations of social and economic rights are most wide-spread. I mean the right to medical care, social assistance, etc. Unfortunately, the government has not done anything to secure those rights. They shouldn’t have included these rights in the Constitution in their current wording. They shouldn’t have included provisions about adequate living standards in the fundamental law. Or they should have explained the meaning of a minimum living wage or life below the breadline. It is impossible to call the current living standard of Ukrainian citizens adequate. If a person does not have a place to live, no court will provide him or her with a dwelling despite the fact that the Constitution provides for the right to have a place to live.

“Still, political reprisals stopped this year. Now any political force should no longer fear being crushed. The mass media have more freedom. In general, it has become easier to breathe, and there is less pressure from the state. Thus, there are improvements.”

Volodymyr YAVORSKY, human rights program director at the Ukrainian Helsinki Group:

“On December 10 human rights advocates in all countries draw the public’s attention to the problems of human rights. On this day Ukraine also discusses the most painful issues, in particular the things the government should do to bring our country closer to the European Union in terms of respect for personal rights. It is worth noting that Ukrainian society has seen positive shifts in terms of free speech and the freedom of peaceful assembly. Yet there are chronic problems, especially among the uniformed services, which continue to abuse citizens’ rights, as manifested in illegal arrests, cruel treatment of detainees or prisoners. It is obvious that the situation in the justice system has been deteriorating for many years: thousands of court rulings are ignored, and court proceedings take much too long.

“Most importantly, there is a constant discussion in society of socially important issues, including the need to enforce human rights and freedoms, which is critical to democracy.”