The impact of martial law on the observance and protection of human rights and freedoms

The relevance of the scientific research conducted in this article stems from the fact that the observance and protection of human rights and freedoms are of particular importance under martial law. Under such condi-tions, all spheres of society, socio-economic, political, and cultural undergo a conceptual restructuring and adaptation to address urgent security issues. This implies granting additional powers to state authorities, mi-litary command, and law enforcement agencies solely to ensure the smooth functioning of the state apparatus under conditions of uncertainty, thereby minimizing the risks of destabilizing the internal situation. Naturally, this affects the observance and protection of human rights and freedoms, since any restrictions imposed under the legal regime of martial law must comply with the provisions of the Constitution of Ukraine, Ukrainian laws, and international legal acts ratified by Ukraine. The digitalization of public services is particularly important for ensuring the observance and protection of human rights and freedoms under martial law, as it involves maximally simplifying interactions between the population and public authorities amid the challenges posed by regular shelling, electricity shortages, and air raids. The development of digital technologies under martial law was largely facilitated by previous experience in adapting state institutions to remote work during the covid-19 pandemic. Despite the potential restrictions on human rights and freedoms under the martial law regime, the activities of public authorities should be carried out in accordance with the principle of legality and within the powers provided by applicable law.

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Publication Details

Journal
Dixi
Published
2025-05-21
DOI
https://doi.org/10.16925/2357-5891.2025.02.08
Primary Topic
International Law and Human Rights
Type
article
Field-Weighted Citation Impact
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article

The impact of martial law on the observance and protection of human rights and freedoms

Tetiana Voloshanivska, Olena Lepei, Olesia Nitsevych, Serhii Danylo
Dixi
International Law and Human Rights
article

The impact of martial law on the observance and protection of human rights and freedoms

Tetiana Voloshanivska, Olena Lepei, Olesia Nitsevych, Serhii Danylo
article en

Abstract

The relevance of the scientific research conducted in this article stems from the fact that the observance and protection of human rights and freedoms are of particular importance under martial law. Under such condi-tions, all spheres of society, socio-economic, political, and cultural undergo a conceptual restructuring and adaptation to address urgent security issues. This implies granting additional powers to state authorities, mi-litary command, and law enforcement agencies solely to ensure the smooth functioning of the state apparatus under conditions of uncertainty, thereby minimizing the risks of destabilizing the internal situation. Naturally, this affects the observance and protection of human rights and freedoms, since any restrictions imposed under the legal regime of martial law must comply with the provisions of the Constitution of Ukraine, Ukrainian laws, and international legal acts ratified by Ukraine. The digitalization of public services is particularly important for ensuring the observance and protection of human rights and freedoms under martial law, as it involves maximally simplifying interactions between the population and public authorities amid the challenges posed by regular shelling, electricity shortages, and air raids. The development of digital technologies under martial law was largely facilitated by previous experience in adapting state institutions to remote work during the covid-19 pandemic. Despite the potential restrictions on human rights and freedoms under the martial law regime, the activities of public authorities should be carried out in accordance with the principle of legality and within the powers provided by applicable law.

DixiVol. 27(2)
Kharkiv National University of Internal Affairs (UA), National Academy of Internal Affairs (UA), Odessa State Environmental University (UA)
Openalex Percentile: Top 85%
International Law and Human Rights
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The impact of martial law on the observance and protection of human rights and freedoms — Tetiana Voloshanivska, Olena Lepei, et al. · Dixi (2025) | TGRS Research Map | TGRS