THE RIGHT TO FREEDOM OF EXPRESSION OF POLITICAL VIEWS IN THE CONTEXT OF ARMED CONFLICT: CURRENT HUMAN RIGHTS CHALLENGES
The article is devoted to a comprehensive study of the right to freedom of expression of political views during armed conflict.It examines the nature of this right as one of the fundamental elements of a democratic society, defines its content, functions, international legal guarantees, and national mechanisms for its realization and limitation.Given the ongoing armed aggression against Ukraine, the issue of the permissible limits of state interference in freedom of expression under the pretext of national security protection has become particularly relevant.The article analyzes the norms of international law, including the provisions of Article 19 of the International Covenant on Civil and Political Rights (ICCPR), Article 10 of the European Convention on Human Rights (ECHR), recommendations of the Council of Europe, and the positions of the OSCE, the United Nations, and leading international organizations such as ARTICLE 19 and CPJ.Special attention is given to the case law of the European Court of Human Rights, which establishes key approaches to the protection of political expression even under crisis conditions.The study presents a number of real-life examples from the Ukrainian context, such as the blocking of media outlets by decisions of the National Security and Defense Council, illegal surveillance of journalists, administrative pressure on editorial offices, and increased self-censorship under martial law.These phenomena are analyzed in terms of their compliance with the Constitution of Ukraine and international legal standards.It is determined that the existing legal protection mechanisms are insufficient or ineffective, which threatens the democratic balance of power during wartime.The author proposes a set of specific measures to maintain the balance between security needs and freedom of expression, including the harmonization of national legislation with international standards, the creation of independent institutions to monitor restrictions on freedom of speech, the enhancement of legal and physical protection for journalists, the development of digital and media literacy among the population, as well as cooperation with technology platforms to ensure transparent content blocking procedures.It is concluded that the right to freedom of expression of political views plays no less important a role during wartime than in peacetime: it serves as a safeguard against authoritarianism, an indicator of governmental legitimacy, and a foundation for the post-war democratic reconstruction of the state.Ignoring this dimension not only violates Ukraine's international obligations but also poses a threat to internal political stability in the context of national recovery.
Authors
- О. М. BALYNSKA
Publication Details
- Journal
- Law and Society
- Published
- 2025-01-01
- DOI
- https://doi.org/10.32842/2078-3736/2025.1.106
- Primary Topic
- International Law and Human Rights
- Type
- article
- Field-Weighted Citation Impact
- 0.00