Expert: Law 8371 – reason for Ukraine to pay billions in claims to ECHR
Former representative of the Ukrainian Ombudsman noted that the U.S. State Department has observed systematic violations of believers' rights in the country.
Mykhailo Chaplyha, former representative of the Ukrainian Ombudsman, stated that as a result of the adoption of anti-church Law 8371, believers whose rights are systematically violated can appeal to the European Court of Human Rights (ECHR) and win cases there.
"The state, due to the political folly of the deputies, will have to either amend or repeal the Law and pay a lot of money to those whose rights are systematically violated," he wrote.
The expert listed the provisions that the legislative initiative contradicts:
- It contradicts Articles 2, 17, 18, and 20 of the Universal Declaration of Human Rights, which, after ratification, is an integral part of Ukraine's legal framework;
- It contradicts Articles 18 and 22 of the International Covenant on Civil and Political Rights;
- It directly contradicts Article 9 of the European Convention on Human Rights;
- It also contradicts the UN Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion or Belief.
"The practice of the ECHR shows that the issue of religious freedoms is very 'vulnerable' – i.e., 'sensitive', and in almost 100 out of 100 cases, the ECHR sides with the applicant. And since the violation is systematic based on the Law, the complaint procedure is as simple and swift," noted Chaplyha.
The former representative of the Ukrainian Ombudsman also stated that the U.S. State Department report noted violations of freedom of conscience and religion in Ukraine, and he reminded that several politicians in the U.S. Congress are already openly calling for sanctions against Ukraine if such a bill is passed.
"It seems that someone really wants to open a second front against Ukraine during the war... an internal one. And to sow discord and aggression... Poroshenko, as usual, has started to pedal this topic..." concluded Chaplyha.
As reported by the UOJ, the U.S. State Department's report on violations of religious freedom cites specific instances of pressure from the Ukrainian authorities on UOC believers.
