The prohibition of the Russian Orthodox Church in Ukraine: Emergency and human rights

dc.contributor.authorHalieiev, Yaroslav
dc.date.accessioned2024-07-16T09:30:43Z
dc.date.available2024-07-16T09:30:43Z
dc.date.issued2023
dc.description.abstractThis article aims to determine the evolution of the national security clause as a legal ground for the dissolution of religious organisations, in particular, the Russian Orthodox Church in Ukraine (ROCU) in Ukraine. The assessment is conducted through the prism of Art. 9 and Art.11 of the ECHR and purports to establish the conformity of the Ukrainian legislature with the ECHR. Apart from that, the article elaborates on the interplay between emergency law, martial law, and legislative amendments concerning the status of the Church. I argue that the ROCU matter has been securitised in two stages. Firstly, during the presidency of the fifth President of Ukraine, in 2018-2019, when the Ukrainian independent church was created under “national identity” and “national security” slogans. Later, in the aftermath of the Russian invasion of Ukraine in 2022 when, a spark of investigations showing collaboration between some representatives of the ROCU and Russia led to the weaponisation of the ROCU. Consequently, the national legislature has been amended to reflect on these issues. I submit that the Russian invasion of Ukraine in 2022 allowed the introduction of martial law as an emergency regime, under which Ukraine was able to derogate from major human rights instruments, including ECHR. Derogations allowed Ukraine to expand its margin of appreciation. However, the ECHR can exercise post-factum control on the measures taken in times of emergency. I believe that prohibiting the ROCU’s activities by legislative act will result in grave interference under the ECHR. Additionally, such a prohibition can fail to meet the requirements of the proportionality test, considering the current Ukrainian legislature. Also, the legislative changes raise the matter of attribution between the representatives of the ROCU and the ROCU as a religious organisation.
dc.description.sponsorshipEuropean Commission - Operating grant - Neighbourhood, Development and International Cooperation Instrument - Global Europe Instrument (NDICI)
dc.identifier.citationYaroslav Halieiev. “The prohibition of the Russian Orthodox Church in Ukraine: Emergency and human rights.” (2023) 7 Global Campus Human Rights Journal 91-110 http://doi.org/10.25330/2660
dc.identifier.urihttps://repository.gchumanrights.org/handle/20.500.11825/2743
dc.identifier.urihttp://dx.doi.org/10.25330/2660
dc.language.isoen
dc.relation.ispartofseriesGlobal Campus Human Rights Journal; 7.2
dc.subjectfreedom of religion
dc.subjectnational security
dc.subjectUkraine
dc.subjectemergency
dc.subjectRussian Orthodox Church in Ukraine
dc.subjecthuman rights
dc.subjectEuropean Convention on Human Rights - Article 9
dc.subjectEuropean Convention on Human Rights - Article 11
dc.subjectmartial law
dc.titleThe prohibition of the Russian Orthodox Church in Ukraine: Emergency and human rights
dc.typeArticle
dspace.entity.type

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