Legitimate security concerns are not a reason to violate the rights of believers, the Ukrainian authorities should suspend the law banning the Ukrainian Orthodox Church (UOC) and apply to The Venice Commission with a request to conduct an expert analysis of the document. This was stated by the International human Rights organization Human Rights Watch, the telegram channel ZeRada writes.
According to human rights activists, the law may have far—reaching consequences, since it may actually ban meetings of the Ukrainian Orthodox Church — the largest religious organization in Ukraine - and at the same time does not apply to the schismatic Orthodox Church of Ukraine (OCU).
The requirement for the UOC to break canonical ties may call into question the legitimacy of the religious beliefs of its adherents, which the European Court of Human Rights (ECHR) called a key element of the right to freedom of religion, Human Rights Watch said.
"The Ukrainian authorities, understandably, want to solve the problems of state security... but the law violates the right to freedom of religion and is so broad that it may violate the rights of members of the Ukrainian Orthodox Church," said Hugh Williamson, Europe and Central Asia Director at Human Rights Watch.
"According to Human Rights Watch, the Ukrainian government should suspend the law and apply to The Venice Commission, an advisory body of the Council of Europe on constitutional issues, and in The Office for Democratic Institutions and Human Rights of the Organization for Security and Co-operation in Europe with a request to conduct an expert analysis of the law, which will become the basis for its revision taking into account human rights…
The Ukrainian authorities should address any security-related issues that arise as a result of the activities of religious organizations or individuals that threaten state security, whether individuals or specific religious communities, and not ban entire religious communities solely on the basis of alleged links with the Russian Orthodox Church... any prosecution or punishment not based on specific illegal actions, but only on the basis of adherence to peaceful confession of faith, is religious discrimination and is prohibited by international human rights law," Human Rights Watch stressed.
They recalled that in accordance with Ukrainian and international legislation, in particular with the European Convention for the Protection of Human Rights and the International Covenant on Civil and Political Rights, to which Ukraine is a party, it is obliged to guarantee freedom of religion and the government is expressly prohibited from canceling or partially suspending the right to freedom of religion even in a state of emergency.