Human rights and freedoms under martial law: focus of priorities

Abstract

The article is devoted to the theoretical and legal analysis of constitutional human rights and freedoms under martial law. The main attention is paid to the analysis of human rights, which may be limited during the war. The division of rights into absolute and relative rights is considered. It has been established that rights that cannot be limited under any conditions are absolute. The legal definition of the concept of martial law is analyzed. It was found that martial law is the main legal basis for restricting the constitutional rights and freedoms of a person and a citizen. It was noted that the grounds for introducing military service are threats to national security or the territorial integrity of the state. Mechanisms and guarantees aimed at protecting human rights under martial law are emphasized. It is noted that any restrictions on human rights must be justified, proportionate, and necessary to achieve the legitimate goals of security and protection of the state. It was noted that the establishment and provision of human rights and freedoms is the main duty of the state. Therefore, during the legal regime of martial law, the state cannot abandon its obligation to ensure human rights. Enshrining the list of rights that are not subject to restriction, even during martial law, is a constitutional guarantee of human and citizen rights. It has been proven that respect for human rights is a guarantee of state authority both at the national and international levels. The right to human life as the greatest value of the state is emphasized separately. It has been established that according to international customary law, the right to life is a fundamental human right. Attention is drawn to human dignity as an important and inalienable value. Protection of human dignity must be guaranteed both at the legislative level and at the level of public awareness. It was established that the protection of human rights under martial law is extremely difficult. Therefore, the development of mechanisms for the protection of human rights is particularly important for ensuring justice, the development of democracy and the restoration of peace in our country.