Ms. Valeriya Lutkovska applied to the Prime minister of Ukraine with submission of protection of the rights of the persons who remained to live in a zone of the anti-terrorist operation

11/12/2014 00:15

In submission numerous applies to the Commissioner for Human Rights from elderly people, pensioners, persons with disability and other socially unprotected categories of citizens of Ukraine are noted, who, because of physical or financial position, have no opportunity to leave uncontrollable by Ukraine of territories of Donetsk and Lugansk regions, concerning protection of their constitutional rights in the mentioned conditions.

"Monitoring of an issue of large-scale resettlement of people from the East on the safe territory of Ukraine demonstrated existence of vital issues regarding providing by public authorities and local government with evacuation of citizens and granting premises to them, suitable for accommodation, especially during the winter period of year, providing with things of daily necessity. The vast majority of internally displaced persons  look for asylum independently and solve the problems connected with moving with assistance of volunteer organizations", – it is said in submission.

Considering inability of the state to provide evacuation, this category of the population in general remains without any means of livelihood that can lead to violation by the state of the right for life guaranteed by the article 27 of the Constitution of Ukraine and article 2 of the Convention on protection of human rights and fundamental freedoms.

"Sharing a position of the President and the Government of Ukraine concerning necessity of adoption of priority measures for overcoming of a difficult situation in Donetsk and Lugansk regions, I draw your attention that the stop of payments for the listed socially unprotected categories of citizens of Ukraine in case of rejection by the state of appropriate compensatory measures for ensuring the compelled moving of these persons on the controlled territory of Ukraine, will lead also to violation of the rights guaranteed by articles 3 (a ban of tortures), 8 (the right for respect of private and family life) of the Convention on protection of human rights and fundamental freedoms and article 1 (protection of the property right) of the First protocol to the Convention", – Ms. Valeriya Lutkovska notes in submission.

According to the Commissioner, system of compensatory measures has to include measures for evacuation of people and moving in the premises suitable for continuous accommodation, including in the winter period, providing with the social aid for overcoming problems connected with moving, a possibility of employment and social integration of internally displaced persons", – it is said, in particular, in submission.

Due to such circumstances, the Commissioner applied to the Prime minister of Ukraine to undertake measures of organizational, financial and standard and legal character for ensuring realization of constitutional rights of socially unprotected categories of citizens of Ukraine who owing to old age, physical defects, financial position have no opportunity to leave territories of Donetsk and Lugansk regions where public authorities temporarily don't carry out or carry out not in full their powers.