Transposing Council of Europe Human Rights Standards: Ukraine’s Incorporation into Constitutional Law...

Transposing Council of Europe Human Rights Standards: Ukraine’s Incorporation into Constitutional Law Compared with French Practice

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On December, 18, 2020, the penultimate lecture of the All-Ukrainian scientific-educational training in law took place. Dr Natalia Mishyna, Doctor of Law and Professor at the Constitutional Law Department of the Odessa National University of Law, gave an insightful and compelling presentation.

Dr Mishyna’s scholarly interests are broad and include human rights, municipal law and decentralisation, and the principles of constitutionalism. Her work spans both national contexts, including Ukraine, the UK, the US and France, and the standards and documents of the Council of Europe. In addition, Dr Mishyna is dedicated to exploring interactive methods for training lawyers in Ukraine, in line with her role at a law university.

The presentation, entitled “Transposing Council of Europe Human Rights Standards: Ukraine’s Incorporation into Constitutional Law Compared with French Practice”, focused on how Ukraine has incorporated European human rights standards into its constitutional framework and compared these efforts with French practice. Dr Mishyna explained the legal foundations of human rights in Ukraine, detailing the laws that enshrine the rights and duties of citizens. She highlighted Ukraine’s commitment to integrating European standards, in particular by adopting the principles enshrined in the European Convention on Human Rights.

Dr Mishyna also addressed the practical aspects of how human rights are upheld within the Ukrainian domestic legal system. This included the role of constitutional amendments, judicial practice and the influence of European Court of Human Rights (ECHR) judgments on domestic law. It provided a comparative analysis with France, discussing how both countries have addressed the challenges and successes of incorporating European human rights standards into their respective legal frameworks.

Participants gained a thorough understanding of the similarities and differences between Ukraine and France in terms of human rights implementation. Dr Mishyna emphasised the importance of these standards in ensuring the protection and promotion of human rights, as well as the ongoing efforts to align national legislation with the Council of Europe’s documents.

The presentation was comprehensive and well-structured, providing participants with valuable insights into the practical and legal intricacies of human rights implementation in Ukraine and France.

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