The Right to Freedom of Expression of Political Views in the Context of Armed Conflict: Current Human Rights Challenges
Journal Article: The Right to Freedom of Expression of Political Views in the Context of Armed Conflict: Current Human Rights Challenges
Journal: Law and Society
Date of Publication: January 2025
Authors: Olha Balynska and Tetiana Slinko
Olha Balinska is a prominent Doctor of Law, Professor, and academician based in Lviv, Ukraine. She is affiliated with the Lviv State University of Internal Affairs and serves as an editor-in-chief for legal publications, focusing on law, human rights, and the environment.
Tetiana Slinko is a prominent Ukrainian legal scholar, Doctor of Philosophy, and Professor in the Department of Constitutional Law of Ukraine at Yaroslav Mudryi National Law University in Kharkiv. She specializes in constitutional law, freedom of speech, and, as of 2024, serves on the commission for selecting Constitutional Court of Ukraine judges.
How to Cite: Balynska, О.; Slinko, T. (2025). The Right To Freedom of Expression of Political Views in the Context of Armed Conflict: Current Human Rights Challenges. Law and Society. 727-732. DOI:10.32842/2078-3736/2025.1.106
Abstract: The article is devoted to a comprehensive study of the right to freedom of expression of political views during armed conflict. It examines the nature of this right as one of the fundamental elements of a democratic society, defines its content, functions, international legal guarantees, and national mechanisms for its realization and limitation. Given the ongoing armed aggression against Ukraine, the issue of the permissible limits of state interference in freedom of expression under the pretext of national security protection has become particularly relevant. The article analyzes the norms of international law, including the provisions of Article 19 of the International Covenant on Civil and Political Rights (ICCPR), Article 10 of the European Convention on Human Rights (ECHR), recommendations of the Council of Europe, and the positions of the OSCE, the United Nations, and leading international organizations such as ARTICLE 19 and CPJ. Special attention is given to the case law of the European Court of Human Rights, which establishes key approaches to the protection of political expression even under crisis conditions. The study presents a number of real-life examples from the Ukrainian context, such as the blocking of media outlets by decisions of the National Security and Defense Council, illegal surveillance of journalists, administrative pressure on editorial offices, and increased self-censorship under martial law. These phenomena are analyzed in terms of their compliance with the Constitution of Ukraine and international legal standards. It is determined that the existing legal protection mechanisms are insufficient or ineffective, which threatens the democratic balance of power during wartime. The author proposes a set of specific measures to maintain the balance between security needs and freedom of expression, including the harmonization of national legislation with international standards, the creation of independent institutions to monitor restrictions on freedom of speech, the enhancement of legal and physical protection for journalists, the development of digital and media literacy among the population, as well as cooperation with technology platforms to ensure transparent content blocking procedures. It is concluded that the right to freedom of expression of political views plays no less important a role during wartime than in peacetime: it serves as a safeguard against authoritarianism, an indicator of governmental legitimacy, and a foundation for the post-war democratic reconstruction of the state. Ignoring this dimension not only violates Ukraine’s international obligations but also poses a threat to internal political stability in the context of national recovery.
ISSE Comment: This article is included on the ISSE website because it examines the treatment of fundamental rights within the broader context of armed conflict and emergency governance. Although it does not focus on the formal exercise of emergency powers, it provides a detailed analysis of how freedom of political expression is regulated, limited, and justified during periods of heightened security concern, and in this instance, under martial law. The study contributes to ISSE’s research agenda by illuminating how international legal standards, domestic legal frameworks, and institutional practices interact under crisis conditions, offering valuable insight into the protection of democratic rights during and beyond emergencies.
A PDF version of this article is available here.
