SOCIO-LEGAL ASPECTS OF ENSURING HUMAN RIGHTS UNDER MARTIAL LAW

Abstract

Introduction. Martial law conditions necessitate a reconsideration of the mechanisms for ensuring human rights, since it is precisely in times of crisis that the state must simultaneously guarantee national security, public order, and respect for fundamental rights and freedoms. Martial law, as a special legal regime, permits the temporary restriction of certain rights; however, such restrictions must comply with the principles of legality, proportionality, necessity, and non-discrimination. The socio-legal aspects of this issue encompass not only the normative regulation of the limits of permissible restrictions, but also practical matters of social protection of the population, ensuring access to justice, safeguarding the rights of internally displaced persons, military personnel, children, persons with disabilities, and other vulnerable groups. Purpose and objectives of the article. The purpose of the study is to provide a comprehensive examination of the socio-legal aspects of ensuring human rights under martial law, to clarify the specific features of the implementation of constitutional rights and freedoms under a special legal regime, and to identify the key directions for improving the mechanisms of their legal and social protection. Particular attention is focused on determining the correlation between the public interests of the state and the need to preserve an adequate level of human rights guarantees during a period of armed aggression. Scientific novelty. The scientific novelty of the study lies in the generalization of socio-legal approaches to ensuring human rights under martial law through the combination of constitutional-legal, international-legal, and social dimensions of analysis. It is substantiated that the effectiveness of human rights protection under martial law depends not only on the quality of regulatory and legal framework, but also on the state’s ability to provide effective social support mechanisms for the population, respond promptly to violations of rights, ensure institutional coordination, and maintain accessibility of legal aid. Results. The study has established that ensuring human rights under martial law is a complex multi-level process that requires balancing the security interests of the state with the preservation of democratic legal standards. It has been proven that legal restrictions under martial law may be justified only if they are clearly defined normatively, limited in time, and consistent with the state’s international obligations. At the same time, effective human rights protection is impossible without proper social security provision, support for vulnerable population groups, functioning mechanisms of legal protection, and control over the activities of public authorities.