Human Rights Ombudsman Agenda: People with Disabilities and Environmental Rights
On November 15, George Sandul, Labor Initiatives’ legal director, co-chaired the Social and Economic Expert Council quarterly meeting, which functions under the Human Rights Ombudsman of Ukraine. The Council members discussed two important issues – (1) timely social benefits to people with disabilities due to occupational injuries and workplace accidents, and (2) access to justice in environmental cases—both issues with significant wartime complications that need to be navigated and solved.
The war has significantly impacted the number of workers with disabilities. According to the latest official statistics, from February 24, 2022, to January 1, 2024, 1,212 workers were injured from accidents at work as a result of military (combat) actions, of which 413 died. Workers who apply to the LI legal clinic, often report challenges receiving their disability status, complexity in navigating which authority to apply for, and delays in social payments.
Following the liquidation of the Social Insurance Fund of Ukraine at the end of 2022 and its merger with the Pension Fund, many workers with occupational disabilities cannot receive their payments due to bureaucratic barriers and confusion, in violation of the Constitution of Ukraine and several special laws.
The government’s stated aim was to save money on administrative costs, launch more efficient payment schedules, and increase expenditure oversight. However, due to the lengthy bureaucratic transfer of powers from one agency to another and delays in developing relevant administrative rules, workers continue to suffer from delays/non-payments of various social benefits and complicated procedures for requesting them. The Human Rights Ombuds representative stated that this problem will be highlighted in the Annual Ombudsman Report, and letters with recommendations will be sent to the relevant decision-making bodies.
In addition, the Council members continued consideration of Ukraine’s environmental security and civil society’s role in monitoring and securing human rights, again issues heavily impacted by the war, started during the previous Council meeting. These issues will be incorporated into the Special Ombudsman Report on the observance of citizens’ rights to clean and accessible water under martial law. In his contribution, George stressed that the labor movement, as an integral part of civil society in Ukraine, may play a major role in securing workers’ environmental rights and the transition process, which is especially relevant during Ukraine’s post-war recovery.
