Cherkasy Diocese of the UOC to appeal discriminatory denial of clergy deferral to the ECHR

The Cherkasy Diocese of the Ukrainian Orthodox Church has filed an administrative lawsuit against the State Service of Ukraine for Ethnopolitics and Freedom of Conscience, challenging a decision that deprived UOC clergy of the right to military deferral. The lawsuit was submitted with the support of the international human rights alliance «Church Against Xenophobia and Discrimination,» according to the Telegram channel “First Cossack».

The lawsuit states that, in the plaintiff’s view, there are no legal grounds to grant deferral rights to all religious organizations in Ukraine while simultaneously denying this right to all clergy of the UOC. The decision is described as deliberately discriminatory and in violation of Ukrainian law and international legal norms.

The diocese’s legal representatives refer to Article 14 of the European Convention on Human Rights (prohibition of discrimination), Article 6 of the Constitution of Ukraine, and Article 2 of the Law of Ukraine “On the Principles of Preventing and Combating Discrimination in Ukraine.”

In the event of delays in court proceedings or a refusal by Ukraine’s judicial system to satisfy the claim, the case is expected to be taken to the European Court of Human Rights and relevant UN human rights mechanisms.

The diocese also stated that any UOC clergyman who believes his right to deferral was violated has the option to contact the alliance’s lawyers for assistance in filing an urgent application to the ECHR.

It is also worth recalling that Metropolitan Theodosius of Cherkasy and Kaniv recently stated that despite overall pressure on the canonical Church in Ukraine, there remain courageous representatives of local authorities who do not succumb to anti-religious rhetoric.