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Ukraine’s Ban on St. George’s Ribbon Deemed Lawful by European Court

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Ukraine’s Ban on St. George’s Ribbon Deemed Lawful by European Court
Individuals in Donetsk carry portraits of their ancestors and participants in World War II alongside a ribbon of St George, 9 May 2015. (Source: Wikipedia)

The European Court of Human Rights (ECHR) has deemed Ukraine's ban on the St. George's Ribbon lawful in its ruling on the case Borzych v. Ukraine.

The case concerned the public ban on wearing the St. George’s ribbon in Ukraine, which came into effect in 2016.

This was reported by European Pravda with reference to the court's decision

The plaintiff, Yuriy Borzykh, a Ukrainian national and former military serviceman of ethnic Russian heritage residing in Kyiv, sought to wear the ribbon on May 9, a day commemorating the Soviet Union’s victory over Nazi Germany.

The complaint was submitted to the European Court of Human Rights on November 17, 2017. Borzykh argued that the ban on wearing the St. George’s ribbon in public spaces was discriminatory.

“The Court noted the changed significance of the St. George’s ribbon in the context of the ongoing armed conflict with Russia and concluded that while Ukraine’s ban restricted freedom of expression, it fell within the margin of discretion afforded to the state," the ECHR ruling stated.

According to the Court, Borzykh’s case represented an interference with his right to freedom of expression. When assessing whether the interference was justified and, in particular, necessary in a democratic society, the Court considered the context in which the ban on the St. George’s ribbon was implemented.

"The Court sees no reason to question the Ukrainian government's efforts to address the challenges posed by the armed conflict. It also noted that the ban on the St. George’s ribbon was not an absolute prohibition, with several exceptions allowing its lawful use, such as when it served as an original state or military award issued before 1991," the ECHR explained.

The St. George ribbon, featuring two orange and three black parallel stripes, has historically been a symbol of military honors, particularly associated with the Soviet era. In Ukraine, the ribbon was traditionally worn by veterans and their families, either as part of official honors or as a standalone symbol.

However, following Russia’s annexation of Crimea and the onset of hostilities in eastern Ukraine in 2014, Ukraine adopted the red poppy as a symbol of remembrance for war casualties.

In 2015, the Ukrainian Parliament enacted a law condemning the “communist and Nazi regimes” and banning the promotion of their symbols. This legislation was reinforced in 2017 with amendments to the Code of Administrative Offences, making the production, use, and promotion of the St. George ribbon an administrative violation.

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