Human rights are considered inalienable, howeverthe creation of conditions for their implementation may require the adoption by interested entities, to which, first of all, states belong to certain legal acts. Which of them can be considered fundamental, if we talk about international partnership with the participation of modern countries in the world? What is meant by human rights in these sources of norms?
What are the features of understanding the essence of human rights?
Before examining the various international instruments on human rights, we will study what these privileges, in accordance with the prevailing views of researchers, can be.
So, the popular point of view, according to whichthey should be understood as personality traits that reflect her freedom, and are necessary conditions for her life, participation in relationships with other people, society, and state institutions. They characterize the legal status of a person, which he has in relation to the state and uses for the realization of his needs, as well as participation in various communications within the social, economic, political and cultural spheres.
The most important property of human rights -inalienability. They should be realized at any time at the request of their carrier, regardless of his social status, political views, citizenship.
Types of human rights
If we try to classify rights, owhich are discussed using various international instruments, it can be determined that they fall into the following main categories: political, cultural, socio-economic.
Касательно политических прав:such can be represented by the human right to express freedom of speech, to unite, as well as to a meeting with the participation of other people. Cultural can be represented by the right to receive education, as well as freedom of creativity. With regard to socio-economic - among them the right to property, housing, as well as social security.
The role of the state in ensuring the realization of human rights
It is clear that a key role in creating conditionsfor the realization of these rights belongs to the state. International acts on the human right to social security and other privileges include provisions according to which the authorities of the countries of the world are responsible for the implementation of relevant policies of the development of the state. These obligations of the authorities can be prescribed at the level of national normative acts, in many cases - in the Constitution of the country. Human rights, enshrined in relevant legal acts, should be implemented on the basis of state-instituted social institutions - social, political, legal.
Таким образом, для властей страны главное — не the proclamation of following the relevant norms or that they include international acts, but the creation of conditions for the person to realize his capabilities in fact. At the same time, if this condition is really observed, then the declaration of adherence to certain provisions adopted at the level of national or international legal acts will not be required or will be of a formal nature, while the citizens of the country are sure that they can realize their own basic rights.
National and international norms in the field of human rights protection and law enforcement practice
The most important aspect of the realization of human rights- practice of applying those norms that include international acts on human rights. If a citizen of a particular state feels that his rights guaranteed by national or international law are violated, he can apply to various instances. For example, to the Commissioner for Human Rights or to the judiciary. If, at the level of government bodies operating in his country, a person can not achieve restoration of his rights, he can apply to international structures, such as, for example, the European Court of Human Rights.
Classification of international human rights norms
International instruments on human rights (general description they will be considered further in the article) include norms that are classified into the following main categories:
- principles;
- norms;
- standards.
International human rights principles
As for the former, those are most oftenbecome the fundamental principles of international law. For example, in the Statute of the UN Court there is a statement that there are principles of law that are recognized as civilized nations. The principles in question can be fixed in the most diverse sources of law. For example, in declarations, regulations, rules. It can be noted that the relevant sources of law are, as a rule, recommendatory, that is, they are not binding.
At the same time, from the point of view of internationaldialogue, is always welcomed if the relevant international instruments on the human right (for social security, for example) will find compliance in the provisions of national sources of law of those states that have participated in the development of relevant principles and their fixing at the level of certain sources of norms. A country that proclaims adherence to international principles of providing social and economic guarantees to a person, thus, will be viewed as a responsible and active international partner if it can adopt a law obliging certain state institutions to create conditions for citizens to implement the relevant social and economic rights.
Norms and standards on human rights
In turn, international norms and standards inthe parts of ensuring the protection of human rights already have, as a rule, legal force - but on condition that the sources of law in which they are secured are ratified by certain states. It can be about such normative acts as a convention, a pact, an international protocol, a treaty. In some cases, the condition for the ratification of an agreement may be the participation of the state in a specific international association. For example, if we consider such structures, then such an association can be the Council of Europe.
Expressed in different varieties of laware fixed at the level of a large number of sources of law adopted at the level of international cooperation of the modern countries of the world. Which of them can be attributed to the fundamental? Probably, these will be, first of all, international acts adopted at the level of the largest organization at the appropriate level - the UN. Let's consider the specifics of these normative sources in more detail.
International Human Rights Standards: UN Declaration
One of the fundamental acts inthe consolidation of human rights guarantees at the international level can be called the declaration of human rights, which was adopted by the UN in 1948. This document was developed and adopted taking into account the experience accumulated in various countries of the world, connected with the study of various legal relations in the humanitarian sphere, taking into account the experience of introducing such norms of law at the level of individual states.
Рассматриваемый документ является частью International Bill of Human Rights. It also includes various covenants, also adopted in the framework of international cooperation of modern states. Among those:
- An international pact establishing civil as well as political rights;
- An international pact defining social, economic, and cultural rights.
Both documents entered into force in 1976.These international acts on the right of a person and citizen to social security, access to political privileges and opportunities for cultural development were adopted in order to supplement and detail the basic UN document. At the same time, the relevant sources of law have the status of covenants, that is, they are binding on the states that have ratified the relevant rules of law. Consider their features in more detail.
International sources of norms: Covenant on political rights
The considered source of the norms has formulated specific lists of human rights, as well as the mechanisms by which they should be implemented. This pact fixes the following human rights:
- for life, liberty, security of person;
- on the human relation;
- not to be subjected to unlawful arrest;
- to move, as well as the choice of place of residence;
- to freedom of speech, religion;
- on the organization of meetings, the establishment of associations;
- to join certain organizations;
- to vote in the framework of general elections;
- to protection in case of belonging to minorities.
International sources of norms: Covenant on Economic Rights
If we consider the international acts of lawsocial security - one of the key will be, therefore, the Covenant on Social, Economic, and Cultural Rights, adopted, like the previous source of standards, at the UN level. The corresponding document includes the following list of rights:
- to self-determination;
- to work;
- to fair, as well as favorable working conditions;
- on the formation of trade unions;
- to conduct strikes;
- social security;
- to protection against family, motherhood, children;
- to an adequate standard of living, housing, food;
- To achieve the highest rates of health;
- to education - including taking into account the plan for the introduction of free education in accordance with the Covenant;
- to participate in cultural development;
- to use the results of progress in the field of science;
- to protect interests that are related to their own creativity.
Control over compliance with the obligations of countries that ratify the Covenant is carried out by a special UN Committee.
Thus, if we consider the keyinternational labor acts, the general characteristics of which allow them to be assessed very highly, from the point of view of establishing legal norms binding on modern states - the source in question can be called one of the key legal acts.
It may be noted that both Covenants, featureswhich we reviewed above, actually ratified by most countries of the world. Thus, international acts on labor and various social guarantees - if we consider the provisions adopted at the UN level, have very broad jurisdiction.
Human Rights Acts: International Jurisdiction
In addition to the sources of the norms studied by us above,There are a large number of other legal acts adopted at the international level in the framework of the regulation of legal mechanisms for the implementation by states of the protection of human rights. These include a large number of Conventions - “On the Elimination of Discrimination”, “On Countering Torture and Inhuman Treatment”, “On the Rights of the Child”, “On Protection of the Rights of Workers”.
If we consider international acts at the level of declarations, attention can be paid to the UN Declaration of Social Progress, which was adopted in 1969. It says what The main goal of social progress is to improve the material and spiritual level of a person, provided that he realizes his rights and freedoms.
There are a large number of sources of standards adopted at the level of the International Labor Organization, UNESCO and other structures formed in the process of interstate partnership. there is international human rights instruments to a decent standard of living, one of the conditions of which is the availability of opportunities for the realization of inalienable social rights.
Human Rights Acts: Regional Jurisdiction
There are various regional legal acts - for example, the African Charter of Human Rights, the American Declaration of Rights and Responsibilities, the European Convention for the Protection of Human Rights. Their jurisdiction extends mainly to states located in a particular region.
On different levels of partnership between modern states act international acts of ownership, about safety, about protecting nature.Taking into account the development of world social and political processes, the sources of norms that are in effect today can be supplemented with new ones, adjusted, improved with an emphasis on adapting to the specifics of international cooperation at various levels.
