Globalization and problems of human rights and freedoms. The interdependence of the processes of globalization and the protection of human rights. Modern Humanitarian Academy
The globalization processes taking place in the modern world have had a significant impact on the human rights regime established in the middle of the 20th century. the adoption of the UN Charter and the International Bill of Human Rights. End XX - early XXI v. characterized by the creation of a number of international structures in the field of human rights, which assume supranational functions, making decisions that are binding on states parties to international treaties, sometimes even in cases where they do not agree with them. This limits the sovereignty of states and narrows the boundaries of their internal jurisdiction.
Human rights enshrined in the Universal Declaration, in the International Covenants on Human Rights and in a number of other international instruments are gaining universal recognition and becoming norms that have the character jus cogens.
In international relations, it is recognized that all rights are interrelated, indivisible and interdependent. However, this does not contradict the fact that in the globalizing world the attitude towards the issue of equality of all rights and freedoms is changing. If earlier the equality of rights and freedoms was recognized, now the emphasis is placed on their certain hierarchy. The UN Charter did not enshrine the list of human rights and freedoms. They were later enshrined in the Universal Declaration of Human Rights, in the International Covenants on Human Rights and in other international documents. Among them, one should single out rights that have a universal or absolute character: they cannot not only be abolished, but also limited, that is, they must be respected under any circumstances.
International treaties make it possible to establish a certain hierarchy among fundamental rights and freedoms. The UN Charter proclaimed the principle of equality and self-determination of peoples (paragraph 2 of article 1) and the principle of respect for human rights and fundamental freedoms without distinction of race, sex, language and religion (paragraph 3 of article 1). These principles, later developed in international human rights covenants and other international treaties, are binding and universal. According to the Charter
The UN in the event that obligations under it conflict with the obligations of states under any international treaty, the obligations under the UN Charter prevail (Article 103). At the same time, even states that are not members of the UN are obliged to act in accordance with the principles enshrined in the UN Charter (paragraph 6 of Article 2).
According to the International Covenant on Civil and Political Rights, universal or absolute rights have rights that must be observed in all circumstances, even when “the life of the nation is under threat” (paragraph 1 of article 4). The Covenant includes among such rights: the right to life; prohibition to subject anyone to torture or cruel and inhuman treatment or punishment; the prohibition of slavery and servitude; prohibition of imprisonment for non-fulfillment of a contractual obligation; the prohibition of the conviction of anyone in the commission of a criminal offense, which, according to the legislation in force at the time of its commission, was not such; recognition for each person of his legal personality; the right to freedom of thought, conscience and religion. The norms prohibiting the violation of a number of fundamental human rights and freedoms in time of war or other state of emergency are also contained in regional treaties (Art. 15 ECHR, Art. 27 American Convention on Human Rights, etc.).
Finally, the universal or absolute rights should include those of them, the violation of which is recognized as an international crime and in respect of which states are obliged to adopt national laws establishing the criminal responsibility of individuals. The criminal nature of violations of fundamental human rights is enshrined in Art. 6 and 5 of the statutes of the Nuremberg and Tokyo International Military Tribunals, in the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, in the International Convention on the Suppression and Punishment of the Crime of Apartheid 1973, in the Geneva Conventions for the Protection of War Victims of 1949. and in Additional protocols to them, the Rome Statute of the ICC 1998.
Not only are some civil and political rights fundamental, but also a number of economic, social and cultural rights. The Committee on Economic, Social and Cultural Rights distinguishes from this category those rights that are of primary character and are of “particular importance”: the right to food essential for life, basic health care, housing and primary education. This category of rights is
jus cogens and acts like erga omnes. Their volume and number in the globalizing world is constantly expanding. At the same time, it is especially important that the majority of states recognize the priority of international law over national laws and thereby undertake the obligation to respect the fundamental rights and freedoms that must be ensured everywhere.
Trends in the development of the modern world testify to the ever-increasing influence of international law on domestic law. These tendencies are especially clearly manifested, as noted above, in the international regulation of human rights. In recent years, there has been increasing recognition of the provision that human rights do not fall exclusively within the internal jurisdiction of states. We are talking not only about massive and gross violations of human rights of a systematic nature, but also about individual attacks on individual rights.
The importance of international legal regulation of human rights is increasing due to the consideration of issues that were previously included in the internal jurisdiction of states. The primacy of domestic law is being replaced by the rule of international law; the number of new international human rights treaties is increasing and their norms are being incorporated into domestic law. This process began to be clearly traced after the adoption of the UN Charter and the Universal Declaration of Human Rights. During that period, states created the norms of international law in such a way that they were compatible with their domestic law. At present, states accept many international agreements that are far from fully consistent with their national legislation. Therefore, they are more and more often forced to bring their domestic law in line with new international norms. In this regard, it suffices to refer to the Rome Statute of the ICC, documents adopted by the EU, CoE, OSCE, as well as the ILO and WTO. The process of "invasion" of international law into the internal jurisdiction of states leads in fact to their "intertwining" and "splicing". At the same time, there is an increasing recognition by states of the primacy of international law.
In the context of globalization, states voluntarily renounce some of their sovereign rights and transfer some of them to international bodies. Currently, the strengthening of the sovereignty of the individual is taking place. State sovereignty can no longer serve as a license to violate human rights. The widely applied principles and norms of international law prevail over the sovereignty of states and national laws. Even in cases of isolated violations of human rights, sovereignty does not apply in in full and if there are massive and gross violations of these rights, state officials guilty of their criminal commission are criminally liable under international norms.
The prevention of criminal violations of human rights is the responsibility of both the state and the international community as a whole. Introduced by Heads of State and Government at the 2005 World Summit, the concept of "The Responsibility of States and the International Community to Protect Human Rights" consists of four interrelated elements:
- 1) the duty of states to protect their populations from criminal violations of human rights;
- 2) the duty of the international community to prevent criminal violations of human rights;
- 3) the obligation of the international community to suppress criminal violations of human rights;
- 4) the obligation of the international community to take measures for post-conflict peacebuilding.
Currently, the principle of respect for human rights obliges states not only to respect and protect individual rights, but also to take measures together with the international community to suppress their criminal violations.
Increasing importance international regulation individual rights does not mean that the role of the state in the protection of human rights has receded into the background. In the context of globalization, it becomes much more complex. In addition to its classical functions in the field of protecting fundamental human rights and freedoms, the rule of law, improving the level of health care and education, the state should take on increasing responsibility for ensuring equality, justice, eliminating poverty and poverty, ensuring a healthy environment and many other spheres of domestic relations. ...
Global processes will inevitably lead to an equalization of the level of development of many countries, the adoption and progressive development of many norms and principles in the field of human rights. International law will increasingly reflect the interests of the international community as a whole. In this process, the priority will be the protection of human rights and freedoms.
- See: Evans G. The Responsibility to Protect. Washington, 2008.
S. Babenko, Senior Assistant of the Rostov Transport Prosecutor of the Southern Transport Prosecutor's Office.
In the context of globalization, among the trends in the development of human rights, their internationalization stands out, which outwardly manifested itself primarily in the fact that the UN member states officially recognized and documented the importance and value of human rights not only at the national but also at the international level.
This is evidenced by such international legal documents as the Universal Declaration of Human Rights of 1948, proclaimed by the UN General Assembly as a task to which all peoples and all states should strive so that every person and every organ of society, constantly having in view of the Declaration, endeavored, through education and education, to promote respect for the rights and freedoms contained in the Declaration, and their full provision and implementation both among the peoples of the member states of the Organization and among the peoples of the territories under their jurisdiction; The 1960 Declaration on the Granting of Independence to Colonial Countries and Peoples, which proclaimed that the subordination of peoples to foreign yoke and domination and their exploitation are a denial of fundamental human rights, contradict the UN Charter and hinder the development of cooperation and the establishment of peace throughout the world; International Convention on the Suppression and Punishment of the Crime of Apartheid, 1973, which obliged the States parties to the Convention to take any measures, legislative or otherwise, necessary to suppress, as well as prevent any promotion of the crime of apartheid and punish the perpetrators of this crime.
Taking into account state of the art Russian legislation generally recognized principles and norms of international law are in fact not subject to application in criminal proceedings due to their uncertainty. Only international treaties of Russia that have been ratified and officially published for general information are subject to direct application in criminal proceedings. In this regard, it seems appropriate to introduce amendments to the RF Criminal Procedure Code, which would concretize the constitutional provision on the generally recognized principles and norms of international law.
The first attempt to formulate general rules for the application by courts of international law in specific cases was made by the Plenum of the Supreme Court of the Russian Federation, in whose Resolution No. 5 dated October 10, 2003 "On the application of general jurisdiction generally recognized principles and norms of international law and international treaties of the Russian Federation "it is stated that the incorrect application by the court of the generally recognized principles and norms of international law may also be the basis for the cancellation or amendment of the judicial act. applied the norm of international law, subject to application, or, on the contrary, the court applied the norm of international law that was not applicable, or when the court gave an incorrect interpretation of the norm of international law. "and does not answer the questions of practice.
It is obvious that in order to form an effective mechanism for the application of European standards in the field of human rights in the Russian criminal process, it is necessary to adopt a special federal law, the main content of which could be provisions on the procedure for the interpretation of so-called convention rights in order to formally establish conformity or non-conformity Russian laws the provisions of the European Convention.
Another tendency characteristic of Russian legal policy, which has an institution of amnesty and pardon in its arsenal, is the humanization of legislation. Contradictory opinions are expressed about this institution, since when amnesty acts are often applied in the country, this creates in the public consciousness, especially among potential offenders, a sense of permissiveness and impunity for what they have done. It should also be remembered that we are dealing with mercy, carried out mainly at the expense of the victims of crime, and not at the expense of the transgressors.
A clearly expressed tendency towards humanization, which is based on "European standards", has the exclusion of the norms of criminal legislation, which provided for the confiscation of property as a sanction under certain articles of the Special Part of the Criminal Code. The main argument of the supporters of excluding the confiscation of property from the number of punishments was the fact that this type of punishment does not exist in many "developed" countries, therefore, it should not exist in Russian system punishments.
But the mechanical transfer to Russian soil of the approaches of other legal systems to the solution of certain issues is harmful. And the approach of the world community to the confiscation of property is not so unambiguous. For example, the refusal to confiscate property is inconsistent with the International Convention for the Suppression of the Financing of Terrorism (New York, December 9, 1999). In this connection, the refusal of the confiscation of property for the Russian criminal policy as a criminal punishment due to the colossal differences between European and Russian realities seems premature.
The hasty, insufficiently thought-out reform of entire legislative institutions in a Western manner also causes bewilderment. An example is the special procedure for making judgment if the accused agrees with the charge brought against him (Chapter 40 of the Criminal Procedure Code) - a widespread institution abroad, known as a plea bargain. The legislator is not consistently but rather persistently introducing institutions or individual norms of the Anglo-Saxon system of law into Russian criminal procedural legislation, while crime in our country is growing.
An analysis of the judicial and prosecutorial practice shows that the Russian criminal policy it is distinguished by its humanity to a greater extent in relation to the perpetrators of violence, and does not prevent this violence, does not protect the rights of victims. The principle of humanism should not dominate over other principles of criminal law, first of all, over the principle of justice (Article 6 of the Criminal Code). The tendency to humanize Russian legislation should not contradict the concept of priority protection of human rights and freedoms (Art. 2 of the Criminal Code).
Thus, in January 2007 in the Rostov region an increase in the number of detected crimes by 19.8% was registered, which is 7639 against 6377 for the same period in 2006. The number of grave and especially grave crimes increased by 3.4%. The number of reported rapes increased by 60%. During the specified period, the crime detection rate decreased from 64.9% to 63.5%. At the same time, it should be noted that there is an emerging tendency of decreasing from 71.8% in January 2006 to 71.5% in the same period of 2007 in the rate of detection of grave and especially grave crimes.
Thus, the legislator's blind orientation towards European standards ultimately weakens the protection of the interests of the individual, society and the state, thereby undermining the authority of state power. This once again forces us to return to the issue of revising the fundamental provisions in the criminal law policy of Russia, which should not be about condescension on the part of the state, but about the adequacy of punishment for the crime committed.
The tendency to liberalize Russian legislation finds its direct expression in the Constitution of the Russian Federation, the norms of which, pointing to the clear dominance of the rights of citizens over their duties, indicate a tendency for the prevalence of rights. So, it only fixes the need to comply with the Constitution and laws, take care of children and their upbringing, pay taxes, preserve nature and the environment, take care of natural resources, historical and cultural heritage, carry out military service and defend the Fatherland (Articles 15, 38, 43, 44, 57 - 59). In ch. 2 "Rights and freedoms of man and citizen" of the Constitution, only seven articles are devoted to the duties of citizens. Meanwhile, in practice, duties invisibly "accompany" all rights, corresponding to them in the corresponding legal relationship, ie. in the process of implementation. Otherwise, the rights can turn into an "empty phrase". After all, responsibilities are a way of securing rights.
There should be no sharp divergences and inconsistencies between these two poles. Since the natural rights of a person imply his equally natural duties, these two principles are designed to interact and balance each other.
The next trend in the development of human rights should include the trend of expanding international control over the observance of human rights with the help of the judiciary, as well as non-state bodies and organizations. Institutionally, the European Court of Human Rights and the UN Human Rights Committee are not interconnected and act autonomously, independently of each other. However, in functional terms, in terms of solving homogeneous tasks and performing similar (control) functions, they can be considered as integral parts unified system international control over the observance of human rights.
In the context of globalization, the state as such began to lose its position as a monopoly defender of human rights. The solution of human rights tasks went beyond the exclusive competence of one state.
Quite justified is the statement about the manifestation of a tendency for the growing gap between the theory and practice of human rights observance. It is generally recognized that the range of human rights and freedoms from the moment of their appearance and up to the present day is constantly expanding and replenishing with more and more of their types and varieties, most of which are officially recognized and legislatively enshrined.
However, this is only one, formal aspect of the phenomenon called human rights. It is very important, among other things, for a clearer fixation and statement of progress in the development of human rights. But the more important is the qualitative, not the formal, but the real side, the essence of which lies not in the formal legal proclamation of human rights, but in their life, actual embodiment.
The most important task is to return to abstract, formal constitutional provisions their true meaning - the "working" values of our time, to make them an obligatory part of everyday social practice.
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In the modern world, the process of universalization, integration, and globalization is developing more and more noticeably. This term, which has recently become popular, denotes a wide range of social processes developing in the direction of interdependence, interpenetration and interdependence of the most diverse components of the world community, the result of which is the integrity of human existence, or the existence of humanity as a whole.
Supporters of globalization value it for the possibility of establishing and affirming universal human values, while their opponents reject it, seeing in it the expansion of Western values, new imperialism and neo-colonialism.
The desire to unite mankind is most likely explained by the fact that the logical pinnacle of self-awareness, self-development of society is its unification into a single community. In this light, the cooperation of peoples, countries, people throughout history has shown more positive results than strife, strife, wars, autarchy and closeness. Therefore, the wisest and most progressive people have always appreciated the unity of peoples and condemned the hostility of people to each other.
The idea of a united Europe is not at all the current idea, as many believe. She was born many centuries ago ...
In a poetic form, the idea of integration was expressed by the humanist as a time when all peoples, having forgotten their strife, will merge into a single family. But it is much more difficult for the mass consciousness to perceive an advanced idea, which is often frightening and alarming for its novelty and unfamiliarity. This state is best demonstrated by opponents of economic globalization, who are most active on the days of meetings of heads of state and throw eggs and various vegetables at them.
There is certainly common sense in their slogans and criticism. Like any social phenomenon, globalization of the economy is relevant and has its negative sides. But again, like any social phenomenon, globalization should be considered comprehensively, from the point of view of the main trend, and then it will be possible to make sure that the effectiveness of combining the efforts of various factors in achieving goals always exceeds the effectiveness of the activities of individual subjects. At the same time, you have to put up with some negative consequences integration for many positive benefits!
The objective necessity of globalization looks even brighter on the problem environmental safety... Chemical toxic substances or nuclear waste buried in the world's oceans threaten all mankind, all living things on earth.
The other side of the characterization of globalization is that these problems can only be tackled together. No single state is obliged to do this less than others. But most importantly, no single state is capable of solving such problems on its own because of their complexity and high cost. Thus, humanity is able to solve global problems only by joint efforts.
We can see the beginnings of globalization in the creation of the European Union (EU), NATO, the Council of Europe and many other unifying tendencies aimed at fulfilling the common tasks of a certain community of peoples and states.
An interdisciplinary phenomenon that has recently affected one and all, is reflected in all public processes, brings together or separates political ideologies and becomes a litmus test of the regime of government, and can be governed only with the participation of the world community, are human rights and civil liberties.
The most important achievement of the world community, the humane part of mankind, was the understanding that the state of human rights in a particular state cannot be considered its internal affair. Of course, human rights violations occur on the territory of a particular state and most often with citizens of that country. But it cannot be so that citizens themselves want to lose their right to life, to inviolability, it cannot be that they voluntarily renounce freedom.
And if so, it means that where the rights and freedoms of citizens are violated, power is usurped by a tyrant, despot. The source of power - the people, turns out to be alienated from the management of the state, and they are governed in an undemocratic way. It means that in this country it is necessary to restore popular sovereignty, to achieve the observance of human rights, and the people are not able to do this because of the usurpation of power. It turns out a vicious circle.
If the world community agreed that this is an internal affair of a given state, then this people would suffer from the violation of their rights for an infinitely long time. Progressive and democratic forces cannot fail to see that human rights and civil liberties are being violated somewhere, and therefore they stand up for human rights, wherever they are violated.
Or take the problem of refugees, which can arise as a result of man-made disasters, weather conditions, but is most often observed as a result of civil wars, ethnic strife, genocide and political persecution. No one will run away from the good. They flee, alas, from unfavorable, improper management. But these unfortunate people can only be saved in neighboring states. How should the leadership of a state, whose borders are besieged by refugees, behave? I do not view the options of border closures or forcible expulsion of refugees as inhumane or unacceptable. With the acceptance of refugees, the number of problems this state has is increasing incredibly. People need to be accommodated and given a roof over their heads, they need to dress, feed, provide medical care... It is necessary to ensure the legal order, because not only law-abiding citizens arrive with refugees, but also criminals in hiding. And all this becomes a heavy burden even for prosperous states. But for some reason there are always fewer such people. Thus, refugees are turning into an acute political, social, economic, legal, cultural and medical problem. And to solve it by the host state alone becomes an insoluble problem. Obviously, the search for a political solution to the problems of refugees is possible only with the participation of the world community, the provision of humanitarian assistance, assistance and cooperation in their fate clearly shows the globalization of refugee rights. The right to asylum can also only be ensured through joint efforts.
The assistance of the world community can stop genocide, torture and torture, persecution of dissidents and any other form of violation of human rights and civil liberties. And this is an unconditional blessing for citizens of a non-legal, closed, authoritarian state, before which the principle of non-interference should retreat.
The great Voltaire, the first human rights defender of the earth, who sent hundreds of letters, appeals, protests in defense of justice, humanism and freedom, intuitively guessed about this back in the 18th century. He wrote to kings, kings, emperors, and these nobles retreated before the arguments of prudence and philanthropy.
In favor of the globalization of human rights, one can cite the facts of mass hunger and infant mortality, the spread of AIDS and other contagious diseases, environmental disasters and many others, when the trouble can be averted only with the participation of the world community and other states. And here globalization is the greatest blessing. Of course, by hypocrisy and hypocrisy, one can oppose the use of supranational efforts and use the principle of non-interference in internal affairs. And thus leave the suffering one on one with their troubles. But it's time to hide such reasoning in chests with other rubbish of bygone times.
From what has been said follows another essential aspect of human rights - its international legal character!
· International Covenant on Civil and Political Rights, adopted in 1966;
· International Covenant on Economic, Social and Cultural Rights, adopted in 1966.
§ Convention relating to the Status of Refugees (1951);
§ Convention on the Elimination of All Forms of Discrimination against Women (1980);
§ Convention against Discrimination in Education (1960).
§ Convention on the Prevention and Punishment of the Crime of Genocide (1948-1954);
§ International Convention on the Elimination of All Forms of Racial Discrimination (1965-1969);
§ Declaration of the Rights of the Child (1959) and the Convention on the Rights of the Child (1989);
These regulations establish general minimum standards for the observance and protection of human rights regardless of country of residence, skin color, religion, gender and other personal qualities.
Along with international legislation and the international mechanism for the protection of human rights, the peoples and governments of the continents began to create their own norms and bodies. The following were adopted: the Inter-American Convention on Human Rights (1969), the African Charter on Human and Peoples' Rights (1981), the Islamic Declaration of Human Rights (1990), the Arab Charter of Human Rights (1994), the European Union was established and European Charter of Human Rights and Freedoms (2000). The European Convention for the Protection of Human Rights and Fundamental Freedoms, adopted back in 1950, was developed and adopted by the member states of the Council of Europe, which, from the very beginning of its creation, united to “promote and further realize human rights, respect for fundamental freedoms and the rule of law”.
Pay attention: 50 years ago, the beginning of the Cold War between the socialist camp, defending the mythical public interests of the state and the future of communism, and Europe, which seeks to unite under the sign of the rule of law, protection of human rights and civil liberties. The senseless ideological opposition of the Soviet bloc to all of Europe, ideological obstinacy, the search for non-existent enemies and, most importantly, the constant creation of opponents for ourselves, even from former supporters, the growing irritation over the critical attitude of the countries from which we fenced off with the Iron Curtain, was not generated by the hostility of Europe, as was portrayed, but ambition, intolerance, hostility to everything new communist ideology. These humane and constructive principles allowed the states of Europe to come closer and closer, help each other, develop economically and achieve prosperity. Their political and legal systems have integrated, the people and countries of Europe have become so close that they easily understand each other and act for the benefit of their peoples.
In the development of the Universal Declaration, the European Convention on Human Rights, according to the best world standards, secured essential rights human: the right of every person to life is protected by law; no one should be subjected to torture, inhuman or degrading treatment or punishment; everyone has the right to liberty and security of person; every arrested person shall be promptly informed, in a language he understands, of the reasons for his arrest; every arrested person is immediately brought before a judge; everyone has the right to demand a fair trial; every person charged with a criminal offense shall be presumed innocent until proven guilty in accordance with the law and the principle of the presumption of innocence.
Everyone has the right to respect for his personal and family life; inviolability of home and secrets of correspondence, freedom of thought, conscience, religion. Everyone can freely receive and distribute information, express their opinion; peacefully gather for rallies and demonstrations, join political parties and public associations; men and women of marriageable age have the right to marry.
Each country joining the Council of Europe must meet these standards. In joining the Council of Europe, Russia has undertaken a number of obligations, among which the most pressing are the issues of abolishing the death penalty, introducing an alternative civilian service, and reforming the penitentiary system. There are many violations in matters of freedom of movement and choice of place of residence, in ensuring the right to complete and objective information, in freedom of thought and belief and the right to express and defend them. It is necessary to bring it into line with the Constitution of the Russian Federation, federal legislation, with international and European standards legislative acts many subjects of the Russian Federation.
The globalization of human rights is evidenced by the very progressive consolidation in the Constitution of the Russian Federation of the provision that the generally recognized principles and norms of international law are part of the national legal system. And the very existence of supranational law, the reception or implementation of pan-European normative legal acts and the inclusion of an international mechanism in the national legal system for the protection of human rights and civil liberties clearly demonstrates globalization.
By the way, the creation of the UN, the Council of Europe, The European Court of Justice, The European Union, other international bodies and their activities to protect human rights, as a priority goal of creating international organizations and mechanisms, speaks of the protection of global values, such as human rights.
Currently, the UN Secretary General is the depositary of about 520 international treaties. Many of them have a profound impact on people's lives and work in such matters as human rights, refugees and stateless persons, international criminal justice, disarmament and environment... UN experts assist governments in drafting domestic laws and implementing programs to improve law enforcement, prisons, social services and immigration services.
As a global center for solving all the most important problems of mankind, the UN also defines "universal rights" for all peoples. Historical experience shows that even the most developed national legislation cannot be compared in its completeness and quality with the law-making array created by international organizations. Qualitative significance and social value is attached to this legislation by the fact that for the first time and in all regulatory legal acts of an international character, a universal right is enshrined, regardless of the place of birth or residence of a person, race or color, nationality or religion, gender or education. International legal norms have become so universal, and the international mechanism for the protection of human rights is so powerful and flexible that any person on the planet can perceive them as a national treasure and use them to protect their rights and freedoms.
Opponents of globalization, as a result of which supposedly alien values are introduced, usually fear the loss of the identity, national identity, traditions and customs of their people and doubt whether they serve as a cover for the expansionist aspirations of enemy forces. Although there are many discussions around these issues, in our opinion, one should tend to a negative answer to these doubts, which are little confirmed by practice.
Yes, there is a national and cultural specificity in the understanding of human rights. Yes, not all peoples celebrate personal rights and civil liberties as much as Europeans. However, not all Europeans are united in their understanding of the social value of human rights. But after all, there is almost no concept or value that would be perceived in the same way by the entire human community. No matter how human rights are understood by different peoples, there can be no doubt about the social value universally recognized rights and freedoms. The right to life, to family well-being, to housing, to a favorable environment, to a decent level, and no matter what right or civil freedom we name, we cannot find an example so that for some peoples they do not represent social value. Individual exceptions or other evaluative phenomena that may be in such an important context do not deserve serious attention. Here is the most typical case on this topic.
In 1989, Crete hosted an international meeting of heads of non-governmental human rights organizations (NGOs). Dialogue has also arisen over the different understanding of human rights, stemming from the difference between Western and Eastern mentality. It was said that adherents of Western liberalism value rights more an individual, which in the East is not so important due to weakness civil society and the prevalence of community interest. All this is correct and cannot but influence the political activity of citizens, the development of civil society, the state of respect for human rights, the mechanism for protecting civil liberties, the activities of NGOs, and so on.
An example was given to substantiate the existing differences in the approach to human rights. In India there is a tradition called "sati", that is, the burning of a widow on the funeral pyre of her deceased husband. It was suggested that, based on the characteristics of the community worldview, “solutions to such problems” should be found within the respective community, and not imposed from above by the state. “Respect” for such traditions is supposedly more important than “universal” or “generally accepted” values, which are completely alien to Hindus.
On the basis of the recognition of cultural relativism, many are now wondering whether national identity will suffer from the adoption of such universal values as human rights and civil liberties. But how can there be customs, traditions that would contradict the social value of human rights and freedoms? You can imagine that there is. But then it is logical to ask the question, why do we need to preserve such traditions and customs? Indeed, in the history of each nation there were traditions and customs that turned into archaic, contradicted the developing culture, the modernizing mentality and, in the end, forgotten. Therefore, it is hardly reasonable to transform cultural traditions into a fetish and artificially oppose them to such unconditional values as human rights and civil liberties, tolerance and non-violence, humanism and democracy.
Internationalization of human rights. From the middle of the XX century. begins
a new stage that gave an intense impetus to the spread of human rights
Loveca is the stage of internationalization. Their forced international
development took place for a number of reasons, partly for political
motives, as well as under the influence of the humanitarian catastrophe of the Second
war and in connection with the collapse of the colonial system. Rights
man again became the slogan under which the struggle against
totalitarian ideologies and state regimes, against
any dictatorship and unlimited violence.
During this period, human rights are particularly dynamic to go beyond
affairs of the European space proper and appear in the law
practice and partly in the practice of countries that have freed themselves from colonial
noah and other dependence. Human and peoples' rights accompany
the process of decolonization (1945-1960). This does not mean that non-Western
countries got acquainted with this institute only in the specified
riod. Colonialism much earlier clearly demonstrated European
! Mironov B.N. Decree. Op. 175, 182, 303.
152 Chapter 3 Evolutionary Dynamics of Human Temper
a high standard of living, the action of constitutional democratic
rights that protect the interests of owners and the dignity of everyone
citizen, pluralism of political life, limiting the role of re-
leagues, etc., throughout its existence in these countries.
At the end of the XIX century. thanks to the efforts of the national elite, which received
European education and really appreciated the benefits of demo
cratic instruments, they began to gradually transform
nations that accelerated their dynamics especially visibly during the
pada of the colonial system.
After World War II, active law-making
in the field of human rights around the world, national systems of
search for optimal models, turn to international
noah practice, exchange own experience... Human rights
the first articles and lengthy sections of constitutions are devoted.
So, almost a third of the total volume of articles of the Italian Constitution
1947, Spanish Constitution 1978, Venezuelan Constitution 1999
concern human rights, and the catalog of the latter goes far beyond
the limits of their classic list.
National legal systems record not only their own
best practices in the protection of human rights, but also widely use
normative and doctrinal positive experience of foreign
countries. The constitutional texts created at this time are noticeably one
are typical, legislators use a unified wording -
mi. Professor V.V. Maklakov notes that “the appearance of any
a new type of rights in one country sooner or later entails the emergence
of the same or similar form in another. "" Use as an inter-
popular practice and foreign experience is becoming generally accepted
th, which makes it possible to more constructively and jointly solve a lot of problems
problems for the protection of man.
However, at the same time, other trends are observed: from the normative
some types of rights of the first
generations, for example, the right to resist oppression, the right to
uprising, the right of peoples to state self-determination, i.e. those,
which, from the point of view of governments, endanger the constitution
national legal order.
States by campaigning for the constitutionalization of rights to
common basis, begin to face great difficulties. Per-
possession of each other's norms, legal structures and technology
1 Constitutions of foreign states Textbook / Under the rsd VV Maklak-
VA M, 1997 C VII
§ 3 Inurnalization and mobilization of the character of chstowska 153
giy, it turns out, does not guarantee the automatic action of the rights,
since it is impossible to transfer mechanisms of functional
ning. The problem of guaranteeing rights arose, i.e. cardinal
transformation of public relations towards their favorable
vowing the action of rights. And this is a long process that requires
time and patience, the results of work are postponed for some first
the prospect. All this causes dissatisfaction and the corresponding
criticism against the idea of human rights in general, cooling towards it.
However, this position and conclusions seem to be in a hurry
you are not objective either. Human rights by purpose and function
are a variant of organizing the life of society (with ac-
with a cent and a stake on the individual as the main subject - the engine
public relations, as well as an object (beneficiary) of attention
mania and protection). They are associated with the fundamental foundations of being
and require the restructuring of basic social ties for a certain
format. The enormity of the task, of course, cannot
lead to instant success.
Increase in common features and fundamental attitudes, strengthening
similarities in the norms on rights, mechanisms and processes for their protection, as well as
use of universal means of international legal
level gradually brings national legal systems closer together,
mates a single legal space and internationalizes the sphere
human rights.
Internationalization of human rights means “converging, deepening
affection, interaction, mutual influence "", it is carried out in
two main forms - harmonization and unification of national
systems. Harmonization takes place on the basis general principles, and unifi-
cation - by introducing uniformity into the legal systems of states
standards 2. The internationalization of human rights is a consequence of
standardization of conditions and lifestyles, which are actively promoted
political and economic cooperation, mass media
formation, exchange of works of science, literature and art, de-
activity of international organizations, conclusion of international
agreements, direct reception and convergence of lawmaking in the field of
right.
Internationalization of human rights turned out to be a possible benefit
with the goodwill of states, their governments and peoples, to cooperate
in the name of promoting universal respect for human dignity. From this
" LukashukII Globalization, state, law, XXI century М, 2000 С 3
2 See ibid. C 44-45
154 Chapter 3 The Evolutionary Dynamics of Human Rights
moment, the concept of "classical re-
chen of human rights ", which characterizes the content of constitutions
from the point of view of their reflection on the idea of human rights protection and
which therefore classifies the regime of states as democratic or
oriented towards democracy.
The internationalization of human rights is a consequence of the main
in a way international cooperation states. Start
this stage was marked by the creation of the United
Nations and the adoption of its Charter as a multilateral treaty,
of the Member State to respect the fundamental rights and freedoms of
dividend, not to allow any discrimination (Art. 3.55).
This important step was made possible by the existence of two
outside international agreements earlier period, either
otherwise affected human rights, such as the Westphalian treaties
ry 1648 on freedom of religion, documents on the abolition of slavery
(Washington Treaty of 1862, Acts of the Brussels Conferences
1867 and 1890, Berlin Papers 1885, Geneva Convention
1926), norms on the laws and customs of war (Paris Declaration
1856, Geneva Conventions 1864 and 1906, Hague Conventions
1899 and 1907), the 1933 and 1938 Refugee Conventions. and etc.
Internationalization and progress in the field of human rights
contributed to the establishment in 1864 of the International Committee of Red
1st Cross, and in 1919 - the International Labor Organization and the League
Nations. And although the League of Nations did not set itself special tasks
in the field of human rights, but under its auspices were imprisoned extremely
important agreements regarding the fight against slavery and the slave trade,
suppression of trafficking in women and children, protection of religious, ethnic
linguistic and linguistic minorities, human protection during the
wife conflicts, etc. 1
It should be noted that, despite what was carried out in a certain
within the framework of human rights contacts,
UN goal of creating a unified, comprehensive international protection
rights were not put, individual rights continued to consider-
Xia as an exclusively internal affair of states. Cooperation
on certain issues of human rights began at the end of the 19th century, and in-
internationalization of rights as a result of such cooperation to
a standing basis does not apply earlier than the second half of the XX century.
anniversary.
* See Human Rights Textbook for Universities / Otv rsd EA Lukasheva M, 1999
S 461-462
§ 3 Inspection and balmisation of human disposition 155
Internationalization of human rights at the international level
accompanied by the development of the principle of universal respect for the rights
a person who served as an impetus for the development of a number of other
new founding principles: the principle of equality and the prohibition of dis-
crime, the principle of equality of rights between men and women, the principle
observance of fundamental rights during emergencies and thief
wife conflicts, etc. Respect for Human Rights Today
became one of the main in international law.
At the Moscow meeting of the Conference on Human Change
The CSCE (September 1991) declared that human rights
are of direct interest to all participating States
and do not belong to the number of exclusively internal affairs of one or another
the state. Meetings at the highest level in Helsinki (1992) and in
ministerial level in Copenhagen (1997) reaffirmed the
the priority of the principle of respect for human rights. General
UN Secretary General K. Annan noted that the sovereignty of states
“Never intended to serve governments
a license to violate human rights and human dignity.
Sovereignty implies responsibility, not just power. "
International relations on human rights strengthened
drank as a result of the creation and activities of interstate
and public structures that were organized specially
for cooperation in the field of human rights or included human rights
Love is among its priority areas. Created today
and there is a common worldwide connection between states and peoples, cooperation
not based on common human interests and values, i.e.
universal system of human rights. Regional
systems that emerged due to a common sociocultural identity
specificity of certain peoples and reflect the tendencies of self-affirmation
denia of civilizations.
The recognized leader among them was the UN, which “represents
is a union sovereign states but right, for protection
which it exists, belong to the peoples, and not to the government
you "2. The mechanism for respecting and protecting rights within the UN is multidimensional
zen. Coordinating functions are performed by the main bodies (General
General Assembly, ECOSOC), as well as the Secretary General and his
Deputy - UN High Commissioner for Human Rights. From-
efficient control functions lie with specialized institutions
* Annan Kofi A UN Intervention Challenges 1999 P 5
2 Ibid C 13
156 Chapter 3. Evolutionary dynamics of human nature
denii (ILO, WHO, UNESCO, etc.), Commission on Human Rights,
Commission on the Status of Women, Commission on Prevention
Crime and Criminal Justice, Sub-Commission on the Promotion of
and the protection of human rights. Office of the High Commissioner for
refugees, the International Children's Emergency Fund, etc.
Regional cooperation on human rights presented by
The Organization for Security and Cooperation in Europe (CSCE -
OSCE), Council of Europe, European Union, Organization of America
states, the Organization of African Unity (African
Union), the Commonwealth of Independent States, the Organization
the Islamic Conference.
Ending the confrontation between East and West is a way to
promoted the establishment of a dialogue between countries, which received
the name "human dimension". With his help, the relationship
in the field of human rights have been de-ideologized.
Cooperation on human rights at different levels is carried out
appears in various forms, primarily through the development of a single
standards that define the range of human rights and freedoms. To the present
Currently, more than 100 universal agreements have been adopted and over
200 regional 4. Among them, the most significant are documents
UN COPs: Universal Declaration of Rights
person 1948, International Covenant on Economic, Social
cultural and cultural rights 1966, International Covenant on Citizens
nikh and political rights of 1966 and two protocols to it (Bill of
human rights), Convention on the Prevention of the Crime of Genetic
cide and Punishment 1948, Convention on the Elimination of All Forms
Racial Discrimination 1965, Convention Against Torture and Other
cruel, inhuman or degrading treatment
punishment and punishment 1984, Convention on the Rights of the Child 1989 (total
more than 90 agreements, declarations and other documents) 2.
No less than 90 national constitutions adopted after
1948, reproduce the provisions of the Universal Declaration of Human Rights
ka and other documents of the Bill of Rights 3. Thus, the Argentine Constitution
us 1833, in the 1994 edition, wrote: “The American Declaration
human rights and responsibilities, Universal Declaration of Human Rights,
) See: Dictionary of Human Rights and Peoples / Ed. RA. Tuzmukhamsdov, V.I. Forge-
tsov. M., 1993.S. 118.
2 See: Azarov L., Roiter V., Hufper K. Protection of human rights. International and
Russian mechanisms... M., 2000.S. 12.
3 See: Human rights as a factor in sustainable development strategies / Otv. ed.
E.A. Lukashev. M., 2000.S. 266.
§ 3. Ingresnationalization and globalization of human rights 157
The American Convention on Human Rights has a constitutional
rank and should be interpreted as complementary to the rights and guarantees
the Constitution ”(Clause 22, Article 75). The provisions of the International Bill of
rights are at the heart of the universal concept of human rights.
Regional regulatory systems complement the universal
greasy positions, and in some respects increase the degree
exactingness to security and efficiency in the exercise of rights
and freedoms. Regionalization in the field of rights began as a reaction to the uni
versal standards, which required their adaptation to specific
culture different countries and civilizations.
In Europe, of course, the largest number of such
norms: within the framework of the Council of Europe, the European Convention on
protection of human rights and fundamental freedoms 1950, European Social
1996 General Charter, 1954 European Cultural Convention,
1977 Convention on the Suppression of Terrorism, Framework Convention on
protection of national minorities 1997, the Convention for the Protection of Human
dignity in relation to the application of biology and medicine
1997, etc.
In December 2000, the European Union adopted the Charter of Basic
rights.
The most significant CSCE human rights instruments are
OSCE became the 1975 Helsinki Final Act, the Final
Vienna 1989 Document, Charter of Paris for a New Euro
in 1990, documents of the Copenhagen and Moscow meetings
Human Dimension Conferences 1990 and 1991
Human rights standards are developed and in contractual practice
members of the Commonwealth of Independent States (CIS), these are:
Venice on Human Rights and Fundamental Freedoms 1995, Agreement on
assistance to refugees and internally displaced persons 1993, Convention
on ensuring the rights of persons belonging to national minorities
stam 1994, etc.
Elsewhere in the world: American Declaration
human rights and obligations 1948, American Convention on
Wax Human 1969, African Charter on Human and Peoples' Rights
1981, 1990 Cairo Declaration on Human Rights in Islam,
1994 Arab Charter of Human Rights, etc.
Consolidation of human rights standards in international documents
century was important, because, firstly, it helped to lay down
the idea of which subjective rights should
attributed to the category of human rights, secondly, contributed to the
the world of universal and socio-cultural concepts of human rights
century, thirdly, facilitated the process of internationalization of rights, and
158 Г iaea 3 Evolutionary dynamics of the rights of Chs-Juvska
fourthly, it significantly influenced the improvement of the situation with
human rights around the world.
Creation of a universal concept of human rights, its reflection in
International Bill, the widespread use of the institution of rights in
international practice of political, economic, intercultural
relations, their inclusion in planetary strategies for solving all
common problems, the penetration of ideas of human rights protection into the
legislation and the state-legal sphere of almost all
countries of the world and their transformation on new soil into a factor of internal
life - evidence of the acquisition by human rights of universal
character, their involvement in the search for democratic
share the unification of mankind.
An important form of cooperation in the field of human rights has become,
the assumption by states of voluntary commitments on inter- "
international treaties and the desire to fulfill them in good faith in
within the national legal order. This involves casting.
domestic legislation in accordance with international requirements
boviyami, the creation or reorganization of the activities of state
structures, improving administrative and judicial processes
procedures for ensuring and protecting human rights, the formation and implementation
tion government programs and human rights support projects.
In recent years, some progress has indeed been made.
progress in this part. National institutions were also established
monitoring in the field of human rights. State authorities under-
were taught by education and enlightenment, the formation of culture
human rights.
A culture of human rights is a new challenge posed by
the problems of strengthening the action of rights. She is one of the main conditions
viy realization of rights. Experts who participated in the development of the Charter
Of the European Union on fundamental rights, noted in this regard:
“Fundamental rights are only useful when citizens are aware of their
existence and the possibility of their use. Hence,
the declaration and provision of data is crucial
rights that will allow everyone to know and use them; other-
in short, fundamental rights must be visible. "
Creation of an extensive network of international mechanisms and
procedures for compliance with obligations assumed by states
has become an important means of influencing the international community
* Affirmation dcs droits fondamentaux dans 1 "Union curopeenne ll cst temps d" agir
Raport du groupe d "cxpcrts en maticre dc droits fondamentaux Bruxclles Commission
europccnnc 1999 P 11
§ 3 Legalization and globalization of human rights 159
society on the national authorities in order to force the latter to re-
navigate domestic policy and also increase the level
responsibility for activities in the field of human rights.
Control and enforcement measures were: consideration of the convention
cash and other international structures periodic up-
treasures of member states of certain agreements on progress,
achieved by them during the reporting period; consideration of complaints, petitions,
appeals of individuals or groups for violation of their rights; the study
or investigation by rapporteurs, working groups, ex-
pert situations concerning rough, massive and systematic
violation of rights; creation of international programs of advisory
services to assist governments in lawmaking,
vocational training, in conflict prevention and training
the methods of their resolution; powers and activities of the international
family officials in the field of human rights protection; mechanisms
and the means of resolving disputes about the interpretation or fulfillment of the obligation
human rights bodies; involvement in international criminal
liability of individuals for gross violations of the norms of rights,
and etc.
Some human rights violations have come to be seen as
international crimes, i.e. as grave encroachments on
human dignity and rights. 1945-1946 were punished for
sentences of the Nuremberg and Tokyo international military
higher tribunals officials states that unleashed pre-
stupid aggression against peoples. In 1993 and 1994. created between
People's Criminal Tribunals for Prosecuting Persons Responsible
for genocide, ethnic cleansing and other serious crimes
against humanity in Yugoslavia and Rwanda. In 1998 created for
functioning on a permanent basis International criminal
court, adopted its Statute, which allows to bring to the international
no responsibility for genocide, aggression, crimes against human
religion and war crimes. By the International Law Commission
a draft Code of Crimes against Peace and Security has been developed
humanity.
Endowing supranational bodies and persons with powers to
make decisions on behalf of the international community - witness
the acquisition of new qualities by the institution of human rights: with a special
the question of the reality of rights was raised with the emphasis, since
now there is a powerful new mechanism that can be relied on
to attack the national authorities that oppress citizens. International
nalization strengthened mechanisms for the protection of rights, shifted the conversation from their
recognition for security
160 Chapter 3. Evolutionary dynamics of human nature
The involvement of non-governmental
military organizations to discuss human rights issues in inter-
international arena. “Speak with one voice” 1, form the opinion of the
public, to consolidate joint efforts became
wide practice in the second half of the XX century.
mania and solving common problems of mankind.
Theoretically and practically by the end of the XX century. was developed
the concept of universal cooperation in the field of human rights. On
The World Conference on Human Rights (Vienna, 1993) 170 participants
states reaffirmed their obligations to protect
human rights, reiterated that ensuring respect for human rights
Personality remains their top priority. The adopted Program of
vii is oriented towards setting standards to their
implementation, its efforts are focused on creating the conditions necessary
necessary to build a universal culture of human rights.
All these trends and positive shifts inspire a certain
optimism about the prospects for human rights. However, they retain
and serious problems that slow down or even block the
progress in this field.
Professor S.V. Chernichenko gives a huge list of such
problems that arise only at the international level. He considers,
that there is still a danger of politicizing human rights issues when
their discussion on the interstate arena; imperfection and growth
mechanisms and procedures for the protection of rights are aggravated by their chaotic nature,
duplication, huge financial costs, ineffective
ness; there are no criteria for considering individual cases
human rights violations when the State concerned
rejects against it; there are no criteria to determine
to tell whether gross and massive violations are committed in the state
right; the issue of mechanisms for responding to urgent
cases of violation of rights; there is a tendency to consider the
problems of human rights without taking into account the socio-political and economic
what situation in a particular state; wide sections of the population and
state officials are not sufficiently informed about the
the results of the discussion of these issues; international bodies
faced with a stream of complaints that does not allow timely and
to react to them competently 2.
1 Azarov A, Reuter V., Hüfner K. Decree. Op. P. 33.
2 See: Chernichenko S.V. UN and Human Rights // Human Rights in Russia: Declaration
walkie-talkies, norms and life. Materials of the International Scientific Conference on
to the 50th anniversary of the Universal Declaration of Human Rights. M., 1999.S. 79.
§ 3. Internationalization and globalization of human rights 161
The results of half a century of development of the idea of human rights, when it became
the property of the world community, today are rated extremely low.
It is noted that the task of ensuring universal respect for human rights
ka remains "intractable", the state of affairs with the rights
paints a 'grim picture' in the real world ", the UN has not yet been able to
achieve the stated goal of stopping gross violations of rights, the results
the impact of the Universal Declaration of Human Rights on the legal space
society is perceived by the public critically 2, the situation with
your person is getting worse rather than better 3.
Even in states with a stable democratic system,
notes I.I. Lukashuk, the bulk of the population has less and less
neck influence on the policy of the state, which is under the control
lem big capital. The right to elect and be elected, freedom
the words are largely symbolic. Complex
the situation in countries in the process of transition to a market
economy. Basic human rights are enshrined in constitutions, but
for their implementation, an appropriate level of economic
whom, political and cultural development, which is not achieved
overnight. Developing countries lack the necessary
love for human rights; can freedom of speech, the creation of parties and
political participation is considered basic in a country where
dominated by unemployment, poverty and unsanitary conditions? 4
But this criticism also testifies to something else, no less important:
social consciousness has grown to an understanding of high humanitarian
the problems facing humanity, the world community has taken
h, and the solution an extremely difficult task to put things in order in the dormitories
tii, remembering a person not as his means, but as a social goal.
I.I. Lukashuk concluded that for human rights today “co-
certain international legal and state-legal
new preconditions ... "and predicts that" the assertion of human rights
which will lead to significant changes in most states and in
their legal systems" 5 .
The globalization of human rights. Since the 70s. XX century human rights to
gradually began to acquire global features, which was a reflection
1 Atshn Kofi L. Annual report on the work of the United Nations for
year 2001. P. 87.
2 See: Ternovaya JI.O International Cultural Studies (Political Realities XX
centuries and the problems of their spiritual reflection). M., 1999.S. 104.
3 Lukashuk I. Decree. Op. P. 15.
4 See ibid. P. 16.
;> Ibid. P. 17.
162 Chapter 3 Evolutionary Dynamics of Human Temper
the well-known standardization of vital and social needs
of people. The increasing similarity of living conditions, emerging
common economic, informational, cultural space,
internationalization and transnationalization bind individuals
with large scale systems. “Internationalization has entered
the final phase, - writes E.G. Kochetov, - the world becomes one
not only from a philosophical point of view, but also in reality ”1. Occurrence
dit change of the civilizational paradigm of development, planetary life
becomes interdependent, wholehearted. Global community
came close to the emergence of a new phenomenon - the world civil
lization embracing all of humanity. Human rights being
reflection and active lever of these processes, switched to the following
the highest level of its development - the level of globalization. They are demon-
develop their sufficient maturity to participate in the problems of "global
ball harmonization "2 of the world.
If the internationalization of human rights has manifested itself in the fact that
this institution began to spread widely on the planet, assimilated
national legal order, to develop on the basis of universal
principles, as well as in socio-cultural modifications, then the global
the lization of human rights reflected the tendency of the connectedness of the individual
with the universal - the status and social well-being of the individual became not
only to depend, but also to actively influence the life of peoples, civilizations
and humanity as a whole, and vice versa. Thus, legislation on rights
a person in a particular country today differs in an obvious
the presence of features of universality, violation of the rights of an individual
ka or a group of people takes on the character of a planetary danger
scale (for example, environmental disasters, terrorism), rights
people have become a "patient side", as well as a tool for resolving
all global problems.
Human rights as the basis of peace and a factor of sustainable development. Everyone has the right to a social and international order in which rights and freedoms can be fully realized (Article 28 of the 1948 Universal Declaration of Human Rights). The main factor influencing the modern social and international order is globalization (the increasing integration of economies and societies around the world).
Globalization is not just an economic process, but also includes social, political, environmental, cultural and legal aspects that have an impact on the full enjoyment of all human rights. The processes associated with globalization have released energy that is rapidly driving the world economy onto a qualitatively new development trajectory. At the same time, the degree and nature of the participation of various categories of countries in global markets are significantly different. Therefore, the perception of globalization largely depends on the ability of people to take advantage of the opportunities it creates.
The promotion and protection of human rights is a matter of paramount importance to the international community. The preamble to the 1945 UN Charter emphasizes: "We, the peoples of the United Nations, are determined to ... reaffirm faith in fundamental human rights, in the dignity and worth of the human person, in the equality of men and women and in the equal rights of nations large and small." With the adoption by the UN General Assembly of the 1948 Universal Declaration of Human Rights, human rights constitute an essential part of the international legal order. The universality of these rights and freedoms is recognized. The legal status of certain categories of individuals is regulated in detail by international treaties (refugees, migrant workers, etc.). Individuals are recognized as having the right to appeal to international bodies, including courts, in the event of a violation of their internationally recognized human rights. An international criminal liability individuals for international crimes of grave concern to the entire international community. Thus, individuals become participants in some international relations, regulated international law, in connection with which the concept of a specific (or limited) international legal personality of an individual is becoming more widespread in the legal literature.
Strengthening international cooperation in the field of human rights is essential to ensure peace and sustainable development. International economic and social cooperation includes the promotion of universal respect and observance of human rights and fundamental freedoms for all, without distinction of race, sex, language and religion (Art. 55 of the UN Charter). The efforts of the international community to ensure universal respect for and observance of human rights and fundamental freedoms for all contribute to the stability and prosperity that are necessary for the establishment of peaceful and friendly relations among nations and the improvement of conditions of peace and security, as well as social and economic development... Human rights have become a central element of the global dialogue on peace, security and development in the work of the United Nations. In this regard, human rights treaty bodies and independent human rights experts continuously monitor and investigate human rights situations from a thematic and country perspective.
It is recognized by the international community that human rights, the rule of law and democracy are interlinked and mutually reinforcing and that they belong to the universal and indivisible core values and principles of the United Nations.
Economic, social, cultural, civil and political rights and the right to development are recognized as universal, indivisible, and mutually reinforcing rights of every person without discrimination. However, controversy continues over the alleged cultural characteristics human rights.
At the national level, the rights of individuals to participate in important political decisions affecting their lives at the international, national and local levels are expanding. Most constitutions adopted in recent decades regulate in detail the rights and freedoms of man and citizen on the basis of international legal acts ratified by the overwhelming majority of states in the world. Modern constitutional regulation of the status of an individual usually contains four aspects: citizenship, fundamental rights and freedoms of a person and a citizen, the main duties of a person and a citizen, and special rights some persons belonging to specific categories population.
The Constitution of the Russian Federation determines that a person, his rights and freedoms are the highest value. Recognition, observance and protection of human and civil rights and freedoms is the duty of the state (Article 2). In the Russian Federation, human and civil rights and freedoms are recognized and guaranteed in accordance with the generally recognized principles and norms of international law and in accordance with this Constitution (part 1 of article 17 of the Constitution of the Russian Federation).
Correlation and interaction of international and domestic law. In the theory of international law, two main concepts have been developed on this issue. According to monistic concept international and national law act as individual elements general rule of law, in which the priority of action belongs to international law. The dualistic concept proceeds from the fact that international and domestic law function separately, and international law is applied at the domestic level only if it is regulated by national law.
In recent decades, the point of view has been spreading that the variety of types of international legal norms and domestic response mechanisms makes it impossible to determine the relationship between international and domestic law on the basis of a single theoretical approach. Therefore, in legal science and practical activities of states and international organizations, various legal situations are considered from the standpoint of both dualistic and monistic theories.
The most important in the field of human rights is the problem of the interaction of international law and constitutional law... There are three main approaches to defining the relationship between international legal and constitutional legal norms in the field of human rights in constitutions: 1) consolidation of the principle of direct action of international law in the field of human rights, as well as in the recognition of their special legal force; 2) linking the operation of international legal norms in the field of rights and freedoms with the fact of the conclusion of international treaties; 3) direct reference to the leading international acts in the field of rights and freedoms.
According to the Constitution of the Russian Federation, the generally recognized principles and norms of international law and international treaties of the Russian Federation are part of its legal system. If an international treaty of the Russian Federation establishes rules other than those provided by law, then the rules of the international treaty are applied (part 4 of article 15 of the Constitution of the Russian Federation).
At the same time, international law should take into account the norms of domestic law that have received universal recognition in national legal systems (Decision International Court of Justice UN in the case of Barcelona Traction, Light and Power Limited 1970).
Human rights as a branch of modern international law. International human rights law establishes the obligations of states to ensure and respect fundamental human rights without any discrimination, as in ordinary legal conditions, and in the event of war or other extraordinary circumstances, and also establishes responsibility for violation of fundamental human rights.
The whole body of human rights is based on the following fundamental principles: equality; participation; accountability; non-discrimination at both the national and international levels; respect for diversity; tolerance; and international cooperation and solidarity.
Forms of international cooperation in the field of human rights. Universal respect for and observance of human rights and fundamental freedoms without distinction of any kind is a fundamental rule of international human rights law. Forms of international cooperation in this area are the codification and progressive development of international human rights law, promotion of universal ratification and compliance with international human rights treaties, advisory services and technical cooperation in the field of human rights, assistance in strengthening national institutions for the promotion and protection of human rights. human rights, the creation of effective international mechanisms for monitoring the observance of human rights, the suppression of gross violations of human rights, etc.