Human Rights are considered inalienable, however, the creation of conditions for their implementation may require action by stakeholders, which primarily include States, individual legal acts. Some of them can be considered fundamental, if we talk about the international partnership with participation of the modern countries in the world? What is meant by the human rights data sources standards?
Before you consider the various international instruments on human rights, study what these privileges in accordance with common views of researchers can represent.
So, the popular view, according to which they should understand the personality traits that reflect her freedom, but are also indispensable in her life, engagement in relationships with other people, society, state institutions. They characterize the legal status of a person who he is in relation to the state and uses to implement its requirements, as well as participate in various communications in the socio-economic, political, and cultural spheres.
The most Important property of human rights — inalienability. They must be implemented at any time at the request of their media, regardless of its social status, political views, nationality.
If you try to implement the classification of the rights in question, using various international acts, you can see that they are divided into the following main categories: political, cultural, socio-economic.
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Regarding political rights: such can be presented to the human right to expression of freedom of speech, Association, and meeting with other people. Cultural can be represented by the right to education and freedom of creativity. As for socio-economic — including the right to property, housing and social security.
Obviously, a key role in creating the conditions for the realization of these rights belongs to the state. International acts on the human right to social security and other benefit include provisions under which the authorities of the countries of the world are responsible for the implementation of appropriate policies development of the state. These obligations of the authorities may be prescribed in national regulations, in many cases — in the Constitution of the country. Human rights enshrined in the respective legal acts should be implemented on the basis established by the state social institutions — social, political, legal.
Thus, the main thing — not the proclamation of the following relevant standards or those that include international acts, and the creation of conditions for the realization of a person's capabilities actually. Thus, if this condition will be observed, and Declaration of adherence to certain regulations adopted at the level of national or international legal acts, is not required or will be formal, while citizens are able to exercise their basic rights.
The most Important aspect of the implementation of human rights — the practice of application of those norms, which include international instruments on human rights. In case if a citizen of a state he feels that his rights guaranteed by national or international law is violated, he may appeal to various authorities. For example, the Commissioner for human rights or the judiciary. In the case that at the level of state bodies functioning in the country, people will not be able to obtain redress, he may appeal to the international structures, such as, for example, the European court of human rights.
International instruments on human rights (General description< / span> them is discussed later in the article) include Rules which are classified into the following main categories:
principles;
- norm;
standards.
As regards the first, those most likely to be the fundamental principles of international law. For example, the Statute of the court of justice has wording to the effect that there are principles of law recognized by civilized Nations. The principles referred to, can be locked inthe different sources of law. For example, in declarations, regulations, rules. It can be noted that the relevant sources of law, as a rule, are recommendatory, not binding.
However, from the point of view of international dialogue is always welcome, if relevant, international instruments on human right (social security, for example) will find a match in the provisions of the national sources of law of those States who participated in the development of appropriate principles and their attachment to the level of those or other sources of norms. The country proclaimed commitment to international principles for the provision of human socio-economic security, thus, will be seen as responsible and active international partner, if you can make a law requiring certain state institutions to create conditions for realization by citizens of the relevant socio-economic rights.
In turn, the international norms and standards to ensure the protection of human rights, as a rule, have legal force — provided, however, that the sources of law to which they are attached, ratified by various States. Speech can go about such legislation as the Convention, Pact, an international Protocol agreement. In some cases, a precondition for the ratification of a agreement may be the state's participation in a particular international Union. For example, if we consider such structures, then such an Association may be, the Council of Europe.
Expressed in the different varieties of rights are enshrined at the level of a large number of sources of law adopted at the level of international cooperation with advanced countries. Some of them can be attributed to basic? This will probably be the primarily international acts adopted at the level of the largest organizations at the appropriate level — UN. Consider the specifics of these normative sources in more detail.
One of the fundamental acts in terms of securing 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 with accumulated worldwide experience associated with the study of various relations in the humanitarian sphere, taking into account the experience of implementation of such a law at the level of individual States.
The document in question is part of the international bill of human rights. It also includes various covenants, adopted in the framework of international cooperation of modern States. Among those:
- the international Covenant, which establishes the civil and political rights;
- the international Covenant that defines the social, economic, and cultural human rights.
Both documents entered into force in 1976. These international acts on the right of man and citizen to social security, access to political privileges and opportunities of cultural development, were adopted in order to complement and detail the founding document of the United Nations. However, these sources of law have the status of pacts, that is, they are binding for States that have ratified the relevant law. Consider their characteristics in more detail.
Consider the source of the norms formulated specific lists of human rights, as well as the mechanisms through which they should be implemented. This Covenant commits the following human rights:
- the life, liberty, security of person;
- humane treatment;
- to not be subjected to unlawful arrest;
- moving and choice of residence;
- freedom of speech, religion;
- for the organization of meetings, the establishment of associations;
- membership in certain organizations;
- the vote in the General election;
- protection in the event of a minority group.
If we consider the international instruments of social security law — a key will be, thus, the Covenant on economic, social and cultural rights, adopted, as the previous source of norms at the UN level. The relevant document includes the following list of rights:
- to self-determination;
- to work;
- to fair and favorable conditions of work;
- the formation of trade unions;
- to strike;
- to social security;
- protection for the family, motherhood, children;
- to an adequate standard of living, housing, food;
- to achieve the highest rates of health;
education — including a tailored plan for the introduction of free education in accordance with the Covenant;
- to participate in cultural development;
- use the results of progress in science;
- to protect the interests that are relevant to your own work.
Control over the compliance of countries that have ratified the Covenant by a special Committee at the UN.
Thus, if we consider the key international instruments on labour, a shared feature which allows them to rate very highly, from the perspective of establishment of legal norms that are binding modern States — the source in question can be called one of the key legal acts.
It Can be noted that both of the Covenant, the features of which we have considered above, in fact, ratified by most countries of the world. Thus, the international instruments on labour and social safeguards — if we consider the position taken at the UN level, have a very wide jurisdiction.
In addition to the sources of rules studied above, there are many other legal acts adopted on the international level in the framework of the legal mechanisms of implementation by States of human rights protection. To include a large number of Conventions — "On the elimination of discrimination" "On the prevention of torture and inhuman treatment", "On child rights", "About protection of the rights of workers."
Considering Instruments at the level of declarations, it is possible to pay attention to the Declaration on social progress UN, which was adopted in 1969. It says, CTO the main purpose of social progress — improving the material and spiritual level of a person assuming the rights and freedoms.
There are a large number of sources of standards adopted at International labour organization, UNESCO and other structures formed in the course of inter-state partnerships. There International acts on the human right to a dignified level of existence< / span>, one of the conditions is the availability of opportunities for the realization of the inalienable social rights.
There are different regional legal acts — for example, the African Charter on human rights, American Declaration of the rights and obligations of the European Convention for the protection of human rights. Their jurisdiction extends primarily to countries located in a certain regiona.
No different levels of partnerships between contemporary States have a International instruments of title, About security, about protection of nature. With the development of global socio-political processes are the sources of the norms that are active today, may be supplemented by a new, corrected, improved, with an emphasis on adaptation to the specifics of international cooperation at various levels.
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Alin Trodden - author of the article, editor
"Hi, I'm Alin Trodden. I write texts, read books, and look for impressions. And I'm not bad at telling you about it. I am always happy to participate in interesting projects."
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