International instruments on human rights

Human rights are considered inalienable, but the 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 of 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 considering various international acts on human rights, we will study that these privileges in accordance with the prevailing views of researchers can be.

So, the popular view is that they should be understood as personality traits that reflect her freedom, as well as necessary conditions for her life, participation in relationships with other people, society, and state institutions. They characterize the legal status of a person that he has in relation to the state and uses to realize his needs, as well as participation in various communications within the social, economic, political and cultural spheres.

The most important property of human rights is 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 the rights in question using various international instruments, then we can determine that they fall into the following main categories: political, cultural, socio-economic.

Regarding political rights: these 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

Obviously, the key role in creating conditions for 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 implementing the relevant directions of the state development policy. These obligations of the authorities can be prescribed at the level of national regulations, 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.

Thus, for the authorities of the country the main thing is not to proclaim the adherence to the relevant norms or to include international acts, but to create conditions for the person to realize his opportunities in fact. At the same time, if this condition is really observed, then 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 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 a person's realization of his rights is the 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 agencies 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

нормы, которые классифицируются на следующие основные категории: International instruments on human rights (a general characteristic of them 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, the most basic principles of international law are most often those. For example, in the Statute of the UN Court there is a formulation 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 generally recommendatory, that is, they are not binding.

At the same time, from the point of view of international dialogue, it is always welcomed if the relevant international instruments on the human right (for social security, for example) will find consistency in the provisions of national sources of law of those states that have participated in the development of relevant principles and their securing to The level of certain sources of norms. A country that has proclaimed 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 with regard to ensuring the protection of human rights already have, as a rule, legal force - but on the 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 various varieties of rights are 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 regulatory sources in more detail.

International human rights norms: the UN Declaration

One of the fundamental acts on the consolidation of human rights guarantees at the international level can be called the declaration of human rights, which was adopted by the United Nations in 1948. This document was developed and adopted taking into account the experience accumulated in various countries of the world related to 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.

The document under consideration is part of the International Bill of Human Rights. It also includes various pacts, also adopted within the framework of international cooperation of modern states. Among them are:

- an international pact that establishes civil as well as political rights;

- an international pact that defines social, economic, as well as cultural human rights.

Both documents came into force in 1976. These international acts on the human and citizen's right to social security, access to political privileges and opportunities for cultural development, were adopted with a view to supplementing and detailing the founding document of the United Nations. At the same time, the relevant sources of law have the status of covenants, that is, they are binding on states that have ratified relevant norms of law. Let's consider their features in more detail.

International Standards: Covenant on Political Rights

The considered source of norms formulates specific lists of human rights, as well as the mechanisms by which they should be implemented. This pact records the following human rights:

- to life, liberty, personal inviolability;

- on a human attitude;

- not to be subjected to unlawful arrest;

- for moving, as well as choosing the place of residence;

- freedom of speech, religion;

- organization of meetings, establishment of associations;

- to join certain organizations;

- to vote in the framework of the general elections;

- to be protected in case of belonging to minorities.

International Standards: Covenant on Economic Rights

If we consider international acts on the law of social security - one of the key will thus be the Covenant on Social, Economic, and Cultural Rights, adopted, like the previous source of standards, at the UN level. The relevant document includes the following list of rights:

- to self-determination;

- to work;

- on fair, as well as favorable conditions for the performance of work;

- formation of trade unions;

- to conduct strikes;

- for social security;

- for protection of the family, motherhood, children;

- a sufficient standard of living, housing, food;

- to achieve the highest health indicators;

- for 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 relevant to their own creativity.

Control over compliance with the obligations of countries that have ratified the Covenant is carried out by a special Committee at the United Nations.

Thus, if we consider the key international acts on labor, the general characteristics of which allow us to evaluate them very highly, from the point of view of establishing legal norms that are binding on modern states - the source in question can be called one of the key legal acts.

It can be noted that the two Covenants, the features of which we considered above, have been ratified by virtually the majority of the countries of the world. Thus, international acts on labor and various social guarantees - if we consider the provisions adopted at the UN level, have a very wide jurisdiction.

Human Rights Acts: International Jurisdiction

In addition to the sources of norms that we examined above, there are a large number of other legal acts adopted at the international level in the framework of regulating legal mechanisms for the implementation of human rights by states. These include a large number of Conventions - On the Elimination of Discrimination, On Counteracting Torture and Inhuman Treatment, On the Rights of the Child, and On the Protection of the Rights of Workers.

международные акты на уровне деклараций, то можно обратить внимание на Декларацию социального прогресса ООН, которая была принята в 1969 году. If we consider international acts at the level of declarations, we can pay attention to the UN Declaration of Social Progress, which was adopted in 1969. что главная цель социального прогресса — улучшение материального и духовного уровня человека при условии реализации им своих прав и свобод. It says that the main goal of social progress is the improvement of the material and spiritual level of a person, provided that he realizes his rights and freedoms.

There are a large number of sources of norms adopted at the level of the International Labor Organization, UNESCO and other structures formed in the process of interstate partnership. международные акты о праве человека на достойный уровень существования , одним из условий которого является наличие возможностей для реализации неотчуждаемых социальных прав. There are international acts on the human right to a decent level of existence , one of the conditions of which is the availability of opportunities for the implementation of inalienable social rights.

Human Rights Acts: Regional Jurisdiction Level

There are various regional legal acts - for example, the African Charter on Human Rights, the American Declaration of Rights and Duties, the European Convention on Human Rights. Their jurisdiction extends mainly to states located in a particular region.

различных уровнях партнерства между современными государствами действуют международные акты о праве собственности , о безопасности, о защите природы. At various levels of partnership between modern states there are international acts on the right of ownership , on security, on the protection of nature. Given the development of world socio-political processes, the sources of norms that are in place today can be supplemented with new ones, adjusted, improved with an emphasis on adapting to the specifics of international cooperation at various levels.