International protection of human rights is carried out by special structures: the UN Human Rights Committee, the European Court of the Council of Europe.
The main sources of international law that regulate the protection of human interests are the European Convention for the Protection of Fundamental Freedoms and Human Rights, the Charter of Human Rights, the Final Act for Cooperation and Security in Europe.
Relevance of rights protection
International protection of human rights and freedoms is associated with the English philosopher Thomas Hobbes. He was convinced that humanity in its primitive state of nature was in a state of war of all against all. Only after the emergence of the state there was a chance for a normal life, protection of the rights of ordinary citizens.
The Englishman believed that in relations between differentbetween states, war is inevitable, since there are no controlling and restraining structures over states.
The international system for the protection of human rights became especially relevant in the 20th century, during which two cruel world wars took place, in which many world powers took part. It was during this period that the most criminal and inhuman treatment of civilians, prisoners of war was observed.
Formation of the League of Nations
After the First World War, in 1920, the foundations of the international protection of human rights were born. The created League of Nations became the first organization of the international level, which set as its goal the preservation of peace and the improvement of the quality of life on our planet. The inconsistency of the actions of the countries that became its participants did not allow the League of Nations to develop a full-fledged system of collective security. This organization ceased to exist in 1946, instead of it a new interstate structure appeared - the UN.
UN activities
Its main task was to develop activities aimed at protecting the interests of citizens around the world. The UN appeared as a response to the crimes against people that were committed by Nazi Germany, as well as its allies during the Second World War. The UN formed the Charter of Human Rights, often referred to as the International Bill of Human Rights.
Documents of the Charter
The regulatory framework is:
- Universal Declaration of Human Rights;
- several pacts on economic, political, social rights of citizens.
As a supplement, dozens of declarations and treaties were prepared, according to which international protection of human rights is carried out in a peaceful period. Documents related to genocide, racial discrimination, the rights of the disabled, the status of refugees.
After the adoption of the first document indicated in the list, a period began in which the international legal protection of human rights and freedoms ceased to be an internal affair of an individual state.
Significance
The Universal Declaration secured the basic rights of all the inhabitants of our planet, regardless of ethnicity, race, language, religion, gender.
It has international human rights protection in it:
- for a full life;
- personal freedom;
- complete immunity;
- universal equality.
It says about the inadmissibility of slavery, torture, humiliation of human dignity. Wherever a citizen is, international protection of human rights and freedoms should be available to him.
Part of the provisions of the Constitution of our country almost completely duplicates the material of the Universal Declaration of Human Rights.
International level treaty
The International Covenant on Social, Economic and Cultural Rights regulates the formation of a person free from need and fear. This can only be achieved withconditions that everyone will have the opportunity to enjoy the rights to work, rest, fair remuneration, a decent standard of living, social security, freedom from hunger.
International protection of human rights in the terms of this pact also implies the provision of opportunities for citizens to actively participate in cultural life.
In addition to the rights listed above, the international pact also mentions other possibilities:
- prohibition of imprisonment of a citizen if he fails to fulfill contractual obligations;
- equality before law and court;
- right to privacy and family life;
- opportunity to protect the family, the rights of the child;
- the right to express a position in the political life of a particular state;
- equal opportunities for all ethnic minorities.
First Protocol
This document empowers the citizens of those countries that have signed this agreement to protect their political and civil rights. It is on the basis of this document that the international European protection of human rights is carried out.
Our country assumed obligations under the agreement under consideration in 1991. Note that the decisions of the Committee are not considered binding, its powers include a recommendation to the state on the restoration of violated rights. This Committee also has the right to involve world public opinion in such activities.
Second Optional Protocol
Is an addition to the pact on political and civilrights, proposed the abolition of the death pen alty. The international protection of human and civil rights within the framework of the European community is also carried out by the Council of Europe, as well as by a special document that regulates human rights actions - the Jewish Convention for the Protection of Human Rights and Freedoms. The document was adopted in 1950.
European convention
The international legal protection of human rights within the framework of this document is related to the provision of:
- right to life;
- prohibition of inhuman treatment and torture;
- right to freedom, personal integrity;
- ban on slavery;
- right to be punished by law;
- prohibition of discrimination;
- the right to respect for family and private life;
- independence of conscience, religions:
- opportunity to express one's own position;
- the right to an effective remedy.
Several additional protocols are attached to this Convention at once. One of them is focused on protecting property, freedom of choice.
This document prohibits imprisonment if a citizen has debt obligations. The sixth protocol abolishes the death pen alty.
Our country joined the Convention only in 1998. Now every Russian who believes that he was undeservedly punished can use international human rights protection mechanisms.
Specificity of the European Court of Human Rights
This body acceptsfrom citizens complaints in the following situations:
- human rights violations that occurred after the signing of relevant treaties by Russia are accepted for consideration;
- complaint is accepted when 6 months have not passed from the period of violation and the issuance of a court decision;
- the essence of the appeal must be stated clearly, supported by evidence;
- it is forbidden to file a complaint with the UN Human Rights Committee and the European Court at the same time.
If the decision is made in favor of the victim, in this case, the European Court of Justice awards this person compensation for the violated rights.
The decisions of this court are final, they are not subject to appeal, they are binding on the participating countries, including Russia.
OSCE
The Organization for Security and Cooperation in Europe is dedicated to protecting the rights of citizens. It was established in 1975. It was then that the Act of the Conference on Cooperation and Security in Europe was signed. In addition to recognizing the sovereign equality of all countries, the inviolability of state borders, and the non-use of force, the Act proclaims the need to protect the freedoms and rights of citizens, including freedom of conscience, thought, belief, religion.
After the adoption of this document, an organized human rights movement appeared in the Soviet Union in the form of "Helsinki groups", which demanded that the authorities fully comply with international law.
Human rights activists were exiled, arrested, repressed, but it was their activities that led the authorities to change their position regardingprotection of human rights.
International Criminal Court
It has been operating since 2002 in The Hague. The competence of this body includes:
- crimes related to genocide - the intentional extermination of an entire national, ethnic, religious, racial group or part of it;
- actions against humanity - systematic or large-scale persecution that is directed against civilians;
- war crimes - violation of the customs and laws of warfare.
The creation of a criminal court made it possible to convict senior officials, heads of state, members of governments, which cannot be brought under domestic law.
The Tribunals for Rwanda and the Former Yugoslavia, the Tokyo trial, the Nuremberg Tribunal for war crimes and crimes against humanity can be considered as predecessors of the International Criminal Court.
At such trials, state-level criminals bore well-deserved punishment, but the norms of international humanitarian law were still applied to them.
Mechanisms for bringing war criminals to justice in the modern world are aimed at imposing a fair punishment for all citizens, regardless of their public office.
Importance of international instruments
Human rights are considered a global problem of our time and a priority area of cooperation between different states.
After the end of World War II, countries realized that whenviolation of the rights of civilians, violation of their honor and dignity, the world may find itself in another bloody conflict. The winning countries, together with other states, organized the UN.
The advanced world community sought to determine the minimum of freedoms and rights that can provide any person in any state with a secure existence.
The development and adoption of specific international legal documents, the implementation of which is mandatory for all countries that voluntarily recognized their moral, political, legal force, acted as a means to assert freedoms and rights.
For the first time in the history of human civilization, fundamental freedoms and human rights were created and recommended for use in all states. They are considered throughout the civilized world as standards, benchmarks for creating their own national documents, for example, sections of constitutions on the rights of citizens.
The concepts of "freedom" and "right" in this document are not identical, despite their semantic proximity.
A human right is a legalized, provided by the state, opportunity to do something.
Freedom of the individual implies the absence of constraints, restrictions in behavior, activities.
The creators of the Declaration, which proclaimed a universal minimum of freedoms and rights, relied on their understanding of the level of development of civilization. Note that the declaration is not considered a legally binding document, it is advisory for the states and peoples of the world.
Despite this, this document is of great practical importance. On the basis of the Declaration, legally binding treaties of an international nature concerning the rights of a citizen were developed and adopted.
Conclusion
The specificity of international treaties relating to fundamental human rights and freedoms lies in their active and fruitful operation using national internal law. It is important to implement them in specific legal acts of the country: laws, codes, decrees.
International protection of human rights in peacetime is a set of legal norms that define and consolidate in a contractual regime the norms on human rights and freedoms. It is also expected to think over international mechanisms for monitoring their observance, protecting violations of the freedoms and rights of an individual citizen.
In our country, considerable attention is paid to the observance of human rights and freedoms, enshrined in the Constitution of the Russian Federation. In case of violation, Russians have the right to defend their interests in international courts.
