Suchergebnisse

Despite very developed international mechanisms and the great efforts made by the international community and non-governmental national and international human rights organization, there are still a lot of problems in the field of human rights at the national level. Some states are constantly neglecting and violating human rights. Hence, it is crucially relevant to modernize the process of implementation, which could be a useful tool for managing with states' reluctance and unwillingness to fulfill their obligations. The main purpose of this master's thesis is to critically analyze the role of the individual in increasing the effectiveness of the implementation of international human rights obligations at the national level at the present stage of development of international human rights law. The main objectives of the thesis are: to define the concept of \"implementation\"; identify application problems of Article 2 of the ICCPR in Belarus; determine the place of the individual in the implementation process; identify trends in the development implementation process. The object of the master's thesis is the social and legal status of the individual in the implementation process. The first chapter analyzes the concept of implementation, its essential content, and also using the example of the right to peaceful assembly implementation in the Republic of Belarus demonstrates the ineffectiveness of the current mechanism of implementing international obligations in the absence of the state to perform them in good faith. The second chapter deals the evolution of the status of an individual in international law in general, and in human rights law in particular. This chapter also analyzes the status of an individual under the Declaration on Human Rights Defenders (Declaration on the Rights and Obligations of Individuals, Groups, and Organs of the Society to Promote and Protect Generally Accepted Human Rights and Fundamental Freedoms). The third chapter considers education and training in the field of human rights as a worldwide phenomenon. In addition, it analyzes such a social phenomenon as a culture of human rights and its importance for the effectiveness of the process of implementing international human rights standards at the national legal system, as well as the importance of human rights education for the formation of such culture. On the basis of the conducted study, using such methods as historical comparison, formal-logical method, as well as the method of generalization and system analysis, the author comes to the conclusion that the at the present stage of human rights law development of the role of the individual has been conceptually rethought and the awareness of the importance of the role of the individual for the effective implementation of international human rights obligations and standards at the national level has increased significantly, especially when the political will for faithful observance of the state's international obligations is lacking. Traditionally, the fulfillment of implementation of international legal obligations imposed on state and, therefore, depends exclusively on its behavior. In a case when political will is lacking such concept of implementation leads to a deadlock, as it is demonstrated in the present thesis using the example of the right to peaceful assembly implementation in the Republic of Belarus. To break the deadlock the international community is taking action to enhance the human rights culture of individuals through human rights education and training aimed at all members of society. Due to the awareness of the human rights value, universal respect for and observance of them as well as the formation of relevant knowledge, skills and ideas among individuals and development of their abilities and courage to promote, defend and protect human rights, human rights culture must prevent the violation of human rights and their abuse.

Despite very developed international mechanisms and the great efforts made by the international community and non-governmental national and international human rights organization, there are still a lot of problems in the field of human rights at the national level. Some states are constantly neglecting and violating human rights. Hence, it is crucially relevant to modernize the process of implementation, which could be a useful tool for managing with states' reluctance and unwillingness to fulfill their obligations. The main purpose of this master's thesis is to critically analyze the role of the individual in increasing the effectiveness of the implementation of international human rights obligations at the national level at the present stage of development of international human rights law. The main objectives of the thesis are: to define the concept of \"implementation\"; identify application problems of Article 2 of the ICCPR in Belarus; determine the place of the individual in the implementation process; identify trends in the development implementation process. The object of the master's thesis is the social and legal status of the individual in the implementation process. The first chapter analyzes the concept of implementation, its essential content, and also using the example of the right to peaceful assembly implementation in the Republic of Belarus demonstrates the ineffectiveness of the current mechanism of implementing international obligations in the absence of the state to perform them in good faith. The second chapter deals the evolution of the status of an individual in international law in general, and in human rights law in particular. This chapter also analyzes the status of an individual under the Declaration on Human Rights Defenders (Declaration on the Rights and Obligations of Individuals, Groups, and Organs of the Society to Promote and Protect Generally Accepted Human Rights and Fundamental Freedoms). The third chapter considers education and training in the field of human rights as a worldwide phenomenon. In addition, it analyzes such a social phenomenon as a culture of human rights and its importance for the effectiveness of the process of implementing international human rights standards at the national legal system, as well as the importance of human rights education for the formation of such culture. On the basis of the conducted study, using such methods as historical comparison, formal-logical method, as well as the method of generalization and system analysis, the author comes to the conclusion that the at the present stage of human rights law development of the role of the individual has been conceptually rethought and the awareness of the importance of the role of the individual for the effective implementation of international human rights obligations and standards at the national level has increased significantly, especially when the political will for faithful observance of the state's international obligations is lacking. Traditionally, the fulfillment of implementation of international legal obligations imposed on state and, therefore, depends exclusively on its behavior. In a case when political will is lacking such concept of implementation leads to a deadlock, as it is demonstrated in the present thesis using the example of the right to peaceful assembly implementation in the Republic of Belarus. To break the deadlock the international community is taking action to enhance the human rights culture of individuals through human rights education and training aimed at all members of society. Due to the awareness of the human rights value, universal respect for and observance of them as well as the formation of relevant knowledge, skills and ideas among individuals and development of their abilities and courage to promote, defend and protect human rights, human rights culture must prevent the violation of human rights and their abuse.