The article analyzes the key historical stages of the formation of human rights. It is determined that each person has a certain spectrum of a priori rights. And today, most democratic countries in the world are striving to ensure that these rights are not only formal but also implemented in practical terms. That is why the last half of the XX century marked the emergence of international recognition of human rights. The author of the article also believes that the mechanisms of ensuring, guaranteeing or observing rights in society begin with its high moral standard, where the person does not infringe the rights of other individuals, or even in the event of such an attack, will consciously follow the punishment provided by the state. In this article, the term human rights was deliberately used, since the author considers it more justified in this context, given that it is a more general category that covers "human and civil rights and freedoms". In other cases, such phrases may be used as "human rights" or "fundamental, fundamental or fundamental rights." Both of these terms have the right to exist and each of them is found in separate European documents. Separately, the article explores the distinction between law and freedom, which is a separate argument to the emergence of a cumulative category, which may include rights and freedoms. Another argument in favor of this opinion, the author calls the possibility of the existence of not only human rights, but also non-human rights, in particular, it is about the rights of animals.
The article is devoted to the study of the main trends in the development of non-human rights, the analysis of European and national legislation on this issue. The appearance of non-human rights is viewed through the prism of human dignity, the author supports the idea that dignity is an advantage of man and at the same time signifies his ability to "rule over other creatures, to create human civilization and its benefits, other socially significant things". After analyzing the basic doctrinal views on animal rights, the logical assumption is made that a person or an animal should be at least equal in two aspirations: preserving one's life and avoiding pain. This, in turn, automatically means the possibility of existence for these creatures: the right to life, the right to protection against personal injury, the prohibition of torture and the prohibition of moral harm. The four major Conventions adopted by the Council of Europe, which actually lack a clear list of animal rights, and the World Declaration of Animal Rights adopted by the International League of Animal Rights, which contain such a list of rights, as well as national legislation in the form of the Law of Ukraine on the Protection of Animals against Cruelty, are also analyzed ". After that, the author concludes that with the exception of such European countries as Spain, Switzerland and Germany, where animal rights are defined and enshrined at the legislative and general legal levels, the major world trends testify to their neglect and lack of study. This is the main reason why it is not possible to change the animal cruelty that prevails in society in some places.
This article is devoted to the study of human rights restrictions in Ukraine. The author states that there is an increasing tendency of human rights restriction in Ukraine. Both the state and private persons are the subjects of violation of human rights. In the legislative policy this tendency has increased since the parliamentary election in 2014. That year is known as the beginning of the in Ukraine. But most of the restrictions of human rights made by the laws of Ukraine (which violate the Constitution of Ukraine) since then have no relation to military activities and national security. The author identifies a number of tendencies: 1) recent amendments to Ukrainian legislation not only limit constitutional rights but also violate the principles of law and constitutional guarantees of human rights; 2) due to the usage of modern informational technologies, violations of the right to privacy are total; however, the law-enforcement agencies do not struggle with such violations systematically; 3) many constitutional human rights are violated by the laws devoted to family relations; those laws are being passed by the Parliament of Ukraine with the very high speed that is not quite usual for legislative process in Ukraine; 4) both the state and private persons use modern technologies to violate human rights; on the
basis of modern technologies new ways of violation of human rights appear. Conclusions. The restrictions of human rights, provided by the laws, always have some reasons. But neither political, nor economical, nor social nor any other interest can be the reason for violation of human rights and freedoms. "In spite of the fact that the air was never so full of theories of liberty and wild declarations of «rights», there has been a steady curtailment of «personal freedom»". These words of the great American Henry Ford are so relevant for modern Ukraine.
It is shown that the origins of the modern concept of human rights as the leading political and legal doctrine are in the horizon of the formation of philosophical knowledge. The ideas of the thinkers of antiquity, the Middle Ages and the New Age regarding freedom, equality, justice and human dignity, which constitute the basic principles and values of the concept of human rights, are considered. The genesis of human rights occurs in the context of the development of natural-legal thinking and the search for a balance between indi- vidual happiness and public good. It is proved that modern ideas about human rights are based on philosophical concepts, the quintessence of which was the proclamation of the autonomy and freedom of the individual.
The article discusses the protection of human rights in a legal and democratic country. In the context of the human rights protection, the concept of the rule of law and the principle of the rule of law, based on the distinction between law and principle, is explored. It also examines that the state practically acquires the characteristics of social harmony when it has the goal of realizing the human right to a decent life, imposes obligations to perform a significant social function – the implementation of social policies aimed at developing and implementing a system of reforms and social protection measures. The reality indicates that a person is less protected before the state and the mechanism of its responsibility is quite effective, unlike the mechanism of responsibility before the person, in Ukraine it practically does not work. And the latest in the context of the development of a legal state is evidence of a certain level of democratic transformations. Therefore, special attention in the context of the formation of a legal state should be paid to the institution of responsibility before a person, as one of the basic guarantees of human rights and freedoms enshrined in current legislation. Thanks to this, a weakening of the state's pressure on society is achieved, and at the same time the possibility of its control over the actions of the state and the decisions of its organs and officials is increased.
The article deals with historical development of the human rights institute through concept positions of the most popular figures of the researched period. Creative heritage of Georg Wilhelm Friedrich Hegel has been analyzed. The subject of his works was a human being, his rights and freedoms as well as the role in the state. According to Hegel the person as a member of society and a part of the state should bear responsibility for his/her acts to avoid general arbitrariness and violation of the rights and freedoms of other people which could have a big impact on the development of the researched institute. John Locke has basic principles of human rights in his works such as freedom, equality and the right to life, the state is some guarantor for achievement of protection of these rights. The philosopher presented a new idea that the person could protest against the government which could not satisfy the interests of population and replace it with a new one which could accomplish this goal. Integrity of the philosopher regarding restriction of the arbitrariness of the state power and its division in parliamentary, federal and executive for satisfaction of people's interests. Samuel von Pufendorf developed the idea of natural law and duties of the person and citizen. Pufendorf considered representation of natural law in the person's behavior and friendly features which he/she had and described that he/she had to behave the way to benefit society. Charles Louis de Montesquieu drew particular attention to interpretation of difference between positive and natural law by concluding that (positive) law could be fair only if it complied with natural law. Jean-Jacques Rousseau stated that laws should be created by people to keep the highest virtue which are represented in freedom and equality lying in economic and legal development of the state.
Problem setting. Although modern humanity has proclaimed the universality of human dignity and desperately upholds this value, which is fully in harmony with freedom, equality andfraternity, the truth is that in reality it has not yet been able to go beyond the status of a citizen of the nation state in its legal and political conventions. . In this sense, a very important issue is the representation of the real situation around the categories of «universal citizenship», «human rights» and «globalization» in the midst of the geopolitical conflict in Latin America caused by the persecution of 21st century socialism. Paper objective. This critical essay aims to discuss the real significance of such political and legal categories as «universal citizenship», «human rights» and «globalization» in the midst of the geopolitical conflict that led to the persecution of 21st century socialism in Latin America. Methodology. The methodologicalfield of the research uses documentary observation and dialectical hermeneutics, which help to compare and reconcile categories with different semantic contexts to reconstruct their true meaning. The technique of writing this research was the methodological procedure of the hermeneutic circle, which is a sequential analysis of numerous written documentary sources, combined in a kind of dialogic context with hidden messages that can be read between the lines, as well as interpretive theories and critical thinking. Paper main body. There is much in common between the contemporary political and philosophical programs of the Western cultural space, ofwhich Latin Americans are a part, and the ideas of universal citizenship, globalization, and human rights in a spirit of deep militant universalism that function fully today not only as abstract theories at the disposal of peoples and nations who continue to work to improve their living conditions and strengthen their freedom to exist and act in a better world. As for the tradition of human rights as a modern expression of natural law, it ...
The processes of world globalization have a significant impact on all spheres of society, in particular on the realization of human rights, which is accompanied by specific collisions and conflict situations at the regional level. In many cases, the limits of the realization of human rights are conditioned by certain socio-cultural characteristics and sustainable traditions that do not correspond to common civilizational values and impede the implementation of international human rights standards in national legal systems. The universal nature of human rights, enshrined in paragraph 5 of the Vienna Declaration and Program on Human Rights Action (1993), provides that all human rights are universal, indivisible, interdependent and interrelated. The international community must treat human rights in a fair and equitable manner, with due regard for globalization processes, with the same approach and focus. The significance of national and regional specificities and different historical, religious and regardless of their political, economic and cultural systems, have obligations to promote and protect all human rights and basic freedoms. This statement expresses the positions that are essential when considering the human rights situation at the regional level. First, recognizing human rights as universal for the international community means their global character. Secondly, regardless of their political, economic and cultural systems, states have a duty to promote and protect all human rights and freedoms. International standards are intended to eliminate the differences in the realization of human rights and freedoms that are manifested at the global and national levels, and to assert their universal character. Adherence to the traditional values of culture and religion cannot be ignored in contemporary context, as sociocultural diversity has a profound effect on the implementation of international human rights standards in different civilizational spaces. Human rights, which are inherent in all countries due to their natural properties, are recognized in international instruments as being not subject to any restrictions and deviations, at the same time they are different at the regional level in used approaches. In practice, thisresults in restrictions and, in some cases, violations that require response from the international community. ; Процеси світової глобалізації відчутно позначаються на усіх сферах життєдіяльності суспільства, зокрема, на реалізації прав людини,що супроводжується на регіональному рівні окремими колізіями. В багатьох випадках межі реалізації прав людини обумовлені певними соціокультурними особливостями та усталеними звичаями, які не відповідають загально цивілізаційнимцінностям та перешкоджають впровадженню міжнародних стандартів прав людини в національні правовісистеми. Універсальний характер прав людини, закріплений у п. 5 Віденської декларації та Програмі дій з прав людини (1993), передбачає, щоусі права людини є універсальними, неподільними, взаємозалежними і взаємопов'язаними. Міжнародне співтовариство повинно ставитися до прав людини, враховуючи процеси глобалізації, на справедливій і рівній основі, з однаковим підходомі увагою. Хоча значення національної і регіональної специфіки і різних історичних, релігійних і культурних цінностей, правових традицій необхідно мати на увазі, в той же час, держави, незалежно від їх політичних, економічних і культурних систем, мають обов'язок заохочувати і захищати усі права людини та основні свободи. У цьому твердженні виражені позиції, що є істотними при розгляді ситуації щодо реалізації прав людини на регіональному рівні. По-перше, визнання прав людини в якості універсальних для міжнародного співтовариства означає їх глобальний характер. І по-друге, незалежно від їх політичних, економічних і культурних систем, держави зобов'язані заохочувати і захищати усіправа і свободи людини. Міжнародні стандарти покликані скасувати відмінності щодо реалізації прав і свобод людини, які проявляються на глобальному і національному рівнях, стверджувати їх універсальний характер.Прихильність до традиційних духовних цінностей не можна ігнорувати в умовах сучасності, оскільки соціокультурна багатоманітністьмає величезний вплив на впровадження міжнародних стандартів прав людини в різні цивілізаційні простори. Права людини, які притаманні усім країнам і народам завдяки своїм природним властивостям, визнані у міжнародних документах як такі, що не підлягають жодним обмеженням і відхиленням, на регіональному рівні відрізняються у своїх підходах. На практиці це призводить до їх обмежень і подекуди порушень, що потребує реагування з боку міжнародної спільноти.
The article deals with the problem of human trafficking as one of the most important and complex problems. Human trafficking is reflected in many forms. With society's development such forms are becoming increasingly complex. The analysis of the case law of the European Court of Human Rights is important in the context of the interpretation of the concept of trafficking in human beings. Article 4 of the European Convention for the Protection of Human Rights does not contain the direct prohibition of human trafficking. Nevertheless, human trafficking is covered by Article 4 of the Convention. The Court emphasizes the importance of interpreting the Convention in the current circumstances and challenges because it ensures the effective protection of human rights. This topic becomes especially relevant for our country in the context of the interpretation of the concept of human trafficking by the European Court of Human Rights due to the importance of combating human trafficking. At the same time, as Ukraine is currently adapting its legislation to European standards, it will be useful to understand how human trafficking is interpreted by the European Court of Human Rights. It is important for national courts to apply the case law set by the European Court, because it ensures the clarity and universal understanding of the Convention, sets certain standards of justice, specifies and develops convention provisions.
The authors of the article carried out a comprehensive analysis of the problems of the relationship between the two basic principles of constitutionalism - national sovereignty and human rights through an integrative approach. This relationship was considered in the context of two basic legal theories, namely, the concept of democratic values and participatory (participatory) democracy. The first concept focuses on legal values, and the second -on the legitimate procedure for their adoption. An inextricable connection between popular sovereignty and human rights due to the very nature of a person who combined in him-herself the inherent, inalienable right to personal freedom with the need to be a part of a natural communication space as a legal environment to ensure his/her vital interests and needs. The key aspect that characterizes the formation of a person is communication. Just communicative orientation of the individual creates natural conditions for the existence of law as a result of inter-subjective interdependent relationship. People's sovereignty is not absolute, it ends where an individual life begins. The observance of civil (personal) human rights is a condition for the functioning of a democratic society. They determine the inviolable boundaries of possible interference from the side of the state and society in the personal space of a person, which can be described as follows. The internal relationship between national sovereignty and human rights is due to the fact that civil rights are intended to guarantee every level the chances of achieving their vital intentions and provide reliable legal protection, while the realization of political rights of citizens through the direct participation in the process of democratic legitimation is an effective mechanism, protection of personal freedom
This article analyzes the historical , philosophical and contemporary approaches to defining the essence of human rights. Author determined the significance of the Universal Declaration of Human Rights and fundamental principles - democracy and humanism. Deals with the philosophical and anthropological approach to understanding the essence of human rights, which is based on the principle of freedom . Philosophical and legal discourse is to combine the plurality of knowledge that define human rights, their relation to the rule of law. Keywords: human rights, rule of law, freedom, philosophical and legal discourse. ; Проаналізовано історико-філософський і сучасний підходи у визначенні суті прав людини. Виокремлено значущість Загальної декларації прав людини й основні принципи – демократії та гуманізму. Висвітлено філософсько-антропологічний підхід в осмисленні суті прав людини, в основу якого покладено принцип свободи. Ключові слова: права людини, правова держава, свобода, філософсько-правовий дискурс.
The article explores the activities of the European Court of Human Rights. In recent years, many papers have been published on the issue of defining the "standard of proof" and its implementation in national law. The content of the concept of "standard of proof" is explained in the article. Its nature is revealed. Its features are identified and constituent parts of this concept are provided. Its interdependence with the concept of "inner conviction" is substantiated. Criteria for establishing an 'standard of proof' are provided, such as: - the existence of a body that sets these 'standards'; - fixing certain requirements for the content of a certain "standard" in legislative acts; - compliance with these "standards" by other bodies, etc.; - punishment for failing to comply with the requirements of "standards". The activities of the European Court of Human Rights are analyzed. The basic principles of its activity are noted, which include: General principles: -the principle of the rule of law; - the principle of legality; - the principle of justice; - the principle of proportionality of intervention. Special principles include the following: - the principle of "least common denominator"; - the principle that there are no barriers to the inadmissibility of evidence or a pre-determined formula for evaluating it "; - the principle of proportionality; - the principle of discretion; - the principle of additionality; - the principle of effectiveness of the Convention; - the principle of autonomous understanding. It argues that it is impossible to speak of "standards of proof" in the European Court of Human Rights. Such concepts as "beyond reasonable doubt", "equality of arms", "weighing of opposing interests", "evaluation of the fairness of the process as a whole" the author reveals through the case law of the ECtHR, namely " Abu Zubaydah v. Lithuania"," Gäfgen v. Germany "," Imbrioscia v. Germany Switzerland "," Magee v. Switzerland the United Kingdom ». In addition, the content of these decisions is disclosed in ...
The article is devoted to the study of the theory of institutional and organizational guarantees of fundamental human rights in Ukraine and Germany. The article analyses the scientific studies of Ukrainian and German scientists, which reflect the doctrine of institutional and organizational guarantees of fundamental rights. The legislation of Ukraine and Germany was also investigated from the point of view of the normative regulation of the named guarantees of fundamental rights. The analysis of the Ukrainian doctrine on the guarantee of human rights and freedoms makes it possible to determine its following features: 1) institutional and organizational guarantees of human rights are defined by the constituent elements of the system of human rights guarantees; 2) they belong to the special (legal or legal) guarantees of human rights; 3) the guarantees of human rights directly depend on their official affirmation in the legislation of Ukraine, because it is they that they find their objective reflection; 4) the guarantors of human rights and freedoms are authorized to determine the basic rights and freedoms of man and citizen, to establish mechanisms for their implementation and protection; 5) human rights guarantors are mainly public authorities that have a normatively defined function to guarantee and secure one or more human rights. The study of the German and Austrian doctrine of basic human rights allows us to determine the following characteristics: 1) basic human rights give rise to guarantees for the individual as their carrier. This is one of their central functions; 2) fundamental rights are directed against the state. These are restrictions for: a) the legislation of the Federal Republic of Germany; b) executive power; c) jurisdiction; 3) the state is not the creator of fundamental rights, it only recognizes the fact of their existence. The realization of fundamental rights does not depend on the level of their consolidation in the legislation; 4) the system of guaranteeing fundamental rights includes: ...
The article reveals the essence and content of the constitutional foundations of human rights activities in Ukraine, examines the main subjects, methods and forms of this activity, in relation to the protection of fundamental human rights and freedoms. The authors indicate that human rights activities as an object of numerous researches about their methods, mechanisms, subjects and forms have passed, on the authors opinion, their rocky way from the natural human rights acknowledgement and search for the mechanisms of the affirmation and guarantee thereof, to the human rights activities as a special constitutional legal activity, from static procedural characteristics to dynamic processual features. At the same time, human rights activities get powerful development simultaneously with the emergence of constitutionalism and the practice of normalizing human rights and freedoms in the constitutions. We shall indicate that human rights and freedoms and affirmation, exercise and protection of them absolutely deservedly have become one of the key subjects of constitutional law-making and law-enforcement practice in 21st century. Thus, national protection of human and civil rights and freedoms is regarded as legislative and law-enforcement practice in the field of human rights which reflects specific historical and cultural traditions and the level of socio-economic development of the country. We can conclude that human rights protection constitutes a necessary integral and inevitable component of the legal sphere, the focus of its development and one of the forms of the essence of law expression. The effectiveness of such protection is due to the constructiveness of the interaction of the entire set of elements of the legal mechanism for the implementation of human rights protection in Ukraine. Today, the main objective of human rights activities in Ukraine is protection and restoration of human rights and freedoms established and guaranteed by the Constitution, creation of the proper conditions ensuring human life ...
Annotation: In late 2014, the mother of a young woman who was on board the Malaysia Airlines aircraft which was shot down over eastern Ukraine in the summer of 2014 brought a case against Ukraine before the European Court of Human Rights. The applicant claimed that Ukraine had failed to close its airspace and in doing so had violated the human rights of her daughter. This raises a number of issues concerning the applicability of the European Convention on Human Rights to the current situation in parts of Ukraine which are not under the full control of the Ukrainian government. Both Russia and Ukraine are parties to the European Convention on Human Rights. Every victim of a human rights violation who was under the jurisdiction of a state party at the time in question can bring a case to the European Court of Human Rights. The issue of jurisdiction is distinct from the title to a territory under international law. It is possible that Russia, directly or indirectly, is exercising jurisdiction in some parts of Ukraine. This, however, does not mean that Ukraine would have lost all legal responsibility. There might still be a residual responsibility of Ukraine. In addition, the question has to be asked if there are domestic remedies which would have to be exhausted before bringing a case to the European Court of Human Rights. Residents of parts of Ukraine currently controlled by Russia should not be required to exhaust remedies offered by Russia in order for their case to be admissible to the European Court of Human Rights.Key words: Ukraine, Russia, Crimea, Donbass, European Convention on Human Rights, European Court of Human Rights, MH17.
