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International protection of human rights in peacetime and wartime
At the heart of international human rights agreements and conventions is the principle that certain fundamental rights and freedoms must be respected in all situations, including armed conflicts. Under Armed international conflict(war) refers to an armed confrontation between several states. A non-international armed conflict is a confrontation within one state between the government and anti-government forces (rebels). The state has the right to independently solve internal problems, including the use of force to restore law and order on its territory, and introduce a state of emergency.
Rules and customs of warfare Hague law (Hague conventions and treaties) Geneva law (Geneva Conventions) Means and methods of warfare Protection of victims of war (sick, wounded, shipwrecked, prisoners of war, civilians) From the beginning of hostilities, regardless of the reasons The emergence and nature of the conflict are governed by the rules of international humanitarian law, which are binding on all participants.
Prohibited Methods: treacherous killing or wounding of persons belonging to the civilian population or enemy troops; an order not to leave anyone alive, a threat to do so, or the conduct of hostilities on this basis; taking hostages, killing or wounding enemy soldiers who have laid down their arms; improper use of international emblems, signals, etc. terror against civilians; forcing enemy citizens to participate in hostilities against their country;
attacks on unprotected settlements, looting of populated areas; destruction of life support facilities for populated areas, attacks on structures containing forces (dams, nuclear power plants, etc.); attack on objects marked with the emblem of the Red Cross or Red Crescent; destruction of monuments and other cultural values. Methods Prohibited
Prohibited Asphyxiants, poisonous gases and liquids; bacteriological, toxin and chemical weapon, as well as indiscriminate weapons; explosive paths that unfold in the human body and other means of destruction, which, when injured, increase the suffering of people; booby traps and devices that are similar in appearance to children's toys and other harmless objects; weapons that produce fragments that cannot be detected in the human body by X-rays; incendiary weapon.
UN specialized agencies related to ensuring and protecting human rights International Labor Organization (ensuring and protecting the right to work); United Nations Educational, Scientific and Cultural Organization (UNESCO) (ensuring and protecting the right to education and cultural rights); World Health Organization (ensuring and protecting the right to health, including the problem of HIV/AIDS); Food and Agriculture Organization of the United Nations (fight against hunger); United Nations Children's Fund (UNICEF) (protection of children's rights); Office of the United Nations High Commissioner for Refugees (ensuring and protecting the rights of refugees and displaced persons); International Criminal Court (investigation and punishment of war crimes against humanity); International Criminal Tribunals for Rwanda, the former Yugoslavia, etc.
Ensuring and protecting human rights and freedoms in peacetime and wartime is carried out by state governments, regional and global official and non-governmental organizations. The United Nations (UN), created after World War II, plays a significant role in the protection of human rights and freedoms, which adopted the Universal Declaration of Human Rights, other human rights documents, and the Convention on the Rights of the Child. The UN and organizations operating under its auspices strive for the realization of human rights and freedoms and protect them in peacetime and wartime.
UN Security Council UN General Assembly High Commissioner for Human Rights (coordinates the work to protect human rights throughout the UN system) Economic and Social Council
UN General Assembly Human Rights Council Committee against Torture Committee on the Elimination of Racial Discrimination Committee for the Protection of the Rights of Migrant Workers
Committee on the Elimination of Discrimination against Women Economic and Social Council Committee on Economic, Social and Cultural Rights Committee on Human Rights Committee on the Rights of the Child
Economic and Social Council Commission on Sustainable Development Commission on the Status of Women Commission on Population and Development Commission on Crime Prevention and Criminal Justice Commission for Social Development Special Rapporteur for Monitoring the Implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities Permanent Forum on Indigenous Issues
The decision to create the International Criminal Court and the adoption of its status is the beginning of a qualitatively new stage in the development of interstate relations and international law. For the first time since Nuremberg trials above Nazi criminals The international community has decided to create a permanent supreme court that will be able to pass judgment on all those guilty of war crimes and crimes against humanity, regardless of their official position.
International crimes Actions aimed at starting or waging a war of aggression Crimes against humanity War crimes
The Statute of the International Criminal Court includes over 50 different violations of the Geneva Conventions of 1949, as well as other laws and customs of war, as war crimes. War crimes and crimes against humanity are not subject to statute of limitations. Responsibility arises regardless of the place and time of their commission. Any state is obliged to treat such persons as criminals. If the individual who committed an international crime acted on behalf of the state, the state itself may be brought to international legal responsibility.
In Europe, in addition to the Human Rights Convention, the European Social Charter, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and the European Charter for Regional or Minority Languages have been adopted. Convention for the Protection of National Minorities, etc. To implement these documents, the European Committee of Social Rights, the Committee for the Prevention of Torture, and the European Commission against Racism and Intolerance operate.
On November 4, 1950, the European Convention on Human Rights was signed in Rome (Russia ratified the Convention in 1998). The Convention ensures the implementation of civil and political human rights. Among other rights, the right of individual appeal to the European Court of Human Rights is established. A court of ten judges (on rare occasions a Grand Chamber of 21 judges convenes), including a judge representing the country whose case is pending before the Court, determines whether the Convention has been violated. If the application is accepted, the Court seeks a peaceful resolution of the case (for example, an article of legislation is changed, the applicant is awarded compensation).
the applicant has exhausted all possibilities of protection of rights in his state; the applicant is a victim of a violation by the State; the applicant applied to the European Court in the prescribed form no later than six months from the date of the final decision on the case by the national authorities; the rights enshrined in the European Convention have been violated; the violation of rights occurred after the date of ratification of the Convention by the state. Conditions for the European Court to accept a case for consideration
In the 70–80s. In the 20th century, international humanitarian law emerged as a special institution of modern international law, the purpose of which is to protect victims of armed conflicts. In general usage, the word "protection" means the provision of shelter, shelter, shelter; preservation from adverse influences. In international humanitarian law, the object of protection is necessarily a person, and it is provided in conditions of armed conflict. Protection, as the word is used in international humanitarian law, therefore means any action whose purpose is to protect victims of armed conflicts from possible danger, suffering and abuse of power.
International humanitarian law contains a set of norms designed to provide a person who finds himself in the power of the opposing party with a certain quality of life and respect for personal dignity, however, within the framework of reality, i.e., taking into account military necessity. These rules provide that the person in question must be treated humanely and guaranteed basic safety, since he may be at risk of arbitrariness on the part of the authorities in whose hands he is located. That is why protection can only be provided with the consent of the relevant authorities, who are obliged to do so by international humanitarian law. The year 1864 was marked by the beginning of the codification, concretization and development of these norms on the initiative of Henri Dunant and then the International Committee of the Red Cross, of which he was one of the founders. Currently, the main sources of international humanitarian law are the four Geneva Conventions for the Protection of Victims of War of 12 August 1949:
· Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field (First Geneva Convention);
· Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea (II Geneva Convention);
· Convention relative to the Treatment of Prisoners of War (III Geneva Convention);
· Convention relative to the Protection of Civilian Persons in Time of War (IV Geneva Convention);
Protocol I, relating to the protection of victims of international armed conflicts;
Protocol II concerning the protection of victims of non-international armed conflicts.
As well as the IV Hague Convention of 1907 and the Regulations on the Laws and Customs of Land War, which is an annex to it.
Along with universal international treaties, the sources of international humanitarian law are regional treaties, including highest value for us is the Agreement concluded within the CIS on priority measures to protect victims of armed conflicts of September 24, 1993.
The International Committee of the Red Cross prepared the text of the IV Geneva Convention and both Additional Protocols, and in 1965 adopted resolution XXVIII, entitled “Protection of civilian victims from the scourge of war.”
On December 19, 1968, the UN General Assembly adopted the well-known resolution 2444 (XXIII) “On human rights during armed conflicts,” which served as the impetus for the adoption of a number of clarifying and developing international legal acts aimed at protecting victims of war.
A conflict is armed if it involves at least one of next steps:
a) invasion of the armed forces of one state into the territory of another state;
b) capture or injury of at least one combatant from the armed forces of the other side;
c) internment or forced capture of at least one civilian of the other belligerent
Although the law of war has existed for many centuries, the term combatant was defined only in 1977. Clause 2 of Art. 43 of Protocol 1 states: “Persons who are members of the armed forces of a party to the conflict (except for medical and religious personnel) are combatants, that is, they have the right to take direct part in hostilities.” This right, as well as the status of combatants, is directly related to their right to be considered prisoners of war if they fall into the power of the opposing side (Article 44, paragraph 1). He is obliged to comply with the rules of international law applicable in armed conflicts and bears individual responsibility for any violations of these rules he commits. But even such violations “do not deprive the combatant of his right to be considered a combatant or, if he falls into the power of the adverse party, of his right to be considered a prisoner of war.”
Based on Art. 4 of the III Convention, the following categories of combatants can be distinguished:
· personnel of the armed forces of a party to the conflict, even if they consider themselves to be subordinate to a government or authority not recognized by the enemy;
· members of other militias or volunteer units, including members of organized resistance movements belonging to a party to the conflict and operating in or outside their own territory, even if that territory is occupied, if all these groups meet four conditions:
a) are headed by a person responsible for his subordinates;
b) have a definite and clearly visible from afar distinctive sign;
c) openly carry weapons;
d) comply with the laws and customs of war in their actions.
Various categories of persons who do not fall within the definition of combatants given above or are not combatants are entitled to the status of prisoners of war.
These include:
· persons taking part in spontaneous mass armed uprisings, when the population of an unoccupied territory, when the enemy approaches, voluntarily takes up arms to fight the invading troops, without having time to form into regular troops, if they openly carry weapons and comply with the laws and customs of war;
· persons who follow the armed forces, but are not directly part of them (for example, accredited war correspondents);
· crew members of merchant fleet ships and civil aviation crews of the parties to the conflict;
· persons belonging to the armed forces and serving in civil defense organizations (Article 67 of Protocol I).
When considering the issue of combatants, it is necessary to specifically single out persons acting as part of the so-called irregular armed forces, and above all participants guerrilla warfare. Under partisans refers to individuals organized in detachments that are not part of regular armies, fighting primarily behind enemy lines in the process of a just war against foreign invaders and relying on the sympathy and support of the people. International law connects the assignment of the status of a lawful combatant to each guerrilla individual with his fulfillment of a number of specific conditions, which I mentioned above when considering the issue of categories of combatants.
The regime of military captivity is intended to ensure not only the preservation of the life of a prisoner of war, but also the protection of his inalienable human rights. In this regard, it must always be remembered that prisoners of war are in the power of the enemy Power, and not of the individuals or military units that took them prisoner (Article 12 of the III Convention). Consequently, the enemy state is responsible for everything that happens to prisoners of war, but this does not, however, detract from the individual responsibility of individuals in the event of their violation of the rules for the treatment of prisoners of war. The III Convention regulates in detail the procedure for holding prisoners of war:
– their accommodation, provision of food and clothing;
– hygiene requirements and provision of medical care;
– religious, intellectual and physical activities, etc.
In accordance with Art. 122 belligerent countries are required to establish information bureaus for prisoners of war, which must provide answers to all questions related to prisoners of war.
III Convention establishes the institution of trustees. Art. 79 provides that in all places of detention of prisoners of war, with the exception of those where officers are held, prisoners of war have the right freely, by secret ballot, to elect proxies who shall represent them before the military authorities. In camps for officers and persons equivalent to them and in mixed camps, the senior-ranking prisoner of war officer is recognized as a confidant. Using the prerogatives and benefits listed in Art. 81, prisoners of war's confidants promote their moral and physical well-being. It should also be noted that the parties to the conflict, for humanitarian reasons, should try to repatriate prisoners of war, without waiting for the end of the war, and, if possible, on a reciprocal basis, that is, through the exchange of prisoners. Concluding the review this issue, it must be emphasized that prisoners who do not have the recognized status of prisoners of war, nevertheless, always have the right to the basic guarantees provided for in Art. 75 Additional Protocol I.
If you look at the history of wars, you can see that the civilian population suffers the most from the consequences of hostilities, and in the 20th century this situation acquired a terrifying trend. Thus, during the First World War, 95% of casualties were military personnel and only 5% were civilians. During the Second World War, the picture was completely different: 75% of casualties were civilians and 25% were military personnel. In some modern armed conflicts, over 90% of casualties are civilians. These figures clearly demonstrate the need to protect individual civilians and the civilian population as a whole from the consequences of war.
The first attempt to define “civilian” and “civilian population” was made by the authors of the IV Geneva Convention relative to the Protection of Civilian Persons in Time of War. According to Art. 4 The protection of this Convention includes persons who, at any time and in any manner whatsoever, in the event of a conflict or occupation, are in the power of a party to the conflict or of an Occupying Power of which they are not nationals.
And the exceptions are:
a) citizens of any state not bound by the provisions of this convention;
b) citizens of any neutral state located on the territory of one of the belligerent states, as long as the state of which they are citizens has normal diplomatic representation with the state in whose power they are;
c) citizens of any belligerent state (under the same condition);
d) persons protected by the three other Geneva Conventions: the wounded, sick and shipwrecked, as well as prisoners of war.
Clause 1 Art. 50 states: “A civilian is any person who does not belong to one of the categories of persons specified in Art. 4 III Convention and Art. 43 of this Protocol."
In other words, a civilian is any person who does not belong to the category of combatant.
According to Protocol I, the civilian population consists of all persons who are civilians.
In all circumstances it is prohibited:
· acts of violence or threats of violence with the primary purpose of terrorizing the civilian population;
· attacks of an indiscriminate nature, regulated in detail by clauses 4 and 5 of Art. 51 Protocol I;
· reprisal attacks on the civilian population or individual civilians;
· using the presence or movement of the civilian population or individual civilians to protect specific points or areas from hostilities, in particular in attempts to protect military objectives from attack or to cover, assist or impede hostilities. Of course, it is prohibited to use starvation among civilians as a method of warfare (Article 54).
· International humanitarian law recognizes two categories of armed conflict.
The quintessential provisions of international humanitarian law applied in times of armed conflict are the following:
Basic Rules:
1. Persons out of combat (hors de combat) and those who do not directly participate in hostilities have the right to respect for their lives and to moral and physical integrity. In all circumstances they have the right to protection and humane treatment without any discrimination.
2. It is prohibited to kill or maim an enemy who is surrendering or is out of action (hors de combat).
3. The wounded and sick must be selected and cared for by the party in the conflict in whose power they are. Medical personnel, facilities, vehicles and equipment are also protected. The emblem of the red cross or red crescent signifies the right to such protection and must be respected.
4. Captured combatants (hereinafter referred to as combatants) and civilians in enemy-controlled territory have the right to respect for their lives, dignity, personal rights and beliefs. They must be protected from violence and reprisals and have the right to correspond with their family and receive assistance.
5. Everyone has the right to basic legal guarantees. No one should be subjected to physical or mental torture, corporal punishment, or cruel or degrading treatment.
6. The parties to the conflict and their armed forces cannot use an unlimited choice of methods and means of warfare. The use of weapons and methods of warfare which by their nature are likely to cause unnecessary casualties or excessive suffering is prohibited.
7. Parties to a conflict are obliged to distinguish at all times between civilians and combatants and to spare civilians and property whenever possible. Neither the civilian population as a whole nor individual civilians should be the target of attack.
Topic plan:
I. International humanitarian law
1.1 The concept of “international humanitarian law”
1.2 Principles of International Humanitarian Law
1.3 Basic provisions of international humanitarian law
II. International humanitarian law in times of armed conflict
2.1 Basic rules of international humanitarian law applicable during armed conflicts
III. System of international human rights protection
3.1 International human rights bodies
3.2 The main mechanisms used by international bodies monitoring the observance of human rights
International humanitarian law– a set of norms that define human rights and freedoms that are common to the international community. Establishing the obligations of states to consolidate, ensure and protect these rights and freedoms and providing individuals with legal opportunities for their implementation and protection.
📖 Sources of modern international humanitarian law.
📖 Universal Declaration of Human Rights 1948
📖 1966 International Covenant on Civil and Political Rights
📖 1966 International Covenant on Economic, Social and Cultural Rights
📖 1979 Convention on the Elimination of All Forms of Discrimination against Women
📖 1965 International Convention on the Elimination of All Forms of Racial Discrimination
📖 CIS Convention 1995 on Human Rights and Fundamental Freedoms
📖 Geneva Conventions of 1949 for the Protection of Victims of War
📖 Other multilateral and bilateral international acts, many of which have been ratified by the Russian Federation;
Principles of international humanitarian law.
🔻 Equality and self-determination of peoples
🔻 Sovereign equality states
🔻 Respect for human rights
🔻 Non-interference in internal affairs
🔻 The duty of the state in all circumstances to resolve any disagreements by peaceful means
🔻 State responsibility for aggression and other international crimes (genocide, racial discrimination, apartheid)
🔻 International criminal responsibility of individuals
Basic provisions of International Humanitarian Law.
❗️ Protection of persons who have ceased to take part in the armed conflict: wounded, sick, shipwrecked, prisoners of war;
❗️ Providing protection to people who were not directly involved in hostilities: civilians, medical and religious personnel;
❗️ Providing protection to objects that are not used for military purposes: residential buildings, schools, places of worship;
❗️ Prohibition of the use of means and methods of warfare, the use of which does not distinguish between civilians and military persons and objects, and which cause significant damage to them;
Features of International Humanitarian Law (found in the Unified State Exam):
✔︎ applies only during armed conflicts;
✔︎ aims to protect the individual (as does human rights law);
✔︎ operates in a system of legal norms (as well as human rights law);
✔︎ international humanitarian law protects persons who are not or have ceased to participate in hostilities;
✔︎ the norms of international humanitarian law come into force with the outbreak of an armed conflict;
Basic rules of international humanitarian law applied during armed conflicts.
📝 Persons out of commission, as well as persons not taking part in hostilities, have the right to respect for their lives, as well as to physical and mental integrity;
📝 Captured combatants (combatants) and civilians must be protected from any acts of violence. The attack must be directed only at military targets;
📝 It is prohibited to kill or injure an enemy who has surrendered or stopped taking part in hostilities;
📝 The wounded and sick should be picked up and given medical care;
📝 Everyone has the right to basic judicial guarantees. No one may be subjected to physical or psychological torture;
📝 The right of the parties to the conflict and their armed forces to choose means and methods of warfare is limited. The use of weapons and methods of warfare that are likely to cause unnecessary destruction or unnecessary suffering is prohibited;
System of international human rights protection.
The main mechanisms used by international bodies monitoring the observance of human rights.
✔︎ consideration of complaints that are submitted to a committee or commission; the control body then makes a decision, expecting the relevant state to implement it, although no enforcement procedure exists for this;
✔︎ court cases. In the world, only three permanent courts are bodies monitoring the observance of human rights: 1. European Court of Human Rights(any person under the jurisdiction of a country that is a member of the Council of Europe can apply to it. Since 1998, its protection has extended to citizens of the Russian Federation); 2. Inter-American Court of Human Rights; 3. International Criminal Court(considers crimes against people);
✔︎ the procedure for the submission of reports by the states themselves, containing information on how human rights are respected at the national level; the reports are openly discussed, including by non-governmental organizations, which in parallel draw up their own alternative reports.
During the Second World War, shortcomings in the international regulation of human rights and freedoms were revealed. As is known, United Nations(UN) arose in response to the aggression and crimes against humanity committed by fascism during the war. This explains the special inclusion of the provision on the development and promotion of respect for human rights and fundamental freedoms among the goals of the UN.
The functions and powers of the United Nations in the field of human rights are extremely varied. Its structural divisions make recommendations, make decisions, convene international conferences, prepare draft conventions, conduct research, and provide advisory and technical assistance to individual countries. In a number of cases, they also exercise control functions over states’ compliance with obligations undertaken under the UN Charter and other international agreements.
The primary responsibility for fulfilling the functions of the UN to promote universal respect for and observance of fundamental human rights and freedoms lies with UN General Assembly and under her leadership Economic and Social Council (ECOSOC). Human rights issues are usually included on the agenda of the General Assembly based on relevant sections of the ECOSOC report and decisions taken by the General Assembly at previous sessions. Sometimes they are also proposed for discussion by other main organs of the UN, member states of the Organization and Secretary General.
Recommendations adopted by the General Assembly, both in the field of human rights and on other issues, according to the UN Charter, are not legally binding on UN member states. But, undoubtedly, resolutions voted for by all or the overwhelming majority of member states of the Organization may indicate the existence of certain principles and norms of international law that are binding on all states.
In 1946 ECOSOC established as its subsidiary body Human Rights Commission. Members of the Commission are elected for three years. The Commission meets in annual six-week sessions and makes its decisions by a majority vote of the members present and voting. Its functions since its creation have included preparing proposals and reports to the Council regarding the international Bill of Human Rights; international declarations and conventions on civil liberties, the status of women, freedom of information and other similar issues; protection of minorities; preventing discrimination on grounds of race, gender, language or religion; any other issues relating to human rights. The Commission carries out studies, makes recommendations, provides information and carries out other tasks assigned by ECOSOC. The preparation of major studies is usually entrusted to special rapporteurs. Completed studies serve as the basis for the Commission to make various types of decisions.
One of the commission's first assignments was to work with the International Bill of Human Rights. Let us recall that the Bill currently includes the following international agreements: the Universal Declaration of Human Rights; International Covenant on Economic, Social and Cultural Rights; International Covenant on Civil and Political Rights; Optional Protocol to the International Covenant on Civil and Political Rights; Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at the abolition of the death penalty.
The main idea of the listed international documents is expressed by the following principle: “the ideal of a free human person, free from fear and want, can only be realized if conditions are created under which everyone can enjoy their economic, social and cultural rights, as well as their political rights."
The Covenant on Civil and Political Rights established the principle of international law that fundamental rights and freedoms must be respected in all situations, including periods of armed conflict. Some violations of human rights in connection with the introduction of a state of emergency or martial law are, in principle, permitted, but this should not lead to discrimination or violate fundamental human rights, which must be respected by all states of the world, regardless of whether they are parties to the Covenant. (Think about what rights should be respected regardless of the political situation in a state or region of the world.)
In 1976 it was created Human Rights Committee, consisting of 18 experts who are elected by member states from among their citizens and have “high moral character and recognized competence in the field of human rights.” One of the main functions of the Committee is to consider reports from participating States on the implementation of human rights on their territory, and participants provide both general information on the state of human rights and freedoms, and on the implementation of each specific right. The Committee studies the submitted reports and makes certain comments and recommendations. The participant must review them and may provide feedback on the comments made. A similar procedure can be carried out upon a statement by a state party about the failure of another state to fulfill its obligations.
It is obvious that human rights and freedoms, first of all, should be protected by the national judicial system, but sometimes it does not make a decision that is fair, from a citizen’s point of view. In this case, he can file a complaint with the Human Rights Committee. If the Committee finds the complaint admissible (i.e., it determines that the case has been exhausted in the courts of the offending State), this is reported to the State concerned, which has the opportunity to submit written explanations on the merits within six months, after which the author of the complaint can give feedback on the state’s clarifications. During its activity, the Committee examined hundreds of complaints and made appropriate recommendations on them. Most of them were accepted by states for execution. It is the analysis of individual communications that makes it possible to draw conclusions about the compliance of the laws, judicial and administrative practices of a particular state with the requirements of the Covenant. By implementing the Committee's decision and bringing its legislation into compliance with the Covenant, the state thereby creates conditions to ensure that such human rights violations do not occur in the future.
The UN has also created a number of other bodies to protect human rights, for example, women's rights and children's rights. Thus, UN bodies consider both general human rights issues and special ones, relating, in particular, to the protection of human rights during armed conflicts. The same bodies also discuss issues of responsibility for criminal violations of human rights.
However, at present, the activities of UN bodies in the field of human rights are still very imperfect: the established system of organizations is cumbersome, there is duplication in its work, and consideration of a number of issues is postponed from year to year. Since the activities of these organizations are sessional in nature, they are not able to take emergency measures in times of crisis. As a measure to resolve this situation, a position was created UN High Commissioner for Human Rights, and UN High Commissioner for Refugees, who would coordinate practical work UN for the protection of human rights in peacetime and during periods of military conflict.
Great importance has human rights activities in European countries. All European organizations see the protection of human rights and the expansion of individual freedoms as an absolute priority. We can say that modern European civilization is based on the idea of independence and the value of the human person.
Influential European regional organization is Council of Europe. On November 4, 1950, in Rome, its members adopted the European Convention for the Protection of Human Rights and Fundamental Freedoms, which entered into force on September 3, 1953.
Based on this Convention, two bodies were established - European Commission of Human Rights And European Court of Human Rights, which are empowered to consider communications from states, individuals, non-governmental organizations and groups of individuals about violations of their rights by parties to the Convention. Individuals, non-governmental organizations and groups have the opportunity to submit petitions directly to the Court. In this regard, the European Commission of Human Rights was abolished, and the Court became the only body for the protection of human rights.
To hear cases, the Court establishes committees of three judges, chambers of seven judges and grand chambers of seventeen judges. Questions about the admissibility of complaints are decided by committees of three judges. This is due to the continuous increase in the number of complaints on which prompt decisions must be made. The cases themselves are decided by the chambers. The Grand Chambers discuss the most serious issues, as well as cases referred to them at the request of the parties to the dispute.
The decisions of the Court are binding on the participating States, and their implementation is monitored by Committee of Ministers of the Council of Europe. Thus, the created mechanism is, in fact, a supranational power.
Any country that now joins the Council of Europe must not only accede to the European Convention, but also make the necessary changes to its legislation arising from the case law created by the decisions of the Court of Human Rights.
Now that Russia has joined the Council of Europe and ratified the European Convention for the Protection of Human Rights and Fundamental Freedoms, Russian legislation and legal practice will need to be brought into line with European standards. This practice is prescribed by the Constitution of the Russian Federation (Article 15, paragraph 4).
The protection of human rights is given a significant place in our work Organization for Security and Cooperation in Europe(OSCE).
In the future, apparently, there will be a unification of the regional bodies existing in Europe into a single organization, which will include all the states of the continent. The political prerequisites for the integration of the whole of Europe are gradually maturing, which will inevitably lead to the formation of a single European legal space and the creation of uniform conditions for the effective protection of fundamental human rights and freedoms.
Dynamics of development international relations indicates that many problems that were previously within the internal competence of states began to be subject to international regulation. One of the most controversial issues is the use of the death penalty.
The Universal Declaration and Covenants, while proclaiming the right of everyone to life, did not prohibit the death penalty. The Covenant prohibited the death penalty only for crimes committed by persons under eighteen years of age and its application to pregnant women.
Legal culture
Legal culture- the totality of legal knowledge, beliefs and attitudes of an individual, implemented in the process of work, communication, behavior, as well as attitudes towards the material and spiritual values of society.
Legal culture is a complex of ideas of a particular community of people about the law, its implementation, and activities government agencies, officials.
Legal culture in the broad sense of the word is a set of legal components in their real embodiment, a set of ideas of one or another community of people about the law, its implementation, and the activities of government bodies and officials.
Legal culture in in the narrow sense words - a set of materialized ideas, feelings, ideas as perceived need and the internal needs of individual behavior in the field of law, based on legal consciousness.
Main characteristics of legal culture:
A set of values, principles and worldviews in the field of law, supported by professional legal knowledge;
The totality of public opinions, assessments of the content, operation of legal norms and the legal system as a whole;
The achieved level of accumulation, possession and use of legal information.
Legal culture includes those elements of social consciousness that are associated with legal institutions and the practice of their functioning, the formation of certain options for the legal behavior of people in society. Legal consciousness is an internal, personal regulator of legal meaningful behavior, which can be characterized either positively or negatively. As a form or area of consciousness, legal consciousness reflects legal reality in the form of legal knowledge and evaluative attitudes towards the law and the practice of its implementation, legal attitudes and value orientations that regulate the behavior (activities) of people in legally significant situations.
Legal beliefs and attitudes should also be considered components of legal culture. Legal culture presupposes a certain level of legal thinking and sensory perception of legal reality; the qualitative state of the processes of lawmaking and implementation of law; specific methods of legal activity (work law enforcement, constitutional control, etc.); the results of legal activity in the form of spiritual and material benefits created by people (laws, legislative systems, judicial practice).
To assess the legal culture, the following are of utmost importance: compliance with the rule of law (law-abidingness), elimination of abuses of power, guarantee of ensuring the legitimate interests and rights of citizens, competence, efficiency, ability to lead, etc.
The main criteria for the level of legal culture are:
Reached social status;
Educational preparation;
Focus on legal values;
Socially active life goals;
Choice of motives and behavior options;
Sense of legality and justice;
Critical perception of negative social practices.
Important has a problem legal nihilism, expressed in the devaluation of law and legality, ignoring laws or underestimating their regulations, social role. Legal nihilism is a direction of socio-political life that denies the social and personal value of law and considers it the least perfect way to regulate social relations. Various forms of manifestation: from an indifferent, indifferent attitude towards the role and significance of law, through a skeptical attitude towards its potential capabilities, to complete disbelief in law, and a clearly negative attitude towards it.
At the same time, systematic subject work to improve the level of legal culture of all subjects of the law enforcement system. The immediate goal is lawful behavior, including the legal activity of citizens and the professional activity of lawyers and other civil servants in the process of exercising their competence in legally significant situations. The means of legal education include: legal propaganda, legal training, legal practice, self-education.
The volume and quality of knowledge, knowledge of the principles and norms of law are usually called legal awareness of the individual. Elementarily necessary, low and high level legal awareness of citizens (population). The traits of the first level are recognized as the assimilation of basically conflict-free rules of behavior that constitute the necessary conditions for communication and generally accepted social connections, implemented largely at the level of intuition. The second level is characterized by a relatively “free” orientation in changing legal situations based on general principles and constantly implemented norms of law, the ability to comprehend the content of legal acts and accordingly navigate the choice of behavior. An indicator of the third level of legal awareness of an individual is considered to be a constant interest in law, the need to obtain and expand the quantity, deepen the quality of legal awareness, which is typical for professional lawyers.
In 1945, the UN Charter was adopted, proclaiming as one of the goals of this organization the implementation international cooperation in the humanitarian sphere, promotion and development of respect for human rights and fundamental freedoms of all people without exception. This document was the main political and legal foundation for subsequent cooperation between sovereign states and peoples in the field of human rights and freedoms.
Another important document was the Universal Declaration of Human Rights of 1948. For the first time in human history, it was formulated and recommended for implementation in all countries fundamental human rights and freedoms, which are considered throughout the world as standards, models for the corresponding national legal documents(for example, sections of constitutions on the rights of citizens).
The creators of the Declaration, proclaiming a universal minimum of rights and freedoms, proceeded from their understanding of the level of development of human civilization as a whole. The Declaration is not a legally binding document and has the nature of a recommendation to all peoples and states of the world. Nevertheless, its practical significance is very great.
At a minimum, every person needs to be aware of the existence of the International Bill of Human Rights, which consists of the following documents:
1) the Universal Declaration of Human Rights that you know;
2) International Covenant on Economic, Social and Cultural Rights;
3) the International Covenant on Civil and Political Rights, as well as the Optional Protocol to the latter Covenant.
International legal protection of individual freedom also means judicial protection. When all domestic methods and institutions have been exhausted, a citizen has the right to appeal to international judicial bodies, for example, the European Court of Human Rights. Here is what, for example, the article of the Constitution of the Russian Federation says in relation to the situation described: “Everyone has the right, in accordance with international treaties Russian Federation apply to international bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted” (clause 3 of Article 46).
International protection of rights and freedoms is evolving, ensuring, in essence, humanity's right to evolution, even to survival. At the end of the 20th century, examples of the protection of some peoples from aggression, from discrimination, from violations of human rights and freedoms became increasingly numerous and impressive. The activities of international tribunals, UN bodies in this direction, applied international economic and other sanctions - all this has already become part of the international legal practice of protecting individual freedom