28 abril, 2020
Author: adminroot

Human and civil rights and freedoms are inalienable.

Human and civil rights and freedoms are inalienable.

Ensuring the rights and freedoms of man and citizen is one of the most important principles of the legal system, organization and functioning of major state and legal institutions, public authorities, local governments, their officials and officials, and so on.

Human and civil rights and freedoms are legal opportunities (possessions) necessary for the existence and development of a person, which are recognized as inalienable, must be common and equal for everyone, be provided and protected by the state to the extent of international standards.

For the first time in Ukrainian jurisprudence, the issue of human rights, their characteristics and classifications were studied by PM Rabinovych.

Consider the following signs of human and civil rights and freedoms.

Human rights are its legal possibilities.

The rights and freedoms of man and citizen outline a certain area of ​​autonomous existence of the individual, his life as a member of society. These legal possibilities should be regarded as a kind of legal benefits, the content of which is to establish and guarantee certain limits of freedom or non-freedom of the person. Therefore, the rights and freedoms of man and citizen are an integral part of the legal part of the individual as a social characteristic of man, are part of its structure.

The rights and freedoms of man and citizen are recognized in a sense as natural.

They, of course, cannot be natural, such as parts of the biological human body. But the rights and freedoms of man and citizen are considered natural in the sense that a society organized on a legal basis is based on the need and expediency of recognizing the freedom of people, their equal opportunities as certain legal entities, which should not depend on non-legal factors. are associated only with the fact of birth and existence of man.

Human and civil rights and freedoms are inalienable.

They are integral because they are an integral part of the individual, are his legal property, and therefore a person as a social essential, deprived of rights, not only disenfranchised in the narrow legal sense, but also can not be a person because he has no opportunity to meet their needs. and interests.

The state does not grant human rights, and therefore the state cannot take them away. A state that violates or restricts human rights must be held accountable. This principle is enshrined in the Constitution of Ukraine. Everyone has the right to compensation at the expense of the state or local governments for material and moral damage caused by their illegal decisions, actions or omissions in the exercise of their powers (Article 56 of the Constitution of Ukraine). Everyone is guaranteed the right to appeal in court against decisions, actions or omissions of public authorities, local governments, officials and officials (Article 55 of the Constitution of Ukraine).

The rights and freedoms of man and citizen are necessary for its normal existence and development.

First of all, the rights and freedoms of man and citizen are necessary in the existential sense as an element of human social existence, without which it can not exist as a subject of social relations, be socially and legally capable, to implement its life program … The list of specific human rights includes the creation of conditions for the satisfactory existence and development of the individual. The degree of realization of human and civil rights and freedoms is an indicator of the level of development of a person as a subject of law, the real social opportunities of man.

Human rights must be universal and equal for everyone.

Human rights are common in the sense that they bring into public life a single dimension, which covers a significant number, and ideally – all people as subjects of law. The famous German philosopher K. Jaspers singled out in this regard three possible types of sociality and, accordingly, three ways of organizing society: first, on the basis of the private interest of the isolated individual; secondly, the organic integrity of people united on national or spiritual grounds; thirdly, a formal legal organization, where everyone is considered only in the dimension in which he is equal to any other.

But human rights must be not only universal but also equal for everyone, that is, without regard to gender, nationality, religion, political beliefs, and so on. The law in this regard should be formal. At the 123helpme.me same time, legal equality is interpreted in international human rights instruments in two aspects: as equality from birth in dignity and rights and as equality before the law and the court, regardless of different conditions.

Human and civil rights and freedoms must be recognized and guaranteed by the state to the extent of generally recognized international standards.

The state’s recognition of human and civil rights and freedoms by enshrining them in the Constitution and other legislative acts is the first and necessary step towards their approval and implementation. However, the role of the state in the sphere of human and civil rights and freedoms should not be limited to this alone. It must make every effort to guarantee, protect and defend the rights and freedoms of man and citizen, which determines the main direction of humanization of the state, its main humanitarian characteristics. Thus, according to the provisions of the Constitution of Ukraine, the rights and freedoms of man and citizen must determine the content and direction of the Ukrainian state, and their approval and provision is considered the main duty of the state.

International standards in the field of guaranteeing human rights, their scope, enshrined in the main international human rights instruments: the Universal Declaration of Human Rights of 1948, the International Covenants on Economic, Social and Cultural Rights and Civil and Political Rights of 1966 and others serve as a model for which should be sought by all peoples and states. International human rights standards are the basis for interstate cooperation on their protection and protection, the activities of special international bodies monitoring the observance and protection of human rights, the most important of which are the UN Human Rights Committee and the European Court of Human Rights.

But we must not forget that the relationship between man and the state can not be unilateral, limited to issues of human rights – they require the performance of man and citizen of certain responsibilities to the state and; society. It cannot be from the point of view of modern criteria of humanism and social justice both duties without rights and; ‘rights without obligations. It is the rights and freedoms of man and citizen, on the one hand, and the responsibilities of man and citizen – on the other, in organic unity, together constitute such a legal construction as legal status. Thus, the duty of man and citizen – is a legal recognition of the need for certain behavior, due to the needs of existence and development of other people, state and society.

The system of rights, freedoms and responsibilities of man and citizen under the Constitution of Ukraine

The classification of human and civil rights, freedoms and responsibilities has both cognitive and direct practical significance and can be carried out according to various criteria.

First of all, it should be emphasized that between "rights" and "freedoms" as legal categories there are no sharp differences. Because rights and freedoms outline certain legal possibilities of a person in various spheres of his life, which are guaranteed by the state.

Term "right" applied when it comes to specific opportunities for behavior (the right to work, leisure, education, social protection, etc.). When it is necessary to emphasize the greater space of the choice of a variant of behavior at own discretion and under own responsibility, the term is used "freedom"…

Therefore, it is no coincidence that the Constitution of Ukraine defines a person’s legal capacity through "freedom" when it comes to the realization of creative abilities, which depend primarily on the potential and personality traits. But, on the other hand, the guarantee of freedom, in contrast to the provision of rights, does not provide for any specific state mechanism. The main guarantee of freedom is non-interference in the sphere of its realization by the state and other subjects. The tax provision, for example, is formulated in parts 1, 2 of Art. 32 of the Constitution of Ukraine: "No one may interfere in his personal and family life, except as provided by the Constitution of Ukraine. It is not allowed to collect, store, use and disseminate confidential information about a person without his consent …"

Other legal possibilities of the person and the citizen are defined in the Constitution through "right" – the possibility of specific behavior, which is guaranteed by certain legal means and forms, including – through "the right to liberty" (the right to freedom, to freedom of thought and speech, to the free expression of one’s views and beliefs, etc.). In the latter case, freedom should be understood as a sociological category, and law – as a category of jurisprudence.

The rights and freedoms of man and citizen, depending on the direction of the needs of the individual in the field of social relations are divided into physical, personal, political, economic, humanitarian, rights to social protection.

The physical rights and freedoms of man include the right to life, to liberty and security of person, to a safe environment for life and health, to health care and medical assistance, and to a sufficient standard of living for oneself and one’s family.

The category of personal rights and freedoms includes the right to free development of one’s personality, respect for dignity, freedom of thought and speech, worldview and religion, freedom of movement and choice of residence.

Political rights and freedoms of man and citizen should be considered the right to citizenship, freedom of association in political parties, the right to assemble peacefully without weapons and to hold rallies, marches and demonstrations, to participate in the management of public affairs, in referendums , to freely elect and be elected. to public authorities and local self-government, equal access to the civil service.

Consider as economic rights the right to own, use and dispose of their property, the right to work, entrepreneurship, wages, strikes.

Humanitarian rights and freedoms are a person’s right to education, to use the achievements of culture and art, freedom of creativity, copyright.

The Constitution of Ukraine includes the right to social protection, which includes the right to social security, pensions and other types of social benefits and allowances, and the right to housing.