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Моисеев Е.Г. 60 лет Всеобщей декларации прав человека

Аннотация: The article is devoted to the analyses of the Universal Declaration of Human Rights adopted on December 10, 1948, at the third session of the General Assembly of the United Nations and to the consideration of the international treaties made on its basis. In particular, the article states that the Universal Declaration of Human Rights developed for the first time the complex of the civil, political, economic, social, and cultural rights and freedoms of a person. The Universal Declaration also specified that alongside with the rights and freedoms each person has duties to the society, where free and comprehensive development of a personality is possible. The article also states that though the document does not possess the power of a binding international treaty it has received general recognition among the states, where the level of development, political order, and cultural traditions differ critically. The Universal Declaration of Human Rights provisions were developed and fixed in the subsequent international instruments. The author analyzes the provisions of the International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights, and related Optional Protocols. The article states that the doctrine refers to the 1948 Universal Declaration of Human Rights and the two specified international covenants on human rights as the Charter of Fundamental Rights. The Convention on Prevention and Punishment of the Crime of Genocide, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Suppression and Punishment of the Crime of Apartheid, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are considered, too. The author states that the international law specifically protects the rights and freedoms of women and children. With reference to this issue, the article considers the Convention on Political Rights of Women, the Convention on Citizenship of Married Women, the Convention on Consent for Marriage, Minimum Age for Marriage and Registration of marriage, the Convention on Elimination of All Forms of Discrimination Concerning Women, the Convention on the Rights of the Child are considered. The United Nations continue the process of development and adoption of new documents concerning the rights and freedoms of various categories of people. Thus, in September 2007, the General Assembly of the United Nations at its 61st session adopted the Declaration on the Rights of Indigenous People. The observance of the international standards of human rights and consideration of complaints related to violation of human rights are secured by means of a number of treaty and non-treaty mechanisms. The treaty mechanisms represent independent expert committees created for monitoring of execution of the international treaties on human rights by the participating states. The powers of non-treaty mechanisms originate not from the states, but from resolutions of corresponding bodies of the United Nations, such as the Council for Human Rights or General Assembly. Besides, the non-treaty mechanisms may be generated by expert bodies. Except for universal documents, regional documents in the field of human rights are adopted, and a good few. In particular, the article analyzes the provisions of the European Convention on Protection of Human Rights and Fundamental Freedoms, the Declarations of the CIS on the International Obligations in the Field of Human Rights and Fundamental Freedoms, the Convention of the CIS on the Human Rights and Fundamental Freedoms.


Abstract: The article is devoted to the analyses of the Universal Declaration of Human Rights adopted on December 10, 1948, at the third session of the General Assembly of the United Nations and to the consideration of the international treaties made on its basis. In particular, the article states that the Universal Declaration of Human Rights developed for the first time the complex of the civil, political, economic, social, and cultural rights and freedoms of a person. The Universal Declaration also specified that alongside with the rights and freedoms each person has duties to the society, where free and comprehensive development of a personality is possible. The article also states that though the document does not possess the power of a binding international treaty it has received general recognition among the states, where the level of development, political order, and cultural traditions differ critically. The Universal Declaration of Human Rights provisions were developed and fixed in the subsequent international instruments. The author analyzes the provisions of the International Covenant on Economic, Social, and Cultural Rights and the International Covenant on Civil and Political Rights, and related Optional Protocols. The article states that the doctrine refers to the 1948 Universal Declaration of Human Rights and the two specified international covenants on human rights as the Charter of Fundamental Rights. The Convention on Prevention and Punishment of the Crime of Genocide, the International Convention on the Elimination of All Forms of Racial Discrimination, the International Convention on the Suppression and Punishment of the Crime of Apartheid, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment are considered, too. The author states that the international law specifically protects the rights and freedoms of women and children. With reference to this issue, the article considers the Convention on Political Rights of Women, the Convention on Citizenship of Married Women, the Convention on Consent for Marriage, Minimum Age for Marriage and Registration of marriage, the Convention on Elimination of All Forms of Discrimination Concerning Women, the Convention on the Rights of the Child are considered. The United Nations continue the process of development and adoption of new documents concerning the rights and freedoms of various categories of people. Thus, in September 2007, the General Assembly of the United Nations at its 61st session adopted the Declaration on the Rights of Indigenous People. The observance of the international standards of human rights and consideration of complaints related to violation of human rights are secured by means of a number of treaty and non-treaty mechanisms. The treaty mechanisms represent independent expert committees created for monitoring of execution of the international treaties on human rights by the participating states. The powers of non-treaty mechanisms originate not from the states, but from resolutions of corresponding bodies of the United Nations, such as the Council for Human Rights or General Assembly. Besides, the non-treaty mechanisms may be generated by expert bodies. Except for universal documents, regional documents in the field of human rights are adopted, and a good few. In particular, the article analyzes the provisions of the European Convention on Protection of Human Rights and Fundamental Freedoms, the Declarations of the CIS on the International Obligations in the Field of Human Rights and Fundamental Freedoms, the Convention of the CIS on the Human Rights and Fundamental Freedoms.



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