Classification of human rights treaties and international human rights standards
The UN Charter contains legally binding general provisions on the need for international cooperation to promote and develop respect for human rights and fundamental freedoms. But it does not contain a specific list of them.
At the same time, the UN Charter has formulated a number of principles governing the observance of human rights: the dignity and value of the human person, the equality of peoples, the equality of men and women, and the inadmissibility of discrimination on the grounds of race, gender, language, and religion are recognized as fundamental.
After the approval of the UN Charter by the international community, mainly the UN and its specialized agencies, a large number of documents on human rights were adopted, containing norms regulating legal relations in this area.
It seems that they could be classified as follows.
It is generally accepted that the so-called International Bill of Human Rights includes the Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights and its two Optional Protocols: on private complaints and the abolition of the death penalty.
The Universal Declaration of Human Rights, adopted by the UN General Assembly on December 10, 1948, was the first universal document in the history of international relations that proclaimed a list of human rights and freedoms. Its importance cannot be overestimated, and, according to popular opinion, due to its authority and wide application, it has become, despite its original form as a resolution of the General Assembly, having a recommendatory character, an act having binding legal force (as ordinary rules).
In 1966, the General Assembly adopted the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. They came into force in 1976.
From the very beginning, these documents took the form of international conventions, binding on the states participating in them, and were the most general acts in terms of their coverage of human rights issues, establishing standards in this area. They have received wide international recognition and authority. They are constantly referred to in resolutions of various international organizations and in treaties on certain aspects of human rights.
The International Covenant on Economic, Social and Cultural Rights recognizes such rights as the right to work, to just and favorable conditions of work, to the formation and unimpeded operation of trade unions, to social security, to family protection, to an adequate standard of living, to the highest sufficient standard of living. physical and mental health, education, participation in cultural life.
The International Covenant on Civil and Political Rights guarantees such rights as the right to life, freedom from torture or slavery, liberty and security of person, humane treatment and respect for the inherent dignity of the human person, free movement and freedom of choice of residence, the right to leave any country, return to one's own country, equality before the courts, freedom from interference with privacy, freedom of thought, conscience and religion, the right to hold opinions and to freedom of information, peaceful assembly, freedom of association, participation in the conduct of public affairs, equality before the law .
These rights and freedoms, specified in comparison with the Universal Declaration of Human Rights, were assumed by the States Parties to the Covenants to provide all persons under their jurisdiction; At the same time, states must ensure the implementation of the rights recognized in the Covenants by taking appropriate national legislative and other measures. At the same time, the possibility of restrictions based on the law, necessary, for example, to protect national security, public order, public health or morals, or the rights and freedoms of others, is permitted.
A special group of human rights acts are represented by documents aimed at suppressing crimes against humanity, such as war crimes, genocide, apartheid, and combating gross mass violations of human rights that affect the interests of large masses of the population or entire nations and may have serious international consequences, negative affecting interstate relations. These include the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, the 1973 Convention on the Suppression and Punishment of the Crime of Apartheid, the 1968 War Crimes and Crimes Against Humanity Convention, and the International Convention on the Elimination of All Forms of Racial Discrimination 1965, Supplementary Convention on the Abolition of Slavery, the Slave Trade and Institutions and Practices Similar to Slavery, 1956. According to these treaties, states condemn the policies specified in these Conventions, undertake to suppress and prohibit on their territories any actions that contradict the goals of these Conventions, and undertake obligations to carry out joint actions to combat manifestations of this group of offenses. They also cooperate in punishing specific individuals responsible for their crimes, in particular using the institution of extradition to bring them to justice or independently bringing them to justice.
A number of agreements are intended to protect the interests of the individual from abuse by government agencies or individuals and organizations. These include the 1960 Convention against Discrimination in Education, the 1979 Convention on the Elimination of All Forms of Discrimination against Women, and the 1989 Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Under these Conventions, states agreed to take measures to prevent and eradicate certain violations of individual rights on their territories, as well as to restore violated rights.
Another group of treaties is devoted to cooperation between states in achieving positive results in ensuring human rights. These are the Convention on Equal Remuneration for Men and Women for Work of Equal Value of 1951 (aimed at ensuring a woman’s right to equal pay with a man), the Nationality of Married Women Convention of 1957 (provides for the independence of a woman in deciding the issue of her citizenship when marrying alien), Convention on the Reduction of Statelessness 1961, Convention relating to the Status of Stateless Persons (provides for certain political, civil, social and economic rights), Convention relating to the Status of Refugees 1951, Employment Policy Convention 1964 (aimed at ensuring the right to labor), Women's Political Rights Convention 1952, Maternity Protection Convention
1952, the Convention on the Protection of Wages of 1949 and a number of others. Under treaties of this type, states that became parties to them committed themselves to take legislative and practical measures to ensure human rights, which are considered by the international community as minimum standards for the social protection of individuals.
Finally, it is worth noting the conventions adopted, for example, by UN special agencies, which specify general standards for the observance of human rights and develop industry standards in their development. Thus, the International Labor Organization has developed a large number of conventions on issues such as wages, working hours, working conditions for various categories of workers, etc.
A significant role is played by documents that are not legally binding, but which reflect the point of view of the international community on certain human rights issues. Among them are decisions of international human rights conferences in Tehran (1968) and Vienna (1993), declarations and resolutions of the UN General Assembly on the right to self-determination, declarations, protocols and other documents on the prevention of discrimination, including against persons belonging to national or ethnic, religious and linguistic minorities, the rights of women and children, human rights in the field of justice, medical ethics, which should be considered as the minimum standards of behavior accepted in a civilized society.
Important documents of this nature are also adopted by UN special agencies. Thus, UNESCO adopted the Declaration on the dissemination among youth of the ideals of peace, mutual respect and understanding between peoples in 1965, the Declaration of principles of international cultural cooperation in 1966, the Declaration of social progress and development in 1969, the Declaration on the use of scientific and technological progress in the interests of peace and for the benefit of Humanity of 1975, the Declaration of Basic Principles Concerning the Contribution of the Media to the Strengthening of Peace and International Understanding, to the Advancement of Human Rights and to the Fight against Racism and Apartheid and Incitement to War, 1978, which laid the foundations for the formation of a new international information order.
Such documents, which are initially only advisory in nature, often then form the basis of adopted treaty acts that establish the relevant provisions as mandatory for compliance by states.
Although international organizations and bodies have been dealing with human rights issues for decades, it is obvious that progress in this direction can only be achieved with effective international monitoring of their actual observance.
Until 1997, the UN Secretariat had a Center for Human Rights, which was engaged, in particular, in collecting information from various sources about the situation with human rights in the world. Since 1997, its functions have been transferred to the Office of the UN High Commissioner for Human Rights.
Under it and under the auspices of the UN Commission on Human Rights, there is a procedure for considering private complaints based on Economic and Social Council resolution 1503 of May 27, 1970. This procedure has a number of features. It is universal because it does not depend on the consent of states; a citizen of any state can use it.
At the same time, in order for a complaint to be considered, it must meet certain certain minimum requirements, failing which it will be declared inadmissible.
This procedure is not judicial, and the consideration of such complaints does not have significant substantive consequences for the states concerned. However, such consideration is important for identifying situations where systematic and gross violations of human rights are occurring.
In 1993, the UN General Assembly established the post of High Commissioner for Human Rights. The issue has been debated at the UN for decades, but it is too early to say whether the commissioner, currently former Irish President M. Robinson, will lead to real improvements in human rights around the world.
Control mechanisms for monitoring the state of human rights in certain areas also operate in specialized UN agencies. This work is carried out most consistently in the ILO, which regularly monitors, through its supervisory bodies, the situation with respect to labor rights in certain countries.
The universal human rights conventions provide, as already noted, for the submission and consideration by relevant expert committees on a regular basis of reports on legislative, judicial, administrative and other measures taken by States parties to fulfill their obligations. Based on such consideration, committees adopt detailed conclusions and recommendations. This procedure is the main form of control over the implementation of the relevant conventions.
At the same time, they also contain other control functions and mechanisms to achieve the goals set in these international legal acts.
Thus, some of these conventions establish a procedure according to which a state can submit complaints regarding the actions of other state parties. For example, according to the International Convention on the Elimination of All Forms of Racial Discrimination (Article 11), any state party can use it. For this purpose, it is envisaged, in particular, to create conciliation bodies. However, states practically do not resort to this procedure.
At the same time, the control function related to the consideration of private complaints has received significant development in the Human Rights Committee and other convention bodies. The latter is, as already noted, optional and is implemented only after the relevant state has given consent to consider the complaints of its citizens.
When considering petitions, international convention bodies are guided by certain criteria, most notably the rule that such complaints are not considered unless the petitioners have exhausted all available domestic national remedies of the state (this rule does not apply in cases where the use of such remedies is excessive is delayed).
Having considered petitions and clarifications from states on this matter, these bodies can make proposals and recommendations both to the individuals or groups of individuals who sent them and to the participating states. This nature of the procedure gives grounds to consider it semi-judicial.
However, the disadvantage of its functioning is that today such petitions come almost exclusively from residents of Western Europe, where there is a certain level of legal awareness of the population and conditions for the functioning of such a mechanism, although these countries are already characterized by a high degree of human rights protection.
Unfortunately, states where, due to historical and other circumstances, the level of protection of the rights of the population is low, either do not make statements about joining these optional procedures, or, if they do, their citizens do not use them.
The Council of Europe has a developed system of human rights supervisory bodies, which was based on the activities of the European Commission of Human Rights and the European Court of Human Rights. In November 1998, Protocol No. 11 to the European Convention on Human Rights and Fundamental Freedoms came into force, providing for the abolition of the Commission and the Court and the creation on their basis of a single European Court of Human Rights.
In accordance with this Protocol it is established unconditional right to petition by private individuals. Now there will be no need to wait for a special statement from the member states of the Council of Europe on this issue, as has been the case until now.
Thanks to its extensive practice in considering complaints, the European Court of Human Rights has become a significant factor in the legal development and improvement of the system of human rights protection in Europe, and the case law created by it can be used by states that have recently become members of the Council of Europe, and in particular Russia, to improve their legislation and law enforcement .
Control mechanisms are defined organizational structures (committees, working groups, special rapporteurs, etc.). International control mechanisms and procedures should not be identified. In contrast to international control mechanisms, procedures are the procedures and methods for examining relevant information and responding to the results of such examination.
Different procedures may be used within the same control body.
Procedures applied by international organizations can be used without any control mechanism, for example by the UN Commission on Human Rights in its plenary meetings.
Individuals who are part of a particular control mechanism most often act in a personal capacity, that is, they are not responsible to their governments for their activities and do not receive any instructions from them. They act independently as part of these mechanisms as experts, judges, etc.
International monitoring mechanisms in the field of human rights can be collective bodies - committees, groups, etc. And they can also be individual bodies - special rapporteurs.
Collective bodies make decisions either by consensus or by majority vote. The legal nature of their decisions is different. They are usually non-binding, expressing only the opinion of the relevant body on the issue under consideration (including recommendations, general or specific). Sometimes they cannot even be called decisions (for example, the conclusions of special rapporteurs, although they usually contain recommendations at the end). Less often they are binding on the parties concerned (decisions of the European Court of Human Rights). Ultimately, everything depends on the mandate given to the control body.
International mechanisms in the field of human rights protection do not always cope with their responsibilities. They sometimes duplicate each other, require unnecessary financial expenses, and lead to decisions that are not always objective. However, their creation and increase in their number are a reflection of objective trends in international life. Therefore, at this stage, the need for their improvement and rationalization comes to the fore.
Sometimes there is a combination in one body of control mechanisms provided for by human rights treaties and created by international organizations. Thus, according to the Covenant on Economic, Social and Cultural Rights, reports of participants on their implementation of its provisions are sent through the UN Secretary-General to ECOSOC. Such
Although international organizations and bodies have been dealing with human rights issues for decades, it is obvious that progress in this direction can only be achieved with effective international monitoring of their actual observance.
Until 1997, the UN Secretariat had a Center for Human Rights, which was engaged, in particular, in collecting information from various sources about the situation with human rights in the world. Since 1997, its functions have been transferred to the Office of the UN High Commissioner for Human Rights.
Under him and under the auspices of the UN Commission on Human Rights, there is a procedure for considering private complaints based on resolution No. 1503 of May 27, 1970 of the Economic and Social Council. This procedure has a number of features. It is universal because it does not depend on the consent of states; a citizen of any state can use it.
This procedure is not judicial, and the consideration of such complaints does not have significant substantive consequences for the states concerned. However, such consideration is important for identifying situations where systematic and gross violations of human rights are occurring.
The Commission on Human Rights is a subsidiary body of ECOSOC, established in 1946. Members of the commission (43 people) are elected by ECOSOC for a period of 3 years. Meetings of the Commission take place in Geneva (Switzerland).
The Commission submits proposals, recommendations and reports to ECOSOC regarding the Charter of Human Rights, international declarations or conventions on civil liberties, women's rights, freedom of information, protection of minorities; preventing discrimination based on race, gender, language and religion; all other matters relating to human rights. The Commission has several subsidiary bodies of its own, including the Sub-Commission on Prevention of Discrimination and Protection of Minorities.
The UN Human Rights Committee was created on the basis of UN General Assembly resolution 2200A (XXI) of December 16, 1966 in accordance with Art. 28 of the Covenant on Civil and Political Rights. In fact, the Committee is an independent international body consisting of 18 independent experts acting in their personal capacity. Members of the Committee are elected from citizens of the states parties to the Covenant for a period of 4 years and can be re-elected. The seat of the Committee is Geneva.
The Committee has the power to monitor compliance with the provisions of the Covenant on Civil and Political Rights by considering:
1) periodic reports of state parties on certain measures to implement the provisions of the Covenant;
2) complaints of the participating states against each other about the provisions of the Covenant;
3) complaints from individuals when the state violates the rights enshrined in the Covenant.
In 1993, the UN General Assembly established the post of High Commissioner for Human Rights. The issue has been debated at the UN for decades, but it is too early to say whether the commissioner, currently former Irish President M. Robinson, will lead to real improvements in human rights around the world.
Control mechanisms for monitoring the state of human rights in certain areas also operate in specialized UN agencies. This work is carried out most consistently in the ILO, which regularly monitors, through its supervisory bodies, the situation with respect to labor rights in certain countries.
The Council of Europe has a developed system of supervisory bodies for human rights, based on the activities of the European Commission of Human Rights and the European Court of Human Rights. In November 1998, Protocol No. 11 to the European Convention on Human Rights and Fundamental Freedoms came into force, providing for the abolition of the Commission and the Court and the creation on their basis of a single European Court of Human Rights.
In accordance with this Protocol, the unconditional right of private individuals to file petitions is established. Now there will be no need to wait for a special statement from the member states of the Council of Europe on this issue, as has been the case until now.
Thanks to its extensive practice in considering complaints, the European Court of Human Rights has become a significant factor in the legal development and improvement of the system of human rights protection in Europe, and the case law created by it can be used by states that have recently become members of the Council of Europe, and, in particular, Russia, to improve their legislation and law enforcement.
As already noted, principles and norms in the field of human rights are formulated in documents of both a universal and regional nature.
62. Regional systems for the protection of human rights.
The international system for the protection of human rights is an extensive system of international human rights bodies with different scopes of competence, the main purpose of which is the protection of human rights.
Universal human rights bodies have competence that extends to a significant number of states in the world and, as a rule, exclusively to those states that are parties to the relevant universal international human rights treaty (Human Rights Committee, Committee on the Rights of the Child, etc.). Universal human rights bodies can be quasi-judicial or conventional. Quasi-judicial bodies include bodies formed on the basis of international treaties to monitor compliance with these treaties by member states and operate according to a procedure that resembles a judicial one (Human Rights Committee). Conventional ones include bodies established on the basis of international treaties to monitor compliance with these treaties by state parties (Committee on the Rights of the Child in accordance with the Convention on the Rights of the Child; Committee on the Elimination of Discrimination against Women in accordance with the Convention on the Elimination of All Forms of Discrimination in against women, etc.) Convention bodies are predominantly political and legal in nature.
A special place is occupied by the Commission on Human Rights - a universal body whose powers are not related to the participation of the state in international treaties on human rights. Founded on the basis of a decision of ECOSOC in 1946. The Commission consists of representatives of 53 ECOSOC member states, elected for three years. It has broad powers to monitor compliance with human rights, conducts research in the field of human rights protection and provides recommendations and proposals to ECOSOC, prepares draft international instruments on human rights and cooperates with other international bodies in this area. The Commission has the right to create its own subsidiary bodies. One of them is the Subcommission on Prevention of Discrimination and Protection of Minorities.
The Human Rights Committee was created in 1977 in accordance with Art. 28 of the International Covenant on Civil and Political Rights. The Human Rights Committee has the power to consider complaints from individuals or groups of individuals about violations of rights set forth in the Covenant where such violations have occurred under the jurisdiction of States that have ratified the Optional Protocol. The Committee's decision constitutes recommendations.
The UN creates its own institutional structures to study the situation of human rights, in fact, exercises supervision in the area of states' fulfillment of their obligations in the field of respect for human rights. This activity is carried out by the UN Security Council, which considers disputes and situations in the field of human rights that pose a threat to global peace and security. Decisions and opinions on human rights issues are taken by the International Court of Justice, the UN Secretary-General, as well as the High Commissioner for Human Rights, whose position was created in 1994. He is responsible for the activities of the UN in the field of human rights within the framework of general competence, powers and decisions UNGA, ECOSOC and the Commission on Human Rights.
The role of non-governmental organizations in the international protection of human rights. Over the past decades, the role of international non-governmental organizations in the protection of human rights has increased significantly. Among the most influential organizations are the International Helsinki Committee, Amnesty International, Physicians for Peace, etc. Among the main areas of their activity: monitoring the state of human rights in individual states; monitoring human rights legislation in individual states; compilation of reports on the state of affairs in the field of human rights protection; making such reports available to the public and making them available to international intergovernmental human rights bodies; participation in the development of international human rights treaties, as well as other activities.
Concept and types of international control mechanisms and procedures
From about the mid-60s. Interstate cooperation in the field of human rights has entered a new stage, which is characterized by a search for ways to improve the effectiveness of existing standards. As a result, the attention of the international community begins to focus on the creation of international control mechanisms and the development of specific procedures. The purpose of control mechanisms and procedures is to ensure the implementation of the provisions of international human rights agreements, and one of the main tasks is to assist and assist states in fulfilling their international obligations by taking appropriate decisions.
Based on the organizational structure and composition of elements of control bodies, the following forms of control can be distinguished:
· creation of control bodies within international organizations;
· establishment by states of special control bodies;
· control by national authorities and means;
· a combination of international procedures and national bodies to verify compliance by states with their obligations;
· international control carried out by special representatives (envoys) of senior officials of universal and regional international organizations (for example: the UN Secretary General);
· control carried out by non-governmental international organizations (for example: the International Committee of the Red Cross).
According to the methods of verifying compliance by states with international obligations, international control can be classified into two groups:
1. international control carried out through the exchange of information, consultations, submission of reports and reports;
2. international control, carried out through inspection, research and investigation, judicial review.
However, such a classification is very conditional, since each method of international control can be combined with another method, complement or precede it.
It should be noted that control mechanisms in the field of human rights are organizational structures (committees, working groups, special rapporteurs), and procedures are the order and methods of studying information in the field of human rights and responding to the results of such study.
International control mechanisms and procedures in the field of human rights have a different legal nature:
· conventional, i.e. which are created in accordance with international agreements (Human Rights Committee);
· non-treaty ones, which were created and are available in a number of international organizations (Commission on Human Rights).
International control mechanisms and procedures can also be divided into:
· universal (within the UN);
· regional.
International monitoring of the observance and protection of human rights and freedoms carried out using the following methods:
· consideration of reports from states on the fulfillment of their obligations in this area;
· consideration of claims of states against each other regarding violations of such obligations;
· consideration of complaints from individuals, groups of individuals, non-governmental organizations about violations of their rights by states;
· research and investigation of situations related to alleged or already established violations of human rights.
IN UN Millennium Declaration adopted at the Summit by the General Assembly September 8, 2000, Heads of State and Government, unanimously reaffirmed their commitment to support all efforts aimed at achieving the goals and principles of the United Nations, which have proven timeless and universal in nature. One of such international mechanisms aimed at ensuring that states comply with international obligations is international control.
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