International Declaration of Human Rights and Freedoms. Universal Declaration of Human Rights and its legal status

The Universal Declaration of Human Rights is a document recommended for all UN member countries, adopted at the third session of the UN General Assembly by resolution 217 A (III) (“International Covenant on Human Rights”) on December 10, 1948 at the Palais de Chaillot in Paris. The text of the Declaration has been translated into 375 languages ​​and dialects and is the first global definition of the rights that all people have. Consists of 30 articles and is part of the International Bill of Human Rights, along with the International Covenant on Economic, Social and cultural rights ah, the International Covenant on Civil and Political Rights, two Optional Protocols.

During the Age of Enlightenment, ideas about Natural law. Based on these ideas, the Bill of Rights in Great Britain, the Bill of Rights in the United States, and the Declaration of the Rights of Man and Citizen in France were created and adopted.

Second World War clearly demonstrated the need for a universal treaty on human rights. In his 1941 State of the Union address, Franklin Roosevelt called for support for four necessary freedoms: freedom of speech, freedom of conscience, freedom from want and freedom from fear. This gave a new impetus to development human rights How necessary condition peace and the end of war.

As the public became aware of the atrocities committed by Nazi Germany, it became obvious that the UN Charter did not sufficiently define human rights. A universal treaty that would enumerate and describe individual rights was necessary.

Compilation

Members of the UN Commission on Human Rights discuss the Human Rights Pact.

In 1946, John Humphrey, a Canadian expert in international law, was invited general secretary UN for the post of head of the human rights department, lead drafter of the Declaration. His responsibilities included cooperation with the Human Rights Commission, represented across the spectrum typical states world (Australia, Belgium, Belarusian Soviet Socialist Republic, Great Britain, China, Cuba, Egypt, India, Iran, Libya, Panama, USSR, USA, Uruguay, Philippines, France, Chile, Yugoslavia), which soon began work on the preparation of a document that was initially supposed to be called the International Bill of Rights.

Adoption

Voting for the declaration was carried out gradually. 23 of the 31 articles of the draft declaration were adopted unanimously. As a result of the discussion, Article 3 of the draft declaration was combined with Article 2. During the discussion and article-by-article voting, a confrontation emerged Western countries and Soviet bloc countries. The head of the Soviet delegation to the UN, Andrei Yanuaryevich Vyshinsky, spoke about the declaration as follows:

Despite some of its advantages, this project has a number of major shortcomings, the main one of which is its formal legal nature and the absence in this project of any activities that would be capable of promoting the implementation of the fundamental freedoms and human rights proclaimed in this project .

— Birth universal declaration human rights

The final version of the Universal Declaration of Human Rights was supported by 48 countries at the 183rd plenary meeting of the United Nations General Assembly in the Palais de Chaillot (Paris) on December 10, 1948. Byelorussian SSR, Ukrainian SSR, Union of Soviet Socialist Republics, Czechoslovakia, Poland, Yugoslavia, South Africa and Saudi Arabia abstained from voting.

The Universal Declaration of Human Rights was adopted by the UN General Assembly on December 10, 1948. This document is a resolution, i.e., according to the UN Charter, it is recommendatory and not binding. Therefore, the norms of the Universal Declaration of Human Rights were initially considered as norms-recommendations. But they have now become part of international law.

The fundamental rights and freedoms contained in the Declaration can be divided into four groups.

The first group consists of integral human personality rights and freedoms. They are based on the proposition that “all men are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards each other in a spirit of brotherhood” (v. 1). According to the Declaration, the inalienable human rights and freedoms include: the right to life, liberty and personal security (Article 3). In Art. 4 establishes freedom from slavery - “no one shall be held in slavery or servitude; slavery and the slave trade are prohibited in all their forms.” Article 5 prohibits torture and cruel, inhuman or degrading human dignity treatment and punishment. The Declaration proclaims the equality of all people before the law and their right, without any distinction, to equal protection law. And many others

The second group of rights and fundamental freedoms in the Declaration consists of civil rights, that is, the rights inherent in a person as a citizen - a subject whom certain rights empowers the state In this regard, the Declaration declares that every person has the right to recognition of his legal personality (Article 6). He has the right to move freely and choose his place of residence within each state. Every person has the right to leave any country, including his own, and to return to his own country (Article 13). He has the right to seek refuge from persecution in other countries and to enjoy this refuge. This applies to persecution for political opinions and actions (Article 14) Every person has the right to a nationality. No one may be arbitrarily deprived of his nationality or the right to change his nationality (Article 15). Civil rights also include the right to marry and create a family (Article 16), the right to own property either individually or jointly with others. No one should be arbitrarily deprived of his property (Article 17)

The third group of rights is contained in the Declaration political rights and freedom. These include: freedom of thought, conscience and religion (Article 18), freedom of peaceful assembly and association (Article 20), freedom of opinion and expression (Article 19). Every person has the right to take part in the government of his country, directly or through freely elected representatives. Every person has the right of equal access to public service in his own country (v. 21).

The fourth group of rights in the Declaration consists of economic, social and cultural rights. This is the right to work and free choice of work, equal pay for equal work, the right to associate in trade unions. Every working person has the right to fair and satisfactory remuneration, ensuring a worthy existence for himself and his family (Article 23). The Declaration fixes the right to rest, to education, the right to freely participate in cultural life society, participate in scientific progress(vv. 24, 26, 27). An integral part these rights is the right to such standard of living including food, clothing, shelter, medical care and necessary social services, which is necessary to maintain the health and well-being of a person and his family. A person also has the right to security in the event of unemployment, illness, disability, widowhood, old age or other loss of livelihood due to circumstances beyond his control (Article 25). Maternity and infancy give the right to special care and assistance.

The Universal Declaration of Human Rights was adopted by the UN General Assembly on December 10, 1948. This document is a resolution, i.e., according to the UN Charter, it is recommendatory and not binding. Therefore, the norms of the Universal Declaration of Human Rights were initially considered as norms-recommendations. But they have now become part of international law. During the period since the adoption of this Declaration, globe profound changes have occurred. Thanks to the practice of states, the provisions of the Universal Declaration of Human Rights have come to be perceived as customary legal standards according to which it should be established national legislation. These provisions also became the basis for enshrining them in international treaties. The Universal Declaration of Human Rights, along with the UN Charter, had a huge impact on the further rule-making (legislative and contractual) activities of states in the field of human rights.

In the Declaration: 1) a direct connection is established between the achievement of justice and universal peace in international relations and the recognition of equals and inalienable rights

person. Neglect of human rights has already led to barbaric acts and has outraged the conscience of humanity. Violations of human rights destabilize the international situation and create a threat to the security of states. Respect for rights promotes friendly relations between peoples;

1 2) it is determined that an indispensable condition for ensuring human rights is the rule of law, i.e. the establishment of a legislative regime that guarantees human rights, “so that a person is not forced to resort, as Legal reinforcement

cooperation between states last resort , to a rebellion against tyranny and oppression." It is known that the rule of law finds wide expression in the conditions rule of law And civil society

- factors of ensuring human rights; 3) the idea is held that the content of the Declaration is closely connected with the obligation of UN member states to promote universal respect and observance of human rights. full implementation this obligation." With this in mind, the UN General Assembly "proclaims the Universal Declaration of Human Rights as a goal to which all peoples and all states should strive."

What is the specific content of this task? The fundamental rights and freedoms contained in the Declaration can be divided into four groups.

The first group consists of rights and freedoms inalienable to the human person. They are based on the proposition that “all men are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards each other in a spirit of brotherhood” (v. 1). According to the Declaration, the inalienable human rights and freedoms include: the right to life, liberty and personal security (Article 3). In Art. Article 4 establishes freedom from slavery - “no one shall be held in slavery or servitude; slavery and the slave trade are prohibited in all their forms.” Article 5 prohibits torture and cruel, inhuman or degrading treatment or punishment. The Declaration proclaims the equality of all people before the law and their right, without any distinction, to the equal protection of the law (Article 7). "No one can be subjected to arbitrary interference in his personal and family life, arbitrary attacks on the inviolability of his home, the secrecy of his correspondence or on his honor and reputation" (Article 12). The first group of rights and freedoms also includes provisions relating to guarantees of justice: the right of every person to effective restoration competent in rights national courts in case of violation of his fundamental rights granted to him by the constitution or law (Article 8). “No one may be subjected to arbitrary arrest, detention or expulsion” (Article 9). Every person, in order to establish the validity of a criminal charge against him, has the right to have his case examined publicly by an independent, impartial court (Article 10). Human

§ 3 Universal Declaration of Human Rights 1948

The second group of rights and fundamental freedoms in the Declaration consists of civil rights, that is, the rights inherent in a person as a citizen - a subject who is endowed with certain rights by the state. In this regard, the Declaration declares that every person has the right to recognition of his legal personality (Article 6). He has the right to move freely and choose his place of residence within each state. Every person has the right to leave any country, including his own, and to return to his own country (Article 13). He has the right to seek refuge from persecution in other countries and to enjoy this refuge. This applies to persecution for political opinions and actions (Article 14) Every person has the right to a nationality. No one may be arbitrarily deprived of his nationality or the right to change his nationality (Article 15). Civil rights also include the right to marry and create a family (Article 16), the right to own property either individually or jointly with others. No one should be arbitrarily deprived of his property (Article 17)

The third group of rights in the Declaration consists of political rights and freedoms. These include: freedom of thought, conscience and religion (Article 18), freedom of peaceful assembly and association (Article 20), freedom of opinion and expression (Article 19). Every person has the right to take part in the government of his country, directly or through freely elected representatives. Every person has the right of equal access to public service in his country (Article 21).

The fourth group of rights in the Declaration consists of economic, social and cultural rights. This is the right to work and free choice of work, equal pay for equal work, the right to associate in trade unions. Every working person has the right to fair and satisfactory remuneration, ensuring a worthy existence for himself and his family (Article 23). The Declaration establishes the right to rest, to education, the right to freely participate in the cultural life of society, and to participate in scientific progress (Articles 24, 26, 27). An integral part of these rights is the right to a standard of living, including food, clothing, housing, medical care and necessities

8 I Legal reinforcement of cooperation between states

my social service, which is necessary to maintain the health and well-being of a person and his family. A person also has the right to security in the event of unemployment, illness, disability, widowhood, old age or other loss of livelihood due to circumstances beyond his control (Article 25). Maternity and infancy give the right to special care and assistance.

All children born in or out of wedlock must enjoy the same social protection (Article 25).

The Declaration of Human Rights also draws attention to the fact that every person must bear responsibilities to society. In addition, in the exercise of his rights and freedoms, each person shall be subject only to such restrictions as are established by law solely for the purpose of:

a) due recognition and respect for the rights and freedoms of others;

b) satisfying fair moral requirements, public order and general welfare in democratic society(v. 29).

The significance of the Universal Declaration of Human Rights is that it is based on the indivisibility of human rights, their interconnectedness: every right and every freedom cannot be opposed to other rights and freedoms and used to the detriment of them. The meaning of the rights and freedoms of man and citizen can only be established taking into account their relationship, understanding their content in the context of each other. IN modern period human and civil rights and freedoms are a matter international character, and not just domestically.

The content of the Universal Declaration of Human Rights influenced other acts, including those of a recommendatory nature. International recommendations in the field of human rights include the UN General Assembly resolution of December 14, 1960 - the Declaration on the Granting of Independence to Colonial Countries and People, which stated that the subordination of peoples to foreign yoke and domination and their exploitation is a denial of fundamental human rights and hinder the development of cooperation and the establishment of peace. The Declaration proclaimed the need to immediately and unconditionally put an end to colonialism in all its forms and manifestations. On November 20, 1959, the UN General Assembly proclaimed the Declaration of the Rights of the Child, set out in the form of ten principles. Among them are the principles social protection child, installed

§ 4 International human rights treaties 9

required by law; the duty of society and state authorities to take care of children who do not have a family or sufficient means of subsistence; the principle of protecting the child from all forms careless attitude, cruelty and exploitation; protection from racial, religious or any other form of discrimination.

A large number of recommendations in the field of cooperation on human rights were accepted by one of specialized institutions UN - International organization labor (ILO). Often, ILO recommendations are made in addition to adopted conventions, as if detailing their provisions, putting forward a wider range and scope of rights. According to the ILO Constitution, recommendations are not binding. However, they are communicated to all members of the Organization for their consideration with a view to giving them force through legislation or other means. Thus, the ILO recommendations are not without practical significance, since they serve as a standard “blank” that allows the state to improve its national standards in the field of regulation of working conditions; play the role of a “stimulant” for decision making. At the same time, the state proceeds from the provision of the ILO Charter (Article 19) that the adoption by the ILO of any convention or recommendation cannot affect working conditions that are more beneficial for workers, already existing in given state. Examples of ILO recommendations include Employment Policy Recommendation No. 122 (1964); Recommendation No. 136 o special programs to provide youth employment (1970);

first universal international act on human rights. Adopted by the UN General Assembly on December 10, 1948. Consists of a preamble and 30 articles, which proclaim a range of fundamental civil, political, social, economic and cultural human rights and freedoms. Despite the fact that V. d. p. h. is not international treaty, quite wide use received the position that she, by virtue of custom, acquired binding force.

Excellent definition

Incomplete definition ↓

UNIVERSAL DECLARATION OF HUMAN RIGHTS

The Universal Declaration of Human Rights is a list of human rights that has received the widest distribution and support in the world (see Appendix 2). The values ​​enshrined in the Declaration underpin the work of IA. Fundamental Principle The Declaration is to recognize the value of every person's life. The Universal Declaration of Human Rights has been the basis of the UN's activities to protect human rights for more than half a century. The Declaration was adopted by the UN General Assembly on December 10, 1948 as the main document for the protection of human rights throughout the world. The thirty articles of the Declaration proclaim civil, cultural, economic, political and social rights person. Among them: the right to life, liberty and security of person; equality before the law, the right to a fair and public trial and the presumption of innocence; freedom of movement; freedom of thought, conscience and religion; freedom of opinion and freedom of speech; freedom of peaceful assembly and association; freedom from slavery; torture or cruel, inhuman or degrading treatment or punishment; arbitrary arrest, detention or expulsion; rights to citizenship, marriage and property; the right to take part in the government of one's country; the right to work, to receive decent wages for work; right to rest, decent level life and education; the right to organize and join trade unions; the right to seek asylum from persecution. The Universal Declaration of Human Rights helped establish the idea that human rights are an international responsibility rather than a matter of the internal affairs of each state. The Declaration established the principle of the universality and indivisibility of human rights. This means that all people can always enjoy all rights and that no group of rights can be realized to the detriment of another. Although the adoption of the Declaration laid the foundation for the creation of most international human rights law, the Declaration itself is only a set of principles and has no legal force. Nevertheless, the ideals of the Declaration have taken root in international law and many of its provisions have gained real force. Proposals have been made to make portions of the Declaration (or the Declaration as a whole) binding, either as a reflection of customary international law or as an official interpretation of the UN Charter. Under the UN Charter, member countries undertake to promote respect for human rights and fundamental freedoms, and the Universal Declaration is the official body of such rights and freedoms. In many countries the principles of the Universal Declaration of Human Rights are woven into the fabric state constitutions and laws. The General Assembly and UN human rights bodies have repeatedly called for the implementation of the provisions of the Declaration in their resolutions. The principles of the UDHR have become legal force in two documents - the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The UN has embodied the principles of the Universal Declaration of Human Rights in dozens of other standards, many of which have evolved into practical human rights mechanisms. Among them: International Convention on the Elimination of All Forms of Racial Discrimination; Convention on the Elimination of All Forms of Discrimination against Women; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention); Convention on the Rights of the Child. See also international human rights instruments, international mechanisms in the field of human rights, international standards in the field of human rights and international human rights agreements.

Preamble

Pay attention to that recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the basis of freedom, justice and peace in the world; And

pay attention to that neglect and contempt for human rights have resulted in barbarous acts which outrage the conscience of mankind, and that the creation of a world in which men will have freedom of speech and belief and will be free from fear and want is proclaimed as the highest aspiration of the people; And

pay attention to that it is necessary that human rights should be protected by the rule of law in order to ensure that man is not forced to resort, as a last resort, to rebellion against tyranny and oppression; And

pay attention to that it is necessary to promote the development of friendly relations between peoples; And

pay attention to that the peoples of the United Nations have reaffirmed in the Charter their belief in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women, and have resolved to promote social progress and the improvement of living conditions under more freedom; And

pay attention to that Member States are committed to promoting, in cooperation with the United Nations, universal respect for and observance of human rights and fundamental freedoms; And

pay attention to that a common understanding of the nature of these rights and freedoms is essential to the full implementation of this obligation,

General Assembly,

proclaims this Universal Declaration of Human Rights as a goal to which all peoples and states should strive, so that every individual and every organ of society, keeping this Declaration always in mind, shall strive through education and training to promote respect for these rights and freedoms and to ensure, through national and international progressive measures, general and effective recognition and their implementation both among the peoples of the member states of the Organization and among the peoples of the territories under their jurisdiction.

Article 1

All people are born free and equal in dignity and rights. They are endowed with reason and conscience and must act towards each other in a spirit of brotherhood.

Article 2

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, class or other status.

Moreover, no distinction shall be made on the basis of political, legal or international status country or territory to which a person belongs, whether that territory is independent, trust, non-self-governing, or otherwise limited in its sovereignty.

Article 3

Every person has the right to life, liberty and security of person.

Article 4

No one should be held in slavery or servitude; Slavery and the slave trade are prohibited in all their forms.

Article 5

No one should be subjected to torture or cruel, inhuman or degrading treatment or punishment.

Article 6

Every person, wherever he is, has the right to recognition of his legal personality.

Article 7

All people are equal before the law and are entitled, without any distinction, to equal protection of the law. All persons have the right to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination.

Article 8

Every person has the right to effective redress by the competent national courts in cases of violation of his fundamental rights granted to him by the constitution or law.

Article 9

No one may be subjected to arbitrary arrest, detention or expulsion.

Article 10

Every person has the right, in full equality, to have his case heard publicly and fairly by an independent and impartial tribunal, in order to determine his rights and obligations and to determine the validity of any criminal charge against him.

Article 11

1. Every person accused of committing a crime has the right to be considered innocent until his guilt is established. legally by vowel judicial trial, in which he is provided with all possibilities for protection.

2. No one can be convicted of a crime on the basis of the commission of any act or omission, which at the time of their commission did not constitute a crime under national laws or by international law. Nor can a punishment be imposed that is more severe than that which could have been applied at the time the crime was committed.

Article 12

No one may be subjected to arbitrary interference with his private and family life, arbitrary attacks on the inviolability of his home, the privacy of his correspondence or his honor and reputation. Every person has the right to the protection of the law against such interference or attacks.

Article 13

1. Every person has the right to move freely and choose his place of residence within each state.

2. Every person has the right to leave any country, including his own, and to return to his own country.

Article 14

1. Every person has the right to seek refuge from persecution in other countries and to enjoy this refuge.

2. This right shall not be exercised in the case of prosecution actually based on the commission of a non-political crime or an act contrary to the purposes and principles of the United Nations.

Article 15

1. Every person has the right to citizenship.

2. No one shall be arbitrarily deprived of his nationality or the right to change his nationality.

Article 16

1. Men and women who have reached the age of majority have the right, without any limitation due to race, nationality or religion, to marry and to found a family. They enjoy the same rights regarding marriage, during marriage and at the time of its dissolution.

2. Marriage can only be concluded with the free and full consent of both parties entering into marriage.

3. The family is the natural and basic unit of society and has the right to protection by society and the state.

Article 17

1. Every person has the right to own property, either individually or jointly with others.

2. No one should be arbitrarily deprived of their property.

Article 18

Every person has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom to manifest his religion or belief, either alone or in community with others and in public or private, in teaching, worship and observance.

Article 19

Every person has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and freedom to seek, receive and impart information and ideas through any media and regardless of frontiers.

Article 20

1. Every person has the right to freedom of peaceful assembly and association.

2. No one shall be forced to join any association.

Article 21

1. Every person has the right to take part in the government of his country, directly or through freely chosen representatives.

2. Every person has the right of equal access to public service in his or her country.

3. The will of the people must be the basis of the government's authority; this will must find expression in periodic and unfalsified elections, which must be held under universal and equal suffrage by secret ballot or by other equivalent forms ensuring freedom of voting.

Article 22

Every person, as a member of society, has the right to social Security and to carry out what is necessary to maintain his dignity and for free development his personal rights in economic, social and cultural areas through national efforts and international cooperation and in accordance with the structure and resources of each state.

Article 23

1. Every person has the right to work, to free choice of work, to fair and favorable conditions labor and protection against unemployment.

2. Every person, without any discrimination, has the right to equal pay for equal work.

3. Every worker has the right to fair and satisfactory remuneration, ensuring a decent human existence for himself and his family, and supplemented, if necessary, by other means of social security.

4. Every person has the right to create trade unions and join trade unions to protect their interests.

Article 24

Every person has the right to rest and leisure, including the right to a reasonable limitation of the working day and to paid periodic leave.

Article 25

1. Every person has the right to such a standard of living, including food, clothing, housing, medical care and necessary social services, as is necessary for the health and well-being of himself and his family, and the right to security in the event of unemployment, illness, disability, widowhood, old age or other loss of livelihood due to circumstances beyond his control.

2. Maternity and infancy give the right to special care and assistance. All children, whether born in or out of wedlock, should enjoy the same social protection.

Article 26

1. Every person has the right to education. Education should be free at least for primary and general education. Primary education should be compulsory. Technical and professional education must be publicly available, and higher education should be equally accessible to everyone based on everyone's abilities.

2. Education should be aimed at the full development of the human personality and at increasing respect for human rights and fundamental freedoms. Education should promote understanding, tolerance and friendship among all peoples, racial and religious groups, and should contribute to the peacekeeping activities of the United Nations.

3. Parents have the right of priority in choosing the type of education for their young children.

Article 27

1. Every person has the right to freely participate in the cultural life of society, to enjoy the arts, to participate in scientific progress and to enjoy its benefits.

2. Every person has the right to the protection of his moral and material interests resulting from scientific, literary or artistic works, of which he is the author.

Article 28

Every person has the right to social and international order in which the rights and freedoms set forth in this Declaration can be fully realized.

Article 29

1. Every person has responsibilities to society, in which only the free and full development of his personality is possible.

2. In the exercise of his rights and freedoms, each person shall be subject only to such restrictions as are prescribed by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and satisfying the just requirements of morality, public order and the general welfare in a democratic society.

3. The exercise of these rights and freedoms must in no case be contrary to the purposes and principles of the United Nations.

Article 30

Nothing in this Declaration shall be construed as granting to any State, group of persons or individuals the right to engage in any activity or take actions aimed at the destruction of the rights and freedoms set forth in this Declaration.

the first international human rights act of a universal nature. Adopted by the UN General Assembly on December 10, 1948. Consists of a preamble and 30 articles, in which for the first time in the history of mankind and international relations the range of basic civil, political, social, economic and cultural human rights and freedoms is outlined.

Among personal, elementary civil rights proclaimed the right to life, liberty and security of person. It is stated that no one should be held in slavery, servitude, torture, arbitrary arrest, detention or exile. Everyone has the right to inviolability of personal and family life, home, confidentiality of correspondence, protection of honor and reputation, the right to protection by an impartial court (Article 3-11). Political rights such as freedom of belief, conscience, peaceful assembly and association, the right to govern one’s country, are widely represented. voting rights, freedom of movement, the right of asylum, citizenship, ownership of property, the right to marry and found a family without any restrictions (Articles 12-21). With the active support of the USSR in V.d.p.ch. included the right to work, to fair and satisfactory remuneration and to equal pay for equal work, the right to form trade unions (Article 23), the right to rest, to social security and special protection motherhood and childhood (Articles 24.25), the right to education and participation in cultural life (Articles 26, 27).

Despite the fact that V.d.p.h. is not an international treaty, it is widely believed that it has acquired binding force by custom.

Encyclopedia of Lawyer. 2005 .

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