International control over the observance of fundamental human rights. International control over observance of human rights. The system of human rights protection operating within the framework of the Organization of American States has a number of features in comparison with the region.

Although international organizations and bodies have been dealing with human rights issues for decades, it is clear that success in this direction can be achieved only 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 on 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 on the basis of Resolution No. 1503 of May 27, 1970 of the Economic and Social Council. This procedure has a number of features. It is universal, since 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 essentially serious consequences for the States concerned. However, such consideration is important for determining situations where systematic and gross violations of human rights occur.

In 1993, the UN General Assembly established the post of High Commissioner for Human Rights. This issue has been debated in the UN for several decades, but it is still too early to say whether the activities of the commissioner, who is currently former Irish President M. Robinson, will lead to a real improvement in human rights in the world.

Control mechanisms for monitoring the state of human rights in certain areas also operate in the UN specialized agencies. This work is carried out most consistently in the ILO, which regularly monitors through its supervisory bodies the situation with observance of labor rights in various countries.

The Council of Europe has a developed system of control bodies for human rights, based on the activities of the European Commission on 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 entered 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.

This Protocol establishes an unconditional right to petition by individuals. Now there will be no need to wait for a special statement by the member states of the Council of Europe on this issue, as has been the case so far.

Thanks to the great practice of considering complaints, the European Court of Human Rights has become a significant factor in the legal development and improvement of the human rights protection system in Europe, and the case law it created can be used by states that have recently become members of the Council of Europe, and, in particular, by Russia, to improve their legislation and law enforcement.

As already noted, the principles and norms in the field of observance of human rights are formulated in documents of both a universal and regional nature. To regional human rights organizations, include the Organization of American States, the Council of Europe, the Organization of African Unity, the Organization for Security and Cooperation in Europe, and the Organization of the Islamic Conference.

On the American continent, there are a number of convention documents on human rights, among which the Inter-American Convention on Human Rights occupies a central place.

African countries, emphasizing their specifics of developing states, adopted, in particular, the African Charter on Human and Peoples' Rights.

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Success in the observance of human rights can be achieved only with effective international control over their actual observance. The UN Secretariat has Center for Human Rights, involved, in particular, and the collection of information from various sources on the situation with human rights in the world. Since 1997, its functions have been transferred to Office of the United Nations High Commissioner for Human Rights. Under him and under the auspices of the UN Commission on Human Rights, procedure for dealing with private complaints based on resolution 1503 May 27, 1970 This procedure has a number of features. It is universal, since it does not depend on the consent of states; a citizen of any state can use it.

In 1993 The UN General Assembly established post of High Commissioner for Human Rights.

AT Human Rights Committee and other convention bodies, significant development has been control function related to the consideration of private complaints.

Constantly operate expert bodies, established on the basis of universal human rights treaties. Working on the basis of the International Covenant on Civil and Political Rights Human Rights Committee, which is authorized to consider reports on measures taken and on progress made in the exercise of rights and to consider written complaints from individuals. Committee on Economic, Social and Cultural Rights ECOSOC was created to consider reports on the implementation of the International Covenant on Economic, Social and Cultural Rights.

Topic 11. LAW OF INTERNATIONAL ORGANIZATIONS

THE CONCEPT AND SOURCES OF THE LAW OF INTERNATIONAL ORGANIZATIONS

Law of international organizations- a set of international legal norms regulating the status of international (intergovernmental) organizations and associations, their subject composition, structure, powers and procedures for the activities of bodies, the legal force of their acts. International organizations- an important constituent element in the formation of a new international legal order.

The main body of the law of international organizations is formed by the norms of their constituent acts, as well as treaties related to organizations, for example, Vienna Convention on the Law of Treaties between States and International Organizations or between International Organizations, 1986.

Growing number and role customary norms in this industry.

A special place among the sources of their law is occupied by internal law of international organizations .

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Control mechanisms represent certain organizational structures (committees, working groups, special rapporteurs, etc.). International control mechanisms and procedures should not be identified. Unlike international control mechanisms, procedures are the procedures and methods for examining relevant information and responding to the results of such research.

Different procedures may be used within the same control body.

The 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.

Persons who are part of a particular control mechanism most often act in their personal capacity, that is, they are not responsible to their governments for their activities and do not receive any instructions from them. They act as part of these mechanisms independently 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 end with recommendations). Less commonly, they are binding on the parties concerned (judgments of the European Court of Human Rights). Ultimately, everything depends on the mandate given to the supervisory body.

International mechanisms in the field of human rights protection do not always cope with their duties. They sometimes duplicate each other, require excessive financial expenses, and lead to the adoption of not always objective decisions. However, their creation and increase in their number is a reflection of the 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 established by international organizations. Thus, according to the Covenant on Economic, Social and Cultural Rights, the participants' reports on their implementation of its provisions are sent through the UN Secretary General to ECOSOC. Such control became possible only after the consent of ECOSOC to assume control functions, since ECOSOC is a UN body, and not a body created by the Pact.

A similar legal situation arose with the establishment of the Group of Three Control Mechanism for the Implementation of the International Convention on the Suppression and Punishment of the Crime of Apartheid of November 30, 1973. The Group of Three is appointed annually by the Chairman of the Commission on Human Rights from among the members of the Commission, who are also representatives of the states parties to the Convention.

Description

Respect for human rights and fundamental freedoms is one of the key conditions for the harmonious development of any modern society and state, its prosperity and stability. Disregard for these rights, their violation is not only immoral and incompatible with human dignity, but is also fraught with dangerous consequences - the deterioration of living standards, the growth of social tension and protest moods. Violations of human rights often become the causes of spontaneous riots and pogroms, provoke confrontations that paralyze the normal life of hundreds of thousands and millions of people, causing billions of dollars of damage to economies and often threatening international peace and security.

Introduction…………………………………………………………………...………3
Chapter 1. The concept, classification and principles of human rights………………5
1.1. The concept of human rights…………………………………………………………5
1.2. Principles of human rights law……………………………………………….6
1.3. Classification of human rights and freedoms………………………………………7
Chapter 2. Universal control mechanisms and procedures within the UN………………………………………………………………………………...10
2.1. The basis of universal control mechanisms and procedures within the UN…………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………….
2.2. The structure of the universal control mechanisms and procedures within the UN………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………………
Chapter 3. The concept, types and forms of international control over the observance of human rights………………………………………………..…………………….17
3.1. The concept of international control over the observance of human rights ...... 17
3.2. Types and forms of international control over the observance of human rights……………………………………………………………………………….17
Conclusion……………………………..………………………………………….20
List of used literature………..………………………………...21

The work consists of 1 file

2.2. Structure of universal control mechanisms and procedures within the UN

The universal mechanism for the international protection of human rights and freedoms has been created and operates within the framework of the United Nations, its specialized agencies (ILO, UNESCO), which are engaged in codification activities in the field of human rights.

Such powers are assigned by the UN Charter to the General Assembly (art. 13), the Economic and Social Council (art. 62, 64) within their competence as the main organs of the UN, as well as to the Secretary General. eight

Other UN bodies, in particular, the Security Council, are also involved in consideration of issues related to human rights to one degree or another. Taking into account the absence in international law of the universally recognized concept of "threat to peace", as well as the close connection of gross violations of human rights with armed conflicts, it should be borne in mind that the Security Council has the right to qualify gross and massive violations of human rights as a "threat to peace" and adopt resolutions on the application of sanctions against the offending state.

Special (non-statutory) bodies include the Human Rights Council, the Commission on the Status of Women - one of the 8 functional commissions of ECOSOC, the Office of the High Commissioner for Human Rights, the Office of the High Commissioner for Refugees.

These mechanisms have the status of subsidiary bodies of the UN.

Particular attention should be paid to the legal basis and activities of the Human Rights Council, established in accordance with UN General Assembly resolution 60/251 of March 15, 2006 9 “to replace the Commission on Human Rights as its subsidiary body”. The Council consists of 47 member states, each of which is elected by a majority of the members of the General Assembly by direct secret ballot for 3 years on the basis of the principle of equitable geographical representation. The competence of the Council includes the promotion of universal respect and protection of all human rights and freedoms; consideration of situations related to their gross and systematic violations, etc.

An important innovation in the activities of the new UN human rights mechanism is the Universal Periodic Review (UPR) system. Already at its 5th session in 2007, the Human Rights Council adopted Resolution 5/1 “Institutional building of the UN Human Rights Council” dated 06/18/2007, which approved the UPR procedure and determined its frequency, and also determined the powers of the Council to consider issues related to human rights violations anywhere in the world and to appoint special rapporteurs or representatives - independent experts with recognized competence in the field of human rights. Their powers (mandates) are different (to collect information and study specific situations in individual countries - the so-called country mandates, or on certain problems related to violations of any of the human rights - the so-called thematic mandates) . The above document contains important provisions regarding the selection, nomination and appointment of special rapporteurs. In addition, in the same resolution, the Council approved a complaints procedure (which replaced procedure 1503 (XLVIII) of ECOSOC 1970) to deal with systematic and credibly attested gross violations of all human rights and all fundamental freedoms committed in any area of ​​the world and in any circumstances. For this, two separate working groups (on communications and on situations) are established with a mandate to consider communications and bring to the attention of the Council systematic and reliably confirmed gross violations of human rights and fundamental freedoms.

In 1993, the UN General Assembly established the post of UN High Commissioner for Human Rights, who is the UN official with primary responsibility for UN human rights activities under the direction and auspices of the Secretary-General (UN General Assembly resolution 48/141). 10 The main task of the High Commissioner is to promote the fullest possible realization of all human rights through the implementation of the relevant decisions taken by the governing bodies of the United Nations. Performing the functions of coordinating all UN programs in the field of human rights, the High Commissioner ensures close cooperation between the various bodies of the Organization and the conventional control mechanism, and is called upon to help eliminate parallelism and duplication in their work. eleven

Chapter 3. The concept, types and forms of international control over the observance of human rights

3.1. The concept of international monitoring of human rights

Under international control is understood the coordinated activity of states or international organizations to verify compliance by states with their obligations in order to ensure their implementation.

International control over the observance of human rights and freedoms is characterized by the presence of special international control mechanisms and procedures for the observance of human rights and freedoms.

Control mechanisms are defined organizational structures (committees, working groups, special rapporteurs, etc.) and procedures are the procedures and methods for examining relevant information and responding to the results of such research. 12

3.2. Types and forms of international control over the observance of human rights

Special international control mechanisms and procedures for international control over the observance of human rights and freedoms have a different legal nature: conventional control mechanisms, i.e. such international control mechanisms and procedures as are established on the basis of international human rights agreements; non-contractual control mechanisms and procedures are created and function within the framework of a number of international organizations (UN, ILO, UNESCO, etc.). The latter, in turn, are divided into statutory and special.

According to the territorial scope of action, international control mechanisms and procedures are divided into universal and regional (for example, created within the framework of the pan-European process).

Based on the form of control, all international bodies can be divided into judicial and quasi-judicial. According to the legal force of the decisions (conclusions, resolutions) made, all international control bodies are divided into two groups: bodies whose decisions are binding on the state to which they are addressed (decisions of judicial control bodies) and bodies whose conclusions (resolutions) are advisory in nature (committees, commissions). statutory and subsidiary bodies of international organizations). 13

International control over the observance of human rights and freedoms is carried out in the following forms:

a) consideration of periodic reports of States on the fulfillment of their obligations in this field;

b) consideration of claims of states against each other regarding the violation of such obligations;

c) consideration of individual complaints from individuals, groups of individuals of non-governmental organizations about violations of their rights by the state;

d) study (research, investigation) of situations related to alleged or established violations of human rights (special working groups, speakers, representatives, etc.);

e) conducting a dialogue with the government of the state regarding the implementation of human rights by it or assisting in the development of programs for their implementation. fourteen

Conclusion

International control over the observance of human rights is an activity carried out in accordance with the norms and generally recognized principles of international law and within the framework of a mandate established by an authorized international organization or an international treaty, which involves the collection and analysis of information on the implementation by states of applicable international legal principles and norms in the field of human rights, assessing the level of their implementation and making recommendations aimed at eliminating violations, ensuring greater respect for human rights and fundamental freedoms and preventing possible violations in the future, as well as, in many cases, further monitoring the implementation of previous recommendations.

Today, international control over the observance of human rights is the main international instrument for ensuring that states comply with their international obligations in this area.

The system of universal international control in the field of human rights includes the following bodies: conventional human rights bodies, the UN General Assembly, ECOSOC and the UN Commission on the Status of Women, the Security Council, the International Court of Justice, the UN Secretariat, the HRC and its subsidiary bodies, individual specialized agencies UN (ILO, UNESCO), as well as temporary mechanisms created by them.

List of used literature

1. Universal Declaration of Human Rights" (adopted by the UN General Assembly on 12/10/1948) // ATP "Consultant Plus"
2. Charter of the United Nations" (adopted in San Francisco on June 26, 1945) // ATP "Consultant Plus".
3. Charter of Fundamental Rights of the European Union" (Adopted in Nice on 07.12.2000) // ATP "Consultant Plus"
4. International Covenant dated 12/16/1966 "On Civil and Political Rights" // ATP "Consultant Plus"
5. International pact of 12/16/1966 "On economic, social and cultural rights" // ATP "Consultant plus"
6. Resolution 48/141 of the UN General Assembly "High Commissioner for the Promotion and Protection of All Human Rights" (Adopted on December 20, 1993 at the 48th session of the UN General Assembly) // ATP "Consultant Plus".
7. Golovastikova, A.N. Human rights: textbook / A.N. Golovastikova, L.Yu. Grudtsyn. – M.: Eksmo, 2006. – 448 p.
8. Kartashkin, V.A. Human rights. International protection in the context of globalization / V.A. Kartashkin. – M.: Norma, 2009. – 288 p.
9. Lukashuk, I.I. International law. Special part: textbook / I.I. Lukashuk. - M.: Wolters Kluver, 2008. - Ch.1. - P.1-22.
10. International law. Collection of documents: textbook. allowance / comp. N.T. Blatova, G.M. Melkov. - M.: RIOR, 2009. - 704 p.
11. Pavlova, L.V. Human rights law: textbook. allowance / L.V. Pavlova. - Insk: BGU, 2005. - 222 p.
12. Human rights and processes of globalization of the modern world / ed. E.A. Lukasheva. - M.: Norma, 2007. - 462 p.
13. Starovoitov, O.M. International protection of the rights of the child: textbook. allowance / O.M. Starovoitov. - Minsk: BGU, 2007. - 132 p.
14. http://www.un.org/russian/news/fullstorynews.asp?NewsID=15181

1 Lukashuk, I.I. International law. Special part: textbook / I.I. Lukashuk. - M.: Wolters Kluver, 2008. - Ch.1. - P.1-22.

2 Kartashkin, V.A. Human rights. International protection in the context of globalization / V.A. Kartashkin. – M.: Norma, 2009. – 288 p.

3 Human rights and processes of globalization of the modern world / ed. E.A. Lukasheva. - M.: Norma, 2007. - 462 p.

4 "Charter of Fundamental Rights of the European Union" (Adopted in Nice on 07.12.2000) // ATP "Consultant Plus"

5 "Universal Declaration of Human Rights" (adopted by the UN General Assembly on December 10, 1948) // ATP "Consultant Plus"

6 International pact of 12/16/1966 "On economic, social and cultural rights" // ATP "Consultant Plus"

7 International Covenant of 12/16/1966 "On Civil and Political Rights" // ATP "Consultant Plus"

8 "Charter of the United Nations" (adopted in San Francisco on June 26, 1945) // ATP "Consultant Plus".

9 http://www.un.org/russian/news/fullstorynews.asp?NewsID=15181

10 Resolution 48/141 of the UN General Assembly "High Commissioner for the Promotion and Protection of All Human Rights" (Adopted on 20.12.1993 at the 48th session of the UN General Assembly) // ATP "Consultant Plus".

11 Starovoitov, O.M. International protection of the rights of the child: textbook. allowance / O.M. Starovoitov. - Minsk: BGU, 2007. - 132 p.

12 International law. Collection of documents: textbook. allowance / comp. N.T. Blatova, G.M. Melkov. - M.: RIOR, 2009. - 704 p.

13 Pavlova, L. V. Human rights law: textbook. allowance / L.V. Pavlova. - Insk: BGU, 2005. - 222 p.

14 Golovastikova, A.N. Human rights: textbook / A.N. Golovastikova, L.Yu. Grudtsyn. – M.: Eksmo, 2006. – 448 p.

The rules, expressed in the form of universally recognized principles and norms of international law in the field of human rights, can be considered as certain international legal standards. States cannot encroach on these rights and freedoms. They are obliged to create such a legal, social and political regime that would oblige and guarantee the rights and freedoms granted to a person.
Ensuring the commitments undertaken by states in the field of human rights and fundamental freedoms is achieved by domestic and international legal measures, which is a mechanism for monitoring the observance of human rights and freedoms.

1. Domestic and international legal measures in the field of protection of human rights and freedoms Domestic measures to ensure human rights obligations primarily include the fundamental human rights and freedoms enshrined in the Constitution of the Russian Federation and Laws of the Russian Federation.

The legislation of the state must accept the requirements of the international legal norm and adapt to it. The “translation” of the requirements of an international legal norm into the requirements of national law is called the implementation of the norms of international law. The implementation of these norms in the field of human rights is closely related to the constitutional regulation of the state's activities to ensure and implement these rights. It is the constitution that, first of all, determines the foundations of the relationship between the individual and the state.
The Constitution of the Russian Federation reflects many generally recognized human rights and freedoms, enshrined in international law, as we have already discussed above.
International legal measures to ensure human rights obligations primarily include:
- international procedures - the most common way to ensure obligations in the field of human rights. It is associated with a variety of measures and actions of states. First of all, these are: consideration by the competent bodies stipulated by international treaties (UN, Human Rights Committee, ILO1) relating to human rights, reports of states on the fulfillment of their obligations, consideration by these bodies of complaints, petitions, appeals of individuals, groups on violation of their rights; studying, investigating situations concerning violations of human rights;

• international control - may be provided for by an international treaty to verify how the state fulfills its obligations. In case of violation of these obligations, the state is pointed out such a violation, and it is obliged to take measures to eliminate them;
• international programs to promote the rights of certain categories of individuals - can be adopted within the framework of international organizations and are aimed at improving the situation of certain categories of citizens. For example: the United Nations Development Program for the Progress of Working Women - 1968, the World Declaration on the Survival, Protection and Development of Children, the Program of Action to address refugee issues (within the CIS);
• the activities of international officials in the field of human rights protection (for example, the UN High Commissioner for Human Rights);
• international criminal liability of individuals for gross violations of human rights norms - provided for in accordance with the Agreement between the governments of the USSR, the USA, Great Britain and France on the prosecution and punishment of major war criminals, concluded on August 8, 1945. On the basis of the Agreement, the International Military Tribunal was approved for trial of war criminals. On February 22, 1993, the UN Security Council established the International Military Tribunal to prosecute those responsible for serious violations.

In order to carry out domestic measures - to ensure guarantees of state protection of the rights and freedoms of citizens, their observance and respect by state bodies, local governments and officials, the Russian Constitution of 1993 established the institution of the Commissioner for Human Rights in the Russian Federation, whose status is regulated by the Federal Constitutional Law "On Commissioner for Human Rights in the Russian Federation”.

More on the Human Rights Monitoring Mechanism:

1. N 1. Forensic characteristics of criminal violations of labor safety rules
2. TOPIC A I ESSENCE, CONTENT AND SPECIFICITY OF THE SUBJECT OF HUMAN RIGHTS.
3. TOPIC 23 LEGISLATION AND CONSTITUTIONAL JUSTICE IN THE NATIONAL MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS.
4. TOPIC 27 PUBLIC (NON-GOVERNMENTAL) ORGANIZATIONS IN THE MECHANISM FOR THE PROTECTION OF HUMAN RIGHTS.
5. The activities of military officials in respect of fundamental human rights in the Armed Forces The role and significance of international legal acts in protecting the rights of military personnel
6. HUMAN RIGHTS IN CONSTITUTIONS AND NATIONAL LEGISLATION ON THE EXAMPLE OF RUSSIA AND GERMANY (COMPARATIVE LEGAL ANALYSIS) T. V. Sychevska