XII Международная студенческая научная конференция Студенческий научный форум - 2020

The article is devoted to the study of problems relating to the mechanism of the international protection of the human rights using different bodies, such as UN human rights Committee and the European Court of human rights.

Key words:human rights, international protection, violated rights, UN human rights Committee, the European Court of human rights.

One of the most important branches of the international law is the branch of human rights. The proclamation, consolidation and protection of fundamental human rights and freedoms constitute the basis for the existence of any law abiding state.

For the most effective implementation of the provisions enshrined in international instruments on human rights and their protection, it is necessary to develop an appropriate mechanism that determines the procedure for such protection and the main aspects of its implementation. International mechanism for the protection of human rights is international organizational structures established in accordance with the norms of international law, the main purpose of which is the protection of human rights

The main purpose of this mechanism is the protection of human rights. This implies that in the case of rights and freedoms violation provided by international instrument, a person under the jurisdiction of a state party to the instrument may apply to specially authorized bodies to protect their rights. In the Russian Federation such bodies are the UN human rights Committee and the European Court of human rights.

The human rights Committee was established and operates under the international Covenant on civil and political rights of 16 December 1966. The Committee consists of 18 members elected from among the nationals of States parties to the Covenant, with no more than one representative from one state. Every year States submit reports to the UN Secretary-General on their work in the field of respect and protection of human rights. In the event of issues that States cannot resolve on their own, a Conciliation Commission may be established to peacefully resolve the disputes that have arisen. The optional Protocol to The international Covenant on civil and political rights regulates the treatment of citizens before the human rights Committee. Under it persons under the jurisdiction of States parties may submit a written communication to the human rights Committee in the following situations:

If the rights listed in the Covenant have been violated

If they have exhausted all domestic remedies

If the matter is not dealt with under another procedure of international investigation.

In case of compliance with the above requirements, the Committee shall consider the submitted communication in a closed meeting. The decisions and views taken during such meetings shall be expressed to the state and to the person applying. However, it should be mentioned that these decisions are not binding and have only recommendatory character. In accordance with them the state independently determines the need for action. Accordingly the human rights Committee is not always an effective body for the protection of violated human rights.

In addition a person under the jurisdiction of the Russian Federation may apply to the European Court of human rights. This body operates in accordance with the Convention for the protection of human rights and fundamental freedoms ETS N 005. The European court of human rights is composed of judges whose number corresponds to the number of States parties to the Convention. Any person or group of people against whom the above-mentioned States have committed violations of their rights has the right to file a written non-anonymous complaint with the European court of human rights. Such communication shall be considered in the following cases:

If all domestic remedies have been exhausted

If the situation described is similar in content to one already considered by the court or if another international proceeding is being conducted against it

If the condition of admissibility is met. This condition means that the basis of the application complies with the provisions of the Convention on human rights and the applicant has suffered significant damage to his rights.

If the complaint is accepted in addition to the trial itself the court has the right to propose a settlement agreement based on respect for the rights enshrined in the Convention. Representatives of both parties participate in the consideration of the case and, if necessary, the court may conduct additional investigation to better understand the circumstances of the case. Unlike the human rights Committee, decisions of the European court of human rights are binding on the parties. The execution is supervised by the Committee of Ministers where the court sends the final decision. The case is considered to be over when the parties have fulfilled their obligations.

Thus, the mechanisms of international legal protection of human rights are organizational structures whose activities are aimed at the protection of human rights. For the Russian Federation, such mechanisms are the human rights Committee and the European court of human rights. These bodies operate in accordance with the international instruments on the basis of which they have been established. Their peculiarity is that they protect only the human rights provided for in their main document. The main difference between these bodies is their decisions, which in the case of the human rights Committee are Advisory and in the case of the European court of human rights are binding.

References

International Covenant on civil and political rights. [Electronic resource]: adopted by the UN General Assembly resolution 2200A (XXI) of 16.12.1966 / / Official website of the United Nations. URL: https://www.un.org/ru/documents/decl_conv/conventions/pactpol.shtml;

Convention for the protection of human rights and fundamental freedoms. [Electronic resource]: from 04.11.1950 ETS No. 005 (with ed. from 13.05.2004) // Bulletin of international treaties. - 2001. - No. 3. - Access mode: Consultant plus;

Protocol No. 1 to the Convention on the protection of human rights and fundamental freedoms of 20.03.1952 ETS No. 009 / / Assembly of legislation of the Russian Federation-may 18, 1998-No. 20-St. 2143;

Kartashkin V. A. human Rights in international and domestic law: monograph. – M.: publishing house of IGIP Russian Academy of Sciences, 2005. - 135 p.;

Alisievich E. S. Reform of the European Court of human rights: a difficult way to improve the effectiveness of the control mechanism / E. S. Alisievich, A. M. Nikolaev / / Vestnik RUDN. - 2009. - No. 5. - Pp. 223-232.

Код для цитирования: Скопировать