Реферат: Права человека /English/

The General Assembly of UNO according to article 13 of The UNO Constitution carries out researches and gives recommendations concerning fulfillment and respect of human rights. In order to support this UNO accepts appropriate resolutions on particular questions of protection of human rights. Though the resolutions have recommendatory character, member countries, as a rule execute these recommendations. The General Assembly also accepts and opens for ratification by countries - members conventions, which fix international standards of human rights. Economic and Social Council helps General Assembly in this activity. According to article 68 of The UNO Constitution two functional commissions were created - the Human Rights Committee with smaller Subcomission on Prevention of Discrimination and Protection of Minorities and the Commission on Women Status. In the already mentioned Subcomission there is a representative of Ukraine professor Vladimir Butkevich.

The Human Rights Committee is chosen by the Economic and Social Council from 43 representatives of UNO member countries for 3 years. The representatives of Ukraine many times were chosen members of the Human Rights Committee considering their active work in the development of international agreements and other documents in the field of rights of the person.

The Human Rights Committee is going annually on sessions and discusses most important questions of international protection of human rights. Besides development of projects of conventions for General Assembly of UNO, it investigates the cases of malicious and mass abuse of human rights.

Only in modern conditions of development UNO and its bodies have an opportunity to depart from the ideological collisions on questions of human rights and to begin to consider aspects of interstate relations as cooperation for achievement of such great values - rights and freedoms of the person.

Now such conventional bodies act: Committee on Liquidation of Race Discrimination, created according to the International Convention on Liquidation of All Forms of Race Discrimination, December 21, 1965 (since April 7, 1969 Ukraine participates in this Convention); the Human Rights Committee, created according to International Pact on Civil and Political rights, December 16, 1966, (Ukraine participates in this Pact since November 19, 1973); Committee on Liquidation of Discrimination of Women, created according to the Convention on Liquidation of All forms of Discrimination of Women, December 18, 1979 (since September 3, 1981 Ukraine participates in this Convention), Committee Against Tortures, created according to the Convention Against Tortures and Other Severe or Humiliating Honor Kinds of Behaviour and Punishment, December 10, 1984 (since June 26, 1987 Ukraine participates in this Convention), Committee on Economic, Social and Cultural Rights, created according to the International Pact on Economic, Social and Cultural Rights, December 16, 1966 (Ukraine is a member of this Pact since November 19, 1973), Committee on Chidren's Rights, created according to the Convention on Children's Rights, October 20, 1989 (Ukraine is a member of this Convention since September 27, 1989).

The named committees consist of 18 members, which should be citizens of country - members of appropriate conventions and which are people of high moral and which are competent in the field of human rights. The members of the committees are chosen by secret voting by country - members of the appropriate convention for a period of 4 years. Such procedure of creation of committees gives them an opportunity to solve difficult, complex tasks of protection of human rights in the states, which have signed appropriate international documents.

It is clear that an important element of activity of these international bodies concerning the realization of agreements are obligations of the member countries to participate in their activity and to adhere their decisions. That is a feature of the whole process of protection of human rights with the help of international conventional bodies. If in the national legislation there is a law, which is realized due to the activity of courts or state bodies, the international bodies lean exclusively to cooperation of the countries, which take the obligations.

When the country refuses to participate in the convention on protection of these or other rights of the person, it does not take international measures concerning realization of these rights.

The competence of the named committees is largely stopped. It is nessesary to consider the Human Rights Committee work.

According to the Pact the Committee receives and considers reports of member countries on the taken measures for realization of the rights proclaimed in this international document. After consideration of the reports the Committee approves recommendations to the member countries concerning realization of civil and political rights.The Committee can make remarks of general character, which explain the statements of the Pact and help member countries to realize human rights.The Committee also considers complaints of member countries of abuse of these statements by other member country. In this case the Committee grants its service for permission of this argument, and in case of disagreement of the countries nominates a special commission. May be the most important authority of the Committee is its right to assort arguments of persons and international non-state organizations about abuse of human rights by the member country. The Committee receives such right only with the specific agreement of the member countries. The Optional Protocol to the International Pact on Civil and Political Rights of December 16, 1966 was adopted, according to which the member countries of the Pact take an obligation to admit the competence of the Committee to consider arguments of countries. The members of the Pact are 93 countries, and The Optional Protocol was ratified only by 53 countries. Ukraine ratified this document on November 25, 1991. So each person in Ukraine can address the Committee with complaints on abuse of civil and political rights provided in the Pact.

However, there is an important requirement: the Committee considers such complaint only when all national opportunities of legal protection were used. So in Ukraine the person should address for the protection rights to court and only after the decision of the national court, and in case of the appeal after the decisions of supreme judicial instances, it is possible to refer to the Human Rights Committee.

The Committee considers received complaints and offers the countries to give an explanation. After confidential consideration of the case and explanations or applications of the countries the Committee notifies the interested person and country on which complaint was sent on the consequences of discussion.

Till March of 1991 the Committee considered 445 messages of persons concerning 33 countries. In 119 cases the Commitee has published conclusions and has established 93 facts of abuse of human rights. The considered international procedure influences maintenance of civil and political rights. In the connection with participation of Ukraine in the Optional Protocol and availability of difficult cases of abuse of human rights on the territory of our country, where, as it frequently happens, national ways of legal protection are exhausted, there is a good idea to give an address of Human Rights Committee. Other Committees are situated there too. This address should be written in English: The Human Rights Commitee c/o the Centre of Human Rights, United Nations Office 8-14 avenue de la Paix 1211 Geneva 10, Switzerland. In the message it should be indicated, that it is posted according to the Optional Protocol to the International Pact on Civil and Political Rights. There must be the information about the author of the message (surname, name, nationality, profession, date and the birthplace, address). The author should indicate the member country - infriger, which article of the pact was infringed and which national ways of legal protection were used. Then there must be indicated which abuse of human right this letter is and the date. In the end there should be a signature of the author of the message.

By the decision of the General Assembly of UNO it is also provided, that all the members of the Organization should grant reports about realization of civil, political, social and economic rights. These reports are discussed at meetings of the Commission on Human Rights. When the members of the Commission have questions or need new materials they address the appropriate country. The Human Rights Committee uses only materials given by the state.

After the discussion of the report ther Human Rights Committee will promulgate general remarks. And after this influence of UNO on country - infringer of rights is limited. The practice of UNO proves, that this influence is unsufficient. Such countries as Iran, Iraq, Afghanistan, Somali, Ruande, where there are rough infringements of human rights, do not react to the remark of the Committee. Therefore already there is a question of introduction of measures in a UNO gear, which would influence the activity of the countries and notify or terminate infringements of human rights.

In 1993 the General Assembly of UNO adopted the decision to introduce a new post - Supreme Commissioner of UNO on Human Rights. This official should monitor observance of human rights worldwide and using present gears of UNO render influence the countries, in order to achieve observance of human rights and freedoms. Yet there is no experience of work of this new chain of the gear of UNO in protection of human rights. But the experience of regional conventions on human rights testifies that it is necessary to add to the UNO gear one more important part - International Human Rights Court. In modern conditions it could execute protection of rights and freedoms of the person worldwide in judicial order. This body could consider complaints of persons on infringement of human rights. Now such complaints without any consequences are considered by the Human Rights Committee. And the International Human Rights Court could bear compulsory decisions, fulfillment of which Security Council of UNO would guarantee. It's clear, that the consent to the compulsory jurisdictions of such court countries should give in the appropriate international document.

The International Court of UNO acting today considers exclusively complaints of countries at the infringement of international agreements by other countries. It concerns conventions on human rights. Ukraine has admitted the compulsory jurisdiction of the International Court of UNO concerning complaints at infringements of human rights. Any complaint at the infringement of the international conventions on human rights will be taken to consideration in the International Court of UNO. Concerning other conventions, at availability of the complaint of certain country on Ukraine, consent of our country to consideration in the International Court is necessary. Such position of Ukraine testifies its relation to human rights and its diligence to use completely the acting gear of UNO for protection of human rights.

There is one important task facing Ukraine - to enter the political and legal space, created in Europe. The European Council did large work and has created more than 140 conventions on human rights. Participation of the majority of the countries of Wstern Europe in these conventions caused the unification of their legislation on human rights and has given an opportunity to increase the level of realization of human rights and freedoms.

HUMAN RIGHTS IN UKRAINE

July 16, 1990 Supreme Council of Ukraine has ratified the Declaration of the State Independence of Ukraine, which has proclaimed "the state independence of Ukraine is priority, independence, completeness and unity of the authority of the Republic in its territorial borders and independence and equality in external relations". In the Declaration there was stressed the equality of all citizens of the republic irrespective of origin, social and property status, race and nationality, sex, education, language, political sights and religion, profession, place of residing and other circumstances.

December 25, 1991 Ukraine has joined the Optional Protocol and International Pact on Civil and Political Rights.

But, unfortunately, having ratified these important international agreements, Ukraine its own internal legislation has not been put in conformity with the named agreements.

For example in Section of the International Pact on Civil and Political Rights it is said, that the person has the right to life, which is protected by the law. But in our state capital punishment is still used. This kind of punishment is preserved in the the new Criminal code draft.

Ukraine ratified 45 important international conventions, has participated in preparation and acceptance of more than 60 resolutions, declarations, pacts, conventions, agreements and other documents, which impose particular international obligations on member countries. Besides the above mentioned international documents, Ukraine ratified the International Convention on Liquidation of All Forms of Race Discrimination, the International Convention on Termination of Apartheid Crimes and Punishment for Them, Convention Against Apartheid in Sport, Convention on Liquidation of All Forms of Discrimination of Women. It testifies a certain level of development of legal culture, that will allow the state to enter the world community.

POLITICAL RIGHTS AND FREEDOMS IN UKRAINE

The adoption at the end of 1989 by the Supreme Council of Ukrainian SSR of the Law "On Elections of National Deputies", in which the elections on the alternate basis stipulated, was the first step on a way to creation of democracy in Ukraine. Despite obvious defects of that Law, as granting of a unique opportunity to the Communist party to interfere in the process of elections.

The republic received a new Parlament, which has on August 24, 1991 adopted the Act declarating independence of Ukraine. The Supreme Council of Ukraine has ratified the laws "On public and local referendums", "On elections of president of Ukraine", "On public associations". The preconditions for participation of the person in state and public life, for influence on activity of different state bodies and public associations of political direction; participation in the formation of representative bodies of state power and local authorities; creation and participation in the activity of public associations.

In 1991 there was conducted a referendum, which gave an opportunity to citizens to express their attitude to independence of Ukraine. The elections of president of Ukraine, which were conducted on December 1, 1991 on the alternate basis, were free and democratic. People chose Leonid Kravtchuk. But already in the mid-1992, as the consequence of an economic policy discontent began to grow (there was made an attempt to collect 3 million of signatures with the requirement advance to re-elect Supreme Council and the president of Ukraine).

An important step on the way to construction of a democratic state was an acceptance on March 6, 1992 the Law "On cancellation of criminal punishment in a kind of the exile and banish".