There are three generations of human rights depending on the time of their proclamation.
The first generation includes civil and political rights, which are designed to protect a person from illegal interference by the state and other entities.
The second generation consists of socio-economic rights, designed to guarantee not only human freedom, but also a relatively secure life.
The third generation is formed by the so-called collective (solidarity) rights, or rights of peoples. These include the right to peace, to a healthy environment, the right to development, to self-determination, and to the exercise of power.
The legal literature uses the classification proposed by the domestic government expert L.D. Voevodin. He divided human rights and freedoms, as well as their responsibilities, into three groups:
The first group of rights consists of natural, inalienable human rights. They are sometimes called personal or civil rights, and they determine the autonomy of the individual, his freedom from state power.(3)
1. The right to life is a basic, fundamental human right. This right is primary in relation to other rights, since in the event of a person’s death, the latter lose their meaning. The right to life is considered as a person’s right to freedom from any illegal attacks on his life and as a person’s right to freely dispose of his life. The right to life, first of all, means that no one can be arbitrarily deprived of life. It also presupposes the possibility of a person turning to the state for protection in the event of any illegal or unjustified medically interference in his body, which may harm his health or pose a threat to life.
2. The right to freedom and personal security. This right is enshrined in the Constitution of the Russian Federation and consists of two elements. The first is the freedom of the individual to dispose of himself and his time at his own discretion. The second element is personal integrity. There are physical, moral and mental integrity. Restrictions on the right to freedom and personal integrity are permitted only in relation to persons suspected of committing a crime.
3. Right to integrity privacy. The private life of a person is that physical and spiritual sphere that is controlled by the person himself and is free from any illegal external influence. The right to privacy consists of several rights: the right to personal and family secret; the right to defend one's honor and one's good name; right to privacy of correspondence, telephone conversations, postal and other messages; right to inviolability of home.
4. The right to determine and indicate your nationality. This right is the right of an individual to their ethnic self-determination.
5. The right to use your native language. In accordance with Part 1 of Article 68 of the Constitution of the Russian Federation state language The Russian language is recognized on the territory of the Russian Federation. However, the proclamation of the Russian language as the state language in no way prevents the existence of other languages in the constituent entities of the Russian Federation.
6. The right to freedom of movement and choice of places of stay and residence. The place of residence of a person is the place where the citizen permanently or primarily resides. Place of residence - the place where he is temporarily.
7. Right to freedom of conscience. IN in a broad sense the right to freedom of conscience is understood as the right of a person to think and act in accordance with his convictions; in a narrow sense - as the freedom to profess the religion of his choice or not to profess any.(2)
The second group of rights consists of political rights, which are intended for direct participation citizens of this state in the management of society, contribute to the development of political activity of the individual, guarantee equal access to public service.(3)
1. Freedom of thought and speech, i.e. the opportunity to freely express their ideas, opinions, beliefs various issues to other people, both individually and in the media.
2. Freedom of information is the right of everyone to freely seek, receive, transmit, produce and disseminate information by any means by legal means. A restriction has been established on actions with information that constitutes state secret and is limited by copyright.
3. The right to create public associations.
4. The right to hold public events. Types of public events are: meeting, rally, demonstration, street procession, picketing. Purpose of the event public event should not contradict the Constitution and legislation of the Russian Federation. Holding a public event may be prohibited if an application for its holding has not been submitted; the procedure was violated; there is a danger to the life and health of citizens; public order was disrupted.
5. Right to appeal. The current legislation provides for the following types of appeals: proposal, application, petition, complaint. The appeal can be personal or collective, but must contain the individual signatures of the citizens who sent it.(2)
The third group (socio-economic) rights ensures the material and spiritual needs of the individual.(3)
1. The right to do business.
2. The right to private property. Everyone has the right to own property, own, use and dispose of it, both individually and jointly with other persons. No one can be deprived of property except by a court decision.
3. Right to land. This means that any citizen or any association of citizens without any preconditions in order, established by law, has the right to own, use and dispose of what belongs to him by right private property land plot.
4. The right to free work means the right of everyone to freely use their abilities to work, choose their type of activity and profession. Also includes a prohibition on the use of forced labor.
5. The right to free rest. This right is enshrined in Part 5 of Art. 37 of the Constitution of the Russian Federation, according to which a citizen working under employment contract, guaranteed installed federal law working hours, weekends and holidays, paid annual leave.
6. Right to social security. Essence this right is that the state guarantees the provision of sufficient funds to citizens who, due to objective circumstances, are deprived of the ability or opportunity to work and receive income from labor activity, as well as assistance to families in connection with the birth and upbringing of children.
7. The right to protection and assistance to the family. Government support family wears complex socio-economic nature and is carried out by adopting a variety of government measures to encourage motherhood, protect the interests of mother and child, strengthen the family, and its social support.
8. Right to housing. Article 40 of the Constitution of the Russian Federation defines the right to housing as a citizen’s guaranteed opportunity to be provided with permanent housing, including the legal possibility of stable use of residential premises, its inviolability, the inadmissibility of arbitrary deprivation of housing, as well as the opportunity to improve living conditions.
9. Right to health and medical care.
10. The right to a favorable environment.
11. Right to education.
12. Freedom of creativity.(1)
human rights, like man himself, occupy central place and dominate everyone else. In any democratic system, the rights and freedoms of citizens, as well as their responsibilities, constitute the most important social, political and legal institution.
Human rights are extra-territorial and non-national; their recognition, observance and protection are not only internal matter of one state or another. They have long been the subject of international regulation. Individual rights are not the property of individual classes, nations, religions, or ideologies, but represent a general historical and general cultural achievement. This is the moral foundation of any society.
Russia, following the course of reforms, also proclaimed these values as priority and most significant, recognized the need to adhere to generally accepted international standards in this area, enshrined in such well-known acts as the Universal Declaration of Human Rights (1948); International Covenant on Economic, Social and Cultural Rights (1966); International Covenant on Civil and political rights(1966); European Convention for the Protection of Rights and Fundamental Freedoms (1950), etc.
The commitment of Russian democracy to these charters is confirmed by the Declaration of Human and Civil Rights adopted in November 1991, which became an integral part of new Constitution of the Russian Federation, the basis of all current legislation relating to the individual.
Both of these documents capture a wide range of fundamental ideas, principles, rights and freedoms, as well as responsibilities. Their initial provisions state that human rights and freedoms are natural and inalienable, given to him from birth, recognized highest value and are not exhaustive. Recognition, observance and protection of human rights is the responsibility of the state.
Everyone has the right to life, health, personal safety and integrity, protection of honor, dignity, good name, freedom of thought and speech, expression of opinions and beliefs, choice of place of residence; can acquire, own, use and dispose of property, engage in entrepreneurial activity, leave the country and return back.
The right of citizens to rallies, street processions, and demonstrations is secured; right to vote and be elected to government bodies, receive and disseminate information, send personal and collective appeals (petitions) to the authorities, freely determine one’s nationality, unite in public organizations. The corresponding rights in social and cultural areas(for work, leisure, education, social security, intellectual creativity).
The equality of all before the law and the court is affirmed. No one is obliged to testify against themselves or close relatives. The accused is presumed innocent until proven guilty in the prescribed manner(presumption of innocence).
Many are new to Russian legislation, they were not in either the former Soviet Constitutions or the Constitution of the RSFSR. Also, for the first time, the direct obligation of the state to protect human rights is legally established (Article 2 of the Constitution of the Russian Federation).
It is emphasized that “the rights and freedoms of man and citizen are directly applicable. They determine the meaning, content and application of laws, the activities of representative and executive power, local government, are ensured by justice" (Article 18 of the Constitution of the Russian Federation).
Human rights are a value that belongs to the entire international community. Their respect and protection are the responsibility of every state. Where these rights are violated, serious conflicts and hotbeds of tension arise that pose a threat to peace and often require (with the sanction of the UN) outside intervention.
The Constitution of Russia provides for the procedure according to which everyone Russian citizen has the right to apply to international bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted (Article 45). This provision is also enshrined for the first time and it does not violate the sovereignty of the country. Today this is the absolute norm.
Human rights and freedoms, in accordance with the generally accepted classification, are divided into socio-economic, political, civil, cultural and personal. This division is carried out both in global legal practice and in national legal systems, including the Russian one. There is a close relationship between all types and varieties of rights.
IN historical context modern researchers distinguish three generations of rights: the first is political, civil and personal rights, proclaimed in their time by the first bourgeois revolutions; second - socio-economic rights that arose under the influence of socialist ideas (the right to work, rest, social security, medical care, etc.); they supplemented the previous rights and were reflected in the relevant UN documents; third generation - collective rights put forward mainly developing countries during national liberation movements (the right of peoples to peace, security, independence, self-determination, territorial integrity, sovereignty, liberation from colonial oppression, etc.).
So, the most important distinctive features fundamental rights and freedoms enshrined in the Russian Constitution are that they are given to man by nature, are of a natural and inalienable nature, and act as the highest social value, are directly operating, are under state protection, and comply with international standards.
The category of “legitimate interest” in legal science today is little studied, the content of the concept is debatable. Constitution Russian Federation 3 mentions the existence of legitimate interests of citizens in Part 2 of Art. 36 and part 3 of Art. 55. “Ownership, use and disposal of land and other natural resources carried out by their owners freely, if this does not cause damage environment and does not violate the rights and legitimate interests of other persons” (Part 2 of Article 36 of the Constitution of the Russian Federation). “The rights and freedoms of man and citizen may be limited by federal law only to the extent necessary in order to protect the foundations of the constitutional system, morality, health, rights and legitimate interests of other persons, to ensure the defense of the country and the security of the state” (Part 3 Art. 55 of the Constitution of the Russian Federation). However, it should be noted that the Constitution of the Russian Federation, while declaring possible restrictions on legitimate interests, does not declare their existence and protection on an equal basis with the rights and freedoms of man and citizen.
