International standards of human rights: the question of the recognition and consolidation of social and economic rights in the International Charter of Human Rights

Authors

  • І.С. Загоруй ЛДУВС ім. Е.О. Дідоренка

Abstract

The article covers historical and legal aspects of the origin and normative consolidation of social and economic rights in the national legislation and in the international instruments forming the modern International Charter of Human Rights. The process of development, adoption of international instruments, performing the role of international human rights standards is analyzed.
The urgency of the problem is determined by the need of Ukraine as a successor State to comply with obligations guaranteeing the rights of the International Covenant on Economic, Social and Cultural Rights. In connection with this, it is proved the thesis that in the International Covenants as contractual documents the idea of the indivisibility and interdependence of all human rights, their system, the importance and the need for human dignity is legally framed; that the Universal Declaration of Human Rights has proposed an original methodology for the realization of all human rights system: on condition of exercising of the individual, civil and political rights, there is a possibility that the proper conditions for the full implementation of social and economic rights were created. And vice versa, in countries where the social and economic rights are not respected, there are no opportunities for the full development of civil and political rights.
It is noted that Ukraine is a party to many international human rights instruments, in particular the International Covenant ratified by the Decree of the Presidium of the Supreme Soviet of the Ukrainian SSR in 1973 (No 2148-VIII), however the proper constitutionalization of those rights was not exercised in those days. Recognizing of all the human rights system in the Constitution of Ukraine in 1996 which to some extent repeat the text of its main documents: the UDHR and the International Covenants of 1966 has become a step towards bringing the laws and other legal acts of Ukraine in compliance with the International Charter of Human Rights.
Key words: human rights, social and economic rights, international standards of human rights.

Author Biography

І.С. Загоруй, ЛДУВС ім. Е.О. Дідоренка

Доцент кафедри загальноюридичних дисциплін ЛДУВС ім. Е.О. Дідоренка

Published

03.07.2022

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