The special role of human rights in society is reflected in the principles enshrined in the International Covenants, the Universal Declaration and a number of other regulatory acts. Their observance, within the framework of human development, ensures the construction of a stable, prosperous and law-abiding society. The supremacy of individual freedoms and rights is at the core of the democratic system. All these provisions are reflected in the laws of the Republic of Belarus. First of all, human rights are mentioned in the Constitution of the country. Secondly, references to them are contained in all normative acts adopted with the aim of resolving legal relations in various spheres of life. They contain, in particular, indications of the obligation of authorized bodies to observe the personal rights and freedoms of citizens of the Republic of Belarus. Meanwhile, according to some experts, the situation with the protection of civil and personal rights in Belarus is rather complicated. In our article, we will understand whether this is so.
The most important values of the state
Among all humanitarian values, human rights, as, in fact, the person himself, occupy a dominant position. Their relevance and priority cannot be disputed. Therefore, the question cannot arise whether the citizen of the Republic of Belarus has the right to participate in the management of public affairs. When carrying out any transformations, developing programs, solving global problems and tasks, first of all, their possible impact on the legal status of a person and citizen is evaluated.
The search for common ground between the interests of the state and the individual has always been accompanied by certain difficulties. However, to implement the democratic principles of building a society, human rights in Belarus and their means of protection have always been given increased attention. After all, the country is an active member of the world community, participates in all international events, discussions, UN sessions.
The points of contact between the interests of the individual and the state, the models of interaction between power and society always always depend more on the level of development of the economy, culture, social sphere, the prevailing type of property, the level of democratization of society, and other conditions. At the same time, laws and the will of the ruling class are of no small importance, that is, they depend on subjective factors.
The rights and obligations of a citizen of the Republic of Belarus, as well as the responsibility of everyone before the law, form a legal status. Today it is recognized as a kind of “measure” of the achievements of society, an indicator of its maturity. Legal status is a means of citizen access to material and spiritual benefits, legal means of expression of will, tools and mechanisms of power. At the same time, the rights and obligations of a citizen of the Republic of Belarus are an indispensable condition for the development of a person, strengthening his dignity. Without them, a democratic society cannot exist.
Human rights in the Republic of Belarus
To get started, let's deal with terminology. Human rights, in general, are a set of moral standards that protect the dignity of a person in the course of his interaction with representatives of state power. They are recognized as fundamental universal elements of an individual’s legal status.
Human rights in the Republic of Belarus protect the individual from arbitrariness on the part of government officials. They are formulated on the basis of humanitarian theory and practice. Rights include elements of legal doctrine, ideology, morality, religion, and politics.
The Constitution of the Republic of Belarus pays great attention to human rights. And this is no coincidence. As mentioned above, in any democratic state a person is proclaimed the highest value. This means that his dignity and legal status must be protected by the authorities. That is why human rights in the Republic of Belarus are fixed at the constitutional level. By this, the state guarantees their protection.
General classification
According to the Constitution, the rights of a citizen of the Republic of Belarus are divided into types according to different criteria. The most general classification involves differentiation according to the content and nature of the action. So, for example, in the Republic of Belarus, human rights are realized when the state and other entities fulfill certain duties. It is, in particular, about the right to inviolability of the person, home, preservation of family secrets, etc. These human rights established in the Constitution of the Republic of Belarus provide protection against unwanted interventions, unjustified restrictions on freedom. They are recognized as fundamental, fundamental. The realization of the personal rights of citizens of the Republic of Belarus does not depend on the country's resources or on its socio-economic level of development. They form the basis of individual freedom.
Another category of personal rights of citizens of the Republic of Belarus implies the obligation of the state and other entities to provide a person with certain benefits, to perform certain actions in his favor. These rights are also called "positive." They are fixed by the Constitution and are specified in normative acts and state programs. Such human rights in Belarus include, for example, the right to receive material support from the state, protection of health, education, a decent standard of living, etc. Their implementation is closely related to the amount of resources, opportunities and potential of the state.
Another common, albeit to a certain extent conditional, classification of human rights in Belarus is carried out according to the subject composition. So, individual and collective rights are distinguished. The former belong to a certain person and cannot be transferred to other persons. It is, in particular, the right to rest, to work, to protect health, etc. They are also called "inalienable."
The collective rights of a citizen of the Republic of Belarus imply his participation in some public groups. It is, for example, about the possibility of joining a party, becoming a member of a cooperative or other association.
The modern concept of human rights
Like any other democratic state, the Republic of Belarus seeks to ensure the unhindered, free exercise by citizens of their rights. For this, a concept of socio-economic, cultural development of society is being developed. It is built on the basis of the following principles:
- Each person has the ability to manage his life, the development of his spiritual and material world.
- Any power that infringes on the rights of an individual must have limitations.
- Each person, while protecting his rights, can make claims against the state.
It is also necessary to say about the significance of the Universal Declaration of Human Rights. In Belarus, this international legal document is recognized as one of the key acts in the field of regulation of public relations. It is in accordance with it that the key legal possibilities and individual freedoms enshrined in the Constitution are formulated.
The relationship of human rights and state interests
The state is responsible to its citizens for creating the conditions necessary for them to exercise their rights, dignified and free development of the individual. The power in a democratic country must reckon with the interests of the population, protect them from any unjustified infringement. One of the key functions of the state is to guarantee the observance and protection of human rights.
In the Republic of Belarus, representatives of the authorities clearly understand that the prerequisite for legislative activity, the most important requirement addressed to the constitutional authorities, is the conformity of decisions and approved acts with the interests and rights of citizens. After all, in fact, they act as a kind of limiter of the powers of the state, the arbitrariness of officials. In accordance with the Declaration, human rights in Belarus must correspond to the level of moral development of society, the solidarity of citizens, without which reforms are impossible.
Political Freedoms and Rights
In a civil democratic society, all conditions are created for self-realization and self-determination of a person.
In accordance with the Constitution, every citizen of Belarus is guaranteed freedom of opinion and opinion, assembly, street processions, rallies, pickets, demonstrations that do not violate public order and the interests of other citizens. Any person may, at his discretion, join associations not prohibited by law, freely elect and nominate his candidacy for elections to state bodies on the basis of direct, equal, universal suffrage.
Political freedoms contribute to an active citizenship. Unlike personal rights, they extend to the sphere of relations between the individual and the state.
It must be emphasized that political rights can be assigned exclusively to citizens. In other words, their acquisition is associated with the subject's belonging to a particular state.
The specificity of political rights lies in the fact that they contribute to strengthening the relationship of man, society and the state. When they are implemented, the individual becomes a participant in the process of making important decisions relating both to him personally and to the entire state as a whole. As a result, a passive citizen turns into an active builder of the society in which he lives.
State management
Participation in this process is the most important right of any citizen. It is implemented through the expression of will in elections, referenda, through personal participation in the activities of legislative, executive, and judicial bodies. The involvement of citizens in the process of public administration is recognized as a prerequisite for building a civilized democratic and legal state.
The right of citizens to participate in state affairs is ensured, firstly, by the ability to elect, as well as to be elected.
Freedom of association
Citizens of the Republic of Belarus are entitled to join associations, unions, and associations not prohibited by law. This opportunity (among others) ensures the participation of the population in socio-political affairs.
Legislation guarantees citizens the right to form associations in accordance with regulatory requirements. Its implementation is ensured by fixing in the legislation the principle of freedom of activity of associations and their equality.
The formation of unions, associations and other associations is carried out as a result of the voluntary will of citizens with similar interests. Their joint activities are aimed at achieving common goals, satisfaction and protection of interests.
Today there are a huge number of associations. The main ones are political parties, movements, youth, environmental, women's organizations, trade unions, business and other unions, and creative associations. It must be said that all of them have a significant impact on public policy.
The right to peaceful demonstrations, meetings, rallies
The constitutions of most countries enshrine the possibility of mass gathering peacefully. Meetings, demonstrations, pickets, rallies are means of public expression of individual and collective opinions on issues of concern to the population. They can be associated with problems in state, public life, education, healthcare, etc. People use their political freedoms for self-expression, self-affirmation, personal development, and participation in solving key management issues.
Freedom of assembly implies the ability of citizens to organize meetings indoors. Access to them may be open or limited. In accordance with Art. 21 of the International Covenant, the right to assembly cannot be limited, with the exception of cases expressly provided for in the legislation, including, if necessary, to ensure the safety of society and the state, the protection of health, morality, and the protection of human rights. In Belarus, this right is enshrined in article 35 of the Constitution.
Right to freedom of speech
It involves the ability to have an independent opinion, beliefs, to state them and to uphold. Freedom of the press has a connection with this right. Media, various publications act as a specific form of exercise by citizens of freedom of speech. That is why the press is often seen as an instrument of the struggle for democracy.
Everyone is free to express their opinions. This right is recognized as one of the key elements of a democratic, legal society. In this regard, the independence of the media acts as an integral condition for building an open, free society. It contributes to the realization of political, socio-cultural, economic freedoms and interests of the population.
Often, it is the media that informs the public about human rights violations. In Belarus, the media widely cover events and events held at the state level, provide feedback from the authorities to the population.
The right to access information about government agencies
Any citizen can demand the provision of information concerning him personally and available to state bodies. In addition, entities are free to search, receive and disseminate data in ways not prohibited by law.
The right of the public to have access to information held by the government is now officially recognized. This, of course, is not a secret protected by law.
In general, of course, democracy exists only when the population has a clear idea of the work of power structures.
The right to appeal to state bodies
It can be implemented by one or several subjects. You can contact any government agency, regardless of gender, age, social or property status. At the same time, the relevant authorities are obliged to consider complaints, statements or other appeals without any discrimination, as well as notify the applicants of the decision.
Socio-cultural and economic rights
In the Republic of Belarus, programs are being developed at the state level aimed at assisting citizens in finding work, protecting their social interests. The Constitution of the country proclaims the rights to:
- work;
- remuneration for work;
- relaxation;
- own;
- health care;
- social security, pension, other payments in case of disability, illness, disability;
- housing.
In addition, the law does not prohibit strikes in case of failure by the employer to fulfill his duties.
The cultural rights of citizens of the Republic of Belarus include the rights to:
- education;
- preservation of their national identity;
- use of the native language;
- freedom of technical, scientific, artistic creation and teaching.
Problems in the field of human rights protection in Belarus
The Basic Law establishes legal possibilities and guarantees that exclude the arbitrariness of the authorities. It should be emphasized here that the interests of citizens are protected precisely from illegal, and not legal and justified actions of government representatives. Of course, in the field of implementation of measures provided by law (as in any other practical field), there are a number of problems. I must say that difficulties are noted not only in the Republic of Belarus, but also in many other states that have embarked on the democratic path of development. Undoubtedly, the authorities need to constantly monitor the situation, identify and resolve problems. The Commissioner for Human Rights does a great job in this area.
In the Republic of Belarus, the situation with the implementation of state guarantees is complicated by many factors, one of which is often unreasonable criticism of the activities of state bodies by liberal-minded people. In general, recently, it has been observed too often. In response to this criticism, democratically-minded representatives of the authorities and the public put forward indisputable and well-founded arguments. For example, if you even start with the fact that liberals consider freedom a multifaceted phenomenon, and recognize human rights as one of its facets. Liberalism, in turn, is no less multifaceted. , , . , , , , , . , .
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Conclusion
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Problems in the field of protecting the interests and freedoms of citizens must be addressed systematically and comprehensively. It should be borne in mind that all rights - civil, political, cultural, social, economic - have a universal, interconnected, indivisible character. They are interdependent, mutually complementary. Therefore, it is necessary to consider them together, with the same attention and from the same positions.
Rights and freedoms are a complex, multifaceted institution. It must be borne in mind that direct social rights, outside the legal (normative) form, pose a danger to the state and society. After all, they can be used as a justification of arbitrariness, permissiveness, and other illegal actions. Therefore, for the realization of rights, their justification and formalization are necessary. The key regulatory act establishing rights, freedoms and guarantees is the Constitution. It is the foundation for other laws and other legal documents.
The Constitution itself acts as a guarantor of respect for the rights and freedoms of citizens in the Republic of Belarus. It consolidates the democratic foundations of the state system of the country. In order to ensure the implementation of the guarantees and rights established by the Constitution, the legislative bodies approve normative acts providing for liability for their violation. So, civil-law, disciplinary, administrative, criminal measures can be applied to guilty entities. The legislation also enshrines the possibility of restoring rights by filing complaints with state bodies and courts.
Along with rights and freedoms, however, a citizen is also charged with certain duties. In the exercise of their legal capabilities, no one should forget about the interests of others. The first and most important duty of every citizen is to comply with the law and the Constitution in the first place. The exercise of rights should not prejudice the interests of the state, society, or another person.
One of the key tasks of state power is considered to be the balance of interests of the government and society. In its decision, state structures and officials should use legal methods, not exceed their powers.
Freedoms, rights and interests of the individual form the core of the legal system of the state, the central social and legal institution of society. Their content reflects the level of maturity of the state. Rights and freedoms should not be just a formal declaration. Their implementation must be ensured by an effective legal mechanism, protected by effective methods and means. It is these tasks that the power of each state is called upon to solve. In the Republic of Belarus, increased attention is paid to the issues of ensuring protection and guarantees for the realization of the rights and freedoms of citizens. This is no coincidence, since the country is considered one of the most democratic in the world. The management is doing everything to ensure that the conditions for the further development of society are created in the country.