Features of the human rights’concept

Contents
Introduction………………………………………………………………..………….3
Chapter 1. Features of the human rights’concept…………………………..…………4
The concept of “human rights”…………………………………….……4
The classification of rights and freedoms…………………………….….6
Chapter 2. Basic human rights and freedoms…………………………………………7
The personal rights and freedoms……………………………………….7
The political rights and freedoms………………………………………..9
The economic, social and cultural rights……………………………….11
Conclusion…………………………………………………………………………...13
References…………………………………………………………………………..14

Introduction
The appearance of the concept of "human rights” is linked with the emergence and spread of the natural law’s ideas. The ancient Greek thinkers, for example: Lycophon, Antiphon, etc. argued that all people are equal from birth and have the same rights. Aristotle writes that one of the fundamental rights is the private property, which reflects the nature of man himself and is based on his love for himself. During the feudal period many ideas about human rights gained a religious meaning. Later they were reflected and further developed in the works of Locke, Montesquieu, Rousseau, Kant, Bentham and other thinkers. With the development of public relations, human rights turned from an ideal category into reality, were enshrined in state and international legal documents, and served as a criterion for the democratic nature of a particular system of legal and state structure. One of the first legal documents that reflect human rights in a systematic form was the Virginia Declaration (1776) [2]. Human rights are widely reflected in the constitutions and legislation of most States that are members of the United Nations now.
Human rights are the essential attributes of every human being and the essential attributes of his existence. The state does not grant rights, it only fixes them in the law and ensures their implementation. In this case, it can be considered as legal. But unfortunately nowadays people forget that they can demand the fulfillment of their rights and just put up with injustice sometimes. Therefore, this topic is relevant at all times.
The aim is consideration of the concept of "human rights" and the fundamental human rights and freedoms.
The problems:
To analyze the concept of “human rights”.
To study the classification of rights and freedoms.
To consider the personal rights and freedoms.
To describe the political rights and freedoms.
To analyze the economic, social and cultural rights.
Chapter 1. Features of the human rights’concept
The concept of “human rights”
Human rights are rules that protect the dignity and freedom of each individual.
In the structure of human rights, the main thing is a fundamental quality, like dignity: the recognition of a person's value as a being endowed with reason, will and feelings, regardless of what he thinks about himself and how others evaluate him.
Human dignity is above everything, it is absolutely, has no degrees, belongs to everyone and expresses the absolute value and self-worth of the individual. This is the highest human property that belongs to the individual from birth, it is the source of the Constitution of all rights that are designed to manifest it and at the same time serve as a means of protection [5].
Human rights are based on the principle of equal dignity for all people. They belong to every member of the human race, the right to respect for his dignity implies that everyone should honor the dignity of another and everyone has the right to expect respect for their dignity from society.
In the relationship between the individual and society, dignity also has a moral aspect. On the one hand, it shows a sense of the individual’s responsibility, self-esteem of their importance, relationships with the structures of society and with other people. On the other hand, it also reveals the recognition of the value and uniqueness of each individual [4].
All rights and freedoms are formed into a system of human rights. It is a single whole consisting of interrelated rights of the first, second and third generations. The system of human rights, together with the mechanisms of their guarantees, has the global importance for human beings, as it is a means of protection, prevention and overcoming global threats [3].
Human rights are divided into constitutional and other rights. At the level of constitutions and major international human rights documents, they limit power and protect people from its arbitrariness. In principle, the Constitution exists to protect a person [5].
Thus, human rights are given to a person at birth. No one has the right to take them away and everyone can fight for their rights and freedoms.
The classification of rights and freedoms
There is an extensive set of human rights and freedoms in our legislation. In order to make it easier to consider, there is a classification of them into separate groups [3].
This classification helps to understand the relative integrity of the rights and freedoms of each group. Traditionally the human rights and freedoms are divided into three groups in science:
personal;
political;
economic, social and cultural.
In the current Constitution, this division of rights and freedoms is not explicitly made, although the statement shows this grouping of rights and freedoms according to the specified criteria. This classification is characterized a feature as its conditionality, since certain types of rights can be attributed to different groups [4].
Thus, rights and freedoms are divided into several groups that relate to certain areas of human life. This allows you to distribute them and simplify their use.
Chapter 2. Basic human rights and freedoms
2.1.The personal rights and freedoms
These rights and freedoms, also called civil rights, form the basis of the person’s legal status. Most of them are absolute, i.e. they are not only integral, but also not subject to restriction. Next, I will list the main personal rights and freedoms.
The right to liberty and security of person.
The right to freedom is nothing else than freedom itself. In inseparable connection with it is the personal inviolability of a person, covering his life, health, honor, dignity. A person has the right to control his own destiny, to choose his own way of life. In the Constitution of the Russian Federation this is expressed in article 22. Restriction of this freedom is allowed only on the basis of the law and in legal forms, all measures of coercion must be under judicial control [1].
The right to privacy.
Private life is aspects of personal life that a person does not want to make available to others because of his freedom. Private life reflects the desire of each person to have their own world of intimate and business interests, hidden from prying eyes. Abuse of the private life’s secret can be anti-social and illegal, so the invasion of this secret to identify illegal acts of a person must occur on the basis of the law in the presence of strong, recognized by law arguments. The guarantees of these rights are contained in many articles of the Constitution of the Russian Federation, in particular in article 23 [1].
The security of residence.
In principle, the security of residence is an integral part of private life. No one has the right to enter a dwelling against the will of the person, except in cases provided for by Federal law or on the basis of a court decision. The right to protection of housing is possessed by the persons who are its owners, tenants or living under the contract of employment. Guarantees against illegal intrusion and searches by law enforcement agencies are the main content of the security of residence. However, in certain situations, there is a need to enter the home against the will of the owners. This right is governed by the article 25 of the Constitution [1].
The right to freedom of movement and residence.
This right belongs to everyone who is legally located on the territory of the country. Consequently, this right is denied to all those persons who entered the country in violation of the visa regime or the legislation on entry. This right is governed by the article 27 of the Constitution.
The right to freedom of conscience and religion.
Everyone is guaranteed freedom of conscience, freedom of religion, including the right to profess individually or jointly with others any religion or not to profess any, to freely choose, have and disseminate religious and other beliefs and to act in accordance with them. It is directly fixed in article 28 of the Constitution of the Russian Federation.
The right to freedom of thought and speech.
Thought is an essential property of every person. In this respect, there is no need to legislate for freedom of thought. A person can be made to say something other than what he thinks, but it is impossible to make a person think or not think at will. The fate of speech’s freedom and democracy is the same: one cannot exist without the other. The Constitution guarantees freedom of speech, but also immediately establishes the impossibility of propaganda or agitation that excites all kinds of enmity and hatred. This right is governed by the article 29 of the Constitution [1].
Undoubtedly, there are more human rights in this area, we have considered the most important of them. All these rights are regulated by law, so their implementation is mandatory.
2.2. The political rights and freedoms
These rights can be exercised both individually and jointly with other people. A distinctive feature of political rights from personal rights is that many of the former belong exclusively to citizens of the Russian Federation. Basic political rights come into effect immediately from the moment a citizen of the Russian Federation reaches the age of majority. This is expressed in article 60 of the Constitution of the Russian Federation.
The right to freedom of the press and information.
This issue of freedom of the press and information is undoubtedly central to the problem of democracy. Without the latter, neither civil society nor the rule of law is possible. The fundamental principle of this freedom is fixed in article 29, part 4 of the Constitution [1].
The right of association.
The right to Association is one of the most comprehensive political rights of citizens, affecting the main aspects of political life of citizens. Its purpose is to ensure that everyone can participate in political and public life, as well as legally establish the creation of various types of public associations. This is expressed in article 30 of the Constitution of the Russian Federation.
The right to peaceful meetings and public manifestos.
The purpose of such actions is to discuss issues of common interest, to express support for or protest against the policy of the authorities, and to make their position public. In the Russian Federation, this right belongs only to its citizens. This right is expressed in article 31 of the Constitution [1].
The right to participate in the management of state affairs.
This right is enshrined in article 32, part 1 of the Constitution of the Russian Federation. The participation of citizens in the management of the affairs of their state, whether directly or through their elected representatives in state or local government bodies, is an expression of the people’s sovereignty and a form of the power’s implementation.
The right to elect and be elected.
The suffrage of citizens comes from the moment of their majority, when the citizen becomes fully capable person and has the right to fully enjoy political rights and freedoms. It can be said that universal suffrage does not mean that there are no restrictions in this area. In particular, this applies to citizens who are not able to fully exercise their civil rights and perform civil duties due to their mental or mental state.
The right to equal access to public service.
Citizens of the Russian Federation who have reached 18 years of age but are not older than 60 years of age have the right to enter the state service, unless otherwise established by the laws of the Russian Federation. It is not allowed to establish any direct or indirect restrictions on admission to public service, depending on race, gender, nationality, language, social origin, property status, place of residence, attitude to religion, beliefs, membership in public associations [1].
Thus, political rights ensure compliance of democracy. So, a person can speak freely, take part in meetings and associations, but of course if it does not contradict the law.
The economic, social and cultural rights
The right to economic activity.
This right provides for the free use of their abilities and property for business and other economic activities not prohibited by law. This right is expressed in article 34 of the Constitution. The subject of the right to economic activity is any person, unlimited by law in their legal capacity.
Private property right.
It belongs to everyone and is established in articles 8 and 9 of Constitution.
no one can be deprived of their property except by a court decision;
compulsory alienation of property for state needs can be made only on condition of preliminary and equivalent compensation [1].
Labour rights and freedoms.
This group of rights and freedoms includes: freedom of work; the right to work and to be protected from unemployment; the right to strike; and the right to rest. This distinction is made on the basis of article 37 of the Constitution of the Russian Federation.
labor is free. Everyone has the right to freely dispose of their abilities to work, choose their occupation and profession;
forced labor is prohibited;
everyone has the right to work in good conditions [1].
Protection of motherhood, childhood and family.
In accordance with article 38 of the Constitution of the Russian Federation:
motherhood and the family are protected by the state;
taking care of children and raising them is an equal right and duty of parents;
able-bodied children who have reached the age of 18 must take care of disabled parents.
The right to social security.
In every state there are people who are not able to provide for their own existence. Society cannot leave such people to their fate and therefore creates a state system to provide them with material benefits at the expense of society. There is such a system, as well as the right to social security in Russia, which fixed in article 39 of the Constitution [1].
Undoubtedly, the law should protect the person and his rights in all spheres. We must not forget about mothers, children and elderly people who cannot provide for themselves.
Conclusion
Human rights is one of the fundamental values of modern world civilization, it is a complex and multifaceted concept. It is difficult to give a single definition and unambiguous interpretation, because this category is not only legal, but also philosophical, political, and moral. Human rights appear at the moment of birth not only as inalienable conditions of existence, which are required by human nature for its survival, but also as means and purpose of life, regardless of whether they are realized or not.
Human rights are a way of self-affirmation unique independent personality, because they reveal the necessary set of needs.
Human rights are a means of achieving their basic material and spiritual benefits, the realization of their abilities and talents.
The threat and danger to human rights in the world are: war, violence, hunger, poverty, unfair distribution of wealth, aggressive nationalism, intolerance, racism, religious fanaticism and fundamentalism, anti-semitism. No matter how long humanity has existed, future generations will always face the challenges of protecting human rights, which are undoubtedly different in content and scope.
Completing the study of the right and freedom of the individual, we can conclude that in general, the constitutional regulation of the individual’s rights and freedoms in the Russian Federation corresponds modern international standards. However, it should be remembered that the Declaration of certain (even the most democratic) rights and freedoms in the Constitution in our Russian conditions is only a plan for future construction.
Thus, the goal is achieved by solving the problems.
References
The Constitution of the Russian Federation (adopted by popular vote 12.12.1993) (as amended, amended Laws of the Russian Federation on amendments to the Constitution of the Russian Federation from 30.12.2008 № 6-FKZ, from 30.12.2008 № 7-FKZ, from 05.02.2014 No. 2-FKZ, from 21.07.2014 No. 11-FCL) // collected legislation of the Russian Federation. - 04.08.2014. - No. 31. - article 4398.
Universal Declaration of human rights: [adopted at the third session of the UN General Assembly by resolution 217 A (III) of December 10, 1948] // ROS. newspaper. - 1998. - December 10 (No. 245).
Baglay M. V. Constitutional law of the Russian Federation-Moscow: publishing group NORMA-INFRA.M, - 2015. - 752 p.
Draganchuk A. S., Baldanova G.J. human Rights // Electronic scientific-methodological journal of Omsk state agrarian UNIVERSITY. - 2018. - Special issue №5.
The comment to FKZ "About the Commissioner for Human Rights in the Russian Federation" / Otv. edition of N.Yu. Hamanev. – M., - 1999. – 158 p.