☰ Contents · State and law

The mechanism for protecting human rights

Lessons 5 · 1 lessons · V. A. Kostetskiy. Foundations of state and law, Grade 10, 1st edition. Yangiyo‘l Poligraf Servis, Tashkent, 2017
5

The mechanism for protecting human rights and freedoms

Textbook: pp. 25–27
GoalList the international documents and the national mechanism for protecting human rights in Uzbekistan and explain their roles.
New words
international bill of human rights · xalqaro billoptional protocol · fakultativ bayonnomaOmbudsman (human rights commissioner) · Ombudsmanprosecutor’s office · prokuratura
Explanation

The international basis for protecting human rights is the Universal Declaration of Human Rights (1948) and the two 1966 covenants built on it (on civil and political rights; on economic, social and cultural rights) with optional protocols; this set of documents is often called the International Bill of Human Rights. Citizens of states that have joined the optional protocol can complain to the UN Human Rights Committee when their rights are violated. There are also regional systems: in Europe, for example, the European Court of Human Rights works under the 1950 European Convention, and its judgments are binding on member states of the Council of Europe. Inside a state the main links of protection are the courts, which deliver fair justice, the prosecutor’s office, which supervises the execution of laws, and the internal affairs bodies, which prevent offences. In addition, Uzbekistan has institutions such as the Human Rights Commissioner (Ombudsman) of the Oliy Majlis, the National Human Rights Centre and the commissioner for protecting entrepreneurs’ rights; the Constitutional Court checks whether laws conform to the Constitution, and under current law citizens can also bring a constitutional complaint to it. Most importantly, everyone has the right to defend their rights in court and to appeal in court against unlawful actions of officials.

Worked examples
An official’s decision violates a citizen’s right. The citizen may appeal to a higher body and then go to court, which checks legality. If all domestic remedies are exhausted, some international mechanisms may be available, but only if the state has joined the relevant documents.
A complaint arrives about the conditions of detainees in an institution. Within its powers the Ombudsman can examine it, contact the relevant bodies and make recommendations. The Ombudsman is not a judge and cannot overturn a court verdict.
Class activity

“Who protects the right?” chain: 6 situation cards (a court decision seems unlawful; a shop cheated; an entrepreneur’s permit was refused without grounds, and so on). Groups write which body to turn to step by step (step 1, step 2).

Practice
1
Which documents make up the International Bill of Human Rights?
2
For whom are the judgments of the European Court of Human Rights binding?
3
A citizen considers a decision of a district authority unlawful. What can they do?
4
Why can Ombudsman institutions not replace the court system?