☰ Contents · Constitutional law

Guarantees of human rights

Lessons 11 · 1 lessons · G. M. Tansikbayeva, V. A. Kostetskiy. Konstitutsiyaviy huquq asoslari (Basics of constitutional law), Grade 9, general editor A. X. Saidov, revised and expanded 8th edition. “Sharq” publishing house, Tashkent, 2019
11

Guarantees of human rights and freedoms

Textbook: pp. 68–73
GoalExplain the guarantees of human rights – court protection, a lawyer’s help, the ombudsman and other institutions – and the mechanism for applying.
New words
guarantee · kafolatadvocate (defence lawyer) · advokatombudsman · ombudsmancourt protection · sud himoyasi
Explanation

A guarantee is a means ensuring that a right is realised in practice. The main guarantee is court protection: everyone may defend their rights and freedoms through the court and may complain to a court about unlawful acts of state bodies and officials. There is a right to qualified legal assistance; in a criminal case a person uses the help of a defence lawyer (advocate). The court is independent, a judge is subject only to the law and nobody may interfere in a judge’s work. The Human Rights Commissioner (ombudsman, since 1995) at the Oliy Majlis monitors observance of rights by state bodies, examines complaints and gives recommendations; it is not a court. The National Human Rights Centre (1996) works on legal education and monitoring. Today a citizen who believes that a law applied to him or her in court violates constitutional rights may complain to the Constitutional Court (the procedure is set by law); the prosecutor’s office, the mahalla and public organisations also help. The rights of minors, persons unable to work and lonely elderly people are under state protection.

Worked examples
If an official does not answer your application or refuses unlawfully, you can complain about the action to a higher body or to a court.
A detained person may use an advocate’s help; this ensures the right to defence both before and during the trial.
Class activity

“Where do I turn?”: the teacher reads four situations (the khokimiyat did not respond; a person was detained unlawfully; an employer did not pay wages; a neighbour violated home inviolability). Groups choose the right body.

Practice
1
What is the main guarantee of human rights?
2
Who is the ombudsman and is it a court?
3
Where can a person whose employer is not paying wages apply?
4
Why is a judge’s independence necessary for protecting rights?