Russian Federation
VAK Russia 12.00.02
VAK Russia 12.00.10
VAK Russia 12.00.12
VAK Russia 12.00.14
UDC 341
CSCSTI 10.07
Russian Library and Bibliographic Classification 60
In the modern world, the problem of human and civil rights and freedoms occupies one of the leading places in international relations. In many international treaties, states recognize that respect for human rights and freedoms is the main factor in peace, justice and well-being, necessary to ensure the development of international law and cooperation between all states. All human rights are universal, indivisible, interdependent and interrelated. The international community should treat human rights globally, on a fair and equal basis, with the same approach and attention. The new millennium is characterized by an increase in the prevalence of disability among the population of the Earth. Violation of the rights of disabled people and the lack of opportunity for their active participation in the life of the state lead to significant economic losses. In modern conditions, ensuring the successful integration of disabled people into everyday life is possible only with the help of coordinated international cooperation and the development of mandatory international legal norms for their protection. The rights of the child are an integral, integral and indivisible part of universal human rights. Despite the fact that a child has the same rights as an adult, due to his incomplete physical and mental development, he must be provided with special rights. In the context of the development of international relations and their complexity, international law is becoming increasingly important, being a necessary instrument for managing the contradictory and at the same time united world of the era of globalization.
social protection, inclusion, social benefits, persons with disabilities, disability, human rights
The protection and promotion of the rights of persons with disabilities, the implementation of these rights is a pressing issue both for Russia and for the international community as a whole. According to some estimates, more than a billion people, or about 15% of the world's population, live with some form of disability1. The number of persons with disabilities continues to grow. This is due, in particular, to the aging of the population, the global increase in chronic diseases (diabetes, cardiovascular diseases, mental illnesses), and the increase in armed conflicts.
Persons with disabilities include those with persistent physical, mental, intellectual or sensory impairments that, when interacting with various barriers, may hinder their full and effective participation in society on an equal basis with others. Persons with disabilities in any country are a minority and face negative attitudes and adaptation problems that prevent them from actively participating in society on an equal basis. In the process of realizing their rights, persons with disabilities often encounter multiple violations. The problems of disabled people have long remained unnoticed by the international community. For a long time, the protection of the rights of disabled people was considered a national issue; states resolved the problems of disabled people based on the priorities of social policy, financial capabilities, and the attitude of society towards its representatives with certain health problems. Convincing evidence of the growing role of international law is the declaration by the General Assembly of the period 1990-1999 as the UN Decade of International Law. The main objective of the Decade is to "promote the acceptance of and respect for the principles of international law. Disability was not considered a human rights issue for a long time, but was assessed for the most part as a matter of providing medical care and rehabilitation. The international community made enormous efforts to resolve the complex problem of the socially vulnerable position of disabled people in society. International human rights treaties developed in the 20th century did not take into account the special needs of disabled people and thus failed to fully protect their rights, and the recommended norms contained in special international acts on the social protection of disabled people did not guarantee disabled people full participation in the life of society..
In recent years, the priorities of international cooperation on disability issues have changed significantly. The recognition of the problem of ensuring the rights of persons with disabilities as an international one, as well as the need to improve cooperation between states in this area of public relations, occurred thanks to the adoption of the UN Convention on the Rights of Persons with Disabilities and the Optional Protocol to it in 2006. The Convention enshrines international standards in the field of protecting the rights of this category of the population, giving them a legally binding character. Moreover, in 2013, the UN General Assembly took into account the interests and needs of persons with disabilities in the list of activities to implement the development goals formulated in the UN Millennium Declaration. However, despite the ongoing changes in the international regulation of the legal status of persons with disabilities, the problem of promoting and protecting the rights of this socially vulnerable group of the population does not cease to be relevant.
International legal aspects of protecting the rights of persons with disabilities, including the legal status of persons with disabilities in society, need to be rethought and reassessed in connection with the global changes currently taking place in the world. In the Russian Federation, in connection with the ratification of the Convention on the Rights of Persons with Disabilities, corresponding amendments are being made to regulatory legal acts, and the principles of state social policy towards persons with disabilities are being adjusted. In order to align the changes taking place in the Russian legal system with international standards on the rights of persons with disabilities, it is necessary to understand the essence of new approaches to solving the problems of persons with disabilities. Therefore, it is important to trace the history of the formation of international legal protection of the rights of persons with disabilities, to identify trends and prospects for the development of this area of public relations. In this regard, international regulation of the protection of the rights of persons with disabilities, the study of its theoretical and practical foundations is of particular importance. As a result of the entry into force of the Convention on the Rights of Persons with Disabilities, a new legal category was established in international law at the normative level - "the rights of persons with disabilities", which are understood as human rights that are of particular importance for persons with disabilities and require states to create special mechanisms (legal, organizational) for the purpose of implementing, promoting and protecting these rights.
International cooperation of states on the promotion and protection of the rights of persons with disabilities has gone through several stages in its development. The following periodization is proposed, based on the results of the activities of the UN system of bodies and international legal acts adopted within the UN:
Stage I. Disabled persons as objects of social protection: 1925-1945 - the period from the first acts on disability issues of the International Labor Organization to the creation of the UN and the adoption of its Charter;
Stage II. Disabled persons as subjects of the right to rehabilitation, medical care and restoration of working capacity: 1945-1982 - the period from the creation of the UN and the adoption of its Charter to the approval of the World Programme of Action Concerning Disabled Persons;
Stage III. Disabled persons as participants in public relations with equal opportunities: 1982-1993 - the period from the adoption of the World Programme of Action Concerning Disabled Persons to the approval of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities;
Stage IV. Persons with disabilities as subjects of inclusive policy: 1993-2006 - the period from the adoption of the Standard Rules on Equalization of Opportunities for Persons with Disabilities to the approval of the Convention on the Rights of Persons with Disabilities;
Stage V. Persons with disabilities as subjects of the human rights institute: the period from the adoption of the Convention on the Rights of Persons with Disabilities in 2006 to the present.
During the development of the draft Convention on the Rights of Persons with Disabilities, several proposals were put forward on the typology of the future treaty on the rights of persons with disabilities. It seems that the model of the convention, built on the principle of prohibiting all forms of discrimination against persons with disabilities (like the Convention on the Elimination of All Forms of Discrimination against Women, the Convention on the Elimination of All Forms of Racial Discrimination, the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities), would better and most correctly reflect the solution to the problem of protecting the rights of persons with disabilities, since it does not focus on any individual rights, but offers a mechanism for protecting the rights of persons with disabilities in a broad sense.
The study substantiates the need to supplement the Convention on the Rights of Persons with Disabilities with a special article establishing a guarantee that decisions on placing persons with disabilities with mental health disorders in a specialized psychiatric institution will be made by an independent and impartial court; securing the rights of these persons with disabilities to have their interests protected by a representative, to information about the nature of the disease, treatment methods, and medications used; regulating the obligations of states to create an independent mechanism for monitoring specialized institutions in which persons with disabilities with mental health disorders are placed. It is obvious that the Convention on the Rights of Persons with Disabilities, as an act with binding legal force, implies the consistent application of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities (1993) and the World Programme Concerning Disabled Persons (1982). In order to ensure the effective use of the resources of all three instruments, eliminate duplication of standards, and increase the level of interaction with each other, it is necessary to update certain provisions of the Standard Rules and the World Programme, taking into account the new paradigm of disability proclaimed in the Convention. The analysis of international cooperation on disability issues allows us to conclude that a concept for ensuring that the interests of persons with disabilities are taken into account is being formed, which implies the obligation of subjects of international cooperation to build an inclusive policy based on taking into account the interests, needs and experiences of persons with disabilities in the development, implementation, monitoring and evaluation of development programs; consultations with persons with disabilities; effective and active participation of persons with disabilities and organizations representing them in making socially significant decisions affecting their interests. The international system for monitoring and protecting the rights of persons with disabilities, as a form of international cooperation between states, is implemented through the activities of statutory and treaty bodies and specialized agencies of the UN directly or indirectly dealing with issues of persons with disabilities; regional intergovernmental organizations. The elements of this system are aimed at interacting with each other, coordinating joint efforts and providing each other with assistance in protecting the rights of persons with disabilities. However, not all participants in this system take measures to address the problems of persons with disabilities on a systemic basis. This shortcoming applies to the work of individual UN treaty bodies, which still do not consider the context of disability in the implementation of their mandates. Also, not all regional organizations consider the issue of improving the situation of persons with disabilities to be a priority area of activity.
A study of the law enforcement practice of the European Court of Human Rights and the European Committee of Social Rights shows that the role of these bodies in the field of protecting the rights of persons with disabilities is increasing. There is a steady trend towards expanding the categories of rights and freedoms protected by the European Court for complaints from persons with disabilities. The formation of European standards for the protection of the rights of persons with disabilities is significantly influenced by the activities of the said European Committee, which forms its legal positions using the articles of the European Social Charter that directly affect the rights of persons with disabilities.
The issue of children's rights is a key category that determines the situation of children around the world. Until recently, the problem of protecting children's rights was not considered at the international legal level, and relevant issues were resolved in the family, at the local and national levels. The protection of children's rights is largely determined by how much society is aware of children's rights and the mechanisms for their implementation and protection. Today, the issue of children's rights is becoming increasingly relevant. Currently, the situation of children with disabilities has become more complicated: illegal trade, smuggling, abduction, economic and sexual exploitation, as well as problems in the field of bioethics and abuse, exploitation and commercial use of children's health have become an everyday reality in all regions of the world. Around the world, millions of children are engaged in labor that hinders their development and education, and deprives them of their livelihood in the future. Many of them are involved in the worst forms of child labor, which cause irreversible physical or psychological harm or even threaten their lives. This situation is an intolerable violation of the rights of every child.
The future of every nation and humanity as a whole potentially depends on the younger generation, so ensuring the rights of disabled children and their legal protection is certainly an integral part of international human rights law. Therefore, the purpose of my dissertation is to study the international legal protection of children's rights.
This work is an attempt to study the current state of various aspects of international legal regulation of children's rights.
International legal protection of children's rights is a system of international bodies and procedures that protect children by developing international standards in the field of children's rights and creating special mechanisms to monitor compliance with these rights by states and international organizations.
The implementation of such provisions of the Convention on the Rights of the Child as the right to survival and development (Article 6), to physical and psychological recovery and social reintegration of victims of abuse and exploitation of a sexual and economic nature (Articles 34, 35, 36, 37 and 39), to the preservation of individuality (Article 8), the right to use the most advanced health services (Article 24), is possible in conjunction with the application of the norms of other international legal documents in force in relation to a given State Party. Three groups of provisions of the Convention on the Rights of the Child can be distinguished: the first of these we include norms aimed at protecting children from sexual exploitation, the second - norms aimed at protecting children's labor, the third - norms aimed at protecting the rights of the child in the field of bioethics. At the same time, the allocation of issues related to the rights of the child as an independent subject within the framework of international protection of human rights is caused, first of all, by reasons of an objective nature: firstly, as a result of a number of historical conditions, the social status of children is lower than that of adults, and international protection of the rights of the child is aimed at ensuring them equal rights and opportunities on an equal basis with adults; secondly, due to physical and mental immaturity, the child needs to be provided with special rights and additional protection. Considering the history of the emergence of the institute of international legal protection of children's rights, the author comes to the conclusion that the process of allocating the rights of the child to a special sphere of human and social activity began after the emergence of the concept of "human rights". It was the specification of the rights of a specific social group, i.e. children, and the desire to create an effective mechanism for the protection of these most vulnerable members of society that led scientists and public figures to the idea of the need to allocate the rights of the child to a separate category. Also, a number of documents outlined a trend towards changing the legal status of the child and had a progressive significance for the international legal regulation of human rights in general, which also contributed to the emergence of the institution of international protection of the rights of the child as a system of international legal norms. International legal protection of children's rights as an institution of international law is regulated by both sectoral principles of human rights and special principles regulating exclusively the "legal status of the child. The author considers it justified to highlight the following principles of the rights of the child: the principle of inadmissibility of discrimination is one of the sectoral principles of human rights. With regard to the rights of the child, this principle is most fully disclosed in the Convention on the Rights of the Child, which emphasizes that states undertake to respect and ensure all the rights provided for by the Convention for each child "without any discrimination" (Article 2, paragraph 1); the principle of the best interests of the child provides that in all cases where the actions of state bodies or private individuals affect the interests of children, primary attention should be paid to the interests of the child. Directly as a principle, this norm has found its enshrinement in the Convention on the Rights of the Child (Articles 3, 9(1,3), 18(1), 21, 37(c), 42(2 w); the principle of free expression by the child of his own views means that every child has the right to freely formulate his own views and express his opinion on all issues affecting his life. As a principle, this norm has found its expression in Article 12(1), 13 of the Convention on the Rights of the Child; the principle of ensuring the child's right to survival and healthy development establishes that states must not only guarantee the child's right to life, but also take positive steps to support and extend the child's life and his full physical and spiritual development.
The European Convention on Human Rights should be mentioned as one of the main international legal mechanisms for ensuring the protection of the rights of persons with disabilities and children with special social status in general. Article 14 of the European Convention prohibits discrimination on the basis of various characteristics (sex, race, colour, language, religion, political or other opinion, national or social origin, national minority status, property, birth or any other characteristic)6. Because the rights set out in the Convention apply to everyone. The words "other characteristics" mentioned in this article can be used as a basis for non-discrimination against children with disabilities. However, until recently, the consideration of cases of people with special social status (Djenalová and Djenál v. the Czech Republic, 2002; Botta v. Italy, 1998, etc.) was limited. In its 2009 decision Glor v. Switzerland, the European Court of Human Rights explicitly states that disability falls within the term "other characteristics" as defined in Art. 14 of the European Convention. Thus, discrimination on the basis of this feature, i.e. disability, is unacceptable and is a violation of Art. 14 of the European Convention. The European Court of Human Rights based its decision on international documents adopted in the relevant area - the UN Convention on the Rights of Persons with Disabilities, as well as on the Recommendation of the Parliamentary Assembly of the Council of Europe No. 1592 of 2003 on the comprehensive social inclusion of people with disabilities. In addition to Art. 14 of the European Convention on Human Rights, one of the most important legal mechanisms for the implementation of the rights of children with a special social status is Protocol No. 12 to the European Convention on Human Rights of 4 November 2000. Art. 1 of Protocol No. 12, which contains a general prohibition of discrimination on the grounds set out in Art. 14 of the Convention, states that the exercise of any right provided by law must be ensured without discrimination1. That is, this provision applies to the domestic legislation of the countries ratifying this document of the principle of prohibition of discrimination within the framework of the Convention's own influence. The provisions of Protocol No. 12 may also be applied in cases of discrimination against children with a special social status, which provides them with additional international legal protection. However, the limited judicial experience in implementing the rights of persons with disabilities does not diminish the importance of the European Court of Human Rights in this regard. The European Court of Human Rights provides more legal opportunities to protect the rights of disabled children and children with a special social status, which plays a special role in the ineffectiveness of international mechanisms for the protection of cultural and social rights.
Thus, analyzing the set of international norms ensuring the rights of children with disabilities, it can be confirmed that most of the analyzed international legal documents concerning education, health care, and social security establish norms that ensure the implementation of social rights. The right to education, one of the most common social rights of such children, can be considered from two points of view:
1) the fundamental right of everyone to education
2) the implementation of additional rights to education.
The common denominator of international legal documents is non-discrimination. Although most of these documents are declaratory in nature, the conventions, which have legally binding force, establish active obligations of states to protect the social rights of children with disabilities.
Experience from around the world shows that disability-inclusive development policies are important and can help bring about change in the realization of the rights to decent work and sustainable livelihoods. Actions can be taken at different levels, namely at the systemic (e.g. improved policies and legislation), programmatic (e.g. reasonable accommodation) and/or individual (e.g. training in new skills). 36. Going forward, different sets of policy instruments can be used to further promote the rights of persons with disabilities to decent work and sustainable livelihoods. For example, disability-inclusive measures can be taken to bridge the digital divide, which can exacerbate existing inequalities among persons with disabilities. Providing persons with disabilities with equal access to technology, including assistive devices, digital literacy and skills, and skills development will enable jobseekers and workers with disabilities to build their resilience and adaptability to the rapidly changing nature of work. By using the right combination of legislative, financial, tax and sectoral policies, including incentives, employers will be encouraged to recruit and retain more workers with disabilities who have the necessary skills and the necessary support. The potential of these policy tools and measures should be explored further to promote the rights of persons with disabilities and help them to take advantage of these new opportunities, navigate better career paths, succeed in the open labour market and secure sustainable livelihoods for themselves and their families.
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