Внутригосударственный механизм защиты прав человека (зарубежный и отечественный опыт)

Abstract

On ratifying any international Treaty in the sphere of human rights a state is binding itself to discharge the obligations it contains in, it includes their provisions in its legislation; that is why the universal standards and norms in the sphere of human rights are reflected in the national legislation of many states. However, the presence of specific human rights protection measures in national legislation does not always presuppose the respect and enforcement of such rights. It is also necessary to have legal mechanisms and institutions which would guarantee their efficient realization and protection in case of violation. The modernization of the current system of legal means of individual rights protection is an important issue in the Republic of Belarus. The traditional legal protection mechanisms such as the procurator's office supervision, court defence, etc. cannot guarantee full protection of human rights and freedoms. It is necessary to establish new efficient legal instruments. Most of the present national institutions in this sphere can be divided into two big categories: commissions on human rights and ombudsmen. The article analyzes the experience of these public legal means of human rights protection. They are only subsidiary means of legal protection to the state legal mechanism. For Belarus the questions of legal protection of human rights are very topical. The development of the legal basis has already started. The article gives a general view on the draft of the law of the Republic of Belarus "On Ombudsman". The article also considers the necessity of constitutional codification of the ombudsman institution which could contribute to the development of democratic processes, aimed at further strengthening of the status of the individual and the guarantees of implementation of human and civil rights and freedoms. It is to be hoped that a specialized body on human rights issues will spearhead this important sphere. Such an agency can make a great contribution to the strengthening of citizens' protection and the formation of social culture in the spirit of the respect for human rights and fundamental freedoms.