Специфика нормотворчества в области прав человека

Abstract

The article outlines the peculiarities of rule-making in the sphere of human rights. The author considers this issue within the framework of the traditional sources of international law (treaty, custom, resolutions of international organizations, verdicts of international courts) and comes to the following conclusions: 1. International treaty codifying basic human rights and freedoms is universal both in the subject and content spheres. In the subject sphere it is oriented to its use by any state with regard to any citizen resident in its territory. In the content sphere it gives identical interpretation of the rights and freedoms irrespective of whether the treaty is a universal or regional instrument. The treaty is enforced in full, reservations are not allowed or are restricted. 2. International custom continues to play a significant role as a source of law of human rights. It is underlined that a range of common norms, fixing fundamental human rights and freedoms that are not subject to derogation by states in any case, have the status of imperative norms obligatory for all states. 3. Innovative character of the development and adoption of the human rights instruments is typical of the CSCE/OSCE and the European Union. The instruments adopted within CSCE/OSCE, without the typical features of international treaties, are recognized to be international obligations and have the status of international human rights standards. National legislation should be brought into accordance with it. 4. Verdicts of international courts play an important role in identification of common norms of international law in the human rights sphere and especially in their qualification as general customary norms of jus cogens. What regards regional human rights courts of the international tribunals ad hoc, their interpretative conclusions concerning convention regulations on human rights having contradictory practice and ambiguous evaluation by states are especially significant for national law enforcement.