Права человека в контексте взаимодействия азиатских и европейских правовых ценностей

Abstract

This article substantiates the need to consolidate human rights through various international legal mechanisms, including regional conventions on human rights that reflect specific legal and cultural values. The authors analyzed the Oriental legal values that differ from those in the Occidental. Borrowed elements of foreign culture and standard legal norms do not provide effective implementation of international documents at the national level. In fact, a lot of contemporary conflicts originate in the gap between the official legal ideology and the traditional legal consciousness, which is typical of most Asian countries. The interdisciplinary and civilizational (sociocultural) approaches revealed that most Shanghai Cooperation Organization countries adhere to the so-called Asian values, e.g. collectivism; priority of family, clan, and nation interests; idealization of the authorities; detachment from active political and legal life, adherence to moral norms, etc. The authors believe that, along with the Universal Declaration of Human Rights, there may be regional concepts and international regional acts based on civilizational identity, historical memory and experience. Eurasian countries need a new concept of human rights, which will combine universal and Asian legal values, e.g. priority of the community and state over the individual; the advantage of public order over the personal rights and freedoms; common wellbeing; significance of moral and religious rules; admiration for strong political leaders, etc. This concept will make it possible to integrate Asian mentality, lore, and national philosophy into standard human rights. The concept might help to resolve various conflicts that occur between global legal ideology and traditional legal mentality of most Asian societies.