MECHANISM FOR THE REALIZATION OF BASIC CULTURAL RIGHTS

Abstract

Cultural rights occupy an important position in the system of fundamental human and civil rights and freedoms. The relevance of the presented article is due to the need to increase attention to the issues of cultural development of the state as a whole, cultural rights and freedoms of the individual, in particular, on the part of both the public and the relevant state structures. The culture of any nation is distinguished by its specifics, by certain features in form and content. The problem of theoretical understanding of cultural rights becomes the subject of research in the science of constitutional law, theory and history of the state and law. All the necessary conditions for the exercise of cultural rights should be created in our state and society, including through the improvement of legislative regulation of relations in culture and related spheres. The category of "mechanism for ensuring human rights" does not yet have an unambiguous interpretation. In the article, the analyzed category is considered from various positions, and the mechanism is distinguished as a set of certain elements of legal regulation, law-making, the formation of lawful behavior, the realization of citizens' rights and freedoms, ensuring human rights, protecting fundamental human and civil rights, ensuring rehabilitation. It should be noted that a large number of international acts, both universal and regional, are in force at the international level. Unfortunately, an independent Declaration of Cultural Rights has not yet been adopted. The authors propose the approval of such a document, which would be of enormous importance for the harmonization of legal regulation of relations in the field of culture, in particular the cultural rights of the individual, increasing the prestige of the spiritual and cultural component.