Abstract

Everything about human right is inalienable void of violation from the human race. It is therefore that responsibility of the international community in ensuring the effective preservation and respect of these rights without any threat of violations. In ensuring its recognition and implementation, international standards have been established where there is the need of States parties to these international human right treaties in ensuring its incorporation in its various domestic legislations. The content and specific features of the introduction of international human rights standards into national legislation have been analyzed in the article. The methodological basis of research is a set of general scientific and special methods, in particular, dialectical, historical-legal, epistemological, comparative-legal. International standards for the protection of human rights have been defined as principles and norms enshrined in international regulatory legal acts that define fundamental human rights and freedoms, the obligation of the State to respect them, to assist in their realization, preservation and protection against unlawful encroachments, and to establish liability for their violations and methods of protection. It has been clarified that the procedure of implementation of international human rights standards into national legislation includes the following stages: (i) recognition of human rights by the State and their enshrinement in national legislation; (ii) institutionalization of the standard of human rights protection; (iii) bringing the current legislation in line with the international human rights standard and interpreting the latter; (iv) establishment of measures and means of protection and defense of human rights; (v) determining the procedure for the realization of the enshrined right; (vi) control over the observance of the international human rights standard.

Highlights

  • Nowadays, towards becoming a democratic society in Ukraine, priority is given to developing legal guarantees for the protection of human rights and freedoms (Ablamskyi, et al, 2020a)

  • The problem of affirmation and protection of human rights has gone far beyond one state and requires the development and implementation of common universal standards both directly for human rights and mechanisms for their protection. This issue is currently regulated by a number of international regulatory legal acts that define fundamental human rights, which cannot be limited or unrecognized by Member States

  • The dialectical method was the methodological basis of research and was used, in particular, in the analysis of basic theoretical data related to modern international standards of protecting human rights, to reveal their essential content

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Summary

Introduction

Towards becoming a democratic society in Ukraine, priority is given to developing legal guarantees for the protection of human rights and freedoms (Ablamskyi, et al, 2020a). The problem of effective provision of the protection of the aggrieved person’s rights has always existed, and even despite the ratification by Ukraine of a number of international documents that guarantee every person fundamental rights and freedoms Under these conditions, the key issue should be the development and introduction of an effective legal mechanism for protecting the rights of the person on the one hand and their updating on the other. The problem of affirmation and protection of human rights has gone far beyond one state and requires the development and implementation of common universal standards both directly for human rights and mechanisms for their protection This issue is currently regulated by a number of international regulatory legal acts that define fundamental human rights, which cannot be limited or unrecognized by Member States.

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