ENSURING HUMAN RIGHTS AND FREEDOMS DOES NOT MEAN EQUALITY FOR EVERYONE
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Keywords

human rights and freedoms
legal equality
restrictions
social justice
protection
equality before the law and the court

How to Cite

Komziuk, A. ., Muzychuk, O. ., Kobzieva, T. ., Siadrysta , I. ., & Kovalov, I. . (2023). ENSURING HUMAN RIGHTS AND FREEDOMS DOES NOT MEAN EQUALITY FOR EVERYONE: LEGAL EXCEPTIONS AND RESTRICTIONS. Lex Humana (ISSN 2175-0947), 16(1), 127–138. Retrieved from https://seer.ucp.br/seer/index.php/LexHumana/article/view/2864

Abstract

After the Second World War, the international community began to pay more and more attention to the protection of human rights and freedoms, as evidenced by the adoption of a number of fundamental international documents. Nowadays, the defense of human rights and freedoms is becoming a priority not only for a single democratic state, but also for the entire world. A number of Declarations and Conventions declare the unity of the international community in the development of the legal system for ensuring human rights and freedoms. To date, democratic states have ratified most of these documents, thereby committing themselves to bring their national legislation in line with European legal standards in the field of human rights and freedoms. At the same time, there are certain exceptions to every rule, which is also the case in the area of human rights and freedoms, since legal equality cannot be the same for every person, of course, with the exception of such fundamental rights as the right to life and health, since their restriction is out of the question. In this regard, the article attempts to answer the question, the essence of which is that ensuring human rights and freedoms does not mean equality for everyone.

 

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References

Ablamskyi S., Hlobenko H., Chycha R., Martovytska O., & Burlaka I. (2020). Ensuring Protection of the Rights of the Aggrieved Person in Criminal Proceedings through the Prism of Requirements of International Law Acts. Journal of Legal, Ethical and Regulatory Issues. 23(1), 1-7. URL: https://www.abacademies.org/articles/Ensuring-protection-of-the-rights-of-the-aggrieved-person-1544-0044-25-SI-540.pdf

Ablamskyi, S. Ye., Ansari, F. A. & Nosach, A. V. (2022). Evaluating the Current State of Realization of Victims’ Rights in the Criminal Process: An Explanation Under Ukrainian and Indian Criminal Procedure CODES. Novum Jus 16(2), 23-48. https://doi.org/10.14718/NovumJus.2022.16.2.2

Ablamskyi, S. Ye., Havryliuk, L. V., Drozd, V., G. & Nenia, O. V. (2021). Substantial Violation of Human Rights and Freedoms as a Prerequisite for Inadmissibility of Evidence. Justicia, 26(39), 47-56. https://doi.org/10.17081/just.26.39.4819

Andriievska, O. V. (2018). Constitutional and legal restrictions of human and citizen rights and freedoms in Ukraine [The thesis for the degree of candidate of legal sciences]. V. M. Koretsky Institute of State and Law of the National Academy of Sciences of Ukraine, Kyiv.

Bachynska, O. I. (2021). Positive actions of the state as a means of implementing the principle of non-discrimination. Law and Society, 4, 8-13.

Bachynska, O. M. (2017). Correlation of the Principles of Non-Discrimination and Equality in Law. Business, Economics and Law, 9, 165-168.

Buromenskyi, M. V. (2000). Appeal to the European Court of Human Rights (Court practice and peculiarities of Ukrainian legislation). Information and analytical bulletin "Human Rights", 14(55), 3-36. https://library.khpg.org/files/docs/br_rus_.pdf

Galagan, V. I., Ablamskyi, S. Ye., Udovenko, Z. V., & Ablamska, V. V. (2021). Judicial Control as a Guarantee of Non-Interference in Private Life During the Pretrial Investigation: An Observation under the European Court of Human Rights. DIXI, 23(2), 1-18. https://doi.org/10.16925/2357-5891.2021.02.12

Irkha, Yu. B. (2015). Restriction of constitutional rights and freedoms of a person and a citizen in the interests of national security of Ukraine in modern conditions. Bulletin of the Constitutional Court of Ukraine, 5, 78-87.

Khrystova, H. (2012). Positive obligations of the state in the field of human rights as a new area of research in domestic theoretical jurisprudence. Journal of the Academy of Legal Sciences of Ukraine, 2, 30-41,

Khrystova, H. (2013). Positive obligations of the state in the field of combating discrimination. Journal of the National Academy of Legal Sciences of Ukraine, 4(75), 11-20.

Pohrebniak, S. P. (2008). Fundamental principles of law (substantive description): monograph. Kharkiv: Pravo.

Ponomarov, S. Yu., & Fedorovych, I. Yu. (2014). Prevention and counteraction of discrimination in Ukraine: Guide for employees of state authorities and local self-government. Kyiv: International Organization for Migration, Representation in Ukraine.

Ryzhuk, Yu. M. (2021). On the issue of legal understanding and the essence of the conceptual foundations of natural human rights and freedoms. Scientific Bulletin of Public and Private Law, 2, 11-15.

Shevchuk, S. (2020). Concept of positive obligations of the state in the practice of the European Court of Human Rights. Law of Ukraine, 2, 55-64.

Skrypniuk, O. V. (2011). Constitutional and Legal Regulation of Restriction of Human and Civil Rights and Freedoms in Ukraine. Public Law, 3, 5-11.

Sokurenko, V., Morhunov, O., & Ablamskyi, S. (2023). Assessing the scope of legal immunity in modern legal science: the need for questioning under Ukrainian law. Journal of Liberty and International Affairs, 9(1), 265-276. https://doi.org/10.47305/JLIA2391270s

Yankovets, I. V. (2018). Positive discrimination as a socio-legal phenomenon. Actual problems of domestic jurisprudence, 3, 57-61.

Zahorui, I. S. (2016). The concept of "human rights": theoretical and legal approaches to understanding human rights. Bulletin of Luhansk State University of Internal Affairs named after E. O. Didorenko, 2, 66-82.

Zhuravlova, H. S. (2016). Formal Aspects of the Principle of Equality in Constitutional Law. Law Review of Kyiv University of Law, 1, 5-80.

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