Examples of international human rights protection measures. International protection of human rights in peacetime and wartime, presentation of a lesson for an interactive board in social studies (grade 11) on the topic

In 1945, the UN Charter was adopted, which declared as one of the goals of this organization the implementation of international cooperation in the humanitarian sphere, the promotion and development of respect for human rights and fundamental freedoms of all people without exception. This document was the main political and legal foundation for subsequent cooperation between sovereign states and peoples in the field of human rights and freedoms.

Another important document was the Universal Declaration of Human Rights of 1948. For the first time in human history, it was formulated and recommended for implementation in all countries fundamental human rights and freedoms, which are considered throughout the world as standards, models for relevant national legal documents (for example, sections of constitutions on the rights of citizens).

The creators of the Declaration, proclaiming a universal minimum of rights and freedoms, proceeded from their understanding of the level of development of human civilization as a whole. The Declaration is not a legally binding document and has the nature of a recommendation to all peoples and states of the world. Nevertheless, its practical significance is very great.

At a minimum, every person needs to be aware of the existence of the International Bill of Human Rights, which consists of the following documents:

1) the Universal Declaration of Human Rights that you know;

2) International Covenant on Economic, Social and Cultural Rights;

3) the International Covenant on Civil and Political Rights, as well as the Optional Protocol to the latter Covenant.

International legal protection of individual freedom also means judicial protection. When all domestic methods and institutions have been exhausted, a citizen has the right to appeal to international judicial bodies, for example, the European Court of Human Rights. Here is how, for example, the article of the Constitution of the Russian Federation states in relation to the described situation: “Everyone has the right, in accordance with international treaties of the Russian Federation, to apply to international bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted” (clause 3 of Article 46 ).

International protection of rights and freedoms is evolving, ensuring, in essence, humanity's right to evolution, even to survival. At the end of the 20th century, examples of the protection of some peoples from aggression, from discrimination, from violations of human rights and freedoms became increasingly numerous and impressive. The activities of international tribunals, UN bodies in this direction, applied international economic and other sanctions - all this has already become part of the international legal practice of protecting individual freedom

International law– a special system of legal norms regulating international relations arising between states, international organizations created by them and other subjects of international relations when establishing mutual rights and obligations of the parties. Functions of international law: stabilizing function; regulatory function; protective function.

The basic principles of international law are enshrined in the UN Charter: sovereign equality of states; non-use of force and threat of force; inviolability of state borders; peaceful resolution of international disputes; non-interference in internal affairs; universal respect for human rights; self-determination of peoples and nations; international cooperation; conscientious fulfillment of international obligations. Sources of international law: international treaty, international legal custom, acts of international conferences and meetings, resolutions of international organizations. Types of international documents: international conventions (treaties between states whose legislation contains norms binding on the international community); declaration (a document whose provisions are not strictly binding); pact (one of the names of an international treaty).

Subjects of international law: states; nations and peoples fighting for independence; international organizations(intergovernmental - UN, UNESCO, ILO; non-governmental - Red Cross and Red Crescent Society, Greenpeace).

International organizations, ensuring joint actions of countries in defense of human rights:

1. United Nations (1945). The founding document of the UN - the UN Charter - is a universal international treaty and establishes the foundations of the modern international legal order. UN pursues goals: maintain international peace and security and, to this end, take effective collective measures to prevent and eliminate threats to the peace and suppress acts of aggression; develop friendly relations between states based on respect for the principle of equality and self-determination of peoples; carry out international cooperation in resolving international problems of an economic, social, cultural and humanitarian nature and in promoting respect for human rights, and others.

UN bodies:General Assembly; Security Council plays a major role in maintaining international peace and security; Economic And Social Council (ECOSOC) is authorized to undertake research and compile reports on international issues in the field of economics, social sphere, culture, education, health and other issues; UN Trusteeship Council promotes the progress of the population of the Trust Territories and their gradual development towards self-government or independence; International Court of Justice; UN Secretariat.

The specialized UN human rights bodies include: UN High Commissioner for Refugees, UN High Commissioner for the Promotion and Protection of All Human Rights, Commission on Human Rights, Council of Europe. Established under the Council of Europe European Commission of Human Rights And European Court of Human Rights. In some states, individual rights are protected from the arbitrariness of state institutions. ombudsman- special official. Established in Russia post of Commissioner for Human Rights, not related to any branch of government.

Types of international offenses: international crimes, crimes of an international nature, other international offenses (delicts).

Types of state responsibility:

1) Financial liability: restitution (compensation in kind by the offender for the material damage caused); reparation (compensation for material damage caused by an offense, money, goods, services).

2) Non-financial liability expressed in the form restaurants(restoration by the offender of his previous state and bearing all the adverse consequences of this), satisfaction(satisfaction by the offender of non-material requirements, compensation for non-material (moral) damage), restrictions on sovereignty And declarative decisions.

Types of international crimes: crimes against peace, war crimes, crimes against humanity.

One of the forms of coercion in international law is international legal sanctions(coercive measures of both armed and unarmed nature, applied by subjects of international law in the established procedural form in response to an offense in order to suppress it, restore violated rights and ensure the responsibility of the offender). Types of sanctions: retortion(for example, establishing restrictions on the import of goods from the violating state; increasing customs duties on goods from this state; introducing a system of quotas and licenses for trade with this state), reprisals(embargo, boycott, denunciation), severance or suspension of diplomatic or consular relations, self-defense; suspension of rights and privileges arising from membership in an international organization, exclusion of the offender from international communication, collective armed measures to maintain international peace and security.

International humanitarian law– a set of norms that define human rights and freedoms that are common to the international community, establish the obligations of states to consolidate, ensure and protect these rights and freedoms and provide individuals with legal opportunities for their implementation and protection.

Sources of international humanitarian law: Universal Declaration of Human Rights, Convention on the Prevention and Punishment of the Crime of Genocide, Geneva Conventions for the Protection of Victims of War, Convention on the Political Rights of Women, International Convention on the Elimination of All Forms of Racial Discrimination, International Covenant on Economic, Social and Cultural Rights, International Covenant on civil and political rights, the Convention on the Rights of the Child and others.

International bodies monitoring human rights: European Court of Human Rights; Inter-American Court of Human Rights; International Criminal Court (considers crimes against humanity).

A) Humanitarian law in peacetime

* Considerable attention in international humanitarian law is paid to foreigners. Foreign citizen is a person who does not have citizenship of the host country, but has proof of citizenship of another state. Should be distinguished from foreigners stateless people, i.e. stateless persons. Distinguish three types of legal regime for foreigners: national treatment, special treatment and most favored nation treatment.

* The right to provide asylum to persons persecuted for political, national, racial, religious or ethnic reasons. Distinguish territorial And diplomatic shelter.

* Rights and freedoms refugees And forced migrants regulated by international humanitarian law. Refugees have the right to property, copyright and industrial rights, the right of association, the right to go to court, the right to engage in business and employment and other rights.

B) Humanitarian law in times of armed conflict

The main directions of international cooperation in the field of armed conflicts: prevention of armed conflicts; the legal status of the states participating and not participating in the conflict; limitation of means and methods of warfare; protection of human rights during armed conflicts; ensuring liability for violations of international law. Basic rules of international humanitarian law applied during armed conflicts:

– Persons out of action, as well as persons who do not directly take part in hostilities (civilians), have the right to respect for their lives, as well as to physical and mental integrity.

– Captured combatants and civilians must be protected from any acts of violence. Parties to a conflict must always distinguish between civilians and combatants so as to spare civilians and civilian objects. The attack should only be directed against military targets.

– It is prohibited to kill or injure an enemy who has surrendered or ceased to take part in hostilities.

– The wounded and sick should be picked up and given medical care.

– Everyone has the right to basic judicial guarantees. No one shall be subjected to physical or psychological torture, corporal punishment, cruel or degrading treatment.

International law limits the means and methods of warfare. The following are completely prohibited means of warfare: explosive and incendiary bullets; bullets that unfold or flatten in the human body; poisons and poisoned weapons; asphyxiating, poisonous and other gases, liquids and processes; biological weapons; means of influencing the natural environment that have broad long-term consequences as methods of destruction, damage or harm to another state; damage from fragments that cannot be detected in the human body by X-rays; mines, booby traps and others.

The following are prohibited methods of warfare: treacherously kill or injure civilians or the enemy; kill or wound an enemy who has surrendered and laid down his arms; announce to the defender that in case of resistance there will be no mercy for anyone; It is illegal to use the parliamentary flag or the flag of a state not participating in the war, the flag or signs of the Red Cross, etc.; to force citizens of the enemy side to participate in military actions against their state; genocide during the war, etc.

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International protection of human rights in peacetime and wartime

At the heart of international human rights agreements and conventions is the principle that certain fundamental rights and freedoms must be respected in all situations, including armed conflicts. An armed international conflict (war) refers to an armed confrontation between several states. A non-international armed conflict is a confrontation within one state between the government and anti-government forces (rebels). The state has the right to independently solve internal problems, including the use of force to restore law and order on its territory, and introduce a state of emergency.

Rules and customs of warfare Hague law (Hague conventions and treaties) Geneva law (Geneva Conventions) Means and methods of warfare Protection of victims of war (sick, wounded, shipwrecked, prisoners of war, civilians) From the beginning of hostilities, regardless of the reasons The emergence and nature of the conflict are governed by the rules of international humanitarian law, which are binding on all participants.

Prohibited Methods: treacherous killing or wounding of persons belonging to the civilian population or enemy troops; an order not to leave anyone alive, a threat to do so, or the conduct of hostilities on this basis; taking hostages, killing or wounding enemy soldiers who have laid down their arms; improper use of international emblems, signals, etc. terror against civilians; forcing enemy citizens to participate in hostilities against their country;

attacks on unprotected settlements, looting of populated areas; destruction of life support facilities for populated areas, attacks on structures containing forces (dams, nuclear power plants, etc.); attack on objects marked with the emblem of the Red Cross or Red Crescent; destruction of monuments and other cultural values. Methods Prohibited

Prohibited Asphyxiants, poisonous gases and liquids; bacteriological, toxin and chemical weapons, as well as weapons of indiscriminate action; explosive paths that unfold in the human body and other means of destruction, which, when injured, increase the suffering of people; booby traps and devices that are similar in appearance to children's toys and other harmless objects; weapons that produce fragments that cannot be detected in the human body by X-rays; incendiary weapon.

UN specialized agencies related to ensuring and protecting human rights International Labor Organization (ensuring and protecting the right to work); United Nations Educational, Scientific and Cultural Organization (UNESCO) (ensuring and protecting the right to education and cultural rights); World Health Organization (ensuring and protecting the right to health, including the problem of HIV/AIDS); Food and Agriculture Organization of the United Nations (fight against hunger); United Nations Children's Fund (UNICEF) (protection of children's rights); Office of the United Nations High Commissioner for Refugees (ensuring and protecting the rights of refugees and displaced persons); International Criminal Court (investigation and punishment of war crimes against humanity); International Criminal Tribunals for Rwanda, the former Yugoslavia, etc.

Ensuring and protecting human rights and freedoms in peacetime and wartime is carried out by state governments, regional and global official and non-governmental organizations. The United Nations (UN), created after World War II, plays a significant role in the protection of human rights and freedoms, which adopted the Universal Declaration of Human Rights, other human rights documents, and the Convention on the Rights of the Child. The UN and organizations operating under its auspices strive for the realization of human rights and freedoms and protect them in peacetime and wartime.

UN Security Council UN General Assembly High Commissioner for Human Rights (coordinates the protection of human rights throughout the UN system) Economic and Social Council

UN General Assembly Human Rights Council Committee against Torture Committee on the Elimination of Racial Discrimination Committee for the Protection of the Rights of Migrant Workers

Committee on the Elimination of Discrimination against Women Economic and Social Council Committee on Economic, Social and Cultural Rights Committee on Human Rights Committee on the Rights of the Child

Economic and Social Council Commission on Sustainable Development Commission on the Status of Women Commission on Population and Development Commission on Crime Prevention and Criminal Justice Commission for Social Development Special Rapporteur for Monitoring the Implementation of the Standard Rules on the Equalization of Opportunities for Persons with Disabilities Permanent Forum on Indigenous Issues

The decision to create the International Criminal Court and the adoption of its status is the beginning of a qualitatively new stage in the development of interstate relations and international law. For the first time since the Nuremberg trials of Nazi criminals, the international community has decided to create a permanent highest court that can pass judgment on all those guilty of war crimes and crimes against humanity, regardless of their official position.

International crimes Actions aimed at starting or waging a war of aggression Crimes against humanity War crimes

The Statute of the International Criminal Court includes over 50 different violations of the Geneva Conventions of 1949, as well as other laws and customs of war, as war crimes. War crimes and crimes against humanity are not subject to statute of limitations. Responsibility arises regardless of the place and time of their commission. Any state is obliged to treat such persons as criminals. If the individual who committed an international crime acted on behalf of the state, the state itself may be brought to international legal responsibility.

In Europe, in addition to the Human Rights Convention, the European Social Charter, the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and the European Charter for Regional or Minority Languages ​​have been adopted. Convention for the Protection of National Minorities, etc. To implement these documents, the European Committee of Social Rights, the Committee for the Prevention of Torture, and the European Commission against Racism and Intolerance operate.

On November 4, 1950, the European Convention on Human Rights was signed in Rome (Russia ratified the Convention in 1998). The Convention ensures the implementation of civil and political human rights. Among other rights, the right of individual appeal to the European Court of Human Rights is established. A court of ten judges (on rare occasions a Grand Chamber of 21 judges convenes), including a judge representing the country whose case is pending before the Court, determines whether the Convention has been violated. If the application is accepted, the Court seeks a peaceful resolution of the case (for example, an article of legislation is changed, the applicant is awarded compensation).

the applicant has exhausted all possibilities of protection of rights in his state; the applicant is a victim of a violation by the State; the applicant applied to the European Court in the prescribed form no later than six months from the date of the final decision on the case by the national authorities; the rights enshrined in the European Convention have been violated; the violation of rights occurred after the date of ratification of the Convention by the state. Conditions for the European Court to accept a case for consideration

To designate a set of norms directly related to individual rights and freedoms, the concept of “international humanitarian law” is used.

International humanitarian law– a set of norms that define human rights and freedoms that are common to the international community, establish the obligations of states to consolidate, ensure and protect these rights and freedoms and provide individuals with legal opportunities for their implementation and protection.

The need for humanitarian law was realized by the human community when world history demonstrated that the law of war remained decisive in international relations.

An important step in regulating the rules of warfare was the adoption of the Geneva Convention (1867), the St. Petersburg Declaration (1868), and the Hague Conventions (1899 and 1907), which established the following provisions:

– a system of peaceful means for resolving disputes between states was established;

- military actions should be directed only against fighting armies;

– the civilian population should not be the target of military attacks or hostilities;

– the obligation to care for the sick and wounded who were captured was introduced, showing a humane attitude towards prisoners of war;

– the use of poisonous weapons and means that cause suffering was prohibited;

– occupation was considered a temporary occupation of enemy territory, during which local orders and customs cannot be abolished.

The course of the First (1914–1918) and Second (1939–1945) World Wars demonstrated that most of the provisions of these declarations and conventions remained ignored.

Therefore, an urgent need arose to affirm the unshakable principles of international settlement and protection of human rights.

On April 25, 1945, a Conference on the creation of an international organization opened in San Francisco (USA). Soon, representatives of 51 states signed the Charter of the United Nations (UN). The UN officially came into being on October 24, 1945, when its Charter was ratified by Great Britain, China, the Soviet Union, the United States, France and most of the other signatory states.

Among the principles and norms developed by the UN, which form the foundation of modern international law, we highlight the following:

– The principle of equality and self-determination of peoples.

– The principle of respect for human rights.

– The principle of state responsibility for aggression and other international crimes (genocide, racial discrimination, apartheid, etc.).

– The principle of international criminal responsibility of individuals.

The UN Charter was the first multilateral treaty in the history of international relations, which laid the foundation for the broad development of cooperation between states on human rights.

The great development was that international law turned its attention to a man who was virtually uninteresting to its old norms. The principle of respect for human rights has become generally accepted.

Article 1 (clause 3) of the UN Charter states that one of the goals of the organization is to carry out international cooperation “to promote respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.” Thus, the principle of respect for human rights was established as one of the fundamental principles of international law in 1945.

TO sources of modern international humanitarian law include:

Universal Declaration of Human Rights 1948

International Covenant on Economic, Social and Cultural Rights 1966

Convention on the Elimination of All Forms of Discrimination against Women, 1979

International Convention on the Elimination of All Forms of Racial Discrimination, 1965

Convention of the Commonwealth of Independent States on Human Rights and Fundamental Freedoms, 1995

The Geneva Conventions of 1949 for the protection of war victims and other multilateral and bilateral international acts, many of which have been ratified by the Russian Federation.

Fundamental documents in the field of human rights for states in various regions of the world have appeared: European Convention for the Protection of Human Rights and Fundamental Freedoms (1950); American Convention on Human Rights (1969); African Charter on the Rights of Individuals and Peoples (1986); Cairo Declaration of Human Rights in Islam (1990).

In their activities, international bodies monitoring the observance of human rights use the following main mechanisms:

– Consideration of complaints, which are presented to a committee or commission; the supervisory body then makes a decision, expecting the state concerned to implement it, although no enforcement procedure exists to do so.

– Court cases. In the world, only three permanent courts are bodies that monitor compliance with human rights: European Court of Human Rights; Inter-American Court of Human Rights; International Criminal Court(considers crimes against humanity).

– Reporting procedure by the states themselves, containing information on how human rights are respected at the national level; the reports are openly discussed, including by non-governmental organizations, which simultaneously draw up their own alternative reports.

Any person under the jurisdiction of a country that is a member of the Council of Europe can apply to the European Court of Human Rights. Its protection has extended to citizens of the Russian Federation since 1998.

There are certain rules for applying to this court:

– one should only complain about a violation of rights covered by the Convention for the Protection of Human Rights and Fundamental Freedoms;

– only the victim himself can complain and only about violations that occurred after his country ratified the documents on accession to the Council of Europe, while all measures and types of domestic protection must be exhausted by him, etc.

Failure to comply with the decision of this court may lead to the suspension of the country's membership in the Council of Europe, and then, possibly, exclusion from it.

In peacetime conditions, the European Court of Human Rights is the main body for the protection of these rights.

In wartime, the role of the International Court of Justice in the international system of human rights protection increases. In addition, it is possible to create special tribunals for individual “problem” countries (for example, Rwanda, the former Yugoslavia), which combine punitive and human rights functions.

At the present stage, the main norms of international humanitarian law applied during armed conflicts are:

– Persons out of action, as well as persons who do not directly take part in hostilities (civilians), have the right to respect for their lives, as well as to physical and mental integrity.

– Captured combatants (the so-called combatants) and civilians must be protected from any acts of violence. Parties to a conflict must always distinguish between civilians and combatants so as to spare civilians and civilian objects. The attack should only be directed against military targets.

– It is prohibited to kill or injure an enemy who has surrendered or ceased to take part in hostilities.

– The wounded and sick should be picked up and given medical care.

– Everyone has the right to basic judicial guarantees. No one shall be subjected to physical or psychological torture, corporal punishment, cruel or degrading treatment.

– The right of the parties to the conflict and their armed forces to choose means and methods of warfare is limited. The use of weapons and methods of warfare that are likely to cause unnecessary destruction or unnecessary suffering is prohibited.

However, international law, even when regulating armed conflicts, proclaims the basic principle: states are obliged in all circumstances to resolve any disagreements by peaceful means.

In the 20th century International law has paid special attention to the protection of children's rights. Back in 1924, the League of Nations adopted the Geneva Declaration, calling on men and women around the world to create conditions for children for normal spiritual and physical development. After the end of World War II, in 1945, the UN General Assembly created United Nations Children's Fund (UNICEF).

Sample assignment

A1. Are the following statements about the essence of international human rights standards correct? A. International human rights standards are the international obligations of a state that it must comply with during hostilities. B. International human rights standards are obligations assumed by states in relation to citizens of other states located on their territory.

1) only A is correct

2) only B is correct

3) both judgments are correct

4) both judgments are incorrect

The principle of respect for human rights and fundamental freedoms is enshrined in the preamble, Art. 1 and 55 of the UN Charter. So, for example, in Art. 1 of the Charter, as the goal of the members of the Organization, states cooperation between them “to promote and develop respect for human rights and fundamental freedoms for all, without distinction as to race, sex, language or religion.” According to Art. 55 of the Charter “The United Nations shall promote: a) improved standards of living, full employment and conditions of economic and social progress and development... c) universal respect for and observance of human rights and fundamental freedoms for all.”

These general provisions of the UN Charter were most fully specified in the Universal Declaration of Human Rights of 1948 and two covenants adopted in 1966: the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

On December 10, 1948, the UN General Assembly adopted the Universal Declaration of Human Rights. It is difficult to overestimate the importance of this document. For the first time in international practice, the Declaration reflected the idea of ​​the inextricable connection and interdependence of the entire complex of fundamental rights and freedoms. This provision was further developed in the resolution of the UN General Assembly on December 4, 1986: “All human rights and fundamental freedoms are indivisible and interdependent; and the development and protection of one category of rights cannot serve as a pretext or justification for exempting States from the development and protection of other rights.” Today, the Universal Declaration of Human Rights is the basic international code of conduct in the field of the legal status of man and citizen. And although the Declaration does not create legal obligations for states, it nevertheless has a serious impact on the regulation of relations between states, since all international treaties are currently being developed and concluded on the basis of its provisions.

It took more than twenty years for the creation and adoption by the UN General Assembly of the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights. They were adopted in 1966 and entered into force in 1976. The Second Covenant included an Optional Protocol, which provided for a mechanism for dealing with complaints from individuals.

These three documents together make up the International Bill of Human Rights.

Currently, the international code defining human rights includes about seventy fundamental international treaties and declarations. These include the above-mentioned International Bill of Human Rights, as well as the international legal documents adopted on its basis on the self-determination of peoples, on the prevention of discrimination, genocide, apartheid, slavery, on the right to citizenship, on the right to asylum, on the rights of refugees, on freedom of information, freedom of association, marriage and family, rights of children and youth, social progress, welfare and development, etc. These acts also include a number of agreements concerning the legal status of certain categories of citizens: women, children, disabled people, mentally retarded persons, refugees, stateless persons (a person who is not considered a citizen of any state by virtue of the law of that state), etc. All of them complement and specify mechanisms for the implementation of international agreements.

International norms and standards in the field of the legal status of man and citizen are established through agreements between states, but do not directly create human rights and freedoms. These norms are binding only for states and between states. The implementation and implementation of these norms and standards is the duty and responsibility of the states parties to international human rights treaties, in the event of ratification of which, they (the states) undertake to bring their national legislation into compliance with mandatory norms. International protection of the legal status of a person and a citizen, carried out by international legal means, based on the generally recognized principle of respect for human rights, serves, although an important, but still an auxiliary measure.

However, there is also a certain set of institutions that provide such protection in practice: the International Criminal Court, the European Court of Human Rights, the UN Human Rights Committee, etc.

Considering the European region, it is worth paying special attention to the activities of the largest European interstate organization - the Council of Europe. One of the goals of this organization is: protection of human rights, pluralistic democracy and the rule of law Council of Europe: Activities and results. Publication of the Public Relations Service. 1998..

Today, 44 states are members of the Council of Europe (all European states with the exception of the Vatican City, Belarus, Monaco and the former Yugoslavia). The main instrument for the implementation of the European Convention on Human Rights is the European Court of Human Rights, which will be discussed further.

The European Court of Human Rights, according to the Convention, consists of judges equal to the number of signatories to the Convention. There are no restrictions on the number of judges of the same nationality. The court operates in Strasbourg, France on a permanent basis. Now there are judges sitting in it - from 41 countries, Armenia, Azerbaijan and Bosnia have not yet sent judges.

Judges are elected by the Parliamentary Assembly of the Council of Europe (PACE) from a list (each country sends a list of three candidates). The candidate from each country is selected by a majority. Judges are elected by the Parliamentary Assembly of the Council of Europe for a term of six years. Since at the beginning of the Court's operation half of the judges ceased to serve after a term of three years, now every three years half of the Court's composition is renewed. Judges on the Court perform their duties individually and do not represent any state. They cannot be involved in activities that might affect their independence. The term of office of judges also ends when they reach the age of seventy years. The General Assembly of the Court elects from among its members the President, two Vice-Presidents and two Presidents of sections of the Court for a period of three years. Rules of the European Court of Human Rights of November 4, 1998.

Any of the signatory states, as well as an individual applicant, may be a plaintiff in a case alleging a violation of any of the rights guaranteed by the Convention by any of the signatory states. Special forms, as well as instructions for completing them, can be obtained from the Registry of the Court in Strasbourg.

Moreover, before a complaint is filed with the Court, strict compliance with several indispensable conditions is necessary.

Firstly, the subject of the complaint can only be rights guaranteed by the Convention or its Protocols. The list of these rights is quite wide, but it lacks some rights known to the latest constitutional legislation. These rights are enshrined in another Council of Europe Convention, the European Social Charter, but the jurisdiction of the European Court is based exclusively on the Convention for the Protection of Human Rights and Fundamental Freedoms.

Secondly, a complaint can only come from the victim himself. Even when a complaint is filed by an association of individuals, everyone must prove their specific personal claims.

Thirdly, the complaint must be filed no later than six months after the final consideration of the matter by the competent government agency.

Fourthly, complaints can only be made about violations that occurred after the date of ratification of the Convention by the state.

Fifthly, in order for a complaint to be considered admissible on its merits, the applicant must exhaust all domestic means of protecting his rights, and, above all, judicial means of such protection.

The procedure for considering cases in the new European Court of Human Rights is open and transparent. Hearings are held in public unless one of the Chambers of the Court, due to exceptional circumstances, decides otherwise. The Court's decisions, as well as other documents related to the consideration of the case, are open to the public.

Individual applicants may file a claim on their own, but having an official representative is recommended and even required for the hearing. The Council of Europe has established a special assistance scheme for applicants who do not have the necessary means to secure an official representative.

The official languages ​​of the Court are English and French, however, the application may be submitted in any of the official languages ​​of the countries that have signed the Convention. Further, after the claim has been accepted for consideration, the official language of the Court must be used, unless the President of one of the Chambers approves the use of the language in which the claim was filed.

Within three months after the announcement of the decision, either party may request consideration of the case by the Grand Chamber. Such demands are considered by a commission of five judges consisting of: the President of the Court, the Presidents of the Sections, with the exception of the President of the section that participated in the decision on the case, and other judges selected by rotation from judges who are not members of the Chamber.

The decisions of the Chamber become final after the expiration of a period of three months, or earlier if the parties have declared no intention to seek review, or after the request has been rejected by the aforementioned Commission.

If the Commission accepts the case for review, the Grand Chamber makes a decision on the case by a majority vote, and this decision is final. The final decisions of the court are binding on the respondent State in the case. Although there is no mechanism that would force states to implement the decisions of the Court, there has been only one precedent for refusing to implement the decision of the European Court in all the years of its existence: to resolve the situation on the island of Cyprus.

The Committee of Ministers of the Council of Europe is responsible for monitoring the implementation of the Court's decision. The Committee of Ministers is also responsible for monitoring the adequacy of the measures taken by the State in pursuance of the decisions of the Court.

In accordance with the Constitution of the Russian Federation, everyone has the right, in accordance with international treaties of the Russian Federation, to apply to interstate bodies for the protection of human rights and freedoms if all available domestic remedies have been exhausted. Constitution of the Russian Federation. Art. 46, part 3.

Ratification by the Federal Assembly of the European Convention for the Protection of Human Rights and Fundamental Freedoms provided all residents of Russia with the opportunity to apply for protection of their rights to the European Commission of Human Rights, as well as to the European Court of Human Rights.

As of February 9, 2004, 8,199 applications from the Russian Federation (from citizens of the Russian Federation, as well as from foreign citizens appealing against the actions of the Russian authorities) had passed through the European Court. These statements have been received since the Convention entered into force for the Russian Federation (05/05/1998). Of this number of applications, 2,181 dossiers are already in progress, ready for decision. 45 applications were sent with a request to the Government of the Russian Federation, the Russian authorities, 3 complaints were considered acceptable and preliminary dossiers were opened for 3158 complaints, on which correspondence between the applicants is being conducted. That is, we can assume a significant increase in decisions on the Russian Federation in 2005-2006 Internet conference of the Council of Europe and the European Court of Human Rights “European standards for the protection of human rights. Ensuring access in the Russian Federation."

At the same time, the incompleteness of judicial reform in the Russian Federation and the poor functioning of the courts may lead to violations of Art. 6 of the Convention, which guarantees the right to a fair trial within a reasonable time. Based on the practice of the European Court of Human Rights, in which about 50% of the cases considered are related to violation of reasonable time limits for judicial proceedings, it may become a frequent practice that the European Court will make decisions on violations by Russia of the provisions of the Convention in this area.