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ЮРИДИЧЕСКИЕ НАУКИ
CHARACTERISTICS OF ITERNATIONAL HUMAN RIGHTS EDUCATION TREATIES OF UNIVERSAL INTERNATIONAL ORGANIZATIONS Safarova Sh.P. Email: Safarova674@scientifictext.ru
Safarova Shahlo Pulatovna - Teacher, DEPARTMENT OF INTERNATIONAL PUBLIC LAW AND STATE LAW DISCIPLINES, FACULTY OF INTERNATIONAL LAW, UNIVERSITY OF THE WORLD ECONOMY AND DIPLOMACY, TASHKENT, REPUBLIC OF UZBEKISTAN
Abstract: this article analyzes international legal documents and programs on human rights education adopted within the framework of universal human rights educational organizations, such as the United Nations and UNESCO, as well as the essence of their implementation, their legal nature and their impact on contemporary international law. The development of the sphere of education in the field of human rights and the need to differentiate the legal norms of international legal documents to "hard law " and "soft law. Revealed important features of international documents in the field of human rights. Keywords: human rights and freedoms, human rights education, international law, UN, UNESCO, international treaties, covenants, conventions, declarations, international programs, documents of international conferences.
ОСОБЕННОСТИ МЕЖДУНАРОДНЫХ ДОГОВОРОВ ПО ОБРАЗОВАНИЮ В ОБЛАСТИ ПРАВ ЧЕЛОВЕКА УНИВЕРСАЛЬНЫХ МЕЖДУНАРОДНЫХ ОРГАНИЗАЦИЙ
Сафарова Ш.П.
Сафарова Шахло Пулатовна - преподаватель, кафедра международного публичного права и дисциплин государственного права, факультет международного права, Университет мировой экономики и дипломатии, г. Ташкент, Республика Узбекистан
Аннотация: в данной статье анализируются международно-правовые документы и программы по образованию в области прав человека, принятые в рамках универсальных правозащитных образовательных организаций, таких как Организация Объединенных Наций и ЮНЕСКО, а также сущность их реализации, их правовая природа и их влияние на современное международное право. Рассматривается развитие сферы образования в области прав человека и необходимость дифференциации с юридической точки зрения правовых норм международного юридического документа на «жесткое право» и «мягкое право». Выявлены важнейшие особенности международных документов в области прав человека.
Ключевые слова: права и свободы человека, образование в области прав человека, международное право, ООН, ЮНЕСКО, международные договоры, пакты, конвенции, декларации, международные программы, документы международных конференций.
УДК 341.1/8
Currently, human rights are reflected in more than 80 international UN documents, including numerous international legal documents of UNESCO, the ILO and regional organizations. At the
same time, international and national institutional systems in the area of human rights and freedoms have been formed. As a result, in the modern system of international law has been created a special field of international human rights law [1], [2], [3].
However, the most important issue remains the effective implementation of these international human rights instruments and the relevant national legislation. The main reason for this is to raise the legal awareness and culture of officials and citizens in accordance with the norms of these documents. Therefore, human rights education plays an important role in human rights issues. International human rights education standards are part of international human rights standards and are studied as part of the study of international human rights law.
According to Ilyas Lukashuk, a former member of the UN Commission on International Law, "International human rights law is a new branch that started the formation after the adoption of the United Nations' Charter. Although not a long time since its inception, this new network has now taken a central place in the international legal system. Without deviating from its international character, international law is increasingly being directed towards human beings, and there is no any contradiction. Respecting human rights is an important guarantee of peace and democracy. Respecting human rights in international instruments is the basis of universal law in international instruments [4, p. 1].
It is noteworthy that in the international arena, human rights began to evolve from the second half of the twentieth century, and then developed more rapidly than other fields. In our view, such development is related, first of all, with the adoption of the Charter of the United Nations, as well as the adoption of the Universal Declaration of Human Rights, as a matter of urgency for the international community, as well as the constitutional status of human rights. With the adoption of the Final Act of the Council on Security and Cooperation in Europe in 1975, respect for human rights became one of the basic principles of international law.
In modern international law, a set of universally recognized principles and norms concerning human rights has been formed. International treaties on human rights oblige countries to provide individual rights and freedoms. The laws of each state determine the scope of the rights, their contents and their guarantees of implementation [5, p. 16-17].
"In our opinion" writes Saidov.A.X. - "the development of the term "universally recognized human rights" in relation to the term "international standards" at the interstate level more clearly reflects the role of international instruments with a focus on regulating interstate cooperation, first of all, providing respect to human rights within its jurisdiction and those countries that took the responsibility of obeying human rights in the community in front of its people and the international community" [2, p. 80].
The fact that human rights are enshrined in international instruments has shown that they are internationally recognized, that is, it has become the states' obligation. It can be said that since the adoption of the Charter of the United Nations, the rule-making activity in the field of human rights has begun and is constantly developing.
Three levels of human rights sources can be identified, including human rights education: international universal, international regional and national (within individual states).
In this classification, it is important to consider the nature and content of universal international documents. Because in the universal documents, first and foremost, norms that are very complex and at the same time common to all and reflect the interests of all, aim to bring the the interests of the world community, states and regions closer.
International universal treaties that are sources of universally recognized human rights are the following:
1. The Charter of the United Nations;
2. The Universal Declaration of Human Rights;
3. International Pacts and Conventions on Human Rights;
4. Other UN human rights documents
5. Documents of specialized organizations, such as UNESCO and ILO.
The UN Charter, which consists of the preamble,19 chapters divided into 111 articles, focuses on the issue of human rights. In particular, the Preamble of the United Nations Charter clearly outlines such goals and principles as human rights and freedoms, the struggle for freedom, equity of men and women, the promotion of ideas of democracy and humanism, the promotion of freedom and equality among states[7, p. 3].
The United Nations Charter, as one of its main objectives, states: "... to promote international cooperation in developing and promoting respect for human rights and fundamental freedoms for all, regardless of race, gender, language and religion" [7, p. 3].
In the preamble of the Universal Declaration of Human Rights of December 10, 1948, it was stated as "... taking into consideration that Member States undertake the responsibilty jointly with the United Nations to promote universal respect for and observance of human rights and fundamental freedoms;
Whereas the universal understanding of the nature of these rights and freedoms is of paramount importance for the full realization of these obligations;
General Assembly announces this Universal Declaration of Human Rights as a task that all nations and nations should strive to achieve ".
For this purpose, Article 26, paragraph 2, of the Declaration states, "Education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms. Education should serve to promote mutual understanding, goodwill and friendship among all nations, races and religions, and to assist the United Nations in maintaining peace" [3, p. 246].
The Charter of the United Nations and the Universal Declaration of Human Rights have become the basis for international human rights instruments and international rulemaking. All subsequent adopted documents are aimed at further improving, implementing and improving the norms of human rights and freedoms set forth in these documents.
The importance of encouraging respect for human rights in this area, particularly in the area of human rights education, has been reflected in numerous international legal documents. Among them, the main UN documents on human rights play an important role:
International Pact on Economic, Social and Cultural Rights (1966);
International Pact on Civil and Political Rights (1966);
International Convention on the Elimination of All Forms of Racial Discrimination (1965);
International Convention on the Elimination of All Forms of Discrimination Against Women (1979);
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1984);
Convention on the Rights of the Child (1989);
Convention on the Rights of Migrant Workers and Members of Their Families
Convention on the Rights of Persons with Disabilities (2006);
International Convention on the Protection of All Persons from Enforced Disappearance (2006).
Although these documents are the basic UN documents on human rights, each of them has no specific norm for human rights education. However, the rights and freedoms set forth in these documents cannot be implemented without creating a respect for them in the people. Respect for human rights is the most important and fundamental prerequisite for ensuring human rights. Therefore, the extent to which these regulations are incorporated into the education system in the country is regarded as a matter of concern for statesin terms of implementing these documents.
For example, paragraph 2 of article 2 of the International Covenant on Economic, Social and Cultural Rights states: ".. Each State Party participating in this Pact undertakes the obligations, in accordance with its constitution, of taking action for such legislative or other measures as may be necessary for the exercise of the rights recognized in the present Pact" [3, p. 249].
The UN Committee for Economic, Social and Cultural Rights, which is the monitoring mechanism of this Pact, explained in its fifth session in 1990, what measures would belong to "appropriate measures", including educational ones [7].
In accordance with article 13 of the Pact, States Parties recognize the right of everyone to education. They agree that education should be directed towards the full development and understanding of the human personality and to the strengthening of respect for human rights and fundamental freedoms. They also recognize that education should enable everyone to be a useful member of a free society, to foster co-operation, tolerance and friendship among all nations and races, ethnic and religious groups, and to assist the UN in peacekeeping.
The International Pact on Civil and Political Rights also contains a norm regarding the respect for human rights. In particular, in Article 2 it is stated that:
1. Each participart state of this Pact undertakes the responsibility to respect and safeguard the rights of persons within its territory and those under its jurisdiction, without discrimination.
2. Unless it was not discussed in legislation or in other events, each participant state shall, in accordance with its constitution, take action to adopt such legislative or other measures as may be necessary to give effect to the rights recognized in the present Pact" [3, p. 249].
This is the same as the norm in Article 2 of the Pact on Economic, Social and Cultural Rights discussed above. Consequently, the main task here is to promote respect for human rights and freedoms, along with legislative, administrative, and financial means, as well as education.
These norms are also reflected in other major UN conventions, such as, Articles 2 and 7 of the International Convention on the Elimination of All Forms of Racial Discrimination, Articles 2 and 10 of the International Convention on the Elimination of All Forms of Discrimination Against Women, Articles 2 and 10 of the Convention on against Torture, Cruel, Inhuman or Degrading Treatment and Articles 4, 17, 19, 29 of the Convention on the Rights of the Child shall promote mutual understanding, to further strengthen and develop tolerance and friendship between all nations and all racial, ethnic and religious groups, as well as to the full human development, including children. Among these objectives, special attention is paid to the educational process, in particular to human rights education [5, p. 20].
In addition to these documents, it is necessary to focus specifically on the 1949 Geneva Conventions and additional 1977 protocols to protect victims of armed conflict as international humanitarian law. In particular, the Geneva Conventions contain a provision for the promotion and training of the Convention. Article 47, 48, 127 and 144 of the four Geneva Conventions respectively, and Article 83 of Annex I, "High Contracting Parties, as well as during the period of peace and armed conflict, ar to disseminate the Conventions and the Protocol in their countries, in particular to integrate their learning into military training programs and encourage their learning by the civilian population so that both the armed forces and the civilian population are aware of the documents. Any military or civilian authority who took the responsibility for the implementation of the Conventions and the present Protocol in armed conflict should read the text of these documents in full. Article 19 of the Annex II Protocol, entitled "Promotion" states: "This Protocol shall be made as widely available as possible" [8].
An analysis of these key UN human rights documents shows that the main tools for implementing these human rights and freedoms are, firstly, raising human rights literacy through the inclusion of these rights and freedoms in the country's education system, and secondly recognizing the right to education as a category of human rights.
In this context, along with international pacts and conventions, the issue of human rights education is reflected in other key UN documents. These include:
1. Declaration on the Rights of the Child (1959);
2. Declaration on the Elimination of All Forms of Racial Discrimination (1963);
3. Declaration on the Promotion of Peace, Mutual Understanding and Understanding among Youth (1965);
4. The Final Document of the World Conference on Human Rights (Tehran Conference Document, 1968);
5. Declaration on the Elimination of All Forms of Discrimination Against Women (1968);
6. Declaration on Social Progress and Development (1969);
7. Declaration on the Rights of Persons with Disabilities (1975);
8. Declaration on the Elimination of All Forms of Intolerance and Discrimination Based on Religion and Belief (1981);
9. Declaration on the Right to Development (1986);
10. Basic Principles on the Role of Lawyers (1990);
11. Vienna Declaration and Program of Action (1993) and others.
It is worth noting here the programs adopted in the field of human rights education within the UN. These include:
1. UN Decade for Human Rights (1994);
2. United Nations Action Plan on the Decade of Human Rights Education, 1995-2004 (1996);
3. Guidelines for the National Action Plan on Human Rights Education (1997);
4. World Human Rights Education Program (2004);
5. Action Plan for the First Phase of the World Human Rights Education Program (2005 -2007) (2005);
6. World Human Rights Education Program (2005);
7. World Human Rights Education Program (2007);
8. International Year for the Study of Human Rights (2007);
9. Action Plan for the Second Phase of the World Human Rights Education Program (2010-2014) (2010);
10. World Human Rights Education Program: Approval of Action Plan for Phase II (2010);
11. UN Declaration on Human Rights Education and Training (2011) [9].
These documents, which enshrine the norms of "International soft law", promote peace and harmony in the world through human rights education, the prosperity of different peoples and nations, states, respect for humanity among various socially vulnerable groups, such as women, children, youth, persons with disabilities, freedom, humanism, solidarity, mutual understanding, the acquisition of modern knowledge, and so on.
In the field of obeying and respect for human rights, the documents adopted at two world conferences on human rights also played an important role. In particular, the World Conference on Human Rights, which was held in Tehran from April 22 to May 13, 1968, analyzed the twenty years of human rights activity following the adoption of the Universal Declaration of Human Rights. At the end of the conference, the appeal of the Tehran Conference was accepted. It noted that the Universal Declaration of Human Rights reflects the inherent and inalienable rights of each person and that this document is binding on all members of the international community. Although the Declaration since that time had advisory character, it has gained its "distinctive" legal power in international law. While the conference highlighted the fact that there were 700 million illiterate people around the world and it was a major obstacle in achieving the goals of the UN Charter and implementing the Universal Declaration of Human Rights, thus it was claimed that a great emphasis should be placed on strengthening the international community's efforts to eradicate illiteracy around the world and promote education at all levels.
In June 1993, Vienna (Austria) hosted the next World Conference on Human Rights, which played a major role in the further development of human rights.
The World Conference adopted the Vienna Declaration and Action Program, recognizing that promoting and protecting human rights is a top priority for the international community [5, p. 24].
The Vienna Declaration and Program of Action highlighted human rights education disctinctively. The Conference reaffirmed that, in accordance with the Universal Declaration of Human Rights and the International Pact on Economic, Social and Cultural Rights and other human rights treaties, states should ensure that the education system is strengthened in respect for human rights and fundamental freedoms.
In recognition of the importance of the human rights education process, in 1994, declaring the Decade of Human Rights Education, the UN General Assembly supported efforts to advance human rights education and turned it into a particular focus. The United Nations has called on all countries, international organizations, trade unions, national authorities and non-governmental organizations, educational institutions, and civil society sectors to join efforts to spread a common culture of human rights through information, education, and training courses.
The adopted Decade of Action set specific objectives for the international community to promote human rights education, namely: the needs assessment and the formulation of effective strategies; formulation and improvement of educational programs and development of educational opportunities at international, regional, national and local levels; to coordinate the effective training materials development; to enhance the role and capabilities of the media; Distribution of the Universal Declaration of Human Rights text around the world [5, p. 24-25].
Based on the results of this decade, the UN General Assembly announced the World Education Program on Human Rights by Resolution 59/113 on December 10, 2004, and the Human Rights Council's 60/251 Declaration of March 15, 2006 marked that it is necessary to promote educational activities in the field of human rights.
The UN General Assembly adopted the UN Declaration on Human Rights Education and Training on December 19, 2011, at a plenary session by resolution 66/137. The UN Human Rights Council began its work in 2007 to develop a new international human rights standard [10].
The World Human Rights Education Program, based on Resolution 36/12 of the Human Rights Council on September 28, 2017, furthered the standards set forth in the above document [11].
The issue of education in the field of human rights is also reflected in the Declaration where was defined 17 Sustainable Development Goals needed to be achieved by 2030, 169 Objectives and 232 Indicators adopted with Resolution No.70 according to Global Agenda for Sustainable Development by the United Nations General Assembly in September 2015.
If analyzed, 17 Sustainable Development Goals aims at ensuring economic, social, environmental and other human rights and equality in the world. Among these, education has been defined as a specific goal, and as Goal 4, it aims at "ensuring universal and fair quality education and encouraging everyone to have access to life-long learning".
The task of coordinating the implementation of the objectives set forth in Goal 4 by the states is the responsibility of a specialized, universal organization, UNESCO. This is not accidental, as education and research is one of the key areas of UNESCO's work, and the Organization's primary objective is to promote and support human rights education in its activities. To achieve this goal, the organization approaches its objectives from the point of view of establishing and improving the quality of the education system and securing the right to education. In this regard, it is advisable to include the followings in the range of documents adopted within the Organization:
1) Convention against Discrimination in Education (Paris, December 14, 1960);
2) Convention on Technical and Vocational Education, adopted in 1989;
3) Convention on the Protection of Cultural Property in the Event of Armed Conflict (Paris, 14.05.1954);
4) Declaration on Race and Racial Disputes (Paris, November 27, 1978);
5) Declaration of the Principles of Tolerance (16.11.1995) and a number of other documents [12].
On the basis of the analysis of universal international human rights education documents, it can be said that the main UN documents are important in the process of developing international norms. Its documents firstly, stipulate that human rights and freedoms, as well as the individual rights and freedoms of different segments, will be enhanced, as well as enhancing their knowledge of such human rights through their inclusion in the education system and secondly, other human rights education documents, education and training on human rights, that is, the training of specialists in this field, and the strengthening of international and national human rights standards through them, are seen as an important element in the obeying and protection of human rights and freedoms.
The documents of another universal organization, UNESCO, regard developing education sphere of human rights by providing right to get education as important goal. At the same time, it is necessary to differentiate the legal norms of legaldocument related to human rights education from the legal point of view. That is, we can see that their development, on the one hand, is developing international "hard law" on international human rights as imperative documents, as well as international "soft law" on the other hand, based on various declarations and recommendations and program documents.
Finally, the most important, theprinciple of universality is being formed in human rights education sphere as specific feature of these documents.
References / Список литературы
1. Nowak A. Introduction to the International Human Rights Regime, Martinus Nijhoff Publishers, Leiden, 2003.
2. Saidov A.Kh. Mezhdunarodnoye pravo prav cheloveka. / Otv. red. B.N. Topornin. M.: IGP RAN, 2002.
3. Saidov A.Kh. Инсон хукуклари буйича халкаро хукук. Дарслик. Тошкент, Konsayditinform-Nashr, 2006.
4. Lukashuk I.I. Mezhdunarodnoye pravo. Obshchaya chast'. Uchebnik. 2-ye izd. pererab. i dop. M.: BEK, 2000.
5. Obrazovaniye v oblasti prav cheloveka: natsional'nyy i zarubezhnyy opyt / Otv. red A.KH. Saidov. Tashkent: Natsional'nyy tsentr Respubliki Uzbekistan bez ogranicheniy, SMI-Aziya, 2011.
6. United Nations Charter and Statute of the International Court of Justice. T.: United Nations Information Center in Uzbekistan, 2002.
7. General Comment 3, принятая на 5-й сессии Комитета в 1990 г.
8. Халкаро Гуманитар хукук. Женева конвенциялари туплами. Т., 2002.
9. The Right to Human Rights Education - A compilation of provisions of international and regional instruments dealing with human rights education. [Electronic Resource]. URL: https://www.ohchr.org/EN/Issues/Education/Training/Compilation/Pages/Listofcontents. aspx (date of access: June 2019).
10. Gol'tyayev A.O. Istoriya sozdaniya, znacheniye, perspektivy. [Electronic Resource]. URL: https://cyberleninka.ru/article/n/deklaratsiya-oon-ob-obrazovanii-i-podgotovke-v-oblasti-prav-cheloveka-istoriya-sozdaniya-znachenie-perspektivy/ (date of access: August 2019, in Russian).
11. Rezolyutsiya, prinyataya Sovetom po pravam cheloveka 27 sentyabrya 2018 goda. 39/3. Vsemirnaya programma obrazovaniya v oblasti prav cheloveka. A/HRC/RES/39/3.
12. ЮНЕСКО халкаро меъёрий хужжатлари /Узбекча нашрининг масъул мухаррири Л. Саидова. Т.: Адолат, 2004.
