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20INTERNATIONAL SCIENTIFIC JOURNAL VOLUME 1 ISSUE 8 UIF-2022: 8.2 | ISSN: 2181-3337
HUMAN RIGHTS ARE THE HIGHEST VALUE Ergasheva Dilnoza O'tkirbek qizi
Jizzakh region Juridical technical school, student of the 8/21 group of judicial legal activity
https://doi.org/10.5281/zenodo.7428608
Abstract. Human rights are a set of rules that ensure the protection of the dignity and freedom of every individual. They form the basis of the constitutional right of the legal state, and embody the basis of the legal status of the individual and the basic rights. Ensuring human rights at a high level is one of the important foundations of building a democratic state. Therefore, Article 43 of our Constitution stipulates that the state must ensure the rights and freedoms of citizens, which are established in the Constitution and laws. This article details human rights and the work being done to ensure human rights. After all, human rights are the highest value.
Keywords: man, law, democracy, constitution, protocol, strategy, ombudsman, declaration, article.
ПРАВА ЧЕЛОВЕКА - ВЫСШАЯ ЦЕННОСТЬ
Аннотация. Права человека - это свод правил, обеспечивающих защиту достоинства и свободы каждого человека. Они составляют основу конституционного права правового государства, воплощают в себе основу правового положения личности и основных прав. Обеспечение прав человека на высоком уровне является одной из важных основ построения демократического государства. Поэтому статья 43 нашей Конституции гласит, что государство должно обеспечивать права и свободы граждан, которые закреплены в Конституции и законах. В этой статье подробно описаны права человека и работа, проводимая для обеспечения прав человека. Ведь права человека являются высшей ценностью.
Ключевые слова: человек, право, демократия, конституция, протокол, стратегия, омбудсмен, декларация, статья.
INTRODUCTION
Our people have always been selfless and considered it a human duty to extend a helping hand to widows, orphans, the needy and the disabled. The sacred book of Zoroastrianism -"Avesta" already mentions the priority of human rights, the way people live as a community, the relationship between them, the state and society, and the procedure for jointly solving issues related to community life. The Sogdian documents in "Avesta" show that the legal system and family-marriage norms, which were perfect for that time, followed. It describes in detail the composition of the participants in legal relations, their rights and obligations, the terms of the contract, the consequences of non-fulfillment of the contract, the time and place of the conclusion of the contract.
In those days, work activities and management of communities were in the hands of elected elders, and all matters related to community life were resolved through the Council of Elders. The head of the council of elders is entrusted with the task of protecting the interests of the community living in the village.
Abu Ja'far Narshahi, a well-known thinker of the ancient East, in his book "History of Bukhara" written in the 9th century, noted that there were 19 large neighborhoods in the city, which had self-governing powers.
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The great poet and thinker Alisher Navoi highly appreciates those who extend a helping hand to depressed people as a high human virtue:
Kimki bir ko'ngli buzug'ningxotirin shodaylagay,
Oncha borkim, Ka'ba vayron bo'lsa obodaylagay.
That is, whoever makes a depressed person happy, he will get the reward of rebuilding and repairing the fallen Kaaba.
Our Grandfather Sahibqiran stated in "Timur's Constitutions" that "I put the affairs of the kingdom in order and discipline, and embellished the career of my kingdom." In the reign of Amir Temur, if a sepoy oppressed a subordinate, he was considered out of service, and the sepoy himself was handed over to the victims. In this case, the victim could punish the policeman as he wished. If senior and local chiefs go beyond their authority and oppress people of lower rank, they are to be fined according to their property. At the same time, when a person was found guilty, only one punishment was applied to him.
In general, the formation of human rights and freedoms has its own history. The concept of human rights in the modern era is believed to have started in Europe during the Renaissance and Reformation. In 1215, Great Charter of Liberties was adopted in England. This document contained 63 articles regulating taxation, court proceedings, religious rights, property rights, guardianship and other issues. The Declaration includes rights such as liberty, property, security and non-discrimination. The rights to free expression of thoughts and opinions, including on religious issues, are also recognized as human rights. The principle of equality of all citizens before the law is declared.
In Germany, the demands of the peasants who fought for their rights, the "Twelve Articles" were a kind of manifesto of the Reformation. It was adopted in 1525 and was printed for the first time in a local printing house. After that, 23 editions of it were printed in different cities of Germany for three months.
The most important document of the Great French Revolution - the Declaration of the Rights of Man and Citizen - defined the individual rights of a person for the first time. It is based on the concept of equal rights and freedom that belongs to every person and citizen from birth. Personal freedom, freedom of speech, freedom of belief, and the right to resist tyranny are declared as natural rights of man and citizen.
This Declaration forms the basis of French constitutional law even now. On October 4, 1958, it was approved by the French Constitution. On July 16, 1971, the French Constitutional Council recognized the "Declaration of the Rights of Man and Citizen" as a legally binding document. In 2003, the "Declaration of Human and Citizen Rights" was included in UNESCO's Program for the Protection of Universal Documentary Heritage established in 1992 - "Memorial of Peace".
On September 25, 1789, James Madison proposed the first ten amendments to the Constitution of the United States at the first session of the US Congress. This is called the Bill of Rights. Its 1st-4th Amendments established the basic rights and freedoms of man and citizen, while its 5th-10th Amendments provided mechanisms for their implementation. The Bill of Rights came into force on December 15, 1791. In it, for the first time, the tasks of federal control over the legal status of the US citizen and the implementation of civil rights and freedoms in the constitutional legislation have been defined. The Bill also primarily sets out prohibitions and limitations for legislative bodies.
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These amendments to the US Constitution included:
1. Freedom of speech, freedom of religion, freedom of the press, freedom of assembly, freedom of filing complaints.
2. The right to keep and carry weapons.
3. Prohibition of placing soldiers in private houses without the permission of the owners.
4. Prohibition of voluntary search and arrest.
5. The right to a proper trial, the right not to testify against oneself, the guarantee of private property.
6. Rights of the accused, including the right to trial.
7. Jurisdiction in civil cases.
8. Finally, the imposition of heavy fines, the prohibition of cruel and unusual punishments.
9. That the rights listed in the Constitution should not be interpreted as discrimination against other rights.
10. The reservation of powers not directly vested in the United States in the Constitution to the states and citizens.
In 1992, the International Federation of Human Rights was established for the first time in the world. As an international organization for the protection of human rights, it works under the motto "All human rights - for all", "To act - to know". Founded by the German and French Leagues, the International Federation of Human Rights now includes 184 human rights organizations from more than 100 countries.
The Federation has identified the following as its main priorities:
- protection of human rights defenders;
- protection of women's rights;
- protection of the rights of immigrants;
- the right of the victims to a fair trial;
- globalization and human rights;
- strengthening international and regional protection;
- fight for human rights and the rule of law in times of conflict, emergency and transition.
LITERATURE ANALYSIS AND METHODOLOGY
The tragic consequences of the Second World War put the development of the institution of human and civil rights on the agenda as a vital necessity. As a result, a qualitatively new stage has begun in the field of guaranteeing human rights at the international level. On December 10, 1948, the General Assembly of the United Nations adopted the Universal Declaration of Human Rights with its resolution 217A (III). In the Preamble of the Declaration, "While the General Assembly declares this Universal Declaration of Human Rights as a task that all peoples and all states must strive to fulfill, it is stipulated that every person and every organization of society should always be enlightened with this Declaration in mind." and to support the respect of these rights and freedoms through education, to ensure their implementation through national and international progressive activities, among the peoples of the member states of the Organization and the peoples living in the territories under the jurisdiction of these states it is necessary to strive for general and effective recognition among them.
In the Universal Declaration of Human Rights:
- life, liberty and privacy;
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- freedom from torture and other types of cruel treatment and punishment;
- protection through court;
- freedom of movement and choice of place of residence;
- inviolability of residence;
- freedom of speech;
- freedom of conscience and religion;
- freedom of peaceful assembly;
- the right to own property;
- the right to education, work, rest;
- social security and other similar rights are guaranteed.
Currently, as stated in Article 29 of the Universal Declaration of Human Rights:
- every person has a duty to the society, only in this case his personality can be free and fully developed;
-everyone should observe the limitations established by the law in order to ensure that the rights and freedoms of others are sufficient and respected in a democratic society, to satisfy the fair requirements of morals, public order, and general well-being in the use of their rights and freedoms;
- the implementation of human rights and freedoms should not contradict the goals and principles of the United Nations.
Since 1950, the International Human Rights Day has been celebrated every year on December 10, when the Universal Declaration of Human Rights was adopted.
In 1966, the International Covenant on Civil and Political Rights and the Covenant on Economic and Social Rights were adopted under the auspices of the UN. The Declaration and these international covenants are called the International Bill of Human Rights. The international bill and subsequent international agreements confirmed the international standards of human and civil rights and the guarantees of the provision of these rights.
The Constitution of the Republic of Uzbekistan embodies all the principles of the Universal Declaration of Human Rights. Our main dictionary consists of 128 articles, more than 30 of which are directly devoted to human rights and freedoms.
Our Basic Law enshrines the following personal rights and freedoms of a person:
- the right to live (Article 24);
- protection of personal honor and dignity (Article 27);
- the right to personal freedom and inviolability (Article 25);
- privacy, the right to be protected from interference in personal and family life, from attacks on one's honor and dignity (Article 27);
- the right not to reveal the secret of correspondence and telephone conversations (Article
27);
- the right to inviolability of residence (Article 27);
- the right to seek, receive and distribute the information he wants (Article 29);
- the right to use one's mother tongue in communication, upbringing, education and creativity, to freely choose a language (Articles 4, 42);
- the right to freely move from one place to another, to choose the place of arrival and the place of residence (Article 28);
- the right to freedom of thought and speech (Article 29);
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- the right to freedom of conscience and religious belief (Article 31);
- the right to property (Article 36);
- the right to work (Article 37);
- the right to rest (Article 38)
- the right to receive social security (Article 39);
- the right to receive qualified medical services (Article 40).
Also, citizens of Uzbekistan have the following political rights and freedoms:
- the right to participate in the management of state and community affairs (Article 32);
- the right to hold meetings, rallies and demonstrations (Article 33);
- the right to association (Article 34);
- the right to appeal (Article 35);
- the right to vote and be elected (Article 117).
Based on the fact that human life, freedom, honor, dignity and other inviolable rights are the highest value, a number of obligations of the state regarding human rights are also noted in our constitution, in particular:
- the state should carry out its activities based on the principles of social justice and legality, aiming at the well-being of people and society, expressing the will of the people and serving their interests;
- state bodies and officials are responsible to society and citizens;
- the state guarantees legal protection and patronage of its citizens both inside and outside its territory;
- languages, customs and traditions of all nationalities and peoples living in the territory of the country are respected, conditions are created for their development.
RESULTS
Citizens have the means to protect their rights and restore their violated rights. These tools include:
1. Applying complaints to relevant state bodies. State bodies, organizations and their officials take measures to ensure full, impartial and timely consideration of appeals, restoration of violated rights and freedoms of citizens and protection of their legal interests must take measures within.
2. Applying to the court regarding illegal actions and decisions of state bodies and officials. Citizens from any illegal actions (decisions) of state bodies and other bodies, officials, as well as from encroachments on their life and health, honor and dignity, personal freedom and property, and other rights and freedoms has the right to be protected by the court.
Ensuring the rights of special categories of the population in need of social protection -children and young people, women, disabled people - is of particular importance.
The United Nations Universal Declaration of Human Rights affirms that children have the right to special care and support. The UN Convention on the Rights of the Child states that a child's personality should develop in a healthy and harmonious manner, that he should grow up in the care of the family, in a situation of happiness, love and conscious understanding.
Uzbeks are a young people. This tradition, which is the highest manifestation of humanity, is a value that has been inherited by our people for centuries. This high value, which is recognized at the international level, has been formed in our country since ancient times. Therefore, one of the first international legal documents ratified after the independence of
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Uzbekistan was the United Nations Convention on the Rights of the Child. Based on the provisions of this Convention ratified by our country on December 9, 1992, Uzbekistan undertook a number of obligations to ensure the rights and freedoms of children.
In general, Uzbekistan is considered a youth country, and 40 percent of its population are children and adolescents under the age of 18. Therefore, the creation of legal and organizational conditions and guarantees necessary for the provision and protection of children's rights is one of the priorities of state policy. Our country has assumed certain international obligations to guarantee children's rights in accordance with the generally recognized principles and norms of international law.
More than 100 laws, decrees, decisions and other regulatory legal documents have been adopted in Uzbekistan aimed at ensuring the rights and freedoms of children stipulated in international agreements. On the initiative and direct participation of the National Center for Human Rights, in 2007, the Law "On Guarantees of Children's Rights" was adopted. The following rights of children are guaranteed in this Law:
- the right to live, it is the fundamental right of every child;
- from the time of birth to get a surname, first name, patronymic, nationality and citizenship, as well as to keep them;
- freedom, privacy, privacy of residence and confidentiality of correspondence;
- living and being brought up in a family;
- expressing one's opinion;
- to receive information that does not harm one's health, moral and spiritual development;
- freedom of thought, speech, conscience and belief;
- owning private property in accordance with the law;
- to have a residence;
- according to his age, state of health and professional training, to work according to the procedure established by law, to freely choose the type of activity and profession, to work in fair working conditions;
- health maintenance;
- learning and others.
CONCLUSION
In conclusion, all efforts and opportunities are mobilized for the ombudsman institute to work based on today's requirements. In particular, information and communication technologies are involved in the process of working with appeals, effective public control is carried out in cooperation with parliament, NGOs and mass media in the positive resolution of applications and complaints, restoration of violated rights. During the study of appeals, the monitoring and analysis activities of the institute will be strengthened in order to improve the laws and documents related to the fulfillment of international obligations on human rights, and to increase the efficiency of the implementation of the recommendations of international organizations in the field of human rights. It is planned to implement a number of projects in cooperation with mass media and international organizations to improve the legal literacy of the population. Man is originally created free. No one has the right to humiliate him, to violate his rights for his own benefit, to torture him mentally and physically. Therefore, the ombudsman institute calls on all dedicated people, heads of state and non-state organizations, and public representatives to cooperate in the restoration of human rights and justice. If we work together, we will definitely achieve our goal.
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