CC BY
12Жамият ва инновациялар -Общество и инновации -Society and innovations
Journal home page: https://inscience.uz/index.php/socinov/index
Providing human rights in society's development - our highest goal
Pulatova NODIRAKHON 1
University of World Economy and Diplomacy Tashkent, Uzbekistan
article info
abstract
Article history:
Received September 2020 Received in revised form 15 September 2020 Accepted 15 October 2020 Available online 30 October 2020
Keywords:
freedom
human rights and freedoms human honor and dignity happiness love
conscience trust and respect legal norms
The article analyzes the essence of human rights and freedoms. Relations between people are regulated by social norms of conduct. In the system of social relations, norms of morality and law are considered the basic norms of regulation. Human rights exist in both moral and legal norms. The author of the article believes that human rights and freedom are a system of philosophical concept of the world vision of a man's essence. At the same time it is possible to recognize that human rights is the system consisting of principles of politeness and morality and norms of law, socially regulating relations between people.
2181-1415/© 2020 in Science LLC.
This is an open access article under the Attribution 4.0 International (CC BY 4.0) license (https://creativecommons.org/licenses/by/4.0/deed.ru)
Jamiyat taraqqiyotida inson huquqlarini taminlash - oliy masadimiz
_аннотация_
Калит сузлар: erkinlik
inson huquqlari va erkinliklari inson sha'ni va qadr-qimmati baxt
muhabbat vijdon
ishonch va hurmat, huquqiy normalar.
Ushbu maqolada inson huquqlari va erkinliklarining mohiyati tahlil qilingan. Odamlar o'rtasidagi munosabatlar ijtimoiy xulq-atvor normalari bilan tartibga solinadi. Ijtimoiy munosabatlar tizimida tartibga solishning asosiy me'yorlari axloq va qonun normalari hisoblanadi. Inson huquqlari axloq normalarida ham, huquqiy normalarda ham mavjud. Maqola muallifi inson huquqlari va erkinliklari inson mohiyati haqidagi dunyoqarashning falsafiy kontseptsiyasi tizimidir, deb hisoblaydi. Shu bilan birga, inson huquqlari ta'lim va axloq tamoyillari va odamlar o'rtasidagi munosabatlarni ijtimoiy
1 PhD, University of World Economy and Diplomacy, Tashkent, Uzbekistan Email: dilanor@mail.ru
jihatdan tartibga soluvchi qonun normalaridan iborat tizim ekanligini tan olish mumkin.
Обеспечение прав человека в развитии общества - наша
аннотация_
В данной статье анализируются сущности прав и свобод человека. Отношения между людьми регулируются общественными нормами поведения. В системе общественных отношений основными нормами регулирования считаются нормы морали и права. Права человека имеются и в нормах морали, и в правовых нормах. Автор статьи считает, что права и свободы человека — это система философского понятия мировоззрения о сущности человека. Вместе с тем можно признать, что права человека - это система, состоящая из принципов воспитанности и нравственности и норм права, социально регулирующих отношения между людьми.
It is noteworthy that the greatest goal of Uzbekistan, which is boldly embarking on the path of independent democracy, is, first of all, the implementation of reforms in the interests of our people. These aspects are also enshrined in our Constitution. In particular, Article 13 of Chapter II of the Constitution states: "Democracy in the Republic of Uzbekistan is based on universal principles, according to which a person, his life, freedom, honor, dignity and other inalienable rights are of the highest value.
The development of knowledge of human rights, their gradual consolidation in international law, has led to the conclusion that a large group of rights has a historical sequence and can be imagined as stages in their development. The idea of universal equality of people (i.e., the idea of human rights as a human being) that emerged in ancient times was not realized even in the Middle Ages, but it was not forgotten and continued to evolve in different positions, different forms and directions. In particular, the norms embodied in the Avesto are fully implemented in the lives of members of society. [2; 29] Sogdian documents are a clear example of this. Sogdian documents show that the legal system and family norms, which were perfect for that period, were followed. It details the composition of the participants in the legal relationship, their rights and obligations, the terms of the contract, the consequences of non-performance of the contract, the time and place of the contract.
"Democratic rights and freedoms are protected by the Constitution and laws." The National Center for Human Rights of the Republic of Uzbekistan, which operates in coordination with the work being done in our country to ensure human rights and freedoms, is also committed to such noble deeds. Over the past period, the Center has developed a national action plan, a strategy for implementing the Constitution, laws and universally recognized norms of international human rights, the development of cooperation of the Republic of Uzbekistan with international and national organizations in
высшая цель
Ключевые слова:
Свобода
Права и свободы человека
Честь и достоинства
человека
Счастье
Любовь
Совесть
Доверие и уважение Правовые нормы.
INTRODUCTION
the field of human rights. Successfully prepares national reports on the observance and protection of these rights, advises public authorities and administrations, as well as public human rights associations, and conducts research on various aspects of the promotion and protection of human rights.[1,97]
First of all, if we look at the work done around the world on human rights, the first strengthening of human rights was carried out in the form of national charters, declarations, constitutional norms. The French Declaration of Human and Civil Rights of 1789 serves as a much more influential piece of legislation, and it is no coincidence that it has historically been an important symbol of the recognition and protection of individual rights and freedoms. A noteworthy aspect of the democratic thesis in the Declaration is that, according to it, a society in which the exercise of rights is not ensured and the separation of powers is not carried out is not considered constitutional [12;53] (art. 16). In the areas of private life, property, security, responsibility of the authorities, including religious and other considerations, natural, inalienable and sacred rights and freedoms are included. In addition to the French Declaration, the British Habeas Corpus Act, the United States Declaration of Independence, the U.S. Constitution and the Bill of Rights, and a number of other documents, which have historically embodied human and civil rights, are of particular importance. December 10 has become a global holiday, as it was one of the first documents to declare social justice in a free and acceptable environment, without discrimination for all. Dozens of documents have been developed on the basis of the Universal Declaration of Human Rights: legally binding pacts, conventions, protocols. They firmly believe in democracy and tolerance, that is, in the opinions of others, in religion, in their behavior, in human rights and freedoms, and in the status of universally recognized universal values of peace and development. The role of education in strengthening and protecting human rights is enshrined in many international instruments. In the decades since the Universal Declaration of Human Rights, the United Nations, the WTO, the ILO, UNESCO, the Council of Europe, the OSCE and five other international organizations have adopted a number of important fundamental documents that have developed rules for building human rights education based on humanitarian ideas. In particular, on November 19, 1974, the General Conference of UNESCO adopted a recommendation on education in the spirit of international understanding, cooperation and peace and respect for human rights and fundamental freedoms. The General Conference extends this recommendation to all UNESCO Member States, as well as to the bodies, agencies or institutions responsible for school education, higher and extracurricular education, the youth and adult education movement, the student and youth movement, student and parent associations, teachers were advised to bring it to the attention of trade unions as well as other stakeholders. [3;15]On 14 May 1985, the Committee of Ministers of the Council of Europe adopted a recommendation on the teaching and learning of human rights in schools, taking into account the obligations of States in the field of human rights education and in accordance with its resolutions. In particular, it "encourages the teaching and learning of human rights in schools; to draw the attention of individuals and organizations involved in school education to the text of the Recommendation; ... to make a Recommendation to the Governments of the Member States of the European Cultural Convention which are not members of the Council of Europe ". Given that the emphasis on human rights education is "still in its infancy," the Second World Conference on Human Rights (Vienna, 1993) in its Declaration and Action Plan called on all states and institutions to work for human rights,
humanitarian law, democracy, and the rule of law called for the inclusion of curricula and the development of specific programs and strategies in the field of human rights that would provide a broad range of human rights education. " [1;82] In 1993, the International Congress for the Education of Human Rights and Democracy, held in Montreal, developed and approved the World Action Plan for the Teaching of Human Rights and Democracy. The Action Plan called for global mobilization of energy and resources from the family to the UN to educate individuals and groups on human rights so that human rights are respected and civil society becomes a model acceptable to all. Since 1988, the United Nations has been conducting a global campaign to raise public awareness of human rights, with great confidence in educational institutions as one of the most important tools for shaping a culture of human rights. Under the auspices of the United Nations, UNESCO,[13;74] the Council of Europe, the OSCE and its Office for Democratic Institutions and Human Rights (ODIHR), 6 international human rights institutions and other international intergovernmental and non-governmental organizations and foundations annually promote human rights, democracy and tolerance around the world, dozens of global, regional and national conferences, symposiums, seminars, schools, training courses on public awareness and education on the culture of peace and international understanding. The UN General Assembly declared 1995-2004 as the Decade of Human Rights Education. In this regard, the Office of the United Nations High Commissioner for Human Rights has developed Guidelines for National Action Plans on Human Rights Education. The United Nations is urging member states to develop a National Action Plan on Human Rights Education. In the field of formation of the legal culture of the population, it is necessary to use the experience gained by mankind on the relationship between the individual and the state. This experience is reflected in major international human rights instruments. The idea of international human rights treaties is of immense moral and legal value. Many international agreements oblige the state to inform the public about the content of this agreement. For example, Article 42 of the UN Convention on the Rights of the Child states: "States Parties undertake to make both adults and children widely informed of the principles and provisions of the Convention, using appropriate and effective means".
MATERIAL AND RESEARCH METHODS
In order to depict the chosen theme methods of national consciousness and special methods of scientific cognition, including official legal, comparative legal, system, analytical, content-analytical, logical-legal were used. The integrity of these methods makes it possible to a certain extent to ensure the validity of the scientific article.
The scientific-political as well as methodological basis of the article was formed by the provisions proclaimed by the President of the Republic of Uzbekistan on the implementation of the tasks outlined in the Strategy of Action for the Development of the Republic of Uzbekistan in five priority directions in 2017-2021, as well as proposals and recommendations to ensure a wide use of information and communication technologies in the activities of the courts, aimed at the efficiency of the judicial process and to increase public awareness of the justice, with an emphasis on the development of the judicial system.
The normative basis for the scientific article is formed by the rules set out in the Constitution and relating to the judiciary, court decisions in current legislation, procedural
legislation relating to court documentation and the Supreme Court decisions on court documentation. The article was empirically based on an analysis of the statistical data maintained by the Supreme Court of Uzbekistan. [7.11]
RESULTS AND ITS DISCUSSION
In a short historical period, Uzbekistan has created a legal framework for the formation of national statehood. Our country, as in all developed legal states, is divided into three branches of government: the legislature, the executive and the judiciary. A strong economy based on free market relations has been built in order to move quickly from a strong rule of law to civil society on the path to the welfare of the people. Thus, our country has become a full and equal subject of international law. Of course, all this was achieved thanks to the zeal, initiative and leadership of our first President Islam Karimov. I. A. In his report on the "Concept of further deepening democratic reforms and development of civil society in the country,"[2;32] Karimov said: consistent democratization and liberalization. In short, further improving the foundations of the rule of law in our country and raising the legal awareness and culture of the population remains a crucial task for us.
The national human rights mechanism consists of the following types:
• economic guarantees;
• social guarantees;
• ideological guarantees;
• political guarantees;
• legal guarantees;
• material guarantees.
In accordance with the UN Program for Democratization of Human Rights and Governance, in 1996 the President of the Republic of Uzbekistan The National Center for Human Rights of the Republic of Uzbekistan was established by the Decree of October 31, 2006. The decree clearly defines the goals and main tasks of the National Center for Human Rights.
The organizational and legal basis of the National Center is the Resolution of the Cabinet of Ministers of November 13, 1996 "On the organization of the National Center for Human Rights of the Republic of Uzbekistan." This decision approved the Statute of the National Center for Human Rights of the Republic of Uzbekistan and the structure of the National Center.
The National Center for Human Rights of the Republic of Uzbekistan is a state interdepartmental body for analysis, clarification and coordination. In other words, this body coordinates the activities of public authorities in the field of human rights, develops a national plan of work in the field of human rights, prepares national reports on human rights in Uzbekistan, and creates a database for civil servants in the field of human rights leads to. Therefore, the main goal of the Center is to develop and implement the National Action Plan in the field of human rights, a multifaceted system of protection of rights and freedoms through the comprehensive solution of these priorities.
In this regard, it is worth mentioning the international cooperation of the National Center. In particular, effective cooperation has been established with the United Nations Development Program in Uzbekistan, the OSCE Project Coordinator in Uzbekistan, the International Labor Organization, the EU Delegation to Uzbekistan, UNESCO, UNICEF,
foreign embassies in our country, and a number of international funds. In cooperation with international partners, various projects aimed at further strengthening, protection and promotion of human rights and freedoms are being implemented in our country.
Currently, the Center's Information and Law Department has the only specialized public library on human rights in Central Asia. The library consists of books, magazines and other literature published in Uzbek and foreign languages, and has a book fund of more than 5,000 titles on human rights. The Center has published more than 150 collections, books and other literature on human rights in the state language in thousands of copies.
CONCLUSION
Formation of National Human Rights Institutions in Uzbekistan As part of the process of reforming and modernizing the country, democratic reforms have been carried out in all spheres of state and society. In particular, the Decree of May 1, 2008 "On the program of events dedicated to the 60th anniversary of the Universal Declaration of Human Rights" was another important step in strengthening the legal status of national human rights institutions in Uzbekistan. The Presidential Decree calls for further organizational and legal improvement of the human rights protection system, as well as state support of national human rights institutions, strengthening the material and technical base, effective work of the National Center for Human Rights and other national institutions. It is planned to take comprehensive measures to create conditions.
The normative documents adopted to support the activities of national human rights institutions, the improvement of the legal framework of national institutions in order to bring them in line with international standards, once again demonstrate Uzbekistan's commitment to democratic change.
Currently, the Representative of the Oliy Majlis for Human Rights (Ombudsman), one of the national human rights institutions operating in the country, the Institute for Monitoring the Current Legislation under the President of the Republic of Uzbekistan and the National Center are working to fulfill their responsibilities. As a result of the actions and research of these organizations, a solid legislative system for the protection of human rights has been established in our country. During the years of independence, constitutional laws, codes and other laws on the protection of fundamental human rights and freedoms have been adopted and are being implemented. Adoption of the Law "On Guarantees of the Rights of the Child", "On Combating Trafficking in Human Beings", "On Social Protection of Persons with Disabilities in the Republic of Uzbekistan", "On Guarantees of NGO Activities", "On Charity" and others improving the legal framework for protection.
In summary, in addition to the above-mentioned institutions, the Research Center for Democratization and Liberalization of Judicial Legislation and Ensuring the Independence of the Judiciary under the Supreme Court and the Ministry of Justice, the Prosecutor General's Office, The Ministry of Internal Affairs has effective human rights units and departments. In Uzbekistan, the supremacy of universally recognized principles and norms of international law is recognized on a constitutional basis. Today, our country has consistently fulfilled its international obligations by ratifying more than 70 international human rights instruments, in particular, 10 binding international human rights treaties adopted by the United Nations.
This year, a number of major measures have been taken to ensure the implementation of the State Program "Year of the Healthy Child." Demonstrating Uzbekistan's commitment to democratic change, protection and promotion of human rights in the period of great changes and renewals in our country are among the primary tasks. At the same time, the role of the National Center for Human Rights of the Republic of Uzbekistan among the existing national institutions in our society is invaluable.
In recent years, systematic work has been carried out to strengthen the legal and organizational framework for the protection of human rights, the implementation of international human rights standards and the fulfillment of international obligations, as well as intensify cooperation with international organizations on human rights.
Important steps have been taken to harmonize national legislation with international legal standards in the field of human rights and freedoms. Over the past 3 years, more than 5,000 normative and legal acts aimed at creating a solid legal framework for the implementation of personal, political, economic, social and cultural rights and freedoms of citizens, including 4 new codes, 186 laws, 1209 presidential decrees. At the same time, the lack of a long-term strategy in the field of human rights, the effective implementation of state policy in this area, the formation of respect for human rights and freedoms, much work is being done to further enhance the country's prestige in the international arena.
Today, the norms of more than 80 international instruments in the field of human rights and freedoms ratified by Uzbekistan are reflected in national legislation.
In society, the glorious goal of building a new Uzbekistan together has been formed, and the new idea of "Society - the initiator of reforms" has become the center of daily activities [19]. A new system of ensuring the social and cultural rights of citizens has been established in the country. According to him, the concept of developing the preschool education system, which provides for the coverage of 74.5% of children aged 3-7 by 2025, is being implemented [20]. The 11-year school education system has been restored. In the last three years, 39 new universities have been opened, bringing the total number to 119.
As a result of health care reforms, the population's access to quality health care services has increased. Most importantly, the average life expectancy in the country has increased from 67.2 years in 1990 to 74.6 years in 2018, maternal mortality has more than halved and child mortality has quadrupled.
Based on the principle "Human interests take precedence over everything", Low-income families, people with disabilities (It should be noted that Uzbekistan signed the "Convention on the Rights of Persons with Disabilities [21]" on February 27, 2009, but it has not yet been ratified[22]. According to official statistics, more than 780,000 people with disabilities live in Uzbekistan. According to the data, about 15% of the world's people with disabilities. In many countries, people with disabilities are discriminated against, restricted from public life, their opportunities are not taken into account, and their abilities are underestimated. Today, 180 of the 193 member states of the United Nations. From the CIS countries - Azerbaijan, Armenia, Belarus, Georgia, Turkmenistan, Kyrgyzstan, Moldova, Ukraine, Kazakhstan and the Russian Federation have ratified this international agreement[23]), protection of the rights and legitimate interests of youth, women, adults the work of promoting horses, as well as strengthening the institution of the family, was radically reconsidered.
Two important laws on human rights in the country, adopted on September 2, 2019, "On the protection of women from oppression and violence" and "On guarantees of equal rights and opportunities for women and men" have been highly recognized by the international community. In particular, the fact that the majority of judges are women in ensuring women's right to justice will lead to an increase in the rights and opportunities for women to go to court in the future, along with the implementation of gender equality. Turning to statistics, the number of women working in the Uzbek judiciary is still low. As of October 23, 2018, the total number of judges in Uzbekistan was 1,038, of which 909 were male (87.6%) and 129 were female (12.4%). Gender inequality is particularly pronounced in criminal and administrative courts, where women make up 8% of the total number of judges[24]. Unfortunately, there is no number of women holding high positions in these courts.At the same time, the positive changes include the establishment of 195 social adaptation centers (crisis centers) for women, more than 200 innovation schools to prepare young people for family life, which can be considered a prelude to the concept of strengthening the family.
REFERENCES
1. Karimov I.A. Uzbekistan: national independence, economy, politics, ideology. - T. 1-T.: «Uzbekistan», 1996.364-p.
2. Karimovl.A. May we have a free and prosperous Motherland.-T.2-T.: «Uzbekistan», 1996.380-p.
3. Karimov I.A. The homeland is as sacred as a shrine. - T. 3-T .: «Uzbekistan», 1996.
366-p.
4. Karimov I.A. From the path of creativity. -T. 4 -T .: «O'zbekiston», 1996. 394-p.
5. Karimov I.A. The need for a period of innovative thinking and performance.-T. 5-T .: «Uzbekistan», 1997.384-p
6.Mirziyoev Sh. Ensuring the rule of law and human interests is a guarantee of the country's development and people's well-being. T., "Uzbekistan". 2017.50 p.
7.Mirziyoev Sh. Together we will build a free and prosperous, democratic state of Uzbekistan.T., "Uzbekistan". 2017. 59 pages.
8.Mirziyoev Sh. Critical analysis, strict discipline - discipline and personal responsibility - should be the daily rule of every leader. T., "Uzbekistan". 2017. p.107.
9. A. Saidov, T. Ikramov, Yu. Ahmedov. Constitutional law of the Republic of Uzbekistan. Darislik. Tashkent: 2002.456 p.
10. A.Saidov, A.Sh. Juzjani "EASTERN CIVILIZATION: MAN AND LAW" (past and present). Tashkent "Adolat", 2005.272 p.
11. A.Saidov, F.X. Bakaeva Konstitutsiya Respubliki Uzbekistan i prava cheloveka: ot norm k realizatsii. - T .: Natsionalnyy tsentr Respubliki Uzbekistan po pravam cheloveka, 2010.128 p.
12. A.X. Sattorov. Methodological recommendations for the protection and enforcement of human rights in the investigation system of the Ministry of Internal Affairs of the Republic of Uzbekistan. T - 2002. 40 p. 7.
13.Anosova O. Universal Declaration of Human Rights. - T., 1998. 48 p.
14.Ismoilov Z. M., Human rights and modern jurisprudence / Otv. Red. A.X. Saidov -
T .: "Science and technology", 2008,148 p.
15. Convention on the protection of human rights and fundamental freedoms / Sost .: V.B. Isakov (ruk.), P.A. Laptev, O.V. Mitin, S.V. Chernichenko. - M .: Yurayt. 1999.192 p.
16.Baderin M.A. International Human Rights and Islamic Law. Oxford: Oxford University Press, 2003. P. 23-24
17. Jayawic Kagata N. Hong Kong and the international protection of human rights // Human Rights in Hong Kong, 1992. P. 160.
18. Kushokov S.Yu. Pages 2019.80-88
19. Decree of the President of the Republic of Uzbekistan dated 22.06.2020 Decree No. PF-6012 "On approval of the National Strategy of the Republic of Uzbekistan on human rights"
20. The concept of development of preschool education of the Republic of Uzbekistan till 2030 (appendix 1 to the resolution of the President of the Republic of Uzbekistan from 08.05.2019 of No. PP-4312)
21. "Convention on the rights of persons with disabilities" On the official UN website: http://www.un.org/ru/rights/disabilities/about ability/inbrief.shtml
22. OON General Assembly. Council on human rights 44 sessions 15 June-3 July 2020g. GE.20-05807. Item 3. "Protection and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development".
23. UN Office in Uzbekistan 04-12-2019, http://www.un.uz/uzb/news/display/361
24. Organization of economic cooperation and development, "Anti-corruption reforms in Uzbekistan", p. 101 www.oecd.org.
