- •37) Regional cooperation on human rights issues.
- •51) International cooperation in the sphere of human rights declarations, conventions, covenants, acts of international conferences.
- •59) United Nations activities in the field of human rights protection. The value of the un Charter for the modern human rights.
- •60) General characteristics of the major un treaties on human rights
- •76) American Convention on Human Rights.
- •80) The European Convention for the Protection of Human Rights and Fundamental Freedoms - the founding document of the Council of Europe.
- •81) The fundamental rights proclaimed by the European Convention on Human Rights. Handling the Strasbourg Court of Human Rights, as contained in the European Convention on Human Rights.
- •82) The European Court of Human Rights. Structure.
- •Inter-state cases
- •84) Subjects of the right to appeal to the European Court of Human Rights.
- •83) Inter-state and individual complaints to the European Court of Human Rights.
- •85) Conditions for admissibility of complaints to the European Court of Human Rights.
- •86) The concept and the legal status of refugee. The United Nations Convention relating to the Status of Refugees 1951
- •87) Fields of Migration Policy of the Republic of Kazakhstan. Law "On Migration" in 1992 and "Rules of stay of foreign citizens in the Republic of Kazakhstan."
- •88) The concept and the legal status of migrant and displaced persons.
- •96) Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities
51) International cooperation in the sphere of human rights declarations, conventions, covenants, acts of international conferences.
Relations with other states are governed by the principles of equality, equity, reciprocity, cooperation, respect, and the self-determination of nations.International cooperation among states in criminal matters takes place on the basis of bilateral and multilateral agreements signed with various countries, and, in their absence, are governed by the principles of voluntarity.
The international agreements and joint declarations provide international legal legitimation, making it possible to call on other states to respect and protect human rights to jointly develop measures to improve the human rights situation. This is done partly through international enforcement mechanisms such as formal procedures for reporting, visits and complaints. It is also handled through adequate multilateral or bilateral cooperation measures that are internationally coordinated. The human rights based approach has been in existence since around 1995, and evolved from the “rights base This involves ensuring that human rights are not only respected but also guaranteed at international and national level, taking into account the approaches of the partner countries themselves and their own responsibilities. T d approach” of the Human Rights Council. declaration ordinarily refers to a judgment of the court or an award of an arbitration tribunal is a binding adjudication of the rights or other legal relations of the parties which does not provide for or order enforcement.
52) The legal status of the individual in the international system of human rights protection.
The human rights and freedoms that are constitutionally affirmed and holistically summarized form the basis of the legal status of an individual. Being a citizen means to be ready legally, ethically and politically to meet civic obligations, exercise corresponding rights and freedoms and to have a legitimate right to get the state guarantee and protection of those rights. If human rights are the point of departure, i.e. they are universal for all humans regardless the fact whether they are citizens of the state where they live or not, the rights of the citizen include only those rights that are affirmed by his/her citizenship to the corresponding state. Consequently, “the citizen of this or that state has all those rights that refer to the universally accepted human rights, as well as the rights affirmed by the state of which that individual is a citizen. The non-citizen has only rights of the first category.” Thus, this “discrimination” is permitted by the international public and is explained by the legitimate wish of each state to offer a complex of rights to those individuals who are firmly connected to the fate of the state and have full constitutional obligations” . . All the modern democratic states do not only recognize the human and citizen rights in their constitutions, but also directly note the significance of their guaranteed implementation and emphasize the role of the state in the process of protecting those rights. In this regard, it is important to point out that the concept of “individual’s legal status” is more comprehensive, than the concept of “individual’s constitutional status”. In legal studies an approach is accepted which states that the constitutional rights, freedoms and obligations of a human and a citizen are the core of overall legal status of an individual.
53) The Constitution of the Republic of Kazakhstan on the international obligations of Kazakhstan.
The Constitution of the Republic of Kazakhstan is the highest law of Kazakhstan, as stated in Article 4. The Constitution was approved by referendum on 30 August 1995.[1]
Preamble
The preamble of the constitution emphasizes the importance of "freedom, equality and concord" and Kazakhstan's role in the international community.[1]
Section 1, General Provisions
Article 1
Article 1 establishes the state as a secular democracy that values individual "life, rights and freedoms." It outlines social and "political stability, economic development," patriotism, and democracy as the principles upon which the Government serves. This is the first article in which the Parliament is mentioned.[1]
Article 2
Article 2 states that Kazakhstan is a unitary state and the government is presidential. The government has jurisdiction over, and is responsible for, all territory in Kazakhstan. Regional, political divisions, including location of the capital, are left open to lower level legislation. "Republic of Kazakhstan" and "Kazakhstan" are considered one and the same.[1]
Article 3
The government's power is derived from the people and citizens have the right to vote in referendums and free elections. Article 3 establishes provincial government. Representation of the people is a right reserved to the executive and legislative branches. The government is divided between the executive, legislative, and judicial branches. Each branch is prevented from abusing its power by a system of checks and balances. This is the first article to mention constitutional limits on the executive branch.[1]
Article 4
Laws that are in effect include "provisions of the Constitution, the laws corresponding to it, other regulatory legal acts, international treaty and other commitments of the Republic as well as regulatory resolutions of Constitutional Council and the Supreme Court of the Republic.
54)Major international organizations and bodies concerned with the protection of human rights.
Many organizations around the world dedicate their efforts to the protection of human rights and bringing an end to human rights abuses. Major human rights organizations document violations and call for remedial action, both at a governmental and grass-roots level. Public support and condemnation of abuses is important to success, as human rights organizations are most effective when their calls for reform are backed by strong public advocacy. Nongovernmental organizations (NGOs) have played a primary role in focusing the international community on human rights issues.NGOs monitor the actions of governments and pressure them to act according to human rights principles
ILO - International Labour OrganizationThe ILO conventions cover diverse fields of Human Rights, such as for instance questions regarding the freedom of association, child work or the rights of indigenous peoples.
IOM - International Organization for Migration
International Migration Law Database
Council of Europe
European Court of Human Rights
European Committee for the prevention of torture
European Commission against racism and intolerance
UNFPA - United Nations Population Fund
Protecting Human Rights
UNICEF - United Nations Children's Fund
UN Women - United Nations Entity for Gender Equality and the Empowerment of Women
Working with the OHCHR - A Handbook for NGOs
55) International governmental organizations.
An intergovernmental organization (in most Commonwealth countries, usually intergovernmental organisation), sometimes rendered as an international governmental organizationand both abbreviated as IGO, is an organization composed primarily of sovereign states (referred to as member states), or of other intergovernmental organizations. Intergovernmental organizations are often called international organizations, although that term may also include international nongovernmental organization such as international nonprofit organizations ormultinational corporations.
Intergovernmental organizations are an important aspect of public international law. IGOs are established by treaty that acts as a charter creating the group. Treaties are formed when lawful representatives (governments) of several states go through a ratification process, providing the IGO with an international legal personality.
Intergovernmental organizations in a legal sense should be distinguished from simple groupings or coalitions of states, such as the G8 or the Quartet. Such groups or associations have not been founded by a constituent document and exist only as task groups.
Intergovernmental organizations must also be distinguished from treaties. Many treaties (such as the North American Free Trade Agreement, or the General Agreement on Tariffs and Trade before the establishment of the World Trade Organization) do not establish an organization and instead rely purely on the parties for their administration becoming legally recognized as an ad hoccommission. Other treaties have established an administrative apparatus which was not deemed to have been granted international legal personality
56) The main powers of international governmental organization in the field of human rights protection.
Intergovernmental organizations differ in function, membership and membership criteria. They have various goals and scopes, often outlined in the treaty or charter. Some IGOs developed to fulfill a need for a neutral forum for debate or negotiation to resolve disputes. Others developed to carry out mutual interests with unified aims to preserve peace through conflict resolution and betterinternational relations, promote international cooperation on matters such as environmental protection, to promote human rights, to promote social development (education, health care), to render humanitarian aid, and to economic development. Some are more general in scope (the United Nations) while others may have subject-specific missions (such as Interpol or the International Organization for Standardization and other standards organizations). Common types include:
Worldwide or global organizations - generally open to nations worldwide as long as certain criteria are met. This category includes the United Nations (UN) and its specialized agencies, theUniversal Postal Union, Interpol, the World Trade Organization (WTO), the World Customs Organization (WCO), World Nature Organization (WNO), and the International Monetary Fund (IMF).
Regional organizations - open to members from a particular region or continent of the world. This category includes the Council of Europe (CoE), European Union (EU), NATO, Organization for Security and Co-operation in Europe, African Union (AU), Organization of American States (OAS), Association of Southeast Asian Nations (ASEAN), Arab League, and Union of South American Nations.
Cultural, linguistic, ethnic, religious, or historical organizations - open to members based on some cultural, linguistic, ethnic, religious, or historical link. Examples include the Commonwealth of Nations, Organisation internationale de la Francophonie, Community of Portuguese Language Countries, Latin Union, Turkic Council, International Organization of Turkic Culture, orOrganisation of Islamic Cooperation
Economic organizations - based on economic organization. Some are dedicated to free trade, the reduction of trade barriers (the World Trade Organization) and International Monetary Fund. Others are focused on international development. International cartels, such as OPEC, also exist. The Organisation for Economic Co-operation and Development was founded as an economics-focused organization. An example of a recently formed economic IGO is the Bank of the South.
Educational organizations - centered around tertiary level study. Academy of European Law offers training in European law to lawyers, judges, barristers, solicitors, in-house counsel and academics. EUCLID (university) chartered as a university and umbrella organization dedicated to sustainable development in signatory countries and United Nations University efforts to resolve the pressing global problems that are the concern of the United Nations, its Peoples and Member States.
57) International non-governmental organization in the field of international protection of human rights: the species, the scope of activities.
NGOs perform a great variety of functions depending on the purpose for which they were established . Human rights NGOs apply various strategies in their work towards achieving compliance with international human rights standards . Some NGOs may concentrate on a particular activity, such as standard-setting, promotion or technical assistance, while others may combine several of these activities in their programmes An important aspect of NGO activities is their involvement in the law-making processs . Several NGOs, among them the International Council of Women, played a considerable role in the drafting of certain articles of the Universal Declaration of Human Rights (UDHR) and their corresponding provisions in the 1966 Covenants on Civil and Political Rights (ICCPR) and on Economic, Social and Cultural Rights (ICESCR)NGOs, moreover, contribute to the introduction of domestic laws and the creation of legal systems for the protection of human rights . as a result of the efforts of several NGOs, including the association of african Women in Research and Development.Human rights NGOs fulfil several important tasks in regard to the observation and implementation of existing international law standards . this constitutes the main area of activity for most NGOs . the second World Conference on Human Rights, held in 1993, recognised in the Vienna Declaration and Programme of action (1:3) the important role of NGOs active in the field of human rights and/or development in the protection and promotion of all human rights and fundamental freedoms at national, regional and universal levels of human rights promotion.
58) Universal international treaties and conventions on human rights and fundamental freedoms. General characteristics.
Since the Universal Declaration of Human Rights was adopted in 1948, the United Nations has created a differentiated set of instruments for the purpose of protecting international human rights through a number of conventions. In contrast to the Universal Declaration of Human Rights, the UN Conventions are binding on the states parties and oblige them to comply with human rights standards. The most important UN human rights conventions have established committees to monitor compliance with their provisions. In addition, there is a procedure for obligatory reports by states parties. By ratifying a convention, each state undertakes to submit regular reports to the committee concerned on its implementation of that convention’s provisions. The committee examines the reports and makes recommendations. The 9 most important UN human rights conventions are the:
International Covenant on Economic, Social and Cultural Rights of 16 December 1966 (UN Covenant I)
International Covenant on Civil and Political Rights of 16 December 1966 (UN Covenant II)
International Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965 (CERD)
Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979 (CEDAW)
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 10 December 1984 (CAT)
Convention on the Rights of the Child of 20 November 1989 (CRC)
International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families of 18 December 1990 (ICRMW)
Convention on the Rights of Persons with Disabilities (CRPD)
International Convention for the Protection of All Persons from Enforced Disappearance (CPED)
