Human rights situation and protection. Uno activity

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However, there is an important requirement: the Committee considers such complaint only when all national opportunities of legal protection were used. So in Ukraine the person should address for the protection rights to court and only after the decision of the national court, and in case of the appeal after the decisions of supreme judicial instances, it is possible to refer to the Human Rights Committee.

The Committee considers received complaints and offers the countries to give an explanation. After confidential consideration of the case and explanations or applications of the countries the Committee notifies the interested person and country on which complaint was sent on the consequences of discussion.

Till March of 1991 the Committee considered 445 messages of persons concerning 33 countries. In 119 cases the Commitee has published conclusions and has established 93 facts of abuse of human rights. The considered international procedure influences maintenance of civil and political rights. In the connection with participation of Ukraine in the Optional Protocol and availability of difficult cases of abuse of human rights on the territory of our country, where, as it frequently happens, national ways of legal protection are exhausted, there is a good idea to give an address of Human Rights Committee. Other Committees are situated there too. This address should be written in English: The Human Rights Commitee c/o the Centre of Human Rights, United Nations Office 8-14 avenue de la Paix 1211 Geneva 10, Switzerland. In the message it should be indicated, that it is posted according to the Optional Protocol to the International Pact on Civil and Political Rights. There must be the information about the author of the message (surname, name, nationality, profession, date and the birthplace, address). The author should indicate the member country - infriger, which article of the pact was infringed and which national ways of legal protection were used. Then there must be indicated which abuse of human right this letter is and the date. In the end there should be a signature of the author of the message.

By the decision of the General Assembly of UNO it is also provided, that all the members of the Organization should grant reports about realization of civil, political, social and economic rights. These reports are discussed at meetings of the Commission on Human Rights. When the members of the Commission have questions or need new materials they address the appropriate country. The Human Rights Committee uses only materials given by the state.

After the discussion of the report ther Human Rights Committee will promulgate general remarks. And after this influence of UNO on country - infringer of rights is limited. The practice of UNO proves, that this influence is unsufficient. Such countries as Iran, Iraq, Afghanistan, Somali, Ruande, where there are rough infringements of human rights, do not react to the remark of the Committee. Therefore already there is a question of introduction of measures in a UNO gear, which would influence the activity of the countries and notify or terminate infringements of human rights.

In 1993 the General Assembly of UNO adopted the decision to introduce a new post - Supreme Commissioner of UNO on Human Rights. This official should monitor observance of human rights worldwide and using present gears of UNO render influence the countries, in order to achieve observance of human rights and freedoms. Yet there is no experience of work of this new chain of the gear of UNO in protection of human rights. But the experience of regional conventions on human rights testifies that it is necessary to add to the UNO gear one more important part - International Human Rights Court. In modern conditions it could execute protection of rights and freedoms of the person worldwide in judicial order. This body could consider complaints of persons on infringement of human rights. Now such complaints without any consequences are considered by the Human Rights Committee. And the International Human Rights Court could bear compulsory decisions, fulfillment of which Security Council of UNO would guarantee. It's clear, that the consent to the compulsory jurisdictions of such court countries should give in the appropriate international document.

The International Court of UNO acting today considers exclusively complaints of countries at the infringement of international agreements by other countries. It concerns conventions on human rights. Ukraine has admitted the compulsory jurisdiction of the International Court of UNO concerning complaints at infringements of human rights. Any complaint at the infringement of the international conventions on human rights will be taken to consideration in the International Court of UNO. Concerning other conventions, at availability of the complaint of certain country on Ukraine, consent of our country to consideration in the International Court is necessary. Such position of Ukraine testifies its relation to human rights and its diligence to use completely the acting gear of UNO for protection of human rights.

There is one important task facing Ukraine - to enter the political and legal space, created in Europe. The European Council did large work and has created more than 140 conventions on human rights. Participation of the majority of the countries of Wstern Europe in these conventions caused the unification of their legislation on human rights and has given an opportunity to increase the level of realization of human rights and freedoms.


July 16, 1990 Supreme Council of Ukraine has ratified the Declaration of the State Independence of Ukraine, which has proclaimed "the state independence of Ukraine is priority, independence, completeness and unity of the authority of the Republic in its territorial borders and independence and equality in external relations". In the Declaration there was stressed the equality of all citizens of the republic irrespective of origin, social and property status, race and nationality, sex, education, language, political sights and religion, profession, place of residing and other circumstances.

December 25, 1991 Ukraine has joined the Optional Protocol and International Pact on Civil and Political Rights.

But, unfortunately, having ratified these important international agreements, Ukraine its own internal legislation has not been put in conformity with the named agreements.

For example in Section of the International Pact on Civil and Political Rights it is said, that the person has the right to life, which is protected by the law. But in our state capital punishment is still used. This kind of punishment is preserved in the the new Criminal code draft.

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