Constitutional and international remedy for the protection of human rights

Abstract

The article is devoted to the study of the means of protecting human rights, their effectiveness and implementation in practice. After all, the protection of human rights from ancient times to the present remains a relevant topic for research. Violation and non-compliance with existing means of protecting human rights is a consequence of a contemptuous attitude towards it, which becomes the cause of many conflicts. Nowadays the implementation of the protection of human rights is the main and urgent problem. The state has provided a set of means for protecting human rights and freedoms.

Means of protecting human rights and their effectiveness are a manifestation of how the state treats its citizens, whether it is able to protect them and guarantee the right to life, freedom, security and other rights provided for by the Constitution of Ukraine. This is one of the key issues that require research and improvement. After all, one of the main features of a legal state is the observance of human and civil rights, and ensuring their development.

The purpose of the article is to study constitutional and international means of protecting human rights, which makes it possible to determine their effectiveness, improve and create new ones, taking into account the experience of European states. It is necessary to investigate the effectiveness of international human rights remedies, in particular the European Court of Human Rights (hereinafter - the ECHR), and whether the Convention for the Protection of Human Rights and Fundamental Freedoms (hereinafter - the Convention) of 17 July 1997 [1], which was implemented by Ukraine, is an international remedy for the protection of human rights and freedoms implemented at the national level. Review of means of protecting human rights at the national and international levels; analyze constitutional means provided for by the legislation of Ukraine, as well as international instruments for protecting human rights. Establish the correlation between the constitutional and European procedure for enforcing court decisions as a means of implementing and protecting human rights.

The following methods of research on the topic are used in the article:

Empirical - in particular, the decisions of the ECHR are analyzed;

Formal-logical - the concepts of legal terms, norms, etc. are defined;

Comparative-legal - comparison of national and international means of protecting human rights, enforcement of court decisions at the national and international levels.

The article presents the results of the study and draws conclusions, in particular, regarding the effectiveness of constitutional means of human rights protection and their application in practice. The author analyses the statistics and results of applications to the ECHR as the main instrument of international human rights protection. The results of applications of Ukrainian citizens to the ECHR to protect their rights and freedoms are determined. The procedure for enforcement of court judgments under national and European legislation as a means of realisation and protection of violated human rights is determined. The author concludes that it is necessary to improve the national system of human rights protection.