International cooperation in the sphere of human rights declarations, conventions, covenants, acts of international conferences. 


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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 Organization The 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.



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