Ways to Improve Legal Mechanisms' Efficiency in Protecting Human Rights and Freedom

Abstract

Objective: The purpose of this article is to investigate the results of the operation of the main legal mechanisms for the provision and protection of human rights and freedoms, and, based on the results obtained, to formulate possible ways to increase the efficiency of these mechanisms.

Theoretical framework: As the main branches of the legal system, human rights and freedom have been troubling the minds of our scientists since ancient times. Famous scholars devoted their works to studying and explaining these issues, for example, S. Montesquieu, T. Jefferson, I. Kant, J. J. Rousseau, Spinoza, G. Grotius, D. Locke, and others. They made a great contribution to researching the issues of human rights in general.

In their research, the authors used articles, textbooks and monographs of scientists who previously conducted extensive research on this topic. In particular, the work of such scholars in the field of human rights as S.S. Alekseev, D.D. Nevrik, E.M. Solovyova, G.P. Luparev, E.K. Nurpeisov, E.A. Anufriev, A.G. Berezhnov, L.D. Voevodin, N.V. Vitruk, V.A. Kartashkin, S.A. Komarov, V.A. Kuchinsky, V.M. Kuritsyn, E.A. Lukasheva, A.Ya. Azarov, N.I. Matuzov, G.V. Maltsev, V.S. Nersesyants, V.A. Patyulin, V.M. Chikhvadze and B.S. Ebzeev were studied. Kazakh scientists who have covered the aspects of human rights in their research include: Zh. D. Busurmanov, G. K. Iskakova, E. K. Nurpeisov, S. Zhursimbaev, A. S. Ibraeva and V. V. Mamonov.

Method: In this study, special attention is paid, first of all, to the study and analysis of the effectiveness of the main legal mechanisms operating in the world to ensure the protection of human rights and freedoms. Through understanding the performance evaluation of these mechanisms, I tried to achieve the goal of the study. Due to the limited volume, this article focuses only on the main and widely used mechanisms in the field of ensuring and protecting human rights.

To achieve this goal and to substantiate the research results, the norms of the general theory of law and special practical methods of cognition used in legal science were applied.

In the course of the research, the following methods of scientific knowledge were used: dialectical, comparative legal, formal logical, dialectical and the method of systemic structural analysis.

Results and conclusion: It can be expected that when determining further prospects for increasing the effectiveness of international institutional and legal mechanisms in the field of human rights protection, directly from the state, the following should be done:

• raising public awareness and transparency in the activities of public authorities;
• reporting of the state under the UPR on the work done, in accordance with the actual quantitative and qualitative indicators;
• creation of systems for monitoring and evaluating the actions of states at the national, regional and international levels;
• close cooperation between the government and human rights organizations;
• ensuring the independence of judges from the authorities;
• observance of budget financing of programs for the realization of human rights, taking into account the obligations assumed before international bodies;
• in the context of the pandemic caused by the COVID-19 virus, the government should adopt such sanitary standards as will be necessary for the most vulnerable members of society.

Originality and value: The article examines the existing legal mechanisms of international, regional and national organizations that protect human rights and freedom, and offers recommendations to improve the effectiveness of these mechanisms. This study shows that the main responsibility for the observance and protection of human rights lies with the state itself. A condition for the observance of an individual's human rights and freedoms is the existence of the duties of other citizens and the state, which are established through legislation. The article reveals that it is to strengthen the coordination of activities and interaction between the authorized state bodies, as well as to combine, if necessary, the "special" powers of these bodies in order to increase the responsibility of the state for ensuring the rights and freedom of citizens. At the same time, many legal mechanisms for the implementation of human rights in the modern world are not entirely effective and require special attention from the state and academic research. Examples of these important rights include gender equality between women and men; the human right to personal data in the digital world; the rights of national and non-traditional minority groups; the right to religion in African countries.