INTERNATIONAL STANDARDS FOR THE PROTECTION OF POLITICAL HUMAN RIGHTS: DEFINITION, STRENGTHENING AND PROTECTION

Abstract

Introduction. Political human rights are an integral part of a democratic system and provide the opportunity for each person to participate in the formation of state power, control over its activities and protect their own interests. Their study is especially relevant in the context of the spread of authoritarian tendencies in some countries, restrictions on freedom of speech, participation in the management of state affairs; armed conflicts and crises that threaten the basic political rights of citizens, such as the right to vote, the right to freedom of assembly, etc.; the digitalization of politics, which creates new challenges (censorship on the Internet, cyberattacks to influence elections); the need for effective implementation of international standards, in particular the International Covenant on Civil and Political Rights of 1966 and the European Convention on Human Rights of 1950.

Summary of the main research findings. Political human rights are a set of rights that provide an individual with the opportunity to participate in the political life of society and the state. They directly affect the ability of an individual to exercise their other rights and freedoms, therefore their protection is of fundamental importance for the stability and development of the legal systems of modern states. Fundamental political rights include: the right to participate in the management of state affairs (personally or through representatives), which is enshrined in Article 25 of the ICCPR; the right to vote and to be elected; the right to freedom of thought, conscience and religion - Article 18 of the ICCPR; the right to freedom of expression - Article 19 of the ICCPR, Article 10 of the ECHR; the right to freedom of peaceful assembly and association - Articles 21, 22 of the ICCPR, Article 11 of the ECHR; the right to access information; the right to appeal to state authorities. These rights are fundamental and in many cases have a status close to the norms of jus cogens (peremptory norms of international law). That is why they have extensive protection systems at both the national and international levels. The national level can be briefly represented by constitutional guarantees (for example, the Constitution of Ukraine, Chapter II “Rights, Freedoms and Duties of Man and Citizen”), the system of judicial protection (courts of general jurisdiction and specialized courts), the institution of Ombudsmen (human rights commissioners), the work of election commissions and administrative control bodies, etc. This publication pays special attention to the evolution of the system of international protection of political human rights. In particular, at the global level within the UN system, this is the Human Rights Committee, whose competence includes the consideration of individual complaints under the Optional Protocol to the ICCPR. At the regional level, for example, in the Council of Europe system, this is the European Court of Human Rights (ECHR), which considers complaints about violations of political rights under the European Convention. The OSCE system includes the Office for Democratic Institutions and Human Rights (ODIHR), whose competence includes election observation and democracy support, etc.

Conclusion. The conclusions emphasize the presence of significant challenges facing the system of protection of political rights, and their study is especially relevant in the context of transformational processes in the world - from the change of political regimes to the challenges of the digital age. Ensuring effective mechanisms for their protection at the national and international levels remains a key condition for the establishment of democratic values, the rule of law and sustainable development of society.