Abstract
The Chapter opens with emphasis that Russia believes fundamental rights to be universal, as recognized in the international law instruments, and takes a similar approach as to the human rights protection issues as the vast majority of human rights protection issues.
It goes on to examine a number of issues and problem areas closely tied with the concept of universality of human rights in order to give an overview of important components of Russia’s approach thereto. These issues include universal nature of fundamental rights, evolution of rights and their interpretation in the light of changing conditions of life and obligations of the states – concepts of positive and negative obligations, correlation between human rights and values. It explains Russia’s approach to humanitarian intervention, its understanding of the “double standards” notion and discusses a myth of conflict of values between Russia and the West.
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Notes
- 1.
Inter-American Court H.R., Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17, paras. 87 and 91, Committee on the Rights of the Child, General Comment N° 8, The right of the child to protection against bodily punishment and other forms of cruel and degrading punishment, CRC/C/GC/8, August 21, 2006, 24.
- 2.
Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 005, 4.XI.1950), European Cultural Convention (ETS No. 018, 19.XII.1954), European Convention on Extradition (ETS No. 24, 13.XII.1957), European Convention on Mutual Assistance in Criminal Matters (ETS No. 30, 20.IV.1959), European Convention on Academic Recognition of University Qualifications (ETS No. 32, 14.XII.1959), Convention on Suppression of Terrorism (ETS No. 90, 27.I.1977) and Convention on the Prevention of Terrorism (CETS No. 196,16.V.2005), Convention on Transfer of Sentenced Persons (ETS No. 112, 21.III.1983), European Convention for the Prevention of Torture and Inhuman and Degrading Treatment and Punishment (ETS No. 126, 26.XI.1987), Framework Convention for the protection of Minorities (ETS No. 157, 1.II.1995) and European Social Charter (ETS No. 163, 3.V.1996). As far as the Interlaken declaration the citation could be: High Level Conference on the Future of the European Court of Human Rights, Interlaken Declaration, 19 February 2010. The recommended citation for the Annual report of the European Court of Human Rights, that could be found on official site is: Annual Report 2009 of the European Court of Human Rights, Council of Europe. As far as the General Comments is concerned it was reissued and the correct citation would be then: Committee on the Rights of the Child, General Comment N° 8 (2006), The right of the child to protection against bodily punishment and other forms of cruel and degrading punishment, CRC/C/GC/8, CRC/C/GC/8, 2 March 2007, para. 24.
- 3.
PACE Opinion 193(1996) of 25 January 1996.
- 4.
Interlaken Declaration, High Level Conference on the Future of the European Court of Human Rights, 19 February 2010.
- 5.
European Court of Human Rights, Annual Report 2009.
References
Committee on the Rights of the Child, General Comment N° 8, The right of the child to protection against bodily punishment and other forms of cruel and degrading punishment, CRC/C/GC/8, August 21, 2006, para 24.
Convention for the Protection of Human Rights and Fundamental Freedoms.
Convention on Transfer of Sentenced Persons.
Conventions on Suppression of Terrorism and on the Prevention of Terrorism.
European Convention for the Prevention of Torture and Inhuman and Degrading Treatment and Punishment.
European Conventions on Extradition, Mutual Assistance in Criminal Matters, Academic Recognition of University Qualifications.
European Court of Human Rights, Annual Report 2009.
European Cultural Convention.
European Social Charter.
Framework Convention for the protection of Minorities.
Interlaken Declaration.
Inter-American Court H.R., Juridical Condition and Human Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A No. 17, paras 87 and 91.
Kosachev, K. 2007. Russia and the West: Where the differences lie. Russia in Global Affairs, No 4 October-December 2007. http://eng.globalaffairs.ru/number/n_9777
Lavrov, S. 2008. The future of European cooperation: A view from Moscow. UNECE Discussion Paper 2008.3. August 2008. http://www.unece.org/oes/disc_papers/ECE_DP_2008-3.pdf
PACE Opinion 193(1996) of 25 January 1996.
Petro, N. 2006. Russia is part of the West. Honest. Asia Times Online, Speaking Freely, June 8, 2006. http://www.atimes.com/atimes/Central_Asia/HF08Ag01.html
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Trenina, D., Entin, M. (2013). Russia’s Approach to the Universality of Human Rights. In: Arnold, R. (eds) The Universalism of Human Rights. Ius Gentium: Comparative Perspectives on Law and Justice, vol 16. Springer, Dordrecht. https://doi.org/10.1007/978-94-007-4510-0_10
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