There are many significant dates worthy of attention in the history of mankind. One of the most important is connected with the proclamation of the Universal Declaration of Human Rights by the UN General Assembly on December 10, 1948. Despite the fact that the declaration is not a legal document, its fundamental principles, rights and freedoms, recognized as inalienable rights for every person, are reflected in the national legislation of countries that have acceded to this international document.

It is noteworthy that Uzbekistan joined the Universal Declaration of Human Rights in September 1991, the year of gaining its state independence. 

Human rights protection issues are also of priority importance in the framework of international cooperation in this area.  In October 2020, Uzbekistan became a member of the Human Rights Council, an authoritative intergovernmental body of the UN system designed to ensure the protection of human rights around the world. In 2020, the National Strategy of the Republic of Uzbekistan on Human Rights was adopted, aimed at protecting personal, political, economic, social and cultural rights in the field of sustainable development. The improvement of mechanisms for the implementation of international human rights standards in legislation and law enforcement practice is also a priority. The trends of the modern constitutional development of Uzbekistan include the restructuring of the model of constitutional and legal regulation of the relationship between the individual, society and the state, the orientation of the Constitution on humanistic values; the consolidation of new characteristics of the state in it and not only. In the context of the transformation of the relationship between citizens and the state, the need for constitutional consolidation of the right of citizens to compensation by the state for damage caused by illegal actions (inaction) of state authorities and their officials is becoming particularly relevant. After all, it was during the large-scale political and socio-economic reforms carried out in Uzbekistan that problems in the sphere of real ensuring the rights, freedoms and legitimate interests of citizens were revealed. The change of the previously existing paradigm of "state - society - man" to a new one: "man - society - state", its consolidation in constitutional legislation and constitutional practice are identified as one of the priorities of the constitutional reform initiated by the leader of the country.

The norms of the new edition of the Basic Law are primarily aimed at building a New Uzbekistan, where guarantees for the protection of human rights and dignity, social protection and economic well-being are enshrined. Among the most important innovations in the Constitution are the prohibition of the death penalty, the application of the Miranda rule, guarantees of the rights of the suspect, the accused or the defendant, the reflection of the institution of Habeas Corpus and others. It should be noted that the Republic has made progress in ensuring gender equality, reducing the number of stateless persons, eliminating child and forced labor, developing civil society institutions and ensuring freedom of speech. For example, the key guarantees of the rights and legitimate interests of the suspect, the accused and the defendant, enshrined in the current criminal procedure legislation in relation to the stage of inquiry, preliminary investigation and trial. Also, state bodies and officials responsible for criminal proceedings are assigned additional tasks and responsibilities. 

The institutions of the Ombudsman (the Commissioner of the Oliy Majlis of the Republic of Uzbekistan for Human Rights), the Commissioner of the Oliy Majlis for the Rights of the Child (the Children's Ombudsman), the Commissioner under the President of the Republic of Uzbekistan for the Protection of the rights and legitimate interests of business entities (the Business Ombudsman) and not only have been established in Uzbekistan.

The new version of the Constitution enshrines generally recognized international norms, which are further developed and specified in sectoral legislation: civil, labor, family, criminal and other codes. 

In our country, there is an intensive process of bringing legislation into the system: updating it on fundamentally different principles, designed to promote the development of a market economy, the formation of civil society, the formation and strengthening of a legal and social state. It can be said that Uzbekistan, which has become a full member of the international community, has broad prospects in the field of lawmaking and human rights protection. One of the main objects of state attention is the problem of the inclusion of international standards in the sphere of national legislation. In this regard, the country has made significant progress.

The provision of the declaration that the family is the basic unit of society and has the right to protection by society and the State is contained in the first part of article 76 of the Constitution in a new edition, as well as the fundamental norm of the Family Code of the Republic of Uzbekistan. The provision of the declaration that motherhood and infancy have the right to special care, and all children born in or out of wedlock should enjoy the same social protection, is also enshrined in our Constitution. The Basic Law of the Republic defines: "Children are equal before the law regardless of their parents' origin and civil status." Motherhood, fatherhood and childhood are also protected by the State. The Law of the Republic of Uzbekistan "On Guarantees of the Rights of the Child" is a normative legal act, first adopted in the field of children's rights and entered into force on January 8, 2008. Its legal basis is the Convention on the Rights of the Child of 1989, adopted by Member States of the international community.

One of the provisions of the Universal Declaration of Human Rights states: "Marriage can be concluded only with the free and full consent of both parties entering into marriage." The principles of freedom and voluntary marriage are also enshrined in our Constitution and have been concretized in legislation. The declaration established majority as one of the conditions for marriage, and this provision is reflected in the Family Code of the country.

Article 7 of the Declaration proclaims: all people are equal before the law and have the right, without any distinction, to equal protection of the law.  This means that both the provisions of this document as norms of international law and the national laws of the State are the same for everyone, everyone is equal before them without any distinction: race, nationality, gender, language, religious, political and other beliefs, social origin, property, official or other status. Everyone is given the same right to protect their interests, including the right to judicial protection. 

Article 8 of the Universal Declaration of Human Rights states: "Everyone has the right to an effective restoration of his rights by the competent national courts in cases of violation of his fundamental rights granted to him by the Constitution and the law." These norms fully comply with article 55 of the Constitution of Uzbekistan.

The right to judicial protection of interests is more concretized in paragraph 4 of Article 9 of the International Covenant on Civil and Political Rights, adopted by the UN General Assembly on December 16, 1966: "Everyone who is deprived of liberty as a result of arrest or detention has the right to have his case heard in court so that this court can immediately rule on the legality of his detention and order his release if the detention is illegal." Since the norms of international law are included in the system of legislation of the Republic of Uzbekistan and the Constitution, their authority is recognized, the right to protect one's interests deserves broad and comprehensive support.

As you know, since the adoption of the Universal Declaration of Human Rights, the UN has constantly appealed to the governments of states to inform the public about human rights, to distribute the texts of international documents in educational institutions. 

The Helsinki Process recognizes that human rights education is of fundamental importance. And it is extremely important that citizens are educated about human rights and fundamental freedoms enshrined in national legislation and international documents.

The promotion of human rights, which is characteristic of State policy in our country, has been put into practice in the decision to introduce the subject "Human rights" into the curriculum of various educational institutions. The increasing interest in these issues, their relevance, and the need for wide dissemination of knowledge on this topic attach particular importance to the training of personnel who could be successfully employed in this field.

The provisions of the declaration are designed to ensure the interests of a person, because the document succinctly and clearly reflects, concentrates all fundamental rights and freedoms. Therefore, everyone should know the provisions of the declaration, use them to live with dignity. It is the free development of a person, his self-determination, awareness of the importance of universal values that is the key to the successful construction of civil society, and hence the further prosperity of the state.

 

Omon Mukhamedzhanov.

Professor of TSYUU, Doctor of Law.