The relevance of the Presidential decree "On approval of the National Human Rights Education Program in the Republic of Uzbekistan" dated February 7, 2023 is due to the theoretical and practical significance of issues related to ensuring human rights and freedoms in the New Uzbekistan.
The use by the state of the fundamental rights and freedoms of the individual serves as the most striking guarantor of the state and level of development of civil society and legal statehood.
The struggle for human dignity and a free personality goes back to the very origins of human civilization. For example, the ruler Ismail Samani put Bukhara in order, and then made it the capital of his emirate. The exemption of Bukharans from paying taxes levied for the repair of city walls is the most obvious example of the prudent and attentive decisions of the emir.
Amir Temur's slogan "Strength is in justice", which on the basis of laws, traditions and customs had a uniform application in all territories of the state created by Sahibkiran, today for us, his successors, is a priority spiritual and moral criterion and measure. To feel the personality of Temur himself, it is better to turn to his own words, thoughts, ideas expressed in the treatise "The Rules of Temur": "In management I was guided by meekness, humanity and patience; I watched everyone, hiding behind the guise of inaction, was equally supportive of both enemies and friends." Further: "By justice and impartiality I have gained the favor of the creatures of God. I extended my benefactions to both the guilty and the innocent; my generosity secured me a place in the hearts of people; justice governed my decisions… I had compassion for the lowest and most unfortunate classes of the state. I freed the oppressed from the hands of the persecutor and, once convinced of the harm done to a person or property, I pronounced a sentence according to the law and never subjected an innocent to the punishment deserved by the guilty."
The concept of human rights as a tool for asserting his dignity is a relatively new phenomenon in philosophical and political-legal thought. Only in the XX century it acquires a global character, when human rights are recognized as the main value and are enshrined in the relevant legal documents.
Uzbekistan, being a full and full member of the UN, demonstrates its commitment to the principles of equality, cooperation, multilateralism and protection of the international political system. In recent years, he has been actively initiating ideas for the peaceful settlement of various conflicts, preventing new global armed clashes, and establishing cooperation between countries. In our republic, the protection of human rights is considered as one of the priorities of cooperation with the UN.
Uzbekistan's cooperation with the UN is developing at an accelerated pace. Thus, President Shavkat Mirziyoyev spoke at the 46th session of the UN Human Rights Council and the 76th session of the General Assembly, during which Uzbekistan's initiatives in the field of strengthening international and regional security, further development of education, spirituality, ecology, tourism, human rights protection and more were announced.
In this regard, human rights education is a valuable contribution to the long-term prevention of human rights violations and efforts to create a just society in which all citizens' rights are valued and respected.
The logical continuation of all the reforms is the implementation of the fourth stage of the World Human Rights Education Program for 2020-2024, aimed at empowering young people.
Article 26 of the Universal Declaration of Human Rights defines: everyone has the right to education, which should be aimed at the full development of the human personality and increase respect for human rights and fundamental freedoms. It should also promote mutual understanding, tolerance and friendship among all peoples, racial and religious groups and contribute to the activities of the UN.
Based on this, in order to further improve human rights education, the above-mentioned decree of the Head of State was adopted on February 7, 2023.
In particular, the document approved the National Program of Human Rights Education in the Republic of Uzbekistan and the roadmap for its implementation, developed as a result of a comprehensive study of topical issues of human rights education, analysis of advanced foreign experience, broad public discussion, international and national consultations.
The significance of the resolution is determined by the issues of the relationship between the individual and the state, state practice in the implementation of the rights and freedoms of the individual; in teaching courses on human and civil rights; in law-making activities to consolidate and formulate the principles of the legal status of the individual; in the practical activities of law enforcement agencies to ensure the constitutional rights and freedoms of man and citizen.
According to the resolution, regular monitoring is carried out, proposals and recommendations for the qualitative and timely implementation of measures are submitted to the relevant ministries and departments. Instructions have been given to ensure that detailed information containing specific indicators and results achieved is posted on an ongoing basis on official websites and in the media.
Since the 2023/2024 academic year, educational and special courses "Human rights", "Women's rights", "Children's rights" are being introduced in the system of vocational and higher education. By June 1, 2023, a list of professional and higher educational organizations will be compiled in which such courses will be introduced.
Since June 1, the National Center of the Republic of Uzbekistan for Human Rights will annually hold a national competition "Education and innovations in the field of human rights and freedoms". Training courses and seminars on the rights of persons with disabilities, women, children and migrants are also being opened in organizations whose activities are directly related to these categories of citizens.
By April 1, it was instructed to take measures to prepare and publish a series of manuals and brochures, as well as launch an electronic platform for human rights education.
After all, human rights and freedoms are those universal legal values that are characterized by the establishment of uniform international legal standards in the field of personal rights protection.
International legal control in the field of protection of fundamental human rights and freedoms is carried out in the following forms:
• Consideration of periodic reports of States on the implementation of their obligations in this area;
• consideration of claims of States against each other regarding the violation of such obligations;
• consideration of individual complaints from individuals, groups, non-governmental organizations about violations of their rights by the State;
• study of situations related to alleged or established human rights violations (special working groups, speakers, representatives);
• Conducting a dialogue with the Government of the State regarding its implementation of human rights or assisting in the development of programs for their implementation.
An optimal system of cultural, socio-economic, political and legal guarantees of human rights and freedoms should be created in every society, which determine the nature of the relationship between the individual and the state, create real opportunities for the exercise of rights and freedoms.
The leading place in the system of guarantees of the rights and freedoms of citizens is occupied by legal guarantees, through which different stages of the process of protection and protection of human rights and freedoms are ensured.
Another important point of the resolution: from March 1, 2023, short-term training courses on combating the use of torture will be organized on an ongoing basis for employees of bodies carrying out pre-investigation checks, inquiries, preliminary investigations, and institutions for the execution of punishment.
Today, the institution of Habeas Corpus is being introduced in Uzbekistan - one of the principles relating to human rights. It is worth noting that these principles of English criminal procedure law are closely related to the inviolability of the individual. In accordance with the Habeas corpus rule, a detainee (or another person on his behalf) may file a complaint with the court against arbitrary arrest or detention and request the issuance of a special court order ordering the detainee to be brought to court to verify the legality of such arrest or detention.
At a meeting with members of the Constitutional Commission on June 20 last year, President Shavkat Mirziyoyev proposed to reflect the Miranda Rule and the principles of Habeas corpus in the Basic Law. It was noted that when a person is detained, his rights and the reason for detention should be explained in simple language.
Article 27 of the Constitution of the Republic of Uzbekistan in a new edition reflects the principles of the Miranda Rule and Habeas Corpus: "Everyone has the right to freedom and personal inviolability. No one may be subjected to arrest, detention, detention, detention or other restriction of freedom except on the basis of the law. Arrest, detention and detention are allowed only by a court decision. A person may not be detained for more than forty-eight hours without a court decision. The rights and grounds of detention must be explained to the person during the detention in a language that he understands."
As a rule, a person learns his procedural rights only when he is detained on suspicion of committing a crime. Whereas he should know that he has such a constitutional right not after, but before he is charged. The consolidation of this norm, in turn, will serve as an objective investigation of the criminal case and the prevention of arbitrariness, as well as illegal methods on the part of the investigative authorities. After all, a person's life, his free expression of will are the highest value of the state.
"The achievement of the Sustainable Development Goals until 2030 in our country will be carried out in accordance with the principle of "Leaving no one behind" to ensure the rights and legitimate interests of every person," President Shavkat Mirziyoyev said, speaking at the 46th session of the UN Human Rights Council. The leader of Uzbekistan explained that we are talking about the implementation of the National Human Rights Strategy, in the development of which experts from the Office of the United Nations High Commissioner for Human Rights actively participated.
The main goal of the National Human Rights Education Program in the Republic of Uzbekistan is to implement the provisions of the UN Declaration on Human Rights Education and Upbringing and the fourth stage of the World Human Rights Education Program, as well as to raise awareness of all segments of the population about national and international standards of human rights and freedoms, the effectiveness of the work carried out in this direction.
The main objectives of the National Human Rights Education Program in the Republic of Uzbekistan:
• raising awareness of young people in the field of human rights and freedoms;
• improving the knowledge and skills of government officials in the field of human rights and gender equality;
• improvement of the system of teacher training and support of scientific research in the field of human rights;
• raising awareness of the segments of the population in need of social protection in the field of human rights;
• increasing the activity of civil society institutions in the field of human rights education;
• improving the effectiveness of the system of education and upbringing in the field of human rights with the use of modern technologies, works of art, mass media;
• Development of international cooperation in the field of human rights education.
Human rights and freedoms are fundamental universal values. And education in this area is a vital process that covers all people, especially young people.
Firyuza Mukhitdinova.
Professor TSYUU,
Doctor of Law.