Міжнародні стандарти прав людини як інструмент гармонізації глобального та локального правопорядку

The study is devoted to a comprehensive analysis of the conceptual foundations, main features and practical aspects of the functioning of international human rights standards in the modern globalized world. The relevance of the work is due to the need to form a holistic theoretical approach to understanding the nature of international standards in the context of the dynamic development of international law and the adoption of over 300 international documents in the field of human rights.The work analyzes the evolution of conceptual approaches to defining international human rights standards, starting from the 2012 Declaration on the Rule of Law and UN General Assembly Resolution No. 41/120. Particular attention is paid to the study of the main characteristics of the standards: establishing the content and scope of human rights, their minimal nature as the “least acceptable compromise”, the obligation of compliance and model for national legal systems.A significant part of the study is devoted to the analysis of the paradox of the universality of international standards, which consists in combining their global nature with the possibility of various culturally specific interpretations. The practice of the European Court of Human Rights on the application of the doctrine of “margin of appreciation” and the approaches of different civilizations to the interpretation of fundamental rights and freedoms is considered. The need for a dialogue of civilizations to form a “consensus” language in the field of human rights is substantiated.Special attention is paid to practical aspects of the implementation of international standards, in particular the problem of establishing a fair balance between individual and collective interests. The process of standardization of the social significance of formally distinct legal phenomena and the dialectics of essence and form in the application of international standards are analyzed. The specifics of the maximum abstractness of the terminology of international standards and the features of their official interpretation in specific historical conditions are considered.The study demonstrates the complex and multidimensional nature of international human rights standards, their dynamic nature and ability to adapt to changing social needs, while maintaining the fundamental focus on protecting human dignity and ensuring justice on a global scale.

Publication Details

Journal
Scientific periodicals of Ukraine
Published
2025-09-27
Primary Topic
Education and Social Development in Ukraine
Type
article
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article

Міжнародні стандарти прав людини як інструмент гармонізації глобального та локального правопорядку

Scientific periodicals of Ukraine
Education and Social Development in Ukraine
article

Міжнародні стандарти прав людини як інструмент гармонізації глобального та локального правопорядку

article en

Abstract

The study is devoted to a comprehensive analysis of the conceptual foundations, main features and practical aspects of the functioning of international human rights standards in the modern globalized world. The relevance of the work is due to the need to form a holistic theoretical approach to understanding the nature of international standards in the context of the dynamic development of international law and the adoption of over 300 international documents in the field of human rights.The work analyzes the evolution of conceptual approaches to defining international human rights standards, starting from the 2012 Declaration on the Rule of Law and UN General Assembly Resolution No. 41/120. Particular attention is paid to the study of the main characteristics of the standards: establishing the content and scope of human rights, their minimal nature as the “least acceptable compromise”, the obligation of compliance and model for national legal systems.A significant part of the study is devoted to the analysis of the paradox of the universality of international standards, which consists in combining their global nature with the possibility of various culturally specific interpretations. The practice of the European Court of Human Rights on the application of the doctrine of “margin of appreciation” and the approaches of different civilizations to the interpretation of fundamental rights and freedoms is considered. The need for a dialogue of civilizations to form a “consensus” language in the field of human rights is substantiated.Special attention is paid to practical aspects of the implementation of international standards, in particular the problem of establishing a fair balance between individual and collective interests. The process of standardization of the social significance of formally distinct legal phenomena and the dialectics of essence and form in the application of international standards are analyzed. The specifics of the maximum abstractness of the terminology of international standards and the features of their official interpretation in specific historical conditions are considered.The study demonstrates the complex and multidimensional nature of international human rights standards, their dynamic nature and ability to adapt to changing social needs, while maintaining the fundamental focus on protecting human dignity and ensuring justice on a global scale.

Scientific periodicals of Ukraine
Peace, Justice and strong institutions
Openalex Percentile: Top 24%
Education and Social Development in Ukraine
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