Pazenok A. Social rights and liberties of a person and citizen in Ukraine and Federal German Republic: comparative research

Українська версія

Thesis for the degree of Candidate of Sciences (CSc)

State registration number

0406U005284

Applicant for

Specialization

  • 12.00.02 - Конституційне право; муніципальне право

28-12-2006

Specialized Academic Board

Д 26.867.01

Essay

3. This dissertation is a theoretical research of the conception of social rights and liberties as a central group of constitutional rights. Social human rights and fundamental liberties are the considerable part of international system protection of human rights. One of the first states who has proclaimed and considerably increased a role and value of social rights and freedoms in the western Europe was Germany. Gradually these rights and freedoms have obtained the international recognition in the pact of Economic, Social and Cultural Rights. The author analysed the structure and main feathers of Ukrainian and German systems of social rights and liberties. In Ukraine social human rights traditionally took a significant place. Concerning fundamental social human rights Ukrainian Constitution proclaimed such as: - All workers have the right to just conditions of work, the right to safe and healthy working, the right to a fair remuneration sufficient for a decent standard of living for themselves and their families. - Anyone has the right to social security. - Anyone without adequate resources has the right to social and medical assistance. - Everyone has the right to benefit from social welfare services. - Disabled persons have the right to independence, social integration and participation in the life of the community. - Children and young persons have the right to appropriate social, legal and economic protection. - Every elderly person has the right to social protection. However, realization of social rights and freedoms remains problematic. Analysing the literature and practice, the author determines own position to the nature of social rights, classification criteria and main kinds of social rights, mechanism of realization and protection of human rights and liberties. International and law guaranties also are studied in the research. The important conditions of improvement of realization of rights is generalization of world(global) experience. Ukraine has considerably progressed in the legal protection of human rights, although in reality, the steps have not been properly implemented and fundamental work in this realm still lies ahead. Ukraine should ratify all international human rights documents and ensure all international " standards " on such rights in its legislation.

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