Paida Y. Human rights and religious freedom: socio-cultural implications and normative proportionality.

Українська версія

Thesis for the degree of Doctor of Science (DSc)

State registration number

0519U001740

Applicant for

Specialization

  • 12.00.01 - Теорія та історія держави і права; історія політичних і правових вчень
  • 12.00.12 - Філософія права

11-11-2019

Specialized Academic Board

Д 64.086.02

Yaroslav Mudryi National law university

Essay

The research is devoted to the analysis of peculiarities of normative regulation, philosophical and legal conception of the state policy of promoting religious freedom in the context of observance of human rights. The methodological and source base of the research, the state of the scientific elaboration of the problem, the modern approaches of researchers to the scientific understanding of the origin and solution of problems of human rights and religious freedom are analyzed. It is emphasized that within the framework of these scientific developments, the issue of the relation between human rights and religious freedom has not been sufficiently analyzed from the standpoint of the philosophical comprehension and legal regulation. The general tendencies of the scientific researches of the category "religious freedom" in the context of political science, cultural studies, psychology and other sciences are outlined on the basis of philosophical and legal conception of the right to freedom of beliefs. Great attention is paid to the peculiarities of the legal solution of the problem of promoting religious freedom as one of the fundamental human rights to life, as well as one of the factors of the dichotomy between the national and the universal in law. It is accentuated that religious freedom (like all fundamental human rights) has a socio-existential conditionality, because society is the center of formation and the source of correspondence of the spiritual needs of the person to the legal system, which provides the binary logical connection (socio-cultural implications) of society and law, and also guarantees the normative proportionality of religious freedom within the implementation of universal human rights. It is noted that religious freedom is one of the fundamental international humanitarian standards in the field of human rights. It is stated that at the present stage (2019) the problem of further improvement of the national legislation on the observance of religious freedom in Ukraine has not yet lost its relevance and remains the center of attention of lawyers, religious and public figures, and politicians. The actual issues of improving the normative and legal regulation of the processes of implementation of human rights and religious freedom are studied. It is emphasized that the process of implementation of international legal norms on the protection of human right to religious freedom at the national legislation level is ongoing. This process takes place on the basis of social, legal, political pragmatism, in particular on the principles of the expediency and effective combination of purposes and means directed to the development of the legislative framework, taking into account the norms regulated by international human rights instruments, as well as the world ecumenical tendencies.

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