Fundamental principles of state policy in the field of human rights

The paper analyzes human rights, the duty of the state to respect, protect and fulfill the fundamental principles of state policy in the field of human rights. Negative rights to respect oblige states not to directly or indirectly prevent individuals from exercising their rights, to refrain from violations and to eliminate the consequences. The state obligation protect individuals from actual interference or threats of interference with human rights by third parties, exercising due diligence. States have a wide margin of discretion in choosing the means of protection. The obligation to fulfill requires active action by the state to realize human rights by creating legal, institutional, procedural and material conditions. Ensuring economic, social and cultural rights The ICESCR allows states parties to fulfill their obligations gradually. No human right is free for the state. However, resource problems cannot serve as an excuse for inaction. State policy in the field of human rights must provide for the freedom of right holders to defend their rights. Differences in national human rights systems relate to the legal and institutional framework, the actors of human rights policy and their interaction. Differences also relate to the outcome: the measures taken to protect and promote human rights. Corruption is incompatible with the idea of equality, which underlies human rights. By penetrating state bodies, corruption prevents the state from fulfilling its human rights obligations and people from asserting their rights as equals, especially if corruption has spread to the judicial system. The fundamental principles of human rights (non-discrimination, participation, accountability, involvement) are combined with the explicit recognition of people – as rights holders and states – as primary duty bearers, which are the main features of state human rights policy. An important element of human rights policy is regular government reports on the state of human rights in Ukraine. Non-governmental organizations can and should critically supplement state reports in the form of parallel reports. Courts independent of the government play an important role in punishing and protecting violated human rights. Ombudsmen or other independent persons of national human rights institutions act in accordance with the Paris Principles and ensure respect for human rights.