FORMALIZATION OF HUMAN RIGHTS TO DIGNIFIED LIVING CONDITIONS IN INTERNATIONAL AND NATIONAL LEGAL ACTS

Ihor ONYSHCHUK
D.Sc. in Law, Professor, Academician (International Informatization Academy, The Constitutional Court of Ukraine), Ukraine
ORCID iD: orcid.org/0000-0001-9472-5472
revival.if.ua@gmail.com
publons.com

UDC 342.7; 341.231.14

DOI :10.31733/2786-491X-2021-2-172-182

Keywords: human rights, decent living conditions, index of standard and quality of life, three generations of human rights, rule of law

Abstract. The novelty of the article is to substantiate which living conditions should be considered as decent given the social orientation of the state economy, as well as as a figure of decent living conditions in terms of the main duty of the state to assert and ensure human rights and freedoms. The essential criteria of decent living conditions and their unification in the form of global indices of living standards and quality of life are clarified; the system of criteria (indicators) of decent living conditions in the context of three generations of human rights (tangible and intangible benefits) is considered.

It was found that at this stage among scolars and practitioners there is no in the understanding of the category of “decent living conditions”, there is no legal definition of this concept. The concept of “decent standard of living” is very illusory, relative and differentiated in different countries. Depending on the extent to which the rules of law established by the state correspond to natural rights and human freedoms, a measure of democracy and justice is determined. For the purpose of constitutional reform in Ukraine, it is expedient to apply innovative approaches to filling the construction the “right to decent living conditions” with content.

Decent living conditions are an integrated concept that encompasses many heterogeneous and non-quantifiable factors. This concept covers the totality of all forms of human activity and embodies the synthesis of material (adequate nutrition; clothing; housing; medical care; social services; improvement of living conditions; adequate housing; security; electricity; water supply; transport; communications, etc.), spiritual and creative aspects; life (the level of realization of the inner potential of man, his intellect, creative meaning of life, etc.). The development of society as a whole is more and more determined by the level of human knowledge and abilities.

The true meaning of the concept of “decent living conditions”, which comes from the existing in the public and individual consciousness of human dignity, social justice, freedom and equality should be understood as guaranteed and protected by the state natural and inalienable human right to own and enjoy sufficient tangible and intangible benefits. It is necessary to ensure the possibility of comprehensive implementation of its biological, social and spiritual needs.

The criteria for decent living conditions at the constitutional level are determined by the obligations of the state to the person. Inherent attributes of decent living conditions are unified global indices of living standards and quality of life. The system of criteria (indicators) of decent living conditions should be considered in the context of three generations of human rights (tangible and intangible benefits).

The system of criteria for decent life should contain two groups: 1) criteria that characterize the level of fulfillment by the state of itʼs obligation to provide the decent living conditions for its citizens; 2) criteria that characterize the level of human performance of duties to live with dignity (lead a decent life). Since the first group of criteria for the decent life is determined by the obligations stateʼs to man, its essential attributes are such categories as a decent or sufficient standard of living and quality of life. Accordingly, this group of criteria, in turn, is divided into two subgroups: 1) contains criteria for a decent (sufficient) standard of living, which means an indicator that characterizes the quantity and quality of goods and services consumed by man, the degree of basic needs; 2) contains criteria that characterize the quality of life, which means an integrated indicator designed to characterize the social well-being of the individual, satisfaction with civil liberties, human rights, security of life, level of protection, realization of human potential, intelligence, creativity, etc.: the first block of indicators characterizes the level of adequacy of intangible benefits acquired as a result of the realization of human rights of the second and third generation; the second block – the level of satisfaction of citizens with intangible benefits acquired as a result of the realization of the rights of the first generation; the third block – the level of guarantee and protection of the right to a dignified life.

The second group of criteria for a decent life is subjective, their implementation already depends mainly on the person. This group of criteria is focused on a decent way of life, which means a way of life when a person not only has knowledge about the content of social norms accepted in society (moral, religious, legal, etc.), but also consciously fulfills them.

The duty of the state to ensure inalienable human rights is an integral part of the true meaning of the rule of law. There is a gradual formalization of the concept of decent living conditions in international and national legal acts. The principle of the rule of law and human rights are recognized by two aspects of the same principle – the freedom to live in dignified conditions. There is a definition of the range of inalienable human rights on the basis of the Constitution of Ukraine.