The right to protection is an integral part of the duties of any state in relation to its citizens. They are fixed not only at the level of our state, but also at the global level. And first of all, the famous international pact “On Human Rights” comes to mind, which was adopted by all UN members at the 1948 General Assembly. This large-scale declaration was the first document in which all fundamental human rights were enshrined, including the right to protection.
This document is part of the International Bill of Human Rights and is applied along with such international covenants as the Covenant on Economic, Social and Cultural Rights, as well as the Covenant on Civil and Political Rights.
Universal Declaration of Human Rights
In Art. 7 of the Declaration of Human Rights, the right to protection of each individual, irrespective of race, gender, nationality, without any discrimination in relation to the person, is enshrined. This raises the question of what kind of protection each person living on our planet can claim.
What types of rights are protected?
First of all, the international pact focuses on comprehensive protection by law. Thus, a norm can protect human rights in various fields. For instance:
- Art. 11 regulates the protection of a person from unlawful trial and criminal charges;
- Art. 12 secures protection against interference in personal and family life;
- Art. 16 generally speaks of ensuring the protection of the family by the state;
- Art. 23 guarantees us the right to protection against unemployment;
- Art. 24 is dedicated to the protection of motherhood and infancy, social protection.
We see that measures to protect human rights are fixed at the level of international standards.
Human Rights Protection in Russia
The Constitution of the Russian Federation, being in the hierarchical ladder of normative documents, stands below international treaties and, accordingly, should not contradict them. Thus, observing all the principles enunciated by the International Declaration of Human Rights and relevant Covenants, the basic law of our state at the legislative level enshrines the norms for the protection of human rights.
The Constitution of the Russian Federation sets aside a whole chapter devoted to the rights and freedoms of man and citizen. By securing them at such a high level, the state automatically gives a guarantee for their protection. Under the basic law of the state, everyone is guaranteed the opportunity to be protected by a court of his rights and freedoms. In addition, citizens of our country have the right to assert their rights in various ways that are not prohibited by the framework of Russian law. Thus, in Russia judicial protection of a person in any branch of law is guaranteed.
Consumer Rights
In our country, there is a system of measures aimed at ensuring regulation of relations between the consumer and the seller. Together, these measures comprise the Institute for the Protection of Consumer Rights. This institution, being an integral part of civil, administrative, civil procedural law, forms a separate sub-industry and includes many federal laws, by-laws and government decrees.
The specifics of the subject composition of the Institute for the Protection of Consumer Rights is that, on the one hand, a consumer acts - an ordinary individual, and on the other hand - a person engaged in entrepreneurial activity (seller, performer, manufacturer).
History of the Institute of ZPP
The first source that laid down the norms of the institute was the Hammurabi Law, formulated as early as the 18th century BC. e. The following document regulating consumer rights arose only at the end of the 20th century in the USA. It was the “Consumer Rights Bill” that John F. Kennedy developed. In Russia, in comparison with other countries, this institution began to develop relatively recently. And only by 1992, a law appeared in our country that could fully regulate the relationship between consumer and seller.
Law on Consumer Protection
Each of us is a consumer of various products, goods, works, services. However, the level of service in some areas does not satisfy every citizen. That is why the topic of protecting consumer interests today is quite relevant. In order to give people the opportunity to know their responsibilities and assert their rights, improve the quality of services, goods and services, and with all this the quality of life, the Law on Consumer Protection was created, which was adopted on February 7, 1992. Since its adoption, the norm has been edited several times. The number of changes at the moment reaches 8, and this indicates that the legislator is taking measures to improve it.
The purpose of this law is to regulate relations between manufacturers, performers, sellers and consumers at the time of execution of work, sale of goods, and provision of services. This law establishes not only the right of the consumer to purchase goods, works and services of appropriate quality, but also the right to their safe use, as well as a guarantee that the goods purchased do not pose a threat to life, property, health of the consumer, or the environment.
This legal act establishes the right of the consumer to receive information about the goods and their manufacturers. In addition, the law establishes a mechanism for implementing the rights guaranteed to the consumer.
The importance of this document must not be underestimated. Some sellers and manufacturers operate on the principle of “good buyer - inattentive buyer”. It is with the help of this slogan, violating the principle of good faith, which is established by civil law, taking advantage of the legal illiteracy of citizens, sellers profit from consumers. The latter, in turn, not knowing the basic tenets of the law on RFP, are guided by these tricks and tricks, thereby creating new precedents for further proceedings in court. Therefore, it is very important to know the basic human rights, which include, perhaps, one of the most important - the right to protection. Knowing these standards will allow you to get away from arbitrariness on the part of sellers, and sellers, in turn, get rid of the cost of losses and compensation for harm caused to the consumer.