Any discrimination that applies to the individual must be suppressed. That is why there is a special article about the violation of human rights, violating which the offender will be punished. In the legislation of the Russian Federation, such a concept is applied specifically and basically includes two main ones: violation of interests at the level of the law and attitude to the victim as a separate social race.
To protect their rights, everyone can apply to the Human Rights Court and demand punishment for their offender.
How rights are violated
Despite the fact that many countries are actively using the document, according to which a ban on cruel treatment of people is established, nevertheless, cases of violation of individual freedoms are common. The infringement of human rights in the criminal procedure legislation of the Russian Federation indicates that property may be confiscated as a punishment or even a fine may be imposed. In Russia, the facts of the publication of special acts that contain directly provisions that are not related to the Constitution are recorded, this indicates a direct violation.
The rights
First of all, when it comes to the protection of human rights, the protection of the person himself is mainly stipulated. Often there are contentious issues that are related to the protection of the well-being of the individual, the health of individuals, the environment, as well as the maintenance of law and order. Consider the main points when there is an infringement of human rights and freedoms:
Any encroachment on an individual’s life can be regarded as a violation of immunity.
Particular attention is paid to legal proceedings related to justice.
Everyone has the right to vote.
In no case is it prohibited from the state or from other persons to express their thoughts, to believe in their religion.
Everyone has the right to express their own opinion.
Everyone has the right to independently dispose of their property. Naturally, this is far from all the rights that may be infringed in some way, but even the smallest infringement should be followed by a punishment, which is determined by the court.
Area of rights
It should be noted that the areas of human rights were developed in accordance with international standards, they are concluded in the following points:
First of all, the area that the state should provide is taken into account. The population is provided with fundamental rights, no one has the right to carry out actions that in some way can encroach on the freedom and rights of persons with disabilities. It is important!
The state must ensure the full protection of its population and any violation of human rights should be immediately stopped.
Any activity that seeks to violate an individual’s freedom must be immediately condemned and punished.
Whatever standards are applied, they are universal and operate throughout the world, so everyone should know their rights and actively use them, when they find themselves in a difficult situation.
Constitution and laws
The Russian Constitution clearly states that every person living in the territory of the Russian Federation or temporarily staying there should count on the protection of his rights and freedoms. The documentation adopted by the Council of Europe is also additionally taken into account; it establishes principles regarding the collection and transmission of information that is personal in nature. For example, any data that was received confidentially should in no way be disseminated; it is confidential. It is important to remember that all acts adopted by the UN and the European Council must be considered at the level of international standards. If there is a violation of human rights, the article of the Criminal Code is not the only document that is used for protection. Special attention should be paid to the declaration. Back in 1948, the Universal Declaration was adopted, which protects the rights of any person. Consider the basic rights that are included in this document:
Everyone has the right to life and their integrity.
There is a right to recognition of subjectivity.
In no case shall torture and ill-treatment be applied to a person, nor shall the person be degraded.
Everyone has the right to equal protection.
In no case can slavery and servitude be applied to a person.
The declaration also describes the fact that a person has the right to have a private personal and family life, as well as the inviolability of his home and correspondence.
Rights that for some reason have been violated must be fully restored, and the person or group of persons who committed this violation must be punished.
Violation of social rights. Essence
Violation and abuse of human rights may also apply to socio-economic discrimination. As a rule, such an offense is directly related to the property issue and in order to solve the problem that has arisen, one often has to resort to court. Social rights include:
Each person living in the Russian Federation has the right to acquire his property.
A person can freely engage in the labor activity that suits him.
Full freedom of economic activity is ensured.
The constitution strictly prohibits forced labor. Everyone can choose for themselves the most suitable profession and occupation.
Civil law. Provisions
The article infringement of human rights basically protects the civic position. What does it mean? That this category of rights protects the individual as an individual:
First of all, everyone has the right to life.
No one can infringe on the honor and dignity of the individual.
Every citizen and just a person on the territory of the Russian Federation can move freely throughout the country.
Any person has the right to independently choose a place for their residence.
No one has the right to abuse another person, and if this happens, the guilty party must be punished.
Everyone has the right to think freely, choose his religion and act according to conscience.
A citizen is provided with protection for his life and his family.
In fact, there are a large number of such rights, but only the basic ones are given above.
What are the limitations?
In addition to the fact that the Constitution addresses the violation of human rights, there are certain restrictions, it is they that make it possible to determine the level of freedom of a citizen in the state in which he resides. Using such restrictions, certain boundaries are established. Which, for example, allow people with disabilities to freely exercise their rights and freedom. Rights may be restricted only if there are some grounds for this. For example, such measures can be used to protect the Constitution, health or moral qualities, in order to ensure the defense of statehood. But nevertheless, despite this, some rights can still not be limited, such as:
The right to live.
Inviolability of personal life position.
Violation of dignity.
Warranties that are directly related to privacy information.
Freedom of the right to own property and engage in entrepreneurial activity.
As a rule, restrictions are necessary in order to ensure the activities of law enforcement agencies.
Punishment for discrimination
If there has been a violation of human rights, an article of the Criminal Code provides for punishment for a crime. Consider all the options that are used as punishment:
First of all, it is worth remembering that you will have to pay a fine of 100,000 rubles.
If the crime was committed by an official, then there is a risk of losing the right to hold a position for a period of 5 years.
Sometimes correctional labor is used as a punishment, they can last 480 hours.
If the discrimination of a person has occurred with particular cruelty, then they can appoint correctional labor for a period of 2 years.
An attacker could be imprisoned for 5 years.
Violation of human rights can be considered in open court, while taking into account judicial practice, harsh measures are applied to the violator.
Criminal penalty
As for criminal punishment, no one has the right to bring an individual for a crime twice. Therefore, the guilt of a person is established after a court order is issued. In what form can human rights be violated, there are different examples. Even the refusal of the workplace due to the fact that a person is already 55 years old is discrimination, and the court can take the side of the victim. In order to prevent discrimination, the state adopts a variety of methods to combat incitement of ethnic hatred:
Active propaganda of tolerance towards other people.
Often, personnel are rotated, especially among senior staff.
Recently, the punishment for such offenses has become even tougher, this allows us to establish equality between people of different nationalities and social classes.