Human rights are the main value of the state
Everyone must comply with the Constitution and legislation of the Republic of Kazakhstan, as well as respect and not violate the rights of others. This principle is enshrined in Article 34 that "everyone is obliged to comply with the Constitution and legislation of the Republic of Kazakhstan, respect the rights, freedoms, honor and dignity of other people".
According to the Constitution of the Republic of Kazakhstan, the legal status of an individual includes all the variety of rights covering different parties to his activity. First of all, the Constitution of the Republic of Kazakhstan enshrines an extensive list of civil rights. These rights in the hierarchy of human rights are fundamental because they ensure the autonomy of the individual. In particular, it protects the personal interests of a person, guarantees his freedom, legal protection from any external interference.
Among civil rights, the most important is the right to life, which is the basis of all other rights. It is enshrined in Article 15 of the Constitution of the Republic of Kazakhstan. Civil rights include rights such as personal freedom and the right to inviolability (Article 16). Personal freedom is an inalienable and absolute human right that arises in connection with human nature. The rights to privacy, personal and family secrets, protection of Honor and dignity (Article 18 of the Constitution of the Republic of Kazakhstan) are equally important as the inviolability of housing (Article 25 of the Constitution of the Republic of Kazakhstan).
Personal life is an important part of a person's life that should not be controlled by the state. Thus, civil rights include the entire complex of rights that ensure the personal safety and inviolability of a person. However, the key to understanding the essence of civil rights is the way in which special procedures are implemented to make human rights real. In this regard, the Constitution of the Republic of Kazakhstan provides for constitutional guarantees of natural inalienable human rights.
Now let's emphasize the importance of the constitutional norm on the inviolability of human dignity. No one should be subjected to torture, violence, other cruelty, or humiliation or punishment of human dignity. This right is very important, because even if a person has violated the law, he should not remain outside the law. All restrictions on human rights must be established by law.
Article 13 of the Constitution of the Republic of Kazakhstan proclaims the right of a person to receive qualified legal assistance by all means that do not contradict the law, including the protection necessary to recognize the subject of law and protect their rights and freedoms.
This constitutional norm enshrines one of the ways to protect human rights – self-defense. At the moment, this is an inalienable human right. The Constitution of the Republic of Kazakhstan enshrines such an important right of citizens in a Democratic state as the right to judicial protection of human rights and freedoms, one of the main ways of protecting their rights.
The constitutional norm on human equality before the law and the court is of great importance. This means that all people, regardless of any differences (citizenship, nationality, gender, place of residence, material status, etc.), have the same legal capacity, the ability to acquire certain rights to the corresponding benefits and duties. It represents the democratic essence of the law and the court.
The Constitution contains an extensive list of civil rights. Civil rights occupy a special place in the entire system of human rights and freedoms.
Human rights may be limited by law. This provision is directly enshrined in Article 39 of the Constitution. So, here are four goals that can be used to limit human rights. It is used in order to protect the constitutional order, protect public order, human rights and freedoms, public health and morality.
Karlygash USEINOVA,
candidate of Law, Associate Professor, Head of the Department of theory
and history of State and law, constitutional and administrative law