In Europe, the world did not converge like a wedge – Picture of the Day – Kommersant

On Tuesday, participants in the 10th All-Russian Meeting of Legal Theorists discussed the crisis in the global system of human rights protection and the possibilities of import substitution in this area. However, the participants in the discussion did not reach complete unity on this issue. Thus, Senator Andrey Klishas believes that it is still not worth rushing to create an alternative international court: within the framework of the new structure, Russia may face the same misunderstanding as in the case of the European Court of Human Rights (ECHR). But Academician Taliya Khabrieva sees prospects in creating a Eurasian concept of human rights, which will unite adherents of traditional values.

On January 21, the main jurists of Russia discussed the problem of human rights. Recently, the topic has been raised more and more often: domestic statesmen regularly say that the West uses them to impose its values. We have to admit that the global system for the protection of human rights is going through hard times, Rector of IZISP Taliya Khabrieva spoke in the spirit of the times. According to her, contradictions are growing both in international relations and in legal doctrine. In practice, there is also a split, the jurist stated: disputes about the content of natural rights have again escalated.

The need to resolve the accumulated contradictions returns to fundamental theoretical issues and involves the search for a new general consensus that takes into account the interests of individual states and the world community, Ms. Khabriyeva urged.

The modern context forces us to re-evaluate issues that until recently seemed non-negotiable, Andrey Klishas, ​​head of the Federation Council Committee on Constitutional Legislation and State Building, and part-time chief researcher at the constitutional law department of IZISP, agreed with his colleague. In particular, he recalled, the issue of how to most effectively protect human rights after Russia’s withdrawal from the European Convention is being actively discussed.

“Many politicians are of the opinion that we need alternative interstate judicial bodies,” the senator noted. “Either within the framework of the Eurasian Economic Union, or the Union State of Russia and Belarus.”

Indeed, after the releaseexceptions) Russia from the Council of Europe (CE) has received several initiatives to create an analogue of such a supranational structure with the participation of Russia. So, Ombudsman Tatyana Moskalkova suggested to work in this direction on the SCO convention, speaker of the Federation Council Valentina Matvienko expressed the idea of ​​the need for a CIS court, and the chairman of the Association of Lawyers of Russia (AJUR) Sergey Stepashin declaredthat a Eurasian court should be established that will focus on investigating war crimes. A similar idea was recently put forward by the head of the Investigative Committee of the Russian Federation, Alexander Bastrykin.

Mr. Klishas himself admitted that he is “cautious” about such an idea: before creating institutions, you first need to make sure that the parties have the same understanding of human rights and freedoms, their scope and significance, as well as the “value component”.

As long as there is no common understanding of the standard of rights and freedoms, it is impossible to organize a court that will make decisions.

“Is it necessary to protect the rights to a same-sex family or not? We must first agree on whether this is a value, whether it is a right, and then create a court that will determine policy in this area,” Mr. Klishas explained. Countries should agree and develop a common platform, and then create a supranational body. Otherwise, we will face the same insurmountable contradictions that have arisen within the framework of the Council of Europe. In any case, the senator is convinced, the violation of the sovereignty of the state in the end always leads to the violation of the rights and freedoms of citizens.

In this, Mikhail Barshchevsky, the government’s envoy to the Constitutional and Supreme Courts, categorically agrees with him: in a weak state, human rights are only a topic for conversation, he explained to the participants of the event. “Have you heard about cases when Russian citizens were detained in third countries, extradited to the United States and put on trial? Yes! Have you heard about the fact that a US citizen was detained in a third country, extradited to another country and put on trial? No! And why? Because such games cannot be allowed with the United States,” Mr. Barshchevsky explained. “Here is the clearest example of the fact that only a strong state and only a functioning legal system in reality ensure the protection of human rights.”

In turn, Ms. Khabriyeva does not rule out that traditional values ​​could become a common platform for the creation of an international court.

“In order to develop the concept of a Eurasian court of human rights, we need to think about creating (and such proposals already exist, including at our institute) a Eurasian concept of human rights,” she told Kommersant. to consider this prospect quite real, because the Russian world and our friends have an understanding of what humanity should strive for.” The Eurasian concept could, among other things, respond to many of the challenges associated with the technological revolution, added the rector of IZISP. In her opinion, this issue is no longer only about issues related to information technology, but also about the human right to their own identity.

Anastasia Kornya