discrimination

The Prohibition of Discrimination Based on “Attitude to Religion” – a Guarantee of Realization of the Constitutional Principle of Equality of Rights and Freedoms of Man and Citizen, Regardless of Attitudes Towards Religion in the Russian Federation

Introduction. The article considers the prohibition of discrimination on the basis of “attitude to religion” in the context of the content of the constitutional principle of equality of rights and freedoms of man and citizen regardless of attitude to religion. Discussion. The author of the article attempts to determine the legal nature of the prohibition of discrimination based on “attitude to religion”. The author carries out the analysis of the legislation of the Russian Federation for the presence of the considered ban on discrimination. The decisions of the European court of human rights on discrimination of religious belief are investigated. The structure of subjects and objects of discrimination on the basis of “attitude to religion” is defined, forms and methods of such discrimination are listed. Conclusion. The nature of the prohibition of discrimination based on “attitude to religion” in the context of the constitutional principle of equality of rights and freedoms of man and citizen, regardless of attitude to religion has been determined. The difference in the resolution of court disputes on discrimination based on “attitude to religion” in the international and Russian judicial systems is noted.

Equality of Floors in the Sphere of Family Relationships

Introduction. The article is devoted to the complex analysis of the constitutional legal regulation of the equality of rights and duties of men and women in the sphere of family legal relations. Discussion. The author analyzed the constitutions of the Soviet period with the aim of establishing the existence of a guarantee for the protection of the rights and interests of fathers (men) subject to gender discrimination. The author notes that certain advantages provided by the state, aimed at equalizing the legal status of men and women, apply only to women. It does not take into account the interests and rights of men who, as a result of providing women with appropriate benefits, may be violated, which can lead to discrimination against men on the basis of gender. Conclusion. As a result of the analysis of the constitutions of the Soviet period, the author comes to the conclusion that despite the fact that the Basic Laws of the Soviet period enshrined the principle of gender equality, they did not contain a guarantee of protection of the institution of paternity (with the exception of the 1978 RSFSR Constitution). The Constitution of the Russian Federation demonstrates a new approach to the family, highlighting both motherhood and paternity. The author notes that at present men are not provided with an actual guarantee for the state protection of the interests of paternity. Paternity is not included in the sphere of state policy, which leads to gender asymmetry in the status of mother and father in society. This is confirmed by the absence of an appropriate law aimed at regulating the relations of motherhood, paternity and childhood; not by establishing a guarantee of protection of the institution of paternity at the constitutional level.

The Constitutional Principle of Equality of Rights and Freedoms of Man and Citizen, Regardless of the State of Human Health: Foreign and Domestic Experience of Legislative Consolidation

Introduction. The article is devoted to the issue of legislative consolidation of the principle of equality of rights and freedoms of man and citizen, regardless of health status in the foreign and Russian legislation. Discussion. Analysis of foreign constitutions allowed defining a specific aspect of the standard of equality of rights and freedoms of man and citizen, regardless of health status, which is in Russian domestic law enshrined only in the federal laws. Please note that the discriminatory features that reflect the health condition in the fundamental laws of foreign countries are different. We study the content of the constitutional principle of equality of rights and freedoms and citizen, regardless of health status in the national law of the Russian Federation. Particular attention is paid to the relationship of the test of the principle of equality with the other parties and the modern trends of development of constitutional law. It indicates the special role of the Constitutional Court of Russia to protect the rights and freedoms of man and citizen when discrimination based on health status. The author determines the purpose of the test of the constitutional principle of its functions in the legal system. Conclusion. The author comes to the conclusion that the analyzed principle occupies a special place in the system of constitutional law and has a great impact on all sectors of the Russian law, to improve the regulatory framework of the rights and freedoms of man and citizen, regardless of health status, on the development of social safety nets for people opportunities, vulnerable as health. There are the proposals for the development of the constitutional principle of equality of rights and freedoms of man and citizen, regardless of health status in the national legislation.

International Standards of Gender Equality

The article is devoted to the research of the international
standards of gender equality fixed in is international-legal
acts. Discussion. As a result of the research of international-legal
documents, the author, places emphasis on the biggest group of
international-legal standards which the rights and freedoms of a
person and citizen belong to. The special attention is paid to the
reasons according to which the activity of the international organizations
was more directed on protection of the rights of women subject
to discrimination. The author draws a conclusion that women subject
to earlier gender discrimination, in general, reached the same level,
as men, during the realization of their rights. However, as much more
attention is paid to women, both at international and national levels,
there are spheres in which men are discriminated. Conclusion. As
a result of the analysis of activity of the international organizations
and also international – the legal documents fixing the international
standards of gender equality, the author comes to the conclusion
that at the heart of the considered international documents in the
field of human rights there are such important principles as gender
equality and inadmissibility of discrimination on the basis of gender.
However, implementation of provisions of the international documents
containing the international standards of ensuring gender equality
is carried out not to the full extent, that is caused by the lack of effective
national mechanisms of protection against discrimination on
the basis of gender.

The Main Approaches of the Constitutional Court of the Russian Federation to the Constitutional Principle of Non-discrimination

Introduction. As discrimination is a negative phenomenon, counteracting it is an important problem. Constitutional Court of the Russian Federation plays considerable part in this process because it can protects subjects of law from law-making discrimination. Theoretical analysis. The article considers main approaches to the constitutional principle of non-discrimination, containing in legal positions of the Constitutional Court of the Russian Federation. Constitutional Court of the Russian Federation regards non-discrimination as con- stitutional principle of law. The author analyses features of discrimination which were mentioned in Constitutional Court’s decisions and studies legal positions of the Constitutional Court of the Russian Federation, addressed to the safeguards of the constitutional principle of non-discrimination. Conclusions. Constitutional Court of the Russian Federation often addressed the constitutional principle of non- discrimination. Thereby, Constitutional Court interprets it owing to recognition non-discrimination as a principle of law, reveals its features and safeguards, develops and defends this principle.