To the issue of non-discrimination on the ground of identity

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To the issue of non-discrimination on the ground of identity

Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue

Abstract

In the article is investigated the concept and nature of identity as self-determination, self- identification as a representative of a particular social group in the context of the rights and freedoms of man and citizen. It is proved that the identity itself cannot be a basis for discrim- ination. Attention is drawn to the importance of the immediate implementation of the princi- ple of respect for the identity of the person, combating and prevention of marginalization and demonization of minorities. The principle of respect for the identity of the person, the right of each person to live in harmony with their identity, the guaranteed respect for the identity and this peaceful co-exis- tence of heterogeneous identities within a society is the basis for the modern concept of human rights. Only the law is an effective tool designed to promote equality, tolerance and respect for honor and dignity and the regulator of social interaction, which has been able not only to encourage and promote multiculturalism, pluralism and protect the rights of everyone, but also make redress within and manner specified by law. It is important to note that the modern culture is characterized by the intensification of the process finding the identity, multiculturalism trend and the increasing movements of minori- ties against discrimination and social exclusion. However, the process of perception of other identities and minorities by particular society and recognition of their right to exist, accom- panied by the formation and improvement of a certain amount of anti-discrimination legisla- tion of the state, is accompanied by the search for a new relationship between law and moral- ity and the respective aggravation of contradictions. The respect for human rights and freedoms, equality and pluralism are the highest crite- ria of development of the human civilization. The level of promotion of the protection and real- ization of defense of vulnerable social groups is the best indicator of the actual implementa- tion of the principles of inviolability and security of the rights and freedoms of man and citi- zen, the degree of tolerance and protection of citizens’ rights in general in the state. It is important to note that minorities as social groups with distinctive identities do not require giv- ing them any new rights but to emphasize the problem of discrimination, calling for the real implementation of the principle of equality, declared by international acts on human rights of international importance, and the constitutions of states, including the Constitution of Ukraine. An immediate implementation of the principle of respect for the identity of the person, counteraction and prevention of marginalization and demonization of minorities and the peaceful coexistence of majorities and minorities within a single society contribute to honor- ing the rights and freedoms of man and citizen and is objectively an important task of the state and the Ukrainian society. Strengthening democracy and the rule of law would be impossible without the establishment of equality, tolerance and respect for the dignity of each.

Authors and Affiliations

Yana Tovpeko

Keywords

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EP ID EP447755
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