Laws are important means to protect human rights
The achievements of the renovation have profoundly affected the entire socio-economic life of Vietnam. A series of emerging issues, a series of problems of the old mechanism are being reviewed and re-considered in new conditions with international and regional integration. By the objective and scientific evaluation in Vietnam and in the world, we are better aware of human rights.
The law is means of formalizing the social values of human rights
In an elaborate article, Mr. Nguyen Quang Hien from the Ho Chi Minh City University of Law contributed to the discussion, protecting human rights is a process. It depends on the overall variety of conditions (economic, political, legal, cultural ...) in which the law has the leading position, role and importance because:
The law is a means of formalizing the social values of human rights; These rights are legalized and compulsory, recognized and protected by the society. Without the recognition of society through laws, the inherent natural right of man has not become the real right.
On the contrary, the right of the child when prescribed by law will become a legal right, a common will of the whole society, accepted by the society and obeyed by the State and respected by the State. When human rights are provided for in the Constitution and laws, it will become the "supreme" compulsory force for the whole society, even for the highest organ of the State.
The law is a sharp tool of the State in protecting human rights. The sharpness of the law in the protection of human rights is reflected in the provisions on human rights in the law guaranteed by the apparatus, the way to influence the power of the State, when necessary, The State uses coercive measures on the basis of conducting educational and persuasive measures to ensure that human rights and citizens' rights are implemented and protected. In addition, thanks to the system of legal protection agencies, all violations of human rights and citizens' rights are likely to be detected quickly and handled promptly.
The law is a premise and foundation to create a legal basis for citizens to fight to protect their legitimate rights and interests. Here the law is considered not only as a tool and means of the State but also as a tool and weapon of every person in society to implement and protect human rights.
Because the law is a universal value, a standard of fairness, it is possible to measure the behavior of everyone, including State agencies and organizations. The law also serves as a basis for citizens to evaluate, examine and compare acts from the State and members of society and fight to protect their legitimate rights and interests.
Legal guarantee to protect human rights is to ensure the implementation of human rights by law
In order to bring into full play the important role of law in protecting human rights, it is necessary to institutionalize human rights into specific provisions in the legal system, and to ensure mechanisms for such provisions. made in practice, constituting a legal guarantee for human rights. In other words, ensuring the legal protection of human rights is by ensuring the implementation of human rights by law.
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Institutionalizing human rights in the legal system, not only concretizing human rights into specific rights and obligations of citizens and those who are not citizens or deprived of civil rights. It also includes stipulating forms and measures to handle violations of human and civil rights, regulations on the organization and operation of the State apparatus, functions, duties, powers and responsibilities. responsibilities of State agencies, organizations and civil servants, building a system of procedural procedures including criminal proceedings, concretizing international conventions on human rights that countries have participated in. signed or ratified to ensure the protection of human rights.
Human rights are institutionalized into the system of the above-mentioned regulations, but if there is no guarantee of the implementation of such regulations, it cannot be said that there is a legal guarantee to protect human rights. . Therefore, it is necessary to carry out activities of popularizing, propagating, educating, interpreting laws, guiding the implementation of laws ... in order to raise the legal awareness for social members, forming a legal culture. in social life.
At the same time, mobilizing the synergy of the whole society in organizing the implementation of laws, especially raising the effectiveness and efficiency of the law enforcement organization of the State apparatus, must ensure the provisions so as implementation of protection of human rights and civil rights in the legal system is strictly enforced, violations of human rights and citizens' rights are reduced, and there are violations, the more they must be timely discovered and processed.