Natalja N. Averyanova, E. Toguzaeva, N. Tyumeneva, S. Yakusheva
{"title":"“Decent Human Life” as a Category of Constitutional Law","authors":"Natalja N. Averyanova, E. Toguzaeva, N. Tyumeneva, S. Yakusheva","doi":"10.2991/assehr.k.220208.005","DOIUrl":null,"url":null,"abstract":"The article is devoted to analysing the content of such a category of constitutional law as \"a decent human life\". It is determined that its legal institutionalisation is the result of the evolutionary development of Russia and other states that have taken as a basis the recognition of a person, his civil liberties, as the highest value. The category's content under the study is primarily determined from a formal legal approach, based on a literal interpretation of Article 7 of the Constitution of the Russian Federation. It is concluded that in this regard, the category of \"decent human life\" reflects the degree of his social security, depending on the effectiveness of ensuring social rights and the implementation of social policy of the state. However, the deeper content of the analysed category allowed us to formulate an axiological approach. According to it, the human right to a decent life, which is not formally enshrined in the text of the Constitution of the Russian Federation, is revealed, the content of which should include all aspects of human life and activity, and not only social ones, the guarantee of which provides him with a quality of life that will allow him to define his life as worthy. It is concluded that the right to a decent life has a unique legal nature different from other constitutional rights. It is defined as a right-purpose, and other constitutional rights in this context are understood as rights-resources to ensure","PeriodicalId":257865,"journal":{"name":"Proceedings of the IX International Scientific and Practical Conference “Current Problems of Social and Labour Relations\" (ISPC-CPSLR 2021)","volume":"1 1","pages":"0"},"PeriodicalIF":0.0000,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Proceedings of the IX International Scientific and Practical Conference “Current Problems of Social and Labour Relations\" (ISPC-CPSLR 2021)","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.2991/assehr.k.220208.005","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
引用次数: 0
Abstract
The article is devoted to analysing the content of such a category of constitutional law as "a decent human life". It is determined that its legal institutionalisation is the result of the evolutionary development of Russia and other states that have taken as a basis the recognition of a person, his civil liberties, as the highest value. The category's content under the study is primarily determined from a formal legal approach, based on a literal interpretation of Article 7 of the Constitution of the Russian Federation. It is concluded that in this regard, the category of "decent human life" reflects the degree of his social security, depending on the effectiveness of ensuring social rights and the implementation of social policy of the state. However, the deeper content of the analysed category allowed us to formulate an axiological approach. According to it, the human right to a decent life, which is not formally enshrined in the text of the Constitution of the Russian Federation, is revealed, the content of which should include all aspects of human life and activity, and not only social ones, the guarantee of which provides him with a quality of life that will allow him to define his life as worthy. It is concluded that the right to a decent life has a unique legal nature different from other constitutional rights. It is defined as a right-purpose, and other constitutional rights in this context are understood as rights-resources to ensure