LEGAL NATURE OF THE PERSON NON-DISCRIMINATION PRINCIPLE

Abstract

Problem setting. The phenomenon of discrimination existed during the whole human history, starting from the appearance of the countries. But only in the middle of XX century under the international legal system the principle of non-discrimination was identity, which forbade discrimination and sought to guarantee every member of human society equal scope of rights and freedoms. Prohibition of discrimination on the international level has become a powerful impetus for the emergence of the relevant rules within national legal systems. In a relatively short period of time a large number of international and national laws and regulations aimed in fighting discrimination. Through the efforts of the international community and individual countries in the fight against discrimination were achieved considerable success, thanks to which many categories of people have gained rights and freedoms.

Analysis of resent researches and publications. Issues of non-discrimination in different time pay attention such scholars as A.H. Abashidze, S.A. Avakyan, V.A. Kartashkin and others. Among the Ukrainian authors some aspects of the principle of equality, and thus the prohibition of discrimination covered in the works of M. Buromenskiy, V.G. Butkevych, L.G. Zablotska, S.V. Isakovich, P.A. Nedbaylo, I.V. Nikolaiko.

Great contribution to research and address the problem of foreign labor brought international lawyers: E. Bastilla, Boutros-Ghali, M. Bossuyt, T.van Bowen, D. Chen, E. Vierdaha, S. D 'Ammuna, E. Daes, X. D' Ingles Dien D., F. Kapotorto, LV Keros, V. Makkiana, MA Martinez, M. Robinson, V. Saar, E. Santa Cruz, R. Stavenhahen A. Hendrix, A. Eide.and others.

Article’s main body. In the article the question of determination of the legal nature of the principle of non-discrimination. Deals with its place and role in the system of international law. The paper also devoted to the consolidation of the principle of non-discrimination in international agreements and the practical aspects of its implementation. The author drew attention to the fact that the principle of non-discrimination is a peremptory norm of personality jus cogens.

Conclusions and prospects for the development. Summarizing, we can give the following definition of the principle of non-discrimination of the individual - is universally recognized norms of international law, which is to ban differences in the legal status of people - possession unequal terms of human rights - provided that this difference: a) based on natural or social attributes of people - gender, race, religion, etc., that do not affect the use of specific rights, b) sent in violation of legal equality, that is guaranteed by the state equal to the exercise of the same scope of rights and freedoms.