THE INTERPLAY BETWEEN HUMAN RIGHTS AND CIVIL LIBERTIES: INSIGHTS FROM COVID-19 PRACTICES
DOI:
https://doi.org/10.52026/2788-5291_2024_77_2_327Keywords:
human rights, civil rights, COVID-19 coronavirus pandemic, state of emergency, right to free movement, personal non-property rights, civil relationsAbstract
The state of emergency imposed on the basis of the COVID-19 coronavirus pandemic, which had a significant impact on the normal way of life of society, during which the rights and freedoms of people and citizen, guaranteed and protected by the norms of normative legal acts at the international and national levels, were restricted. Within the territory of the Republic of Kazakhstan, a temporary restriction on the right to free movement was imposed, which was justified by the implementation of temporary measures approved by the Decree of the President of the Republic of Kazakhstan. Upon studying the temporary measures outlined in the Decree of the President of Kazakhstan, it has been established that the right of individuals to free movement underlies all implemented measures.
Therefore, based on this right, within the framework of the article there is a need to understand the relationship between the concepts of "human rights" and "civil rights", since the applicability of legislative acts and norms to limited rights and freedoms may vary depending on the category. These categories are based on common moral principles, have a common legal basis and are integral parts of the legal status of an individual. These rights form a complex system of interrelated phenomena. For this reason, it is obvious that a careful comparison of the categories of human rights and civil law, the disclosure of the links between them by considering their characteristics and classifications allows us to identify these concepts more deeply.
Along this path, as the author studied the norms of normative legal acts at the international and domestic levels, it was determined that civil rights are based on human rights. Nevertheless, with regard to the procedure for restricting human and civil rights, shortcomings in the norms of legislative acts have been identified.