Proceedings of the IX International Scientific and Practical Conference “Current Problems of Social and Labour Relations" (ISPC-CPSLR 2021)

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“Decent Human Life” as a Category of Constitutional Law

Authors
Natalja Averyanova1, *, Ekaterina Toguzaeva2, Natalia Tyumeneva3, Svetlana Yakusheva4
1Professor of the Department of Constitutional and Municipal Law of Chernyshevsky Saratov National Research State University named after N.G. Chernyshevsky, Saratov, Russia
2Head of the Department of Civil Law and Procedure Saratov National Research State University named after N.G. Chernyshevsky, Saratov, Russia
3Head of the Department of Theory of State and Law of the Saratov National Research State University named after N.G. Chernyshevsky, Saratov, Russia
4Associate Professor of the Department of Prosecutor’s Supervision and Criminology, Saratov State Law Academy, Saratov, Russia
Corresponding Author
Natalja Averyanova
Available Online 22 February 2022.
DOI
10.2991/assehr.k.220208.005How to use a DOI?
Keywords
Decent human life; Human rights; Social policy; Life quality
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 it.

Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

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Volume Title
Proceedings of the IX International Scientific and Practical Conference “Current Problems of Social and Labour Relations" (ISPC-CPSLR 2021)
Series
Advances in Social Science, Education and Humanities Research
Publication Date
22 February 2022
ISBN
978-94-6239-541-1
ISSN
2352-5398
DOI
10.2991/assehr.k.220208.005How to use a DOI?
Copyright
© 2022 The Authors. Published by Atlantis Press SARL.
Open Access
This is an open access article under the CC BY-NC license.

Cite this article

risenwbib
TY  - CONF
AU  - Natalja Averyanova
AU  - Ekaterina Toguzaeva
AU  - Natalia Tyumeneva
AU  - Svetlana Yakusheva
PY  - 2022
DA  - 2022/02/22
TI  - “Decent Human Life” as a Category of Constitutional Law
BT  - Proceedings of the IX International Scientific and Practical Conference “Current Problems of Social and Labour Relations" (ISPC-CPSLR 2021)
PB  - Atlantis Press
SP  - 27
EP  - 31
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.220208.005
DO  - 10.2991/assehr.k.220208.005
ID  - Averyanova2022
ER  -