To the issue of non-discrimination on the ground of identity
Tovpeko Y. To the issue of non-discrimination on the ground of identity
In the article is investigated the concept and nature of identity as self-determination, self-identification as a representative of a particular social group in the context of the rights and freedoms of man and citizen. It is proved that the identity itself cannot be a basis for discrimination. Attention is drawn to the importance of the immediate implementation of the principle of respect for the identity of the person, combating and prevention of marginalization and demonization of minorities.
The principle of respect for the identity of the person, the right of each person to live in harmony with their identity, the guaranteed respect for the identity and this peaceful co-existence of heterogeneous identities within a society is the basis for the modern concept of human rights. Only the law is an effective tool designed to promote equality, tolerance and respect for honor and dignity and the regulator of social interaction, which has been able not only to encourage and promote multiculturalism, pluralism and protect the rights of everyone, but also make redress within and manner specified by law.
It is important to note that the modern culture is characterized by the intensification of the process finding the identity, multiculturalism trend and the increasing movements of minorities against discrimination and social exclusion. However, the process of perception of other identities and minorities by particular society and recognition of their right to exist, accompanied by the formation and improvement of a certain amount of anti-discrimination legislation of the state, is accompanied by the search for a new relationship between law and morality and the respective aggravation of contradictions.
The respect for human rights and freedoms, equality and pluralism are the highest criteria of development of the human civilization. The level of promotion of the protection and realization of defense of vulnerable social groups is the best indicator of the actual implementation of the principles of inviolability and security of the rights and freedoms of man and citizen, the degree of tolerance and protection of citizens’ rights in general in the state. It is important to note that minorities as social groups with distinctive identities do not require giving them any new rights but to emphasize the problem of discrimination, calling for the real implementation of the principle of equality, declared by international acts on human rights of international importance, and the constitutions of states, including the Constitution of Ukraine.
An immediate implementation of the principle of respect for the identity of the person, counteraction and prevention of marginalization and demonization of minorities and the peaceful coexistence of majorities and minorities within a single society contribute to honoring the rights and freedoms of man and citizen and is objectively an important task of the state and the Ukrainian society. Strengthening democracy and the rule of law would be impossible without the establishment of equality, tolerance and respect for the dignity of each.
Keywords: identity, human rights, minorities, globalization, multiculturalism, pluralism.