The Problem of Ensuring the Right to Associate at the Present Stage: International Acts and Realities
Ensuring the right to associate is one of the main factors indicating the level of democratization of modern states. The right to associate, together with all other human rights and fundamental freedoms, is explicitly determined in the constitutions of numerous states of the World. Obviously, constitutional human rights and fundamental freedoms are the rights established in the constitution and safeguarded by the state. These rights create opportunities for every citizen and person to determine the type and size of behavior, to take advantage of social welfare given to him for the sake of his own and public interests. According researchers, rights and freedoms are two forms of expression of legal possibilities defined by law. It means, a person has the possibility to choose his/her own forms of behavior. The term “right” within the meaning of law refers to the choice of using social welfare. The use of the term “freedom” is more expedient if it refers to the level of behavior. In this regard, the right to associate characterized as a possibility to choose both the form and level of behavior. This manuscript deals with the problem of the right to associate in the context of civil society.