Evolution And Transformations Of Human Rights Cover Image

Еволуција и преображаји људских права
Evolution And Transformations Of Human Rights

Author(s): Sreten M. Jugović, Dragutin Avramović, Darko Simović
Subject(s): Law, Constitution, Jurisprudence
Published by: Универзитет у Нишу
Keywords: human rights; natural law; positive law; ideologization; globalization

Summary/Abstract: Since their emergence in ancient times - although in rudimentary form - human rights have continually evolved and have undergone multiple transformations. The initial stage in the development of human rights is characterised by their extremely modest and restrictive practice, as well as by the emergence of the first ideas of natural law that did not tend to change the unjust social reality. The stage of institutionalisation, which began in the Middle Ages, is characterised by the struggle to reduce the monarch's absolute power. This process has enabled a gradual recognition of human rights, primarily the guarantees of personal liberty and security. The process of constitutionalization of human rights, which began with glorious revolutions in the USA and France, was inspired by medieval ideas of natural law. At the time, the natural law theories were actualisedfor the first time in their history. The next stage in the development of human rights occurred after World War II, with the beginning of the process of their internationalisation and the emergence of human rights protection mechanisms at the international level. Nevertheless, in the recent decades of their development, through conversion into an ideology, human rights have increasingly become a means for manipulation. With their relativization and the growing trend of removing the line between rights and morality, there appeared interpretations that could justify (or condemn) very different life situations and thus present the basis for the application of double standards. Accordingly, human rights must be redefined and freed from association with natural law features; otherwise, they will remain a means for manipulation and pursuit of ethically (non)controversial political goals.

  • Issue Year: 2013
  • Issue No: 04
  • Page Range: 1527-1553
  • Page Count: 27
  • Language: Serbian