Notion of Human Rights Cover Image

Pojam ljudskih prava
Notion of Human Rights

Author(s): Boris Krivokapić
Subject(s): International Law, Human Rights and Humanitarian Law
Published by: Institut za uporedno pravo
Keywords: Human Rights; Human Rights Law; International Law

Summary/Abstract: The work consists of three parts. The first one deals with the term “human rights” and what is meant by it - a special concept, fundamental legally protected human rights and freedoms, specific legal solutions, what happens in practice, clearly defined human rights and freedoms that belong to specific persons i.e. groups, area of law that regulates human rights, a special subject taught in law schools, etc. After that here it is pointed out a fundamental difference between human rights and freedoms, as well as the distinction between human rights and some similar social phenomenom. In the second part, it was pointed out that human rights are a very complex social phenomenon. Accordingly, an overview of their various dimensions - philosophical, ideological, political, economic, social, educational and legal is given. The third part deals with the legal regulation as a mandatory part of human rights. Here it is emphasized that there are no human rights if they are not legally regulated and it is explained why this is so. It was pointed out that the legal regulation means that human rights are legally guaranteed, that their holders have a legal basis to request their free enjoyment and, if necessary, protection i.e. that, viewed from another angle, the obligations of the state and other entities are legal obligations, mandatory rules of conduct. In other words, non-compliance or violation of human rights is a violation of law as an objective normative order, which means that it entails legal liability. The author emphasizes that in terms of substance, when it comes to human rights, it is no longer issue of good will or discretionary assessment of respective entities, primarily states, but it is a system of legal rules of national and international law, which are intertwined and complementary.

  • Issue Year: 2017
  • Issue No: 1
  • Page Range: 9-20
  • Page Count: 12
  • Language: Serbian