A Methodology for Human Rights Protection: The European Court of Human Rights vs. Social Entropy Cover Image

Žmogaus Teisių Apsaugos Metodologija: Europos Žmogaus Teisių Teismas Vs Sociumo Entropija
A Methodology for Human Rights Protection: The European Court of Human Rights vs. Social Entropy

Author(s): Gediminas Mesonis
Subject(s): Human Rights and Humanitarian Law, Political Philosophy, Philosophy of Law, Methodology and research technology, EU-Legislation
Published by: Visuomeninė organizacija »LOGOS«
Keywords: Human rights; The European Convention on Human Rights; social entropy;

Summary/Abstract: The article analyzes that democratic states not only declare that they recognize the priority of human rights and freedoms, but that they also treat the respect for human rights and freedoms as an ideological foundation of their states. A value-based nature of human rights and freedoms does not mean that there is no continual discourse in democratic states over the content of human rights and over the concrete form, scope, and limits of the expression of human rights and freedoms. In any social milieu, discourse over the content of human rights and freedoms is a permanent reality in the evolution of democratic states. The diverse historical, political, cultural, social, and economic experiences of particular countries explains how the content of human rights and freedoms actually differs between democratic states, even where they share common views on fundamental principles. Every state naturally goes through separate stages of the historical development of human rights and freedoms. The scope of the protection of human rights and freedoms in a particular country is subject to continuous change, which, although having been determined by certain objective circumstances, may be assessed as either an advantage or a disadvantage.

  • Issue Year: 2014
  • Issue No: 80
  • Page Range: 45-57
  • Page Count: 13
  • Language: Lithuanian