A Historical Study of Contemporary Human Rights: Deviation or Extinction? Cover Image

A Historical Study of Contemporary Human Rights: Deviation or Extinction?
A Historical Study of Contemporary Human Rights: Deviation or Extinction?

Author(s): Tanel Kerikmäe, Ondrej Hamuľák, Archil Chochia
Subject(s): History of Law, Human Rights and Humanitarian Law, EU-Legislation
Published by: Tallinna Tehnikaülikooli õiguse instituut
Keywords: EU charter; generations of human rights; history of human rights; individual values; international legal standards; theoretical framework; state sovereignty;

Summary/Abstract: Human rights is a core issue of continuing political, legal and economic relevance. The current article discusses the historical perceptions of the very essence of human rights standards and poses the question whether the Realpolitik of the changed world and Europe can justify the deviation from the “purist” approach to human rights. The EU Charter, as the most eminent and contemporary “bill of rights”, is chosen as an example of the divergence from “traditional values”. The article does not offer solutions but rather focuses on the expansive development in the doctrinal approach of interpreting human rights that has not been conceptually agreed upon by historians, philosophers and legal scholars.

  • Issue Year: 4/2016
  • Issue No: 2
  • Page Range: 98-115
  • Page Count: 18
  • Language: English