Service Procedures vs. human rights Cover Image

Služobné zákroky vs. ľudské práva
Service Procedures vs. human rights

Author(s): Miroslav Felcan
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Univerzita Palackého v Olomouci
Keywords: Police Force;police;traffic police service;a service of riot police;police action;police action;business activity;police action;the fundamental rights and freedoms;human rights

Summary/Abstract: The study is one of the outputs of the APVV-17-0217 project „Staffing of police officers and application of the principle of proportionality in criminal and administrative law. The article is aimed at the clarification the basic conditions of tolerable interference with human rights by police action in the Slovak Republic. To define them at the end of follow-up work clarifying the obligation to minimize interference with human rights principles in the form of minimizing harm to human rights by police action. Human rights belong to those concepts that have become a normal part of everyone's vocabulary without connection with a specific definition. Everyone has their own definition and their own ideas about human rights. However it may sound paradoxical, this variability of views best describes the definition of human rights because they are tightly linked and resulting from originality of each human person. It is not important or intellectual ability of this personality that can affect the entire width of the content of human rights, because their width is not determined by the individual will, but by the objective reality. A man doesn´t choose human rights and doesn´t produce them. Everybody is simply born with human rights and not gives them up, and even execution of some of them are forced him against his will. An example may be necessary defense, as part of a fair criminal trial. More difficult situation in the understanding of human rights may occur in to define a particular interest group of people, professional status, or corporation. There is access to human rights differs from common interest groups, which it prefers. In any case knowledge of human rights, and it´s not from the view of subjective ideas about its content but in terms of their objective existence it is a prerequisite for any professional activity, particularly activity carried out in order to protect the rights and freedoms in terms of interest law. At this point of view it is important to understanding human rights and freedoms of police officers. Getting to know the content of individual human rights and freedoms is still very difficult, because despite the stability of principle values on which human rights and freedoms are based, the content definition of human rights is characterized by considerable dynamism.

  • Issue Year: 13/2018
  • Issue No: 3
  • Page Range: 21-45
  • Page Count: 25
  • Language: Slovak