Some Features of Human Rights Cover Image

K některým znakům lidských práv
Some Features of Human Rights

Author(s): Jaromír Harvánek, Jan Stejskal
Subject(s): Constitutional Law
Published by: Masarykova univerzita nakladatelství
Keywords: human rights; attributes; aspects of universality; differences;

Summary/Abstract: The study points out certain features of human rights on the basis of a concept stated by H.Maier (the attributes of universality, individuality, innateness, and respect of personal freedom as sort of a claim against the state). The authors point out certain distinct aspects of these attributes, while – according to their opinion – the aspect of universality is absent due to the fact that human rights are neither derived from nor based on human nature, and neither is strictly given the condition of them being generally valid.Moreover, these rights are not inborn – on the contrary, they are culturally determined and conditioned phenomena. Likewise, the aspect of them being guaranteed by the state authority seems questionable. Despite certain differences in the perception of human rights which have so far not been fully appreciated, it is necessary to emphasise their irreplaceable role and their unique importance in the social and legal ideology.

  • Issue Year: 16/2008
  • Issue No: 4
  • Page Range: 346-349
  • Page Count: 4
  • Language: Czech