Human Rights and Freedoms as the Fundamental Values of Democratic Society Cover Image

Људска права и слободе као основне вредности демократског друштва
Human Rights and Freedoms as the Fundamental Values of Democratic Society

Author(s): Maja Nastić
Subject(s): Constitutional Law, Human Rights and Humanitarian Law
Published by: Правни факултет Универзитета у Источном Сарајеву
Keywords: Human rights; Constitution; Value; Democratic society;
Summary/Abstract: Starting from the fact that human rights are fundamental values of each constitution of the democratic state, the focal point of the paper is their importance for the whole legal order. Human rights as the fundamental values of democratic society are directly related to the principle of the rule of law. Therefore, if human rights are not guaranteed and protected in a state, one can not talk about a society based on the rule of law.The paper points to the multidimensional nature of human rights; they are regarded as subjective rights, then as a basic element of an objective order, but also they contain the most important values of contemporary society and democratic organization.After the Second World Word, with the trend of internationalization of constitutional law, human rights outgrew national borders. This created international human rights law, which reflected common values, while constitutional rights have remained in the function of achieving values in national framework.The Serbian Constitution devotes considerable attention to the human rights issues. It is emphasized that provisions on human and minority rights should be interpreted to the benefit of promoting values of a democratic society, pursuant to valid international standards in human and minority rights, as well as the practice of international institutions which supervise their implementation. The constitutional guarantees of human and minority rights have the purpose of preserving human dignity and exercising full freedom and equality of each individual in a just, open and democratic society based on the principle of the rule of law. The valuable content of human rights, which the Constitution has set out, its final form gets into the jurisprudence of the Constitutional Court of Serbia.