Category of human rights in the plane of scientific discourse

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Category of human rights in the plane of scientific discourse

Journal Title: Альманах права - Year 2018, Vol 9, Issue 9

Abstract

For the Ukrainian society at the stage of modern, democratic transformations, the phenomenon of human rights and freedoms becomes of key importance. Human rights are studied along with such categories as freedom, equality, dignity, and so on. as a complex, and can be associated with each of these categories separately. And such studies enrich the scientific legal doctrine and contribute to the improvement of the Institute of Human Rights itself. Today, the problem of protecting human rights appears to be required both at the level of international legal relations and at the level of national legislation. The world community has confirmed its desire to protect man and his rights. The result was documents such as the Universal Declaration of Human Rights of 1948, the Convention for the Protection of Human Rights and Fundamental Rights of 1950, the European Social Charter of 1961, and others. In particular, the course of our state to European standards in this field involves the harmonization of national legislation in accordance with these standards, the main value of which is recognized by man. The issues under investigation are very important for the following reasons: the historical preconditions of the concept, the interest in the issues of natural human rights throughout the period of the development of European philosophy indicate the world of practical, scientific and philosophical significance of these ideas for all types of societies; the concept of natural law contributes to the solution of the problem of the transition of a post-totalitarian, authoritarian society to a rule of law and a democratic civil society, to reveal the specificity of their interrelations; taking into account the national features of the country, the Ukrainian national idea, the concept of natural law can be successfully applied in the context of the justification of state and social construction in the transitional society of Ukraine; the concept reflects the world experience of the common life of people separated by personal selfish interests, but able to coordinate and overcome the contradictions on the basis of the common adoption of a universal law for all. The decisive influence on the establishment of human rights was built on the liberal concept of the natural-legal doctrine, which established the priority of human rights, new parameters of the relationship between the individual and the authorities. The ideological and doctrinal justification – the doctrine of natural human rights, which do not depend on the discretion and arbitrariness of state power, played an important role in the adoption of human rights and freedoms, and the purpose of the latter is to secure the rights determined by nature. Нuman freedom – the original concept in the problem of human rights and citizen. Distinguish natural human rights, that is, associated with its very existence and development, and acquired, which mainly characterize the socio-political status of man and citizen (the institution of citizenship, the right to participate in the resolution of public affairs, etc.). Of course, in the absence of human freedom, she can not own and actually enjoy their rights. It is freedom that creates the conditions for the real acquisition of rights and their implementation, on the other hand, human rights consolidate and specify the ability to act within the limits established by its legal status. As for the rights of a citizen, they are due to the sphere of human relations with society, the state, their institutions. The basis of this type of rights is the affiliation of a person to a state of which he is a citizen. Human rights are prioritized in relation to the rights of a citizen. Human rights apply to all people who live in one or another state, and the rights of a citizen – only to those who are citizens of a particular country. The category of human rights is based solely on the relationship between man and authority. Human rights are the limits of power. They determine the sphere of human life in which the power (state) cannot interfere with those duties that the state has with respect to a person. The relationship between man and government implies a special character: «The concept of human rights is based on three provisions: 1) each power is limited; 2) Everyone has his own autonomous world, which cannot interfere with any power; 3) Every person defending his rights may put forward claims to the state». Human rights are guaranteed by the state in Ukraine, although they are not legally recognized as a naturally inherent person. A person, as part of a civil society, must realize himself as a goal and the highest social value.

Authors and Affiliations

Tetiana Chepulchenko

Keywords

Theoretical and legal aspects of the formation of a national idea in the conditions of transitivity of the Ukrainian society

The process of formation of different directions of objective scientific analysis of the problems of the theory of state and law is researched; the analysis of the national idea in the transformation processes of cogniti...

EP ID EP545239
DOI -
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