HUMAN RIGHTS RESTRICTIONSIN THE UNIVERSAL DECLARATION OF HUMAN RIGHTS: LEGAL AND AESTHETICA SPECTS
Journal Title: Вісник Національної академії правових наук України - Year 2018, Vol 1, Issue 3
Abstract
Premordial significance of the research is determined by the special status of the Universal Declaration of Human Rights – document, provisions of which are regarded to be the norms of the international customary law and its’ acknowledged principles. Research of the legitimate limitations of human rights institution as the element of the composition structure of the Declaration allows to rethink philosophical basics of aforementioned institution, that usually lack attention in the course of branch legal researching. The aim of the article is to find out the social esthetic foundations of the legitimate limitations of human rights institution and clarification of legal technical particularities of general conditions formulation of the legitimacy in aforementioned Declaration. Methods of research. Combination of the dialectic, structural and hermeneutic methodology approaches in the course of the Declaration research allows to identify in this document social esthetic elements of the human rights limitation institution. Results. The author argues that ideas of the personalism as the kind of communitarian social philosophy are the ideological sources of human rights restrictions institution. The equilibrium’s principles of the free development of human personality and the preservation of the community’s integrity, which are the condition of such development, also the correlation between human rights and duties’ are in accordance withpersonalistic ideal of social harmony. The Declarationlays the foundations for the International Law standards of legal restriction’s tools, but it had not differentiated all the elements of the mentioned tools. The exceptionality, the formal certainty and the exhaustive list of the restriction aims are the Universal human rights restriction institution principles in the International law. There is the lack of «the social necessity of the restriction» as human rights restriction’s principle in The Declaration, but this principle had been identified in the other elements of the International Bill of Human Rights.
Authors and Affiliations
Serhii Rabinovych
Keywords
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- EP ID EP496846
- DOI 10.31359/1993-0909-2018-25-3-46
- Views 191
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