Legal directions on human rights interpretation: international and legal aspect
Journal Title: Альманах міжнародного права - Year 2016, Vol 13, Issue
Abstract
The article deals with the issue of heterogeneous view towards the content of human rights within different states – members of international treaties. The author analyses the process of adoption of Universal Declaration of Human Rights, and the provisions of International Covenant on Economic, Social and Cultural Rights. The process of adoption of the extremely important instrument itself, namely Universal Declaration of Human Rights, has shown the absence of the similar approach towards understanding of the essence and the content of the “standard of human rights”. While voting for Universal Declaration of Human Rights several states-members kept back, among them there were “the USSR and its “satellites” – Belarus SSR, Ukrainian SSR, Czechoslovakia, Poland and Yugoslavia. Considerable misunderstanding concerned the philosophic basis of the nature of human rights; particularly it referred the supporters of natural and legal theory, social law and Muslim law. Attention is paid to the practice of the European Court of Human Rights concerning bearing in mind national legislations peculiarities. The author concludes that human rights consolidation within the international contracts is an important step on the way of their realization. Nowadays it is possible to say about the existenceof the universal international and international regional standards of human rights. But the recognition of the separate human rights by a state-member of the international treaty does not necessarily mean similar understanding of the content of those rights, which is connected with the different place of human rights within the system of cognitive hierarchies, peculiarities of the world outlook of the appropriate people, state of development of the society and other factors. Taking into account such conditions, it is vitally important to understand the text of the international treaty right in order to use it in accordance with the aims of its adoption. The European Court of Human Rights while deciding on juridical internally state conflict takes into consideration the peculiarities of the national legislation, specific historical and social circumstances of a case.
Authors and Affiliations
О. В. ЛЕГКА
Keywords
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