The terminological uncertainty of a category that reflects human capabilities essential for his/her existence and development
Journal Title: Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytety Vnutrishnikh Sprav - Year 2018, Vol 0, Issue 0
Abstract
The study attempts to overcome the termological uncertainty of the category, reflecting the human capabilities necessary for his/her existence and development in a specific historical context. The author has proved that the terms "rights of the man" (human rights), "basic human rights", "constitutional rights", "fundamental human rights", are different in scope, and the terms of the same name bear a different semantic load. The author has proved that the term "human rights" (human rights) in the domestic legal doctrine should be used for the verbal designation of the concept, which reflects all human possibilities, enshrined in universal, regional and subregional international treaties. The term "constitutional rights" should be used as a verbal symbol of the concept, which reflects not only the rights of the person, enshrined in universal, regional and subregional international treaties, but also the rights guaranteed by the individual to a particular state. This explains the widespread use of the term "constitutional rights and freedoms of the man and the citizen" in current national legislation and domestic legal doctrine. The term "fundamental (basic) human rights" should be used for the verbal designation of the concept that reflects human capabilities embodied in universal international treaties recognized at the UN level.
Authors and Affiliations
Valentyna Bonyak
Keywords
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- EP ID EP573467
- DOI 10.31733/2078-3566-2018-5-18-22
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