To the question of natural rights and acquired rights: the problem of pri- ority and values
Journal Title: Правова держава. Щорічник наукових праць (Pravova derzhava) - Year 2016, Vol 27, Issue
Abstract
The article provides a theoretical rationale for the distinction between the natural, inalien- able human rights and those rights that are acquired and sometimes called “new rights” of man. Revealed negative trends of contemporary processes of liberalization of social values that leads to the implementation in the Ukrainian legislation such ideological terms as “sexual ori- entation” and “gender identity” and the like. All this happens because of the lack of constructive dialogue between the state and soci- ety, the scientific character is ignored as a principle of law, which implies: consideration of scientific knowledge about the need for adoption of the act; attentive to scientific doctrines; necessity for consideration of the forecast impact of the adoption of an act and the like. It is emphasized that the modern concept of human rights relies on the concept of natural law, according to which all persons are by nature free and endowed with equal rights. In lawmaking, as in the legislature, should reflect the main ideas of natural law, which combines all the most important human values. In a world with rapidly spreading tendency to deviate from the normative and universal- ly accepted moral and Meryl, and installed so-called “new rights” of man, which originate not from natural reason and by their nature they deny the true nature of law, natural law, howev- er, they are legalized, implemented under the guise of freedom, liberal values which do not expressly deny basic human rights, but complementary to, the content is actually illegal and harmful elements. In connection with this, there are certain variations between natural law and positive law, when there is a third aspect, a subjective way, taking into account the abilities, aptitudes and freedoms of the individual. And such a subjective way, to meet the personal interests and lib- erties, are born now “new rights” that are not a natural measure of justice. Our state is embarking on a path of integration reforms should focus not only on the vis- ible, exterior improvements in certain aspects of society, but primarily on the ideological nature of such transformations. Today it is safe to say that homosexuality is actively seeking to take credit, and even a priority in public ideology. The terms “sexual orientation” and “gen- der identity” is sageraven concepts. And the problem of discrimination in this case is basical- ly artificially formulated, it is part of the ideological strategy of sexual minorities. Experts see at least a few practices that cause severe social rejection in the post-Soviet space, but which are being actively implemented in Europe arising from the modern system of European values, namely the erosion of the traditional family (in particular, juvenile jus- tice, same-sex marriage) the tolerance of the promotion of homosexuality, the legalization of “soft drugs”. In Ukrainian society popularized by the false belief that there is no other way to Europe, through the legalization of rights of sexual minorities. Moreover, members of the LGBT com- munity is not limited to the removal of the so-called discrimination against them in employ- ment rights. In particular, it is proposed: the Verkhovna Rada to eliminate all provisions in Ukrainian legislation that result in discrimination on grounds of sexual orientation and gen- der identity; to adopt a law on registered partnership for same-sex couples. As a conclusion States that these phenomena are not able to complement the range of basic, inalienable human rights, as are acquired and do not appear at birth; humiliate the dig- nity of man and contribute to the development of her individuality.
Authors and Affiliations
Olena Lvova
Keywords
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