Megatrend Revija (Jan 2016)
The nature of human rights
Abstract
In the first part of the paper, the author points out that, unlike in the past, in our time human rights developed into a fair legal institution, and even a special system. They are formulated and protected both internally and internationally. The second part deals with the approach according to which human rights are part of the so-called. natural law. The author notes that the theory of natural law can not be accepted for many reasons. It is pure construction, which is far from reality, and besides it is unnecessary. Law and thus human rights as a part of it, is a social creation, developing along with the society itself, whereby, in the longer term, advanced norms in the matter of human rights replace obsolete ones. Life and human needs are the ones who impose such development. In the third part the writer notes that since under human rights one can have in mind various things, at least such a special concept and, on the other hand, specific rights, it is not possible to give a single answer to what is the nature of human rights. It is even harder as human rights, have a variety of dimensions - legal, philosophical, ideological, political, economic, social, educational, etc. However, he gives his view of the main characteristics of the modern concept of human rights. In the fourth part, the author notes that, speaking not about the concept, but human rights as such, their main characteristics are that they are: 1) source - belong to anyone on the grounds that he is a human being (general rights) or a member specific vulnerable groups (special rights); 2) universal - belong to everyone or all members of vulnerable groups, without any discrimination based on personal characteristics, and on the other hand, the most important such rights shall be recognized in all states; 3) inalienable - one can not give up or else share his basic human rights, such as the right to life, the right to vote, etc.; 4) somewhat different - although, in principle, all people have the same basic human rights, that all members of the vulnerable group share the same special rights, legal reality of each individual is different, depending on the objective factors, which are not intended any discrimination (nationality, professional qualifications, age, length of service, disability, belonging to a national minority, etc.). The aforementioned characteristics also indicate the nature of human rights.
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