Article | Towards the Origination of a Doctrine of Fundamental Human Rights |
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Authors | PETRO RABINOVYCH |
Name of magazine | Legal journal «Law of Ukraine» (Ukrainian version) |
Issue | 1 / 2022 |
Pages | 23 - 38 |
Annotation | The article summarizes some results of research activities in the field of the theory of human rights, achieved over the past 30 years by scholars of the Faculty of Law of Ivan Franko National University of Lviv and the Lviv Laboratory of Human Rights of the National Academy of Legal Sciences of Ukraine. These results can serve as the foundation of the modern national doctrine of fundamental human rights. The article aimed to substantiate the heuristic nature of the demanding methodological approach to the general theoretical study of key aspects of human rights topic. The main results of the mentioned Lviv research include, first of all, the definition of the general concept of human rights, according to which they represent certain human capabilities that are required to meet the needs of its existence and development in specific historical conditions, are determined (by their content and scope) by the achieved level of development of the relevant society and are provided by the responsibilities of other actors. As mentioned in the European Convention on Human Rights of 1950, such terms as their “content” and “scope” can be interpreted as respectively qualitative (substantive) and quantitative characteristics of such rights. International human rights standards should be considered as enshrined in international acts or documents, textually unified and functionally universal (for certain international associations of states) principles and norms that fix the minimum necessary or desired content and / or scope of such rights, determined by the achieved level of development of society, that establish the responsibilities of states for their promotion, protection and defense and provide negative consequences of a legal or political nature for their violation. The initial, absolute standards are, firstly, attention to human dignity and, secondly, the prohibition of inhuman treatment. In this regard, the author’s definition of the concept of human dignity, as well as the concept of human behavior is proposed.
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Keywords | the concept of human rights; demanding research approach; the content and scope of human rights; international human rights standards; the limits of human rights; the grounds for restrictions |
References | Bibliography
Authored books 1. Holovatyi S, Pro liudski prava: Lektsii (Dukh i Litera 2016) (in Ukrainian). 2. Krestovska N, Matvieieva L, Teoriia derzhavy i prava: Pidruchnyk. Praktykum. Testy (Iurinkom Inter, 2020) (in Ukrainian). 3. Rabinovych P, Pankevych I, Zdiisnennia prav liudyny: problemy obmezhuvannia (zahalno-teoretychni aspekty) (Astron 2001) (in Ukrainian). 4. Skakun Olha, Teoriia prava i derzhavy: pidruchnyk (4-te vydannia, Pravova yednist 2014) (in Ukrainian).
Edited books 5. Koziubra M (red), Zahalna teoriia prava: pidruchnyk (Vaite 2015) (in Ukrainian). 6. Petryshyn O (red) ta inshi, Zahalna teoriia prava: pidruchnyk (Pravo 2020) (in Ukrainian).
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