Human rights: term, concept, legal and other aspects

Abstract

We encounter human rights at every step, whether it’s about their recognition and guarantee, about the means to ensure their realization, or about the violation of those rights. It is a legal institute of both national and international law, but it is also a phenomenon that has many other faces. In this regard, after giving a short presentation on the term and concept of human rights, the paper points out that, depending on the context, human rights mean different matters, such as a special «concept» (the idea that there are certain human rights, which are inalienable and independent of the will of the state); basic legally protected human rights; specific legal solutions; situation in practice; clearly defining the human rights of certain beneficiaries; human rights law as a branch of law, especially international law; etc. Noting that human rights can be understood in various ways, the author gives their narrow definition, according to which it is a set of certain entitlements and privileges that are recognized to each human being or members of a certain category of people (a group and its members) that as such enjoy special legal protection. After considering various dimensions of human rights (philosophical, ideological, political, economic, etc.), the author emphasizes that the most important is the legal dimension, because human rights are inseparable from law as a social phenomenon, i.e. a normative order (objective law) while at the same time they represent legally protected interests of individuals and groups (subjective law). Taking a closer look, law defines: what are human rights, which rights are legally protected and what is their content, who are the enjoyers of certain rights, who are the bearers of legal obligations, what are the mechanisms for realizing the guaranteed rights, which are the mechanisms of supervision over how established solutions are implemented, and other issues, such as the procedure and method of correction of established violations of human rights, punishment for violation of human rights, etc. Seen from another angle, the role of law is reflected in: 1) norming (legal regulation); 2) creation of conditions and mechanisms for the realization of human rights; 3) supervision over the implementation of established solutions and, if necessary, making the necessary corrections; 4) ensuring satisfaction in the sense of creating conditions for compensation of material and moral damage and realization of those solutions and 5) punishment for violation of human rights. An integral part of the legal dimension should also be the undertaking of normative, organizational and functional efforts to prevent the abuse of human rights.