Concept Of Human Rights Research Articles

Problematic aspects of the implementation of legal guarantees of human and citizen rights in Ukraine

The article describes the basic rights and freedoms of a person and a citizen, which are inalienable rights and freedoms enjoyed by a person from birth. They form the basis of the legal status enshrined in the state constitution and enjoy the highest legal protection. The most important and complex relations between people and the relations between the state and the person in legal form are regulated by formulating the rights, freedoms and obligations underlying the legal status of a person, which is one of the most important not only legal, but also juridical. also political categories. The most important features of the rights and freedoms of a person and a citizen are: naturalness, continuity, equality, social justification, respect for international standards, state guarantee. The problem of guaranteeing the rights and freedoms of a person by giving them a real character is not only of a practical nature. In the modern context of the development of the rule of law and civil society, it is important to develop a holistic scientific concept of human rights and freedoms, which covers a wide range of theoretical provisions regarding the essence and content of rights and freedoms, their structure and mechanism. Local self-government bodies play an important role in ensuring constitutional rights and freedoms. A real environment for the existence of human rights is possible in the conditions of a democratic state governed by the rule of law. Democracy, rule of law and human rights are inseparable. The rule of law is a guarantee of the reality of human rights in terms of protection from violations by the authorities, and human rights are the main condition and characteristic of democracy, the humanistic and human dimension of the rule of law. The article concludes that the basis of democracy in the state is the guarantee of the rights and freedoms of man and citizen by the Constitution of the state, not only formally, but also in practice. Therefore, taking into account the individual shortcomings of state bodies in regulating the system of human and citizen rights, the number of human rights organizations is growing day by day, both at the national and international levels. At the same time, the article concludes that it is impossible to build a legal state in a society with developed legal nihilism. And respect for the rights of society can be caused only by concern for the same rights of people and citizens.

Understanding ‘refugee resettlement’ from below: Decoding the Rohingya refugees’ lived experience in Bangladesh

While the resettlement of displaced people often denotes rehabilitation in one way or another, the paper illuminates the paradox of resettlement between repatriation and relocation with the case of Rohingya refugees in Bangladesh. The Rohingya, considered the most persecuted ethnic minority in the world at present as per the United Nations (UN), are an ethnolinguistic and religious minority of Myanmar but at present most of them are living in Bangladesh as refugees. About 750 thousand Rohingyas fled a deadly genocidal attack perpetrated by the Myanmar security forces in 2017 and took refuge in Bangladesh. Combining with the previously living ones, Bangladesh now hosts more than 1.3 million Rohingyas as refugees in 34 temporary camps in Ukhia and Teknaf, two south-eastern sub-districts of Cox’s Bazar. This massive Rohingya presence has heavily impacted the local lives and resources and thereby the local community gradually became reluctant, though not yet hostile, to host them anymore. To accommodate the local pressure, Bangladesh made two consecutive repatriation attempts (the first one on November 15, 2018, and the second one on August 22, 2019) to send the Rohingya back to Myanmar but failed since none willingly returned to their ‘homeland’. The refusal was interpreted as non-cooperation of the international community, and non-preparation on Myanmar's part to accept the Rohingyas back and let them resume their lives safely in the Rakhine state where they used to live. Since the repatriation attempt did not work and local pressures started mounting, Bangladesh initiated a program to relocate a few thousand Rohingya families to Bhasan Char, a newly emerged island located in the Bay of Bengal under Noakhali district. Empirical data reveal that the physical facilities of Bhasan Char seem far better than the same of Ukhia and Teknaf. Still, Rohingya refugees remain reluctant to move due to their entrenched fear of cyclones, floods and tidal surges which, they believe, could wash them away anytime. The entire process of Rohingya relocation to Bhasan Char has created huge debates about whether the Island is safe-liveable for the Rohingya people since it is a twenty-year-old island and there was no experience of people living there. Still, it does not appear to be a convincing plan to resolve the displacement problem of the Rohingya refugees. Given the background, what the Rohingya people articulate their aspiration in the name of resettlement is completely missing in the entire planning and action to redress the Rohingya crisis. Empirical findings show that the majority of Rohingyas are willing to return ‘home’ if three conditions are met: legal recognition amid conferring citizenship, social safety through the deployment of UN peace troops, and human dignity so that they can enjoy all forms of human rights. So, the Rohingya perception of resettlement is repatriation with aforesaid conditions. Therefore, the paper argues that beyond the populist idea of resettlement in the form of rehabilitation or relocation, the whole discourse of resettlement could come up from the bottom and people’s perspectives which could be both crucial and instrumental in policy framing and action planning. The Rohingya refugees desire dignified repatriation with legal recognition and social safety which is largely absent in the activism of the human rights bodies and the action of the international communities as well as the state-level movements. Given the matrix of relocation and repatriation, resettlement takes a central point of discussion and debates whether resettlement could settle the Rohingya crisis in the place of migration. The paper with the experience of decade-long ethnographic research intends to rearticulate the people’s perception and ground-level view of (re)settlement to redress the Rohingya crisis in the interface of repatriation and relocation.

Police custody: preventive or coercive police measure

Police custody: preventive or coercive police measure

Digital human rights: doctrinal principles

The authors note that the digitization of public services has taken place, which has led to the transition of most or at least a significant number of public services to an electronic format and allowed us to talk about the emergence of concepts of electronic state (government) (e-government). The step-by-step transformation of state data management based on digital technologies, the development of complex super-services for citizens and businesses to receive public services in one click (DIY) was called «digital public administration». However, a clear definition and framework of the concept of «digital human rights» has yet to be developed. They seem to cover all human rights in the context of digitization and the development of modern information and communication technologies. It can be considered that this is the field of information law, which regulates human rights related to the use of information technologies. This includes the regulation of relations in the field of personal data processing, publication of information on the network, processing of big data, application of artificial intelligence, etc. The purpose of the scientific article is to consider the concept of digital rights and their implementation in the Ukrainian and European legal space, taking into account the contribution of Ukrainian scientists. The digital revolution that has swept the world has significantly changed the way people communicate, work and live. However, this rapid technological development brings with it new challenges for the protection of human rights. This article examines the concept of digital human rights and their dimensions in the Ukrainian and European context. It is indicated that the study and protection of digital human rights in the modern world requires a comprehensive approach, taking into account both Ukrainian and European experience. The works of domestic scientists testify to the urgency of the problem and indicate the need for further research in this area. Digital human rights are becoming an integral part of modern society, where technology is rapidly changing the way we live and interact. Ukraine, like other countries, faces many challenges in the field of digital rights, which are caused by the rapid development of information and communication technologies. From this context: first, understanding digital rights and their importance becomes a necessity for every member of society. People should be aware of their rights and responsibilities in the digital space, especially regarding the protection of privacy and personal data; secondly, the development of digital rights in Ukraine should take into account the best practices of European countries and global standards. Improving legislation, increasing public awareness and developing cyber defense are aspects that require immediate attention; thirdly, the importance of cooperation between the state, citizens, business and the scientific community. Effective and sustainable solutions to ensure the digital rights of Ukrainians can only be created through joint efforts.

Investigating the Role of Retaliation in Protecting Human Rights

Religion and human rights have different dimensions, one of which is the relationship between retribution and human rights. With the formation of the concept of human rights and the emergence of international assemblies, in some documents published by these assemblies, a tendency towards abolishing the death sentence from the list of punishments is observed. The criminalization of intentional murder, and the legalization and implementation of retaliation in Islam, make it clear that this punishment not only does not violate human rights, but on the contrary, one of its most important goals is to restore human rights. Of course, it cannot be denied that there are aspects of retaliation, such as the execution of children under the age of 18, the difference between men and women, infidels and Muslims, etc. But this contradiction can be removed by applying the reservation, requiring retribution with the permission of the ruler, and applying the most important rule.

Digital human rights: separate doctrinal basis

The authors note that the digitization of public services has taken place, which has led to the transition of most or at least a significant number of public services to an electronic format and allowed us to talk about the emergence of concepts of electronic state (government) (e-government). The step-by-step transformation of state data management based on digital technologies, the development of complex super-services for citizens and businesses to receive public services in one click (DIY) was called “digital public administration”. However, a clear definition and framework of the concept of “digital human rights” has yet to be developed. They seem to cover all human rights in the context of digitization and the development of modern information and communication technologies. It can be considered that this is the field of information law, which regulates human rights related to the use of information technologies. This includes the regulation of relations in the field of personal data processing, publication of information on the network, processing of big data, application of artificial intelligence, etc. The purpose of the scientific article is to consider the concept of digital rights and their implementation in the Ukrainian and European legal space, taking into account the contribution of Ukrainian scientists. The digital revolution that has swept the world has significantly changed the way people communicate, work and live. However, this rapid technological development brings with it new challenges for the protection of human rights. This article examines the concept of digital human rights and their dimensions in the Ukrainian and European context. It is indicated that the study and protection of digital human rights in the modern world requires a comprehensive approach, taking into account both Ukrainian and European experience. The works of domestic scientists testify to the urgency of the problem and indicate the need for further research in this area. Digital human rights are becoming an integral part of modern society, where technology is rapidly changing the way we live and interact. Ukraine, like other countries, faces many challenges in the field of digital rights, which are caused by the rapid development of information and communication technologies. From this context: first, understanding digital rights and their importance becomes a necessity for every member of society. People should be aware of their rights and responsibilities in the digital space, especially regarding the protection of privacy and personal data; secondly, the development of digital rights in Ukraine should take into account the best practices of European countries and global standards. Improving legislation, increasing public awareness and developing cyber defense are aspects that require immediate attention; thirdly, the importance of cooperation between the state, citizens, business and the scientific community. Effective and sustainable solutions to ensure the digital rights of Ukrainians can only be created through joint efforts.

Implementation of Human Rights Education Humans in the World of Elementary School Education

Implementation human rights education in the world of education Elementary School is one of them important part in education in elementary school. Research purposes this is from desire writer in know how Implementation human rights education in the world of education Elementary school. Method used is qualitative descriptive with approach studies literature. Based on results research, researcher get if Implementation human rights education in the world of education Elementary School is method in introduce children to non- discrimination practices since early and also become method in introduce the concept of human rights since early in children. Research conclusions this is implementation human rights education in the world of education Elementary School becomes business in give human rights education since early.

A Review of the Decision of the Constitutional Court of South Africa in the Shilubana Case: Lessons for the Development of Customary Law in Ghana

In the case discussed in this article, the Constitutional Court of the Republic of South Africa was confronted with the issue of the customary law rule of male primogeniture and its discriminatory effects on women regarding chieftaincy succession. The court held that, given that the said customary law practice was discriminatory, it needed to be developed to meet the constitutional human rights value of gender equality. The court’s decision is regarded as the basis for new criteria by which living customary law can be developed further. The article seeks to review the decision of the Constitutional Court and its impact on the development of customary law in general. Against this backdrop, the author proceeds to evaluate and offer a comparative analysis of the judicial and legislative efforts by Ghana and South Africa to promote the development of customary law and whether the decision of the Constitutional Court of South Africa (Constitutional Court) could offer lessons for the development of Ghanaian customary law in general. It is contended that the measures put in place under Ghanaian law to promote the development of customary law are inadequate and thus recommendations for the development of Ghanaian customary law drawing on lessons from the decision of the Constitutional Court are made.

PERAN HUKUM ISLAM DALAM HARMONISASI HAK DAN KEWAJIBAN ASASI MANUSIA DALAM PERSPEKTIF PANCASILA

In principle, Human Rights (HAM) are a basic right that is inherent in every human being because these rights are not a gift from a person, organization or state but are an invaluable gift from Allah SWT, but are priceless from Allah SWT. The concept of harmonization of Islamic law in realizing the implementation of human rights and obligations from a Pancasila perspective can bring good benefits to Indonesian society amidst the sensitivity of the problems occurring in Indonesia. This research examines the concept of human rights from Western and Islamic views and the role of Islamic law in realizing harmonization of human rights and obligations from the Pancasila perspective. This writing uses a type of normative research which is carried out by searching the literature which is then supported by additional data to strengthen this research. Using this normative research method will also help answer the concept of human rights according to Islamic law and the role of Islamic law in realizing harmonization of human rights and obligations from the Pancasila perspective. Results: It is important to remember that Islamic law and human rights cannot be separated absolutely. In Pancasila Law, these two concepts complement each other and must not conflict with each other. This is also in line with Islamic teachings which emphasize the importance of justice and balance in various aspects of life. This principle is in accordance with the teachings of the Islamic religion which emphasizes the importance of justice and equality in society. So, Islamic Law and Human Rights in Pancasila Law have the same goal, namely creating a just and equitable society. The conclusion of this writing is that the relationship between Islamic law and human rights in Pancasila Law is a complementary relationship and cannot be separated. Both have an important role in creating an Indonesian society based on Pancasila, so we must understand and appreciate these two concepts in order to live in harmony and balance in accordance with the nation's noble values.

난민과 국민

This paper explores the dynamics and positionality between refugees and citizens, and ‘the space’ between refugees and citizens through two novel texts. Based on Hannah Arendt and Giorgio Agamben's concepts of nation, refugee, and human rights, the paper will discuss Ele Fountain's Refugee87(2018) and Pyo Myeong-hee's Refugee in a Day(2018) which were published in the UK and Korea respectively. The two novel texts show that even citizens living normally within their countries of origin can become a ‘Homo Sacer’ and a ‘human species in its natural state’ at any moment. The fact that an ordinary citizen is suddenly reduced to a bare life(Homo Sacer) and then a refugee suggests that the boundary among a citizen, a bare life, and a refugee can be moveable and their positionalities are not fixed. The fluidity of citizens and refugees’ positionalities raises doubts about the operating principles that constitute the foundation of the modern nation-state. It can be said that the existence of refugees serves to endanger the originally fictitious national sovereignty.

Human Rights and the Periphery: Righting the Deprivation of the Sama Dilaut as Indigenous Maritime Peoples in the Southern Philippines

The Sama Dilaut identify their source of homeland and identity as peoples of the sea. Despite their procedural rights guaranteed under international and domestic legal instruments, they remain in the periphery within the informal hierarchy of ethnicities, not because they are resource-poor but because they are capability- and freedom-deprived. As opposed to material deprivation, this study focuses on rights deprivation, that is, the alienation of their indigenous context and perspective in human rights interpretation and fulfillment. Using qualitative methods specifically phenomenology and key informant interviews, it first queries their lived experiences of deprivation on land, at sea, and horizontal (community) and vertical (State) levels. Second, it critically examines pathways and solutions to enjoy their rights and freedoms fully. The results focus on their concept of human rights (kapatut manusiya) and their communally-identified four significant lived deprivations vis-à-vis desired freedoms. These are related to knowledge and education (pangalaman or panghati), indigenous culture and spirituality and religious beliefs (pangaddatan and pag-omboh or pag-paybahau), traditional and diversified economic life (pag-usaha or pagkalluman), and socio-political leadership and participation (panglima or nakura). This study contributes to putting the international human rights landscape into perspective through the lens of the Sama Dilaut, who are freedom-deprived yet rich in (maritime) culture and worldview.

US Human Rights Concept

The article examines the main stages in the development of the concept of human rights in the United States of America. The evolution of the traditional concept of human rights is traced, starting with the positions of the «Founding Fathers» of the United States. A classification of decisions of the US Supreme Court made on the basis of the natural law theory of constitutional interpretation is presented. The significant influence of the theory of natural law on the formation of American constitutionalism and, especially, judicial practice is noted. The features of the modernist concept of human rights in the United States, which is based on the idea of protecting private property as the foundation of individual freedom, are analyzed. The conclusion is formulated about the absence in the modern US constitutional doctrine of recognition of the fundamental importance of rights of a social, economic and cultural nature. The features of the official «progressive agenda», mandatory for the whole world, are revealed, which consists of the following provisions: desovereignization, antinatalism, and a negative attitude towards the family, in the traditional sense. The article presents a general description of the American concept of human rights.

Legal regulation of human somatic rights: transplantation of human organs and biological tissues in Ukraine and foreign countries

The article examines the problems of legal regulation of transplantation of organs and tissues of the human body in Ukraine and foreign countries. Emphasis is placed on legal and ethical difficulties arising in the field of transplantology. It is noted that the right to «mechanize the body» has a number of specific features, namely: the specific nature of the object of these rights - the human body, which is the object of property rights and currently has mainly a monetary value expression; natural dependence on knowledge of biology, genetics, medicine, technology. Their existence and implementation are possible only with the help of achievements of scientific and technical progress; novelty, which has a different degree of expression, depending on the type of protected result of disposal of body or life; ambiguous attitude from the side of religion, morality, ethics, politics; inextricable connection with constitutional (fundamental) human rights in view of the special connection with personal (natural) rights and the peculiarity as an independent group of human rights; exclusivity in terms of its legal consequences in the process and as a result of their implementation. With any change in the physical embodiment of a person, the subjective aspect of legal relations changes, that is, many connections of various branches of legal regulation (civil, marital and family, constitutional, etc.) are affected; the degree of their recognition and implementation reflects the level of development of the state and society in general, etc. It is emphasized that individual somatic rights are reflected both in the legislation of Ukraine and in the legislation of foreign countries. For example, the right to transplant organs in national legislation is not used as a right to dispose of one's body, but as a certain necessity, a medical indication. In order to regulate the issue of organ donation, the legislation of individual states prescribes the practice of establishing special procedures for obtaining the donor's consent to extract a transplant from him (Belgium, Greece, Turkey). Given the lack of transplants for transplant operations, it is important to develop educational work at the state level, explaining to citizens the need to issue voluntary consents for the posthumous use of their donor material. It is worth making proposals for the development and adoption of the State Program of Ukraine aimed at the development of donation. This program should provide organizational, legal and preventive state measures for the promotion and development of legal donation in Ukraine; proposals for the development of a national legal mechanism aimed at encouraging voluntary posthumous donation, which would be based on the lifetime legally formalized consent of potential donors to the posthumous free use of their donor material.

Tracing the Roots of Modern Human Rights in Ancient Greek Thought

The establishment of the modern human rights regime, a pivotal development that transpired in the aftermath of the Second World War, marks a watershed moment in the annals of global governance. However, it is imperative to recognize that the foundational bedrock upon which this regime stands embodied by concepts such as freedom, equality, the right to vote, and the notion of natural rights extends its roots far beyond the mid-20th century. These bedrock principles have an intricate lineage, manifesting in various forms throughout history and across diverse cultures. To unravel this historical continuum, one need not look solely to the post-World War II era; rather, a profound exploration reveals that analogous ideals have left indelible imprints across different countries and epochs. Among these cultural tapestries, ancient Greece emerges as a particularly rich and influential backdrop, offering a plethora of ideas that resonate with the very essence of contemporary human rights. In an earnest pursuit of understanding the intricate interplay between ancient wisdom and modern conceptions, the present paper embarks on an insightful examination. Through a meticulous study, it endeavors to illuminate the myriad ideas and features that emanated from ancient Greece, serving as pre-cursors to, and reflections of, the multifaceted concept of human rights as it is comprehended and cherished in our present-day global discourse.

Организации и учреждения культуры, физической культуры и спорта как объекты общественного контроля

This article is devoted to the public legal analysis of organizations and institutions of culture, physical culture and sports as objects of public control. The paper substantiates the role and place of the institution of public control in the system of legal guarantees for the implementation, protection and protection of both constitutional principles (first of all, democracy and participation of Russian citizens in the management of state affairs) and the entire system of constitutional human and civil rights and freedoms. The article analyzes the place and role of organizations and institutions of culture, physical culture and sports in the system of objects of public control. The purpose of the scientific research is not only to formalize and analyze the main problems that hinder the organization and implementation of public control measures in relation to organizations and institutions of culture, physical culture and sports, but also to develop, as well as substantiate, a system of measures to resolve these problems.

Political Participation of Persons with Disabilities in Election: The Case of Regional Elections in Bantul, Indonesia

This article analyzes the involvement of disability groups in the regional election and how this will contribute to the upcoming 2024 General Election in Indonesia. Groups of people with disabilities often face discrimination, which hinders the realization of their rights as outlined in Law Number 8 of 2016 regarding Persons with Disabilities. Ensuring such rights are fulfilled is crucial for social progress and the welfare of individuals, particularly in democratic nations. The approach in this study uses the theory of political participation and the concept of human rights as a theoretical framework. Meanwhile, the research method is qualitative, with descriptive analysis to discuss the intended topic. The collection of research data was obtained from interviews and literature studies. This article examines the case study of the involvement of persons with disabilities in the 2020 Bantul Regional Election and its influence on the 2024 General Election. Bantul is a district in the Special Region of Yogyakarta Province in that it has the largest population with disabilities. As a result, special attention is needed to ensure that the political rights of the disabled group in Bantul are guaranteed. The findings show several forms of involvement of disability groups in the previous elections in 2019 and 2020. The deficiencies in these elections should be addressed to improve access for disability groups making democracy inclusive. This article, then, contributes to the studies of the political participation of persons with disabilities in democracy in the context of regional elections.

Концепт естественного права в контексте теории антисистем

The article offers and justifies a new version of the origin of the theory of natural law. The authors suggest con-sidering the ideological origins of the concept of human rights in the context of the theory of anti-systems. After all, the ideological basis of this concept both in antiquity and in the Middle Ages was precisely heretical anti-systemic movements. Analyzing the concept of natural law, the authors show that this concept is revolutionary not only in social, but also in structural terms, since its position calls into question the structural matrix of civiliza-tion, all cultural and historical institutions. Thus, this concept represents a structural revolution against a formal-ized cultural-historical existence. Besides, the article reveals the relationship between the ideology of natural law and modern “eco-ideology”, attempts to introduce digital slavery and esoterism. It justifies the idea that the concept of “natural man”, as the basis of natural law, is an esoteric mechanism when, without publicly renounc-ing the content of a cultural tradition, the main worldview issues are interpreted directly opposite to this tradition.

The Implementation of Conversion of Irrigated Rice Fields into Settlements and its Impacts (Case Study in Labuapi Sub-District, West Lombok)

This research aims to find out how the implementation of the conversion of irrigated rice fields into settlements in Labuapi Sub-District, West Lombok, analyze the factors that cause the conversion of irrigated rice fields into settlements in Labuapi Sub-District, West Lombok, and analyze the impact of the transfer of irrigated land functions on socio-economic development in Labuapi Sub-District, West Lombok. This type of research is a type of Empirical Legal research. The approaches used are the Statute, Historical, and Sociological approaches. The rapid expansion of the industrial structure has resulted in a large-scale, sustainable conversion of farmland according to Government Regulation of the Republic of Indonesia No. 1 of 2011 concerning the Determination and Transfer of Agricultural Land Functions. Sovereignty belongs to the people, which is also reflected in the concept of human rights to a healthy environment according to Article 28 H Paragraph (1) Constitution of the Republic of Indonesia 1945. Apart from the concept of power and the human right to the environment, the conversion of land is also reflected in the concept of democracy related to the principles of sustainable development and environmental insight, as articulated in Article 33 Paragraph (4) of the United Nations, which is strictly regulated. The influential factors of land conversion rate are, firstly, significantly influential and not yet significantly influential. Social and economic impacts are very diverse and felt by the people of Labuapi Sub-District, West Lombok; the social impact of land conversion can be seen from the relationships and interactions between residents, security conditions, and lifestyle conditions of the surrounding community.

Somatic Biotechnologies in the System of Social Values of Modern Russian Society

The paper is devoted to analyzing the impact of somatic biotechnologies on the system of social values of modern society. In the paper «somatic» refers to such technologies that relate to the genetic modification of the human body or its functional systems carried out in various ways. The authors attempt to analyze the main directions of transformation of social institutions of modern Russian society, taking into account advantages and disadvantages of the new technological revolution. Attention is drawn to the risks that biotechnologies pose to society and the state as a whole. The authors substantiate the necessity of participation of the state and various social groups in the development of an optimal strategy reflecting the interests of all stakeholders, based on transparency and trust. The paper indicates that it is necessary to determine the levels of permissible human exposure to various concomitant factors when using biotechnologies. This will require a normative rethinking of the entire concept of human and civil rights and freedoms enshrined in the Constitution of the Russian Federation that includes the right to life, its values, the principles of the inalienable fundamental human rights and freedoms, their belonging to everyone from birth, the right to privacy, the right to personal and family secrets, dignity and good name.It is important at the regulatory level to consolidate the legal regime of genetic data about a person in the system of social values, prohibit discrimination based on genetic uniqueness, and develop requirements for medical organizations using somatic biotechnologies. The resolution of future problems involves a theoretical rethinking and normative regulation of new forms of work that will appear in the future, as well as new types of property. The ideas of motherhood and childhood, as well as families, will require new content, which will affect the most important values of society and demand active involvement of the state.

Bobbio's conception of human rights

This article aims to analyze the issue of human rights in the thinking of the Italian author Norberto Bobbio. The historical and contemporary debate on human rights has always been a scene of considerable controversy, gaining considerable space in the public debate with the advent of the Second World War, culminating in the signing of the Universal Declaration of Human Rights (1948). This declaration intended to meet a minimum set of rights so that every human being deserves, from birth, as a member of the human species. For the recognition of these rights universally, there is a need for this set of rights to correspond to the desires of all people, with their different cultures. In order to establish consensus, therefore, it is necessary to find homeomorphic concepts of human rights in different cultures. A second problem involving human rights is the issue of their protection, which is difficult to apply in certain cultures. In this second problem, Bobbio’s thought seems to have space, which identifies the effectiveness of human rights as the biggest challenge in this issue, especially regarding the rights of freedom and equality. The present study is based on exploratory research, with bibliographic analysis based on data collection in updated scientific material on the topic.