Some Features of Human Rights
Vol.16,No.4(2008)
Abstract
Pages:
346–349
The study points out certain features of human rights on the basis of a concept stated by H.Maier (the attributes of universality, individuality, innateness, and respect of personal freedom as sort of a claim against the state). The authors point out certain distinct aspects of these attributes, while – according to their opinion – the aspect of universality is absent due to the fact that human rights are neither derived from nor based on human nature, and neither is strictly given the condition of them being generally valid.
Moreover, these rights are not inborn – on the contrary, they are culturally determined and conditioned phenomena. Likewise, the aspect of them being guaranteed by the state authority seems questionable.
Despite certain differences in the perception of human rights which have so far not been fully appreciated, it is necessary to emphasise their irreplaceable role and their unique importance in the social and legal ideology.
Moreover, these rights are not inborn – on the contrary, they are culturally determined and conditioned phenomena. Likewise, the aspect of them being guaranteed by the state authority seems questionable.
Despite certain differences in the perception of human rights which have so far not been fully appreciated, it is necessary to emphasise their irreplaceable role and their unique importance in the social and legal ideology.
346–349
Copyright © 2017 Jaromír Harvánek, Jan Stejskal