Universality of human rights: general theoretical characteristics

Yu. A. Kholod

doi:10.32631/v.2024.1.05

Yu. A. Kholod Kharkiv National University of Internal Affairs https://orcid.org/0009-0004-3100-0406

DOI: https://doi.org/10.32631/v.2024.1.05

Keywords: human rights, universal human rights, justice, guarantees, legislation, international legal acts, human rights protection.

Abstract

The article examines the general theoretical characteristics of universal human rights. It is noted that human rights are an integral part of human dignity, they define the essence of humanity, and represent the limits of state power in relation to the individual. It is emphasised that today there is no single approach to substantiating the theory of human rights.

The article emphasises that every person is endowed with universal, inalienable and inalienable rights, which are called human rights. It is established that the universality of human rights is clearly enshrined and recognised in numerous international legislative acts. The author emphasises that the universal nature of human rights and freedoms enshrined in the Universal Declaration of Human Rights is beyond doubt. A number of approaches to the understanding of human rights are investigated. It is determined that the universality and full observance of human rights is an ongoing process that requires constant attention and global cooperation.

It is noted that human rights are an integral part of human dignity; they are the fundamental principles which define the essence of humanity and apply to every individual. These rights are conditioned by the universal principles of justice and dignity, which must be protected and guaranteed by the State.

The author establishes that universal rights are inalienable, since a person cannot be deprived of them without violating the basic principles of justice. These rights create the limits of state power, emphasising that the state must protect and respect the rights of every individual. In essence, human rights cover a wide range of aspects, such as the right to life, liberty and security of the person, freedom of thought and expression, the right to education, work and an adequate standard of living. These rights are the basis for the development of a just and humane society. It is noted that human rights are universal and inalienable in any cultural or geographical context. Ensuring their respect and observance is the responsibility of both the individual state and the international community. Violations of human rights not only violate the basic principles of justice, but can also lead to serious social and political consequences.

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Author Biography

Yu. A. Kholod, Kharkiv National University of Internal Affairs

Candidate of Law, Associate Professor,

Department of Fundamental and Legal Disciplines (head).

References

Khan, Z. (2019). Homo Dignita: Theory and Practice of Human Rights. Pakistan Law House.

Garavito, C. R. (2017). Reimagining Human Rights. Journal of International Law and International Relations, 13, 10–13.

Sen, A. (2006). Human Rights and the Limits of Law. Cardozo Law Review, 6, 2913–2927.

Merry, S. (2005). Human Rights and Gender Violence: Translating International Law into Local Justice. Chicago University Press.

Merry, S. (2006). Human Rights and Gender Violence: Translating International Law into Local Justice. Human Rights Quarterly, 28, 1088–1090.

Ivankiv, I. (2020). Human rights. Vaite.

Lazariev, V. V., & Malynovska, T. M. (2022, May 26). Peculiarities of guaranteeing human rights and freedoms under martial law in Ukraine. scientific and practical conference [Conference presentation abstract]. International Scientific and Practical Conference “Training of law enforcement officers in the system of the Ministry of Internal Affairs of Ukraine under martial law”, Kharkiv, Ukraine.

Mernyk, A. M., Kuzmina, V. O., & Burlakov, B. M. (2020). Restriction of human rights and freedoms in modern conditions: theoretical and practical aspects. Juridical Scientific and Electronic Journal, 2, 42–46. https://doi.org/10.32782/2524-0374/2020-2/9

Priieshkina, O. V. (2017). Ensuring Human Rights in Ukraine: Status and Prospects. Scientific Notes of the National University of Kyiv-Mohyla Academy. Legal Sciences, 200, 109–114.

Shcherbai, I. (2023). The concept and essence of human rights. Analytical and Comparative Jurisprudence, 1, 636–640. https://doi.org/10.24144/2788-6018.2023.01.111

Kyryliuk, F. M. (2008). History of Foreign Political Doctrines of the Modern Era. Centre of educational literature.

Morgan, R. E., & David, S. (2002). Human Rights: A New Languagefor Aging Advocacy. The Gerontologist, 42(4), 436–442. https://doi.org/10.1093/geront/42.4.436.

Meckled-Garcia, S., & Çali, B. (2006). The Legalization of Human Rights: Multidisciplinary Perspectives on Human Rights and Human Rights Law. Routledge.

Pollis, A., & Schwab, P. (2000). Human Rights: New Perspectives, New Realities. Lynne Rienner Publishers.

Omar, S. (2010). Universal Protection of Human Rights: A Cross-Cultural Perspective. The Journal of Language, Technology & Entrepreneurship in Africa, 2(1), 311–320. https://doi.org/10.4314/jolte.v2i1.52007.

Donnelly, J. (2013). Universal human rights in theory and practice. Cornell University Press.

Klietsova, N. V., Kurylo, O. M., & Kravchenko, D. I. (2021). International protection of human rights in poverty alleviation in the context of public awareness in the context of digitalisation. Analytical and Comparative Jurisprudence, 4, 382–386. https://doi.org/10.24144/2788-6018.2021.04.67

Brown, Ch. (2000). Universal human rights? An analysis of the “human-rights culture” and its critics. In R. Patman (Ed.), Universal Human Rights (pp. 31–50). Palgrave Macmillan.