THE INDIVIDUAL HUMAN RIGHTS AND THE STATE – CONTEMPORARY CHALLENGES
THE INDIVIDUAL HUMAN RIGHTS AND THE STATE – CONTEMPORARY CHALLENGES

Summary/Abstract: Since ancient times people have felt that each of them has a number of rights to be followed by everyone else. The basis of this recognition is the natural law, an old idea, which was first mentioned in the philosophical writings of the ancient Greece and Rome, then resumed by the Natural Law School, with its leading representative - Hugo Grotius. After a troubled period of history, the human rights are valued during the French Revolution and then during the Independence War in the United States of America. The enforcement of the two Declarations is connected to these two historical events, the two legal papers being related to a common source – the Natural Law. After the 19th century, the idea of fundamental human rights gains even greater powers, their existence being interrupted in only two countries governed by totalitarian regimes - of right or leftpolitical orientation. Simultaneously, countries that experienced a normal historical development, without non-democratic regimes being imposed by any political minority, laid the foundations of the international instruments of human rights, imposing, however, such levers in their own legal systems. After the fall of the totalitarian regimes in Europe, and based on this very fact, the human rights knew a real renaissance, in the contemporary period of time, several generations being identified, and becoming a real necessity the protection of their own citizens and the protection of the foreigners in a territory other than the one of the State whose nationality they have. Finally, in order to achieve efficient and effective protection supranational courts were created, whose purpose is to check the relationship between the state and the individual, as regards the following of the fundamental rights of the latter one.

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