THEORETICAL AND LEGAL APPROACHES TO THE DEFINITION OF HUMAN AND CITIZEN RIGHTS AND THEIR TYPES Cover Image

THEORETICAL AND LEGAL APPROACHES TO THE DEFINITION OF HUMAN AND CITIZEN RIGHTS AND THEIR TYPES
THEORETICAL AND LEGAL APPROACHES TO THE DEFINITION OF HUMAN AND CITIZEN RIGHTS AND THEIR TYPES

Author(s): Robert Pohosian
Subject(s): Human Rights and Humanitarian Law
Published by: Editura U. T. Press
Keywords: human and citizen rights, war; military personnel; administrative and legal status; state guarantees;

Summary/Abstract: Rights are certain basic opportunities necessary for a dignified and free human existence and development. At the same time, these are the demands of a person, about which he justly declares. Human rights are natural, that is, determined by his human essence, and not by belonging to citizenship, a certain ethnic, religious or other group. Accordingly, the state cannot act as a source of rights, but is obliged to recognize and guarantee them. Rights are inalienable and inalienable, that is, they cannot be taken away and a person cannot renounce them by himself. Human rights are different in meaning. They can be absolute or almost absolute (relative). Fundamental human rights are rights guaranteed to a specific country by its constitution or other laws. They may include rights that are recognized as universal human rights, but may also include other rights that reflect the specific needs and requirements of a country. Human rights and fundamental human rights are basically the same rights, but they can be used depending on the context and country. Hence, the difference between human rights and fundamental human rights is that the former are universal and guaranteed to every person everywhere, while the latter may include additional rights that reflect the specific needs and requirements of a country. As for active and passive rights, then: active rights are rights that give a person the opportunity to perform certain actions and demand their performance from other persons or organizations, passive rights are rights that protect a person from illegal actions of other persons or organizations.

  • Issue Year: 2023
  • Issue No: 1
  • Page Range: 88-95
  • Page Count: 8
  • Language: English
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