ARGUMENT IN FAVOUR OF IDENTIFYING THE RIGHT TO TRUTH AS AN AUTONOMOUS PREROGATIVE WITHIN THE GENERAL THEORY OF HUMAN RIGHTS
ARGUMENT IN FAVOUR OF IDENTIFYING THE RIGHT TO TRUTH AS AN AUTONOMOUS PREROGATIVE WITHIN THE GENERAL THEORY OF HUMAN RIGHTS
Author(s): BERNA Maria BeatriceSubject(s): Law, Constitution, Jurisprudence, International Law, Human Rights and Humanitarian Law
Published by: Editura Hamangiu S.R.L.
Keywords: human rights; the right to truth; enforced disappearances; authoritative government
Summary/Abstract: The modern perspective upon human rights advances the matter of community-individual interaction thus mainly underlining the implications of the collective dimension in regard to ensuring individual prerogatives. By means of tradition, the general theory of human rights presents the truth as the scope of fair judgement hence associating the concept of truth rather to the framework of State obligations than to the field of individual prerogatives. The experiences of modern society (from authoritative government to human rights violations undertaken within the socio-juridical paradigm dictated by authoritative governments as enforced disappearances and other crimes against humanity) highlight the necessity of construing the truth from an individual perspective as an individual right that springs from the correlation of other individual prerogatives –that benefit, at present, of juridical acknowledgement within regional systems of human rights protection. The present paper advances the scientifical objective of observing the peculiarity of guaranteeing the individual right of discovering the truth in relation to the fate of victims of authoritative governments’ abuse by relation to the main juridical instruments of the European, African, Inter-American systems of human rights protection.
Journal: Analele Universității Titu Maiorescu
- Issue Year: 2017
- Issue No: XVI
- Page Range: 31-48
- Page Count: 18
- Language: English