Država i ostala lica javnog prava kao titulari ljudskih prava
State and Other Legal Persons of Public Law as Holders of Human Rights

Summary/Abstract: In the article the author presents a possible expansion of the protection of human rights to the state and other legal persons of public law (e.g. municipalities), despite the fact that these are, in principle, addressees, and not holders, of human rights. As a rule, human rights are bestowed upon individuals, i.e. natural persons, as defensive rights aimed at protecting these individuals from the state (and emanations of its authority). Based on the case-law of some states, especially Slovenia, the author presents the foundations of several constitutional courts as regards the extension of the entitlement of human rights to the state and to other legal persons of public law (e.g. communities and also mixed capital companies). It is obvious that, when assessing whether or not these persons can be holders of human rights, the case-law is focused on the issue of the function (authoritative/non-authoritative) of these persons, rather than their form, and on the issue of whether or not they may be affected in the same way as individuals, i.e. natural persons.

• Details
• Contents