Are Human Rights Universal? Cover Image
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Универсални ли са човешките права?
Are Human Rights Universal?

Author(s): Yanaki Stoilov
Subject(s): Law, Constitution, Jurisprudence, Human Rights and Humanitarian Law
Published by: Софийски университет »Св. Климент Охридски«

Summary/Abstract: The idea of human rights comprises the concept that they belong to every man. A number of international acts indicate the general nature of human rights being their leading feature. Great many scientists and politicians accept the universal nature of human rights almost like an axiom, i. e. one supposes without proving it. If this is understandable from a political and ideological aspect, such an approach is intolerable from a scientific point of view. The question of human rights should not become an absolute similar to the matter pertaining to sovereignty of state. The transition from the idea of human rights to the establishment of fundamental rights is a historical result of the socio-economic development. This result is not only attained through logical conclusions but after a good deal of political and social struggles, by means of a number of legislative, jurisdictional and other actions. The history of human rights despite her contradictory nature is a history of their recognition and expansion. Both of them are growing in terms of diversity and enlarging the number of their addresses as well as in terms of geography of their dissemination. The obstacles which nowadays are facing the fundamental rights are the greatest challenges on the way of their spread on a mass-scale and guarantee. There are a few obstacles, as follows: One. The contradiction between the human aspect of rights and their state existence as rights of citizen. Two. The contradiction between the formal equality of people with regard to the fundamental rights and the substantial socio-economic inequlity among them. Three. The contradiction between universalization of human rights through dissemination of Christian culture and particularism of rights, corresponding to the traditions of different nations and civilizations. Seeking of a solution to all these problems is complicated by the fact that the world enters the global economic era.These circumstances require adequate changes in the national and supranational regional legal systems so that human rights shall be guaranteed.

  • Issue Year: 1999
  • Issue No: 5
  • Page Range: 7-21
  • Page Count: 15
  • Language: Bulgarian
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