LJUDSKA PRAVA. Pravno-sistemski okvir
HUMAN RIGHTS. Legal-systemic Framework

Author(s): Saša Gajin
Subject(s): Human Rights and Humanitarian Law
Published by: Fond za humanitarno pravo
Keywords: Human Rights in the legal system;European Convention on Human Rights; Johna Lock;Thomas Hobbes;Habermas; Dworkin;constitutional democracy;
Summary/Abstract: The legal-systemic framework of respect and protection of human rights can theoretically be built on three different levels of reflection of legal rules on the rights and freedoms of individuals. First, by defining the legal concept of human rights, it is possible to provide a unique answer to the question of what human rights are. Second, based on a comprehensive body of human rights rules, it is possible to theoretically determine the content of human rights law. Third, it is possible to show that human rights are a necessary integral and constitutive part of the legal order and thus legally establish them … In that sense, the question should be answered as to whether human rights are a necessary part of the law itself, i.e., whether it arises together with the law. In addition, an answer should be sought to the question of whether the existence of the legal order is conditioned by the existence of legal rules on human rights and freedoms, or whether it can still be theoretically conceived without human rights. The answers to these questions provide a legal basis for human rights.

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