Krytyka Prawa. Niezależne Studia nad Prawem
On the definition, Content, and Essence of the Term “human rights”
Luhansk State University of Internal Affairs named after E.O. Didorenko (Ukraine); | National Academy of Statistics, Accounting and Audit (Ukraine) | Taras Shevchenko National University of Kyiv (Ukraine) | Dnipropetrovsk State University of Internal Affairs (Ukraine)
Abstract
The ambiguity of understanding and use of the term “human rights” reduces the effectiveness of the law-making and law enforcement activities of state and inter-national bodies, creates negative conditions for the formation of the unified worl-dview and legal position of future lawyers and representatives of other humanities. This article aims to define, formulate the content and describe the legal essence of the term “human rights,” and to substantiate the thesis about the harmfulness of the legal science, law-making and law enforcement use of this term with different meanings. The leading method of research is the method of analysis, which allows one to study the subject, imaginatively dividing it into constituent elements, and to consider each of the selected elements separately within a single whole. This article presents the argumentation of the need for a single wording, understanding, and use of the legal term “human rights.” The materials of the article have practical value for the effective implementation of the law-making and law enforcement activities of state and international bodies, for the formation of the unified worldview and legal position of future lawyers and representatives of other humanities, as well as for a correct and clear explanation of problems with the implemen-tation and protection of human rights.
