ВЗАЄМОЗУМОВЛЕНІСТЬ ПРАВ ТА ОБОВ’ЯЗКІВ ЛЮДИНИ: ФІЛОСОФСЬКО-ПРАВОВІ АСПЕКТИ
The article examines the issue of the relationship between human rights and duties based on the analysis of philosophical, legal, moral and ethical principles underlying modern social relations. It is emphasized that in the case of human rights and duties, there cannot be a priority of one over the other, since the «right – duty» relationship implies the presence of two elements which cannot exist without each other. At the same time, providing the interdependence of the above concepts requires an appeal to the relevant philosophical, historical, cultural, moral and ethical aspects of their relationship. It is noted that in recent decades, a tendency towards strengthened responsibility of individual states as well as international institutions, which leads to an increase in the scope of duties of these subjects of law, is traced. Along with the obvious advantages of this approach, attention is paid to the necessity for rethinking the importance of horizontal duties of individuals towards other individuals and society as a whole. The adoption of the Universal Declaration of Human Duties in 1997 is considered to be a kind of attempt to balance freedom with responsibility. Although the corresponding declaration did not acquire an official status, it contained a number of progressive provisions, making a significant contribution to solving the problem of social peace and offering a qualitatively new look at the concept of a social contract. It is emphasized that during the twentieth century, a number of international acts of a regional nature, aimed at establishing a certain balance between human rights and duties, were adopted. Although the issue of detailed regulation of human duties at the international level is one of the most controversial, it is noted that not only human rights, but also human duties can claim the status of a universal international legal standard. It is justified that human duties should not be considered through the prism of competition with human rights, but as their necessary complement. Keywords: human rights, human duties, responsibility, social contract, international legal standard
Authors
- Олена Лубчук (ORCID: https://orcid.org/0000-0001-8685-8259)
Publication Details
- Journal
- Visnyk of the Lviv University Series Law
- Published
- 2024-12-15
- DOI
- https://doi.org/10.30970/vla.2024.79.012
- Primary Topic
- Education and Social Development in Ukraine
- Type
- article
- Field-Weighted Citation Impact
- 0.00