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To the Issue of Determining the Criteria for Differentiating Human Rights Into Absolute and Relative

Author

Listed:
  • Serhiy Melenko

    (Doctor of juridical sciences, full professor, head of the department of european law and comparative law studies, Yuriy Fedkovych National University of Chernivtsi, Chernivtsi, Ukraine)

  • Dan Paranyuk

    (PhD, Assistant Professor, Department of Foreign Languages for Humanities, Yuriy Fedkovych National University of Chernivtsi, Chernivtsi, Ukraine)

Abstract

Based on logical-gnoseological and axiological analyses, the article under studies presents an attempt of ontological research regarding the division of a wide range of human rights into absolute and relative ones. This article is a continuation of the authors’ investigation [9] on scientifically substantiating the problem of determining some features that make it possible to find out, which group (absolute or relative) a certain human right belongs to, according to the European Convention for the Protection of Human Rights and Fundamental Freedoms from 1950 (further – the Convention) [5]. The right to life and the right to absolute inviolability of the individual have been selected as the principal samples of this research. Taking into consideration the essence of certain cases, considered by the Strasbourg Court, as well as some other normative-legal acts, the authors of the article under discussion offer a few identification “markers†, which should lay the foundation of differentiating human rights. In addition, they question the present-day indisputable division of human rights into absolute and relative. Consequently, this article is of a rather debatable nature, since it aims at clarifying certain phenomena and notions in the field of the issue under investigation.

Suggested Citation

  • Serhiy Melenko & Dan Paranyuk, 2019. "To the Issue of Determining the Criteria for Differentiating Human Rights Into Absolute and Relative," European Journal of Law and Public Administration, Editura LUMEN, vol. 6(2), pages 101-108, December.
    • Handle: RePEc:lum:ejlpa1:v:6:y:2019:i:2:p:101-108
    DOI: https://doi.org/10.18662/eljpa/88
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    More about this item

    Keywords

    Human rights; absolute and relative rights; the right to life; prohibition of tortures.;
    All these keywords.

    JEL classification:

    • H7 - Public Economics - - State and Local Government; Intergovernmental Relations
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)
    • K15 - Law and Economics - - Basic Areas of Law - - - Civil Law; Common Law
    • K33 - Law and Economics - - Other Substantive Areas of Law - - - International Law

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