Kalikst Nagel, On the ontic law of human rights

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Opublikowano: PPP 2015/6/16-23
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On the ontic law of human rights

We are all very aware of the rights we have. It is common to hear: „I have right to this...”, „We have right to that...” and so on. Human rights have been many times declared in many legal acts, including acts of international law. Much less has been said about duties deriving from these rights, duties that are their consequences. This issue relates to something I would like to call an ontic law of human rights.

1.Fundamental attribute of human dignity and rights: inherence

First issue which must be considered in this matter is the nature of human dignity and rights deriving from it. Several very important findings as to this nature may be based on human rights' attributes indicated directly in the most important legal acts concerning protection of human rights . Among these attributes, as I claim, the most important is their inherence.

Universal Declaration of Human Rights as well as International Covenant on Civil and Political Rights expressly state that human dignity is inherent. The same can be said about human rights, as they are derived...

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