The Position of Human Rights Within the Framework of the International Legal Order

Abstract

Human rights achieved their fu l a firmation in the period fo lowing the Second World War. Although the origins of the idea of incorporating human rights into the international legal order date back much earlier, their legal validation is primarily associated with legal instruments adopted under the auspices of the United Nations. Consequently, their specific features must be assessed in light of the normative solutions contained in the core international legal instruments. This paper wi l employ a broad methodological framework, with emphasis on the comparative method, historical method, content analysis, systematic approach, linguistic analysis of legal texts, among others. The application of these methods wi l be directed towards a better understanding of the various legal solutions which, in certain respects, exhibit significant differences. The paper wi l provide a general definition and understanding of human rights, the development of the idea of human rights at the level of legal theory, the possibility of their lawful limitation, the current state of their practical implementation, and related issues. Recognizing the importance of the practical application of human rights, the paper wi l refer to judgments of the European Court of Human Rights in Strasbourg. Particular attention wi l be paid to the judgments in which the Republic of Serbia was found to have violated human rights through various forms of conduct by state authorities. The aim of the paper is to present the field of human rights in a manner that enables the reader to properly understand their legal specificities. This aim is considered justified in circumstances where the phenomenon of human rights is widely exploited in the media across the world, often accompanied by inaccurate assessments of their scope in the practical application of legal provisions.