Human rights and freedoms in systems of human rights protection
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Date
2017-09
Authors
Journal Title
Journal ISSN
Volume Title
Publisher
Regis
Abstract
The distinction between rights and freedoms is not theoretical, although it may be applied for the sake of evaluation of subjects of protection and effectiveness of each right assigned to a person. Right is superior to freedom. In the case of freedom the state shall refrain from action and interference, while in the case of rights the
state is obliged to act. The superior character of rights is proven by the capacity to ration freedoms, which are not absolute in the same way as rights. Right is a space within which a full fulfillment of freedom is possible. Right
shall be understood as the entitlements of an individual provided by the state for the sole fact of being a human being94. The entitlement mentioned above is connected to obligation of positive action, which means that the rights cannot be violated, and the obligation regulated by the natural law that the rights of other individuals
cannot be violated. It means that the state is bound to fulfil an individual’s rights, otherwise the individual is entitled to pursue proper claims. Thus, a right gives an individual an opportunity to realise freedom, entitlement or competence
Description
Keywords
liberties, right, human rights, duties, dignity
Citation
Wolność człowieka i jej granice, red. K. Kozioł, Wydawnictwo Regis, Lublin 2017, s. 10-31
ISBN
978-83-63827-80-9