Judicial Practice of Protecting Human Rights: Problems of the Rule of Law in a Postmodern Society

In: Postmodern openings, Band 12, Heft 1, S. 102-114

Abstract

Human rights issues are present today in almost every area of society and, accordingly, occupy a special place in it. Due to the fact that modern Ukraine is in a transitional state of creating legal, state and public institutions, the process of formation of civil society requires the identification of the nature of legal relations in a transitional period. After all, relations in civil society should be formed on the basis of awareness of the inalienability and non-repudiation of natural human rights. They should be based on the positive legislation of the state. They are the key to the effectiveness of the entire system of social relations. Ensuring human rights is the criterion by which the achieved level of democracy in the state is assessed. The beginning of this process can be called consolidation in the Basic Law of the provision that a person, his life and health, honor and dignity, integrity and security are recognized as the highest social value, and determining the priority of universal values. At the same time, the needs of the present, in fact, directs the development of modern law, is the development of certain general legal standards that allow us to move on to a new qualitative coexistence of nations in the modern world on substantial humanistic principles. In addition to examining the established mechanisms and specifics of protecting everyday human rights, the article examined the new human rights that exist in post-modern society, which today are called the rights of the "fourth generation".