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Saulė Vidrinskaitė

Abstract

The article is dedicated to analyse theoretical aspects of human rights and liberties. Human rights and liberties is a comprehensive system of values. These values are established by the national Constitution and leading legal acts. Human rights and liberties are established by the state’s Constitution and described by the leading legal acts. International obligations of the state in the sphere of human rights and treaties guarantee level of there protection.
Nowadays reality is that Treaty establishing a Constitution for Europe is important to legal system of the Republic of Lithuania. The context of human rights is existing in constitutional environment. This Treaty was adopted by the Heads of State and Governments the Constitution is divided into parts, were one of them is the Union’s Charter of Fundamental Rights.
The article deals with the system of human rights and values as well as with the standards established by the laws and international treaties in this sphere to respond to the needs and values of citizens and peoples.
The article is analysing the Charter of Fundamental Rights, solemnly proclaimed at the Nice European Council in December 2000, and has been incorporated into the European Constitution as Part II.
The article is devoted to the analysis of the definition of the human rights and liberties. This definition is presented according the legal acts of the Republic of Lithuania and the international obligations of the state as well as the legal norms of the Constitutional Treaty of Europe. The article deals with the descriptive, analytical research and normative methods. It is defined that existing diversity of human rights and liberties makes possible to classify them and to unite them to the catalogue. Human rights and liberties are recognised values and they are safeguarded by the fundamental principles. These principles guarantee the stability of the protection of human rights and liberties as well as development of them. The state and the person as two independent subjects are functioning on the basis of the legal status. The individual is obligated to realise the legal norms and has a rights to ask from the state to guarantee the certain level of protection of the civil, political and economical, social and cultural rights. The legal system, system of values and public order are needed for the implementation and protection of human rights and liberties.
The state and the human being are two subjects who are acting independently within the framework of their legal status. Individual should realise not only requirements of legal norms and he or she has a right to require that state would guarantee certain level of civil, political, economical, social and cultural rights implementation. The legal system, wildly recognised opinion and international order are required for implementation of human rights.

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Articles