The Relation between Civil and Political and Economical, Social and Cultural Human Rights
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Abstract
The article discloses that the modern prevalent consciousness of the society (ideology and psychology) predetermines that human rights and freedoms are the most important value of the modern world.
This article also represents the analysis of the modern standpoint to the sources of human rights, discloses the relation between negative and positive liberty in details, indicates, that the negative liberty and formal equality and negative personal rights not always ensure sufficiently valuable life of a person. More over, it is accentuated that a negative justice extends contradictions of the society in the real life, in its economical, social sphere: formal equality (or equality of legal regulation) provides the same rules of activities for all persons, the equality of start possibilities, so, if there are equal possibilities of legal regulation, stronger, more healthy and clever persons will always reach more positive result. The author emphasizes, that human rights are not only formal; they must be real. Social, economical and cultural rights exactly help to achieve that reality. Social rights are closely related with principle of public solidarity. Article expresses the idea that principle of negative liberty, principle of formal equality and principle of solidarity may coexist and must coexist. Principle of solidarity must be perceived as voluntary, when the state, while collecting taxes, doesn’t pursue a policy of unlegal and unjust aggression, but only implements social treaty. On the opposite the state as „coercive sovereign“ would realize the economical equalization of all persons, which can not be in the society of free individuals.
This article also represents the analysis of the modern standpoint to the sources of human rights, discloses the relation between negative and positive liberty in details, indicates, that the negative liberty and formal equality and negative personal rights not always ensure sufficiently valuable life of a person. More over, it is accentuated that a negative justice extends contradictions of the society in the real life, in its economical, social sphere: formal equality (or equality of legal regulation) provides the same rules of activities for all persons, the equality of start possibilities, so, if there are equal possibilities of legal regulation, stronger, more healthy and clever persons will always reach more positive result. The author emphasizes, that human rights are not only formal; they must be real. Social, economical and cultural rights exactly help to achieve that reality. Social rights are closely related with principle of public solidarity. Article expresses the idea that principle of negative liberty, principle of formal equality and principle of solidarity may coexist and must coexist. Principle of solidarity must be perceived as voluntary, when the state, while collecting taxes, doesn’t pursue a policy of unlegal and unjust aggression, but only implements social treaty. On the opposite the state as „coercive sovereign“ would realize the economical equalization of all persons, which can not be in the society of free individuals.
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Section
Articles
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Authors retain copyright of their work, with first publication rights granted to the Association for Learning Technology.
Please see Copyright and Licence Agreement for further details.
