To the Issue of Determining the Criteria for Differentiating Human Rights into Absolute and Relative
![handle is hein.journals/ejlpa6 and id is 336 raw text is:
TO THE ISSUE OF DETERMINING THE
CRITERIA FOR DIFFERENTIATING HUMAN
RIGHTS INTO ABSOLUTE AND RELATIVE
Serhiy MELENKO', Dan PARANYUK2
Abstract
Based on logical-gnoseological and axiological analyses, the article under studies
presents an attempt of ontological research regarding the divsion o a wide range o human
rghts into absolute and relative ones. This article is a continuation of the authors'
investigation [9] on scientificaly substantiating the problem of determining some features
that make it possible to find out, which group (absolute or relative) a certain human rght
belongs to, according to the European Convention for the Protection of Human Rights and
Fundamental Freedoms from 1950 (further - the Convention) [5]. The rizght to life and
the rizght to absolute indiolability of the indididual have been selected as the prinaupal
samples of this research. Taking into consideration the essence of certain cases, considered
by the Strasbourg Court, as well as some other normative-legal acts, the authors of the
article under discussion offer a few identification markers, which should lay the
foundation of diferentiating human rzghts. In addition, they question the present-da
indisputable diision of human rzghts into absolute and relative. Consequently, this article
is of a rather debatable nature, since it aims at clarifying certain phenomena and notions
in the field of the issue under investigation.
Keywords:
Human rights; absolute and relative rizghts; the rght to life;prohibition o tortures.
I. MAIN PARAGRAPH
The authors, in the previous article, have already discussed the issues
that are directly or indirectly associated with the division of human rights
into absolute and relative [9]. Particular emphasis has been laid on the
problem of general acceptability of splitting all human rights (singled out in
1 Doctor of juridical sciences, full professor, head of the department of european law and
comparative law studies, Yuriy Fedkovych National University of Chernivtsi,
Cherivtsi, Ukraine, s.melenko@chnu.edu.ua
2 PhD, Assistant Professor, Department of Foreign Languages for Humanities, Yuriy
Fedkovych National University of Chernivtsi, Chernivtsi, Ukraine,
paranyukdan@gmail.com
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To the Issue of Determining the Criteria for Differentiating Human Rights into Absolute and Relative
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