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saerTaSoriso samarTlis Jurnali, #1, 2008 JOURNAL OF INTERNATIONAL LAW, N1, 2008
GIVI MIKANADZE
OMBUDSMAN INSTITUTION
Human rights represent universal value.
Cultural-historical eras, civilizations and political
forces play considerable roles in their development.
The concept of human rights derives from
the natural law doctrine and embraces two
main notions. The first implies that a human
being is granted inviolable and inalienable
rights. These moral rights originate from human
nature of an individual and their purpose
is to preserve the sense of self-esteem of a
human being. The second notion of the concept
of human rights embodies legal rights.
They are established as a result of legal drafting
processes which take place at both – national
and international planes. These rights are
based on the consent of those who shall enjoy
these rights, i.e. of legal objects, whereas the
rights affiliated to the first group are based on
the natural order.
Life and dignity of a human being have been
trampled throughout the history. The idea of
employing uniform norms without any discrimination
towards each and every individual
emerged several centuries ago. Indeed there
is no society which would have no rules for
protection of certain rights.
Principle of equality of every member of
human society, just alike many other basic
principles, which make up what today calle
human rights, are in principle attributable to
all cultures, religions and philosophical traditions.
One of such traditions, which derives
from religion, is called jus naturale, or natural
rights.
Emergence and establishment of the term
human rights was preceded with the notion of
natural rights, widely accepted by XVII century
philosophers and politicians. The concept
of natural rights was on its turn related with
the theory of natural law (lex naturale) elaborated
by intellectuals of ancient era. “Inviolable”
or “inalienable rights” were used as synonyms
to the term “natural rights”.
Jacques Maritain has noted with regard
to natural law: Individual human being possesses
rights solely due to the fact that he/
she is a personality, integral master of himself
and his actions. Thanks to the natural law a
human being has a right to be respected, be a
subject of rights, to possess rights. All of these
are deserved by a human being due to a single
reason of being a human.
During XVIII century first incarnation of
ideas related with the “natural rights” resulted
into recognition of norms of “natural law” as
legal norms. The mentioned norms became
constituents of national constitutions first time
in the history of mankind thus depicting contractual
relationship between a state and an
individual, deriving from which state authority
was based on the consent of an independent
individual. The 1776 United States Declaration
of Independence and the 1789 French
Declaration of the Rights of Man and Citizen
derive from the above mentioned basis. In the
subsequent period the principle was shared
by a number of European, Latin American and
Asian states, which escaped the fate of being
colonialized.
Despite all the above-mentioned, it can be
rightly argued that human rights, as politicallegal
phenomenon is a creature of new and
modern history. It is universally recognized that
each individual is granted rights and obligations
prescribed by international law, and state
on its turn is obliged to respect and protect
these rights and freedoms. This standpoint is
well reflected in the United Nations Charter, in
the Preamble of which the Peoples of the United
Nations have unanimously declared that
they were determined to reaffirm faith in fundamental
human rights, in the dignity and
worth of the human person. United Nations is
resolute to “promote and encourage respect
for human rights and for fundamental freedoms
for all without distinction as to race, sex, language,
or religion”.
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