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Principles, lacks and challenges of the protection of personal and natural rights

Publication at Faculty of Law |
2022

Abstract

The principle of protection of personal and natural rights is one of the basic pillars of contemporary human society. It can be subordinated to the protection of the weak, the protection of minorities, the protection of our privacy, the protection of the right to live life according to one's best convictions, etc. However, with increasing freedoms, new and new demands are also appearing for what should be the content of personal and natural rights . These demands sometimes escalate to such an extent that another part of society may wonder whether their acceptance will not represent an interference with the rights of others, quite possibly also with the rights of nature and personality. That is why I decided to put the current principles of protection of personal and natural rights to a test, the result of which will be the challenges and shortcomings of the protection of the mentioned category of rights, or the conclusion that it is not necessary to change anything.

In order to make the processing of the given task as comprehensive as possible, I deal at the very beginning of the presented article with the views of different directions of legal philosophy and political ideology on how natural and personal rights should be protected and how the relationship between public law rights and obligations should be set. Achieving a state where there will be just enough duty so that anyone's rights cannot be legally harmed and at the same time that any rights are not restricted unnecessarily beyond what is necessary, I consider a legal (or legislative) ideal, although its achievement is probably impossible. However, it is advisable to make an effort to get closer to such a goal.

In the presented article, I thus deal with the essence of the protection of personal and natural rights on a general and very specific level, and I ultimately lead my thoughts to very specific conclusions. However, it is necessary to note that the scope of this article does not allow us to deal with all the challenges and shortcomings, nor to mention all the sufficiency of the current legislation regarding the protection of natural and personal rights. Of course, the case study presented below can be generalized for other challenges and deficiencies in the protection of personal rights.