Moral values as the binding force of the human rights

Marko Trajkovic
2015 Anali Pravnog Fakulteta u Beogradu  
Moral values represent the binding force of human rights. They are primarily the binding force of norms of national legal systems, and then the binding force of legal norms of international law and international conventions and declarations on human rights. The very essence of moral values represents the primary issue for the creation of conventions and declarations which protect human rights. However, moral values are not merely that, they are also the source of human rights. If we start from
more » ... he fact that the values were given and are, thus, indestructible by man, then they are the best possible foundations of human rights. Actually, all human rights are based upon the values given to people to exercise and protect them. As with any issue of binding force of legal norms of national legal systems, the issue of respecting declarations and conventions on human rights, the sanction is not and cannot be the source of the binding force of these norms and declarations. It must be something more durable, and these are just the values that are given to people. Therefore, we can assume that human rights are given and are independent of people, even when they are being oppressed and violated, human rights do not lose their value and its importance. Only an order of values does not allow human rights to be rejected and to enter into a vicious circle in which the man disappears. Distorted application of moral values, directly lead to the rejection of human rights. There is no establishment of human rights without accepting moral values, and they will then be a valid foundation of durable establishment of human rights. Only then and only in this way human rights will not remain a record on a piece of international paper.
doi:10.5937/analipfb1503127t fatcat:cxs5istwfff5zac2u423p2pwoy