Концепції природного права та природних прав людини як ідеологічна основа загальної декларації прав людини

Abstract

Розглянуто ідеї представників концепції природного права та природних прав людини в їх історичному вимірі та взаємозв’язку з положеннями Загальної декларації прав людини 1948 р. Доведено, що ці концепції є ідеологічним підґрунтям міжнародного документа, що складає основу Кодексу прав людини.

The ideas of representatives of the concept of natural law and natural human rights in their historical dimension and interrelation with the provisions of the Universal Declaration of Human Rights of 1948 are considered. It is proved that these concepts are the ideological basis of this international document, which is evidenced by the following arguments: 1) the philosophical idea of "reasonable essence of man" as the first principle of the concept of natural law has been reflected in Part 2 of Art. 1 of the Universal Declaration of Human Rights in the form of such a judgment: "They (all of us - aut. AF) are supported by reason and conscience and must act in respect of each other in the spirit of brotherhood"; 2) Cicero's idea of extending the law to all and the inalienability of human rights to life and private property, found their consolidation in Art. 7 "All people are equal before the law ...", art. 3 "Everyone has the right to life ...", Part 2. of Art. 17 "No one can be directly deprived of his property" of the Declaration; 3) T. Hobbes's grounded law of nature, according to which every person is obliged to strive for peace and adhere to it, is reflected in the Preamble in the form of such a thesis about the general world: "recognition of the dignity inherent in all members of the human family and in the equal and their inalienable rights as the basis of freedom, justice and universal peace"; 4) the content of the third law of T. Hobbes, according to which "people are obliged to comply with the agreements they have concluded" defines the very nature of the Universal Declaration of Human Rights, its contractual origin (the declaration is the result of the consensus reached by the intergovernmental agreement on the need to respect fundamental rights human); 5) defined by T. Hobbes the meaning of freedom, which gave the right to use any means and to take any actions without which a person can not save himself, and also D. Locke's theory of "lawful resistance", according to which the people have the right to the rebellion as a preventive measure expressed in the preamble of the Universal Declaration of Human Rights by the following phrase: "in order to ensure that man is not compelled to resort to the latter as a means to an uprising against tyranny and oppression"; 6) G. Grotius was justified by the idea of freedom and equality as the fundamental values of the community; freedom (in its negative and positive values) and equality, which all have the same basic moral status and all the same rights, was reflected in the Preamble and Articles 1-5, Part 2 of Art. 16 of the international document under consideration; 7) postulated by J.-J. Rousseau's idea that every person is born free and is the ruler of herself, has found its attachment in the Preamble and Art. 1, 4, 5 of the Universal Declaration of Human Rights; 8) the fundamental character of Chapter 39 of the Grand Charter of freedoms, the formula of which is the idea of natural law and natural human rights, is reflected in Art. 10, 11 of the Declaration.