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Article/Publication Details
Ľudské práva: medzi teóriou a praxou
(Human Rghts: Between Theory and Practice)
Bratislava : VEDA, vydavateľstvo SAV, 2023, 148 s.
ISBN 978-80-224-2019-8
The monograph thematizes the issue of human rights with regard to the possibilities and limits of philosophical analysis. Against the background of the explanation of the differences between the philosophical-moral, political and legal approach, the question of the justification of the idea of human rights, its universality, and various approaches (from anthropological, internalist, externalist justification) is emphasized, while the question of the relativity of human rights is also thematized. Criticism of the idea of human rights and its current forms is also examined (Alain de Benoist, Roger Scruton). In particular, the idea of human dignity as the basis of human rights from a historical and systematic perspective is critically analyzed and its limitations are pointed out, while Kant's idea of the practical freedom of autonomy is critically reflected. Against the background of relevant domestic and foreign literature, the relationship between individual and collective rights is also assessed and the inadequacy of the liberal and neoliberal preference of the individual's political and civil rights over social rights is analyzed. In this context, the experience of limiting human rights, legal and illegitimate, during the Covid-19 pandemic, is also described. Considering this global experience, the relationship between democracy and human rights, the modalities of this relationship, are examined. It turns out that legal codification moves the issue from abstract philosophical analyzes to the political specification of their content. In a historical perspective, today's shift from equality and freedom as key principles of human rights issues towards the enforcement of the principle of non-discrimination and the consequences of this shift are examined. At the level of criticism of cultural relativism, the universality of the idea of human rights is defended, but their instrumentalization as an ideology applied mainly in international relations is rejected. In view of globalization, the issue of so-called global justice and human rights, the institutionalization of their enforcement and protection are investigated. At the end of the book, the issue of protecting the human rights of persons with disabilities is also examined, taking into account the shortcomings of liberal policy with an emphasis on social policy in the conditions of the Slovak Republic.