BOOK CHAPTER (167-182)
Some contemporary issues of human rights protection within the framework of international law
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Mediterranean University of Albania |
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ABSTRACT
The problem of the implementation of human rights in the modern world, proposed for consideration in the article, is actualized by the need to clarify the reasons why in the modern world the attitude towards human rights and their observance has not become dominant, why the authorities in many countries of the world, publicly presenting themselves as supporters of human rights, in fact oppose its implementation in real life and what are the difficulties of monitoring the observance of human rights? The researcher’s work resulted in the conclusion that, firstly, the attitude towards human rights in the modern world has become contradictory, since the authorities are dominated by the idea that human rights activities do not contribute to maintaining stability in society, and ordinary citizens do not believe in the real possibility of protecting their rights from the state; secondly, positivist positions dominate in the legal environment, according to which state structures have a monopoly on the creation of legal norms and claim the exclusivity of their position in the legal field; thirdly, positive law is often accompanied by an imitation of human rights, which is most characteristic of states with authoritarian political systems; fourthly, authoritarian power turns to the imitation of human rights in order to save face and its status as a formally democratic state; fifthly, human rights are not recognized by all states in the world: they have become universal or almost universal for the countries of the Western world with its guarantees of rights and freedoms, individualistic worldview, while in countries of Islamic traditions and culture a direct ban was imposed, which is a consequence of the manifestation of the basic values of Eastern civilization; sixthly, under the influence of Euroscepticism, which prevailed after the Eurozone crisis in 2013–2014, constitutional modernization was replaced by systemic retraditionalization, as a result of which the concept of human rights was subject to adjustment, which was expressed in a conflict of theoretical ideas, norms and political practices.
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