Oldal 22 [22]
IZOLDA TAKÁCS: THROUGH A GLASS DARKLY
Thus, the human right to life as a prerequisite for all other rights, and the
right for the human being to live a dignified life are among the inalienable
rights, the same as developing one’s character and practicing one’s talents
without restrictions. The rights of the individual as a social being, and those
of the individual as a worker are built upon the inalienable rights. Taking this
into account, the inner circle is the fundamental right to life, dignity and
liberty of the biologically female or male individual, while the rights of the
social being belong to the second and third generations of Human Rights
representing equal rights for participation in the community and equal rights
to work, to peace, to property, etc.
Most significantly, during the course of history, at an important point in
its development of conscience-consciousness, humanity has recognized certain
human rights as obligatory and considered it essential to recognize them as
fundamental and inalienable birthrights regardless of gender, age, race, religion,
etc., i.e. any kind of protected characteristics. The creators of the statement
(the United Nations General Assembly’s Universal Declaration of Human
Rights) are in agreement without discord with regards to this realization.”
All other rights were thus based on the aforementioned — in concreto —
human rights as moral rights, which are granted to individuals irrespective of
whether a state recognizes their existence and/or guarantees their emergence
or not.
Moreover, according to this, no state can claim that the treatment of its
own citizens is purely internal. A state cannot do so even if it has no other
international treaty obligations. Although the first comprehensive interna¬
tional human rights document, the Universal Declaration of Human Rights,
is not a treaty in the legal sense, but a non-binding recommendation made by
the General Assembly, most international jurists have already considered it a
normative document. Today, modern states recognize human rights by in¬
corporating them into their own legal system, more specifically into their
constitution.
The basis of human rights in Hungary is the Constitution, accepted on 18
April 2011, entering into force on 1 January 2012. Article I (1) states: "A persons
inviolable and inalienable rights must be respected”.'* Gender equality is en¬
shrined in our Constitution due to historical reasons. Article XV (3) deals with
this subject, stating: “(3) Women and men are equal.”
2 Frivaldszky, J. (2015): Az emberi jogok természetjogi megalapozásának kortárs problémáiról
a legújabb olasz jogfilozófiai irodalom tükrében, https://frivaldszkyjanos.hu/wp-content/
uploads/2015/12/Az-emberi-jogok-termeszetjogi-megalapozasanak-kortars-problemairol.pdf
(accessed 12 November 2019), 10.
13 Kiss, B: Az egyenlő bánásmód elvének és a hátrányos megkülönböztetés tilalmának jogi sza¬
bályozása, Acta Juridica et Politica, 2003, Tomus LXIII Fasc. 12.
4 Magyarország Alaptörvénye, https://net.jogtar.hu/jogszabaly?docid-a1100425.atv (accessed
12 November 2019).
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