Oldal 23 [23]
OCR
EQUAL RIGHTS BETWEEN SEXES Article 66 (1) of Act XX of 1949, the former Hungarian Constitution also stated full equality between men and women: “The Republic of Hungary shall ensure the equality of men and women in all civil, political, economic, social and cultural rights.” In other words, it introduced and unified the new elements of the legislation that led to the legal equality of women in Hungary." Among the international rules on the situation of women, the 1953 UN Convention on the Political Rights of Women, the 1957 Convention on the Citizenship of Married Women and the 1962 Convention on the Rights of Women for Marriage are specifically worth mentioning.’ Human rights are therefore among the inviolable and inalienable rights of all human beings. As Rawls explains in his A Theory of Justice, it is because of the fact that every person is human, so certain rights are equally meant for everyone. This is the most basic requirement of social coexistence and justice. In other words, not only were these rights declared after World War II, but stating the unity of the human race became equally important along with it. According to certain scholars, contemporary humanism is an abstract and legal-moral attempt to establish human unity, regardless of biological-natural factors, and independent of human nature.” Based on this equality, people can agree on additional principles of social organisation that they consider to be fair, regardless of the social situation of any individual, meaning that these principles of justice are, according to Rawls, completely objective. They are, therefore, “principles which operate under all other conditions, that is to say, which everyone would agree with, even if they were completely equal or if they did not foresee their social status.”"* According to naturalist Maritain, referring to the inviolability of fundamental rights, it also stated that the right to obey the law is generally a moral obligation only if specific laws meet these requirements of natural law. Because, as Rawls claims, we have natural rights because a human is a person, not just a biological entity of a community.! Let us however also remember that, by contrast, when defining the concept of law, Hart considered a broader interpretation thereof. In his view, there are rules that are legitimate along the rules of recognition of the legal system and these can be both morally just and 5 1949. évi XX. törvény. A Magyar Népköztársaság Alkotmänya, https://net.jogtar.hu/getpdf?docid=94900020.T V&targetdate=fffffff4&printTitle=1949.+%C3% A9vi+XX.+%C3%B6 rv%C3%A 9ny&referer=http%3A //net.jogtar.hu/jr/gen/hjegy_doc.cgi%3Fdocid%3D00000001. TXT (accessed 10 November 2019); Act XX of 1949. The Constitution of the Republic of Hungary, https://www2.ohchr.org/english/bodies/cescr/docs/E.C.12. HUN.3-Annex2.pdf (accessed 10 November 2019). 16 Cf. Kovács: Nemzetközi jog, 376. Barcsi, T: Az emberi méltóság filozófiája, Budapest, Typotex, 2013, 11. Rawls, J.: A Theory of Justice, Cambridge, Massachusetts, Harvard University Press, 1999,11. Revised edition. Cf. Paksy, M.: Hart , visszatérő kérdései" és a francia jogbölcseleti hagyomány. PhD thesis, manuscript, PPKE Jog- és Államtudományi Doktori Iskola, 2011, 23. = S = 60 21.
