Lead freedom and rights to crime

16. Human rights (legal ethics I)

In the course of the 20th century human rights have become globally a not undisputed, but highly effective and significant guideline for the legitimacy of political action and a symbol par excellence for the fundamental rights of people. Of course, this does not mean that fundamental violations of these rights no longer occur; Atrocities such as torture, genocide and other crimes against humanity continue to be committed, if the legal values ​​of human dignity, freedom and equality of all people in many parts of the world are very far from being realized. But the increasing density of legal standardization and positiveization of human rights - in the national constitutions of democratic states as well as in more and more international regulations - and their increasing importance in regional and global political discussions and disputes mean that such violations are no longer ignored and always rarely go unpunished. The establishment of international courts, such as the European Court of Human Rights (see above) or the International Criminal Court (see above), ensures the enforcement of human rights institutionally; actions by governments or international companies that violate human rights are "scandalized" by non-governmental organizations as instances of a critical world public and attracts them strong media attention.

Many problems remain to be solved on the way to a sustainable realization of human rights, even if their fundamental validity is hardly disputed even in the international context. In moral or political debates, the concrete content of fundamental and human rights is discussed. Practically as well as theoretically significant is the question of a transcultural justification of human rights ((Gosepath 2008) Online) in order to legitimize their universal validity despite their historical origins in the “western” history of ideas against fears of political instrumentalization or “cultural imperialism”.

For information on the protection of human rights under international law, see Chapter 6.

Repeat and deepen what you learned in the lecture in this chapter!