Šta zdrav razum može da učini za ljudska prava

Dokmanović, Mirjana (2018) Šta zdrav razum može da učini za ljudska prava. Pravni život : časopis za pravnu teoriju i praksu, 67 (12). pp. 481-493. ISSN 0350–0500

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Abstract

One of the difficulties in transposing human rights into practice is due to their broad generality that enable different interpretations about the modes of exercising those rights. The prevalence of human rights violations implies the necessity of shifting the focus from dealing with improvement of the form (norms) towards dealing with the substance (moral, justice, and equity). Human rights have to be driven back to their source – an intent to limit the power of Government and to make it just and responsible. The paper stresses the need to review respect of the norms of human rights from a common sense perspective as a necessary starting point for social theories and practices. It is ratio that tells a human being that it is necessary (rationale) to associate with other human beings to safeguard one’s needs and interests; this association has to be based on the principles of mutual respect, justice and equity in order to achieve the goal. The paper concludes that the appreciation of ratio as a cognitive and pragmatic resource contributes to the regulation of practices in a way that directly and indirectly enable enjoyment of human rights. The paper proposes a model of examining the mode of implementation of human rights from the perspective of common sense that would contribute to the prevention of human rights violations and harmful consequences in practice.

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