Šiuolaikinės žmogaus teisių konstitucinės doktrinos tendencijos

Abstract

In the jurisprudence of the Constitutional Court of the Republic of Lithuania (hereinafter - the Constitutional Court), the jurisdiction of human rights plays the role of utmost importance; it is very rare that a Constitutional Court ruling (act) does not include provisions of the doctrine of human rights. This doctrine is constantly developed and new elements thereof appear. The aim of this article is to analyze the new elements of the constitutional doctrine of human rights which came to light in the Constitutional Court jurisprudence of the beginning of the 21st century, even though, some of them may be assessed as a certain result of the development of the previous doctrine. The following tendencies of the constitutional doctrine are singled out in the article: human rights are considered as the rights which are protected not only from the unlawful interference of the state but also of other subjects; formation of the doctrine of the original and derived (explicitly and implicitly Consolidated) constitutional rights; recognition of social rights as individual rights, for which judicial defense must be guaranteed; recognition of the principle of integrity and indivisibility of human rights; recognition of the status of absolute rights for certain rights; in the doctrine of restriction of human rights - specificity of the restrictions, determined by the particularities of the implementation of the right itself; and direct defense of the human rights which are entrenched in international documents. In the article, the author addresses particular elements of the said tendencies of the constitutional jurisdiction, and it is to be noted that certain new tendencies are still in the process of development. The changes in the doctrine of the human rights are also analyzed while taking account of the development of the international human rights doctrine.