| Abstract [eng] |
The final master's thesis analyzes the role of morality in the interpretation of human rights in legal theory and practice, examining the most important international legal acts, doctrine and international case law. This topic is revealed through the prism of the Gaza Strip case. Legal norms alone cannot ensure true justice - for this, a moral level is necessary, helping to interpret and apply law based on the principles of human dignity, justice and fairness. Analyzing this topic of the master's thesis also reveals the inaction of the international community and the absence of moral responsibility in the face of the Gaza tragedy. The thesis analyzes the concept and functions of morality, emphasizing its origin, development, and the essence of Radbruch's formula. The role of morality in the legal system is also examined: aspects of the separation of morality and law are analyzed; the modern approach to the role of morality in the legal system is emphasized; the principle of justice is treated as a link between law and morality. The topic of the work clearly distinguishes the meaning of morality in the context of human rights, examines the relationship between natural human rights and morality, emphasizing the idea of human nature and natural justice and the consolidation of moral principles in early human rights theories; also examines the consolidation of moral values in international human rights documents, emphasizing the reflection of morality in the Universal Declaration of Human Rights, the expression of moral principles in the European Convention on Human Rights, and the role of the Genocide Convention. The analysis of the Gaza Strip case allowed us to draw conclusions related to the moral nature of the principles of proportionality, protection of civilians, and humanism in international humanitarian law; the ethical dilemma between the concept of "self-defense" and collective punishment; the moral and political collapse of the responsibility to defend doctrine and the arguments of the International Court of Justice and the International Criminal Court regarding the protection of civilians and the qualification of genocide. |
