| Abstract [eng] |
The master 's thesis examines borderline cases of human rights and public interest as interrelated categories. Attention is paid to the issue of determining boundaries the public interest and human rights by using the proportionality model. The first part of the thesis contains conceptual review of human rights, which employs the typology of subjective rights as well as the tripartite legal scheme. It reveals that the expansion of human rights has a direct impact on the reduction of the freedoms of other members of society. Therefore, further development of human rights have to be based on the premise that not every human interest should be called a human right. Applying an additional threshold test could provide greater clarity in the process of declaring certain interests as human rights. In such cases when the obligation caused by the introduction of a certain interest as a human right poses a disproportionate burden on other people's lives, that interest would not pass the threshold test. The second part of the thesis indicates that the criteria established by the courts for assessing the public interest and determining its boundaries are insufficient. The quality of court decisions would be improved by citing specific concepts of public interest. The unitary concept of the public interest could be useful because it guides the courts to take into account the values recognized in society. Consequently, the protection of the public interest should not be seen as an external restriction on human rights, but as a condition for the very existence of human rights. The third part of the work is concluded with a finding that in order to address the issue of determining human rights and public interest, the future case law should pay more attention to three aspects: the definition of the public interest in legal act, the influence of social factors, and, finally, developing additional methodological approaches to legal theory. |
