Human duties within the framework of human rights concept

Tyumen State University Herald. Social, Economic, and Law Research


Vesntik TSU. law (#3). 2012

Human duties within the framework of human rights concept

About the author:

Anatoliy S. Shaburov, Dr. Sci. (Jur.), Professor, Honorary Figure of Russian Higher Education, Department of Theory of State and Law, Ural State Law University (Yekaterinburg);


The paper considers the category of “duty of man” and the possibility of its analysis within the concept of human rights. Human beings and their rights and freedoms are the supreme value. Playing a vital role in regulation and constitutional status, the category of «human rights» has been deeply studied by legal science. In contrast, a «legal duty» as a legal category, has not yet obtained the regulatory consolidation as «duty of man» and is not analyzed in jurisprudence. The analysis of this category has shown that it has no properties and characteristics to interpret it as «duty of man». Human rights do not correspond to its legal responsibilities, but social (positive) responsibility. This responsibility is not of a legal character and cannot be identified as either a «positive legal responsibility» or as a «legal duty of man».