The Issue of Correlation between Absolute and Relative Human Rights Logical-Gnosiological Analysis

Abstract

Due to applying the newest methodological techniques in performing a profound scientific logical-gnoseological analysis, the article under discussion reveals certain axiological factors, which might be regarded as ontological "markers" of such indispensable human rights as the right to life and the right to personal inviolability. In order to achieve the goal, set by the authors of the article, they have carried out a profound juridicalphilological analysis of the contents of the articles of the II and III European Conventions on of Human Rights of 1950 [1]. While analyzing the juridical contents of numerous cases, heard by the European Court of Human Rights on the protection of the right to life and the right to personal inviolability, the authors of the article have reached somewhat ambiguous conclusions. The latter may serve as an efficient ground for further research in the field of logicalgnosiological analysis of the human rights protection, ensured by the European Convention on Human Rights of 1950. In particular, the article under studies reasonably questions the unambiguous perception of the individual's right to personal inviolability as something absolute and indisputable. This critique has been stipulated by a profound logicalontological analysis of the court file of the lawsuit "Gäfgen v. Germany" [2], which was heard by the European Court of Human Rights. In addition, the authors of the article have certain doubts concerning the fact that the individual's right to life has been referred to as a relative one. The above doubts have resulted from a profound logical juridicalphilological analysis of the lawsuit court file "McCann and Others v. United Kingdom"