Defining Legal Standards, Human Rights, and Justice Principles

Foundations of Law and Legal Standards

The legal standard is one of the rules that govern our behavior. It is enforced compulsorily and serves as a protection mechanism of the State.

Two Meanings of 'Law'

1. Objective Law: The set of standards that is required to be performed (the body of rules itself).
2. Subjective Rights: The capacity to act that Objective Law allows us. The rules of law not only prohibit actions but also defend our freedoms. Examples: the right to life, freedom of conscience.

The Purpose of Law

The primary purpose of law is to ensure social order (security and peace), accompanied by justice.

Core Concepts in Jurisprudence

• Person: An individual with legal capacity (rights and duties).
• Capacity to Act: The ability that permits the exercise of rights.
• Public Law: Rules governing the State and its functions.
• Private Law: Rules governing private activity between individuals or entities.

Understanding Human Rights

Human rights are categorized based on their recognition:

• Positive Rights: Rights formally established and recognized by laws.
• Natural or Moral Rights: Rights that are not yet recognized by law (which may indicate an unfair legal system).

The laws of any country must respect the fundamental rights enshrined in its Constitution.

The State of Law and Legal Security

In a state of law, the legal framework controls the power and activity of the State. This structure provides legal security, which protects citizens from injustice.

Principles of Legal Certainty

Legal certainty ensures fundamental protections, including:

• Judgment can only occur according to laws that have been duly enacted.
• An accused person cannot be detained for more than 72 hours without appearing before a judge (based on Habeas Corpus).
• Torture is strictly prohibited.
• From the time of detention, a person has the right to a lawyer; if they cannot afford one, the State must provide one free of charge.

Legality and Legitimacy of Legal Norms

A legal norm is legal if it has been approved in accordance with established legal procedures.

A legal norm is legitimate if, in addition to being legal, it is also just.

Theories on the Legitimacy of Law

1. Legal Positivism: Legitimacy is found within the law itself (the law is legitimate because it is law).
2. Theory of Justice: Legitimacy is derived from something outside the law, stemming from ethical principles.

Human Dignity and the Treatment of Others

Hostility towards foreigners and discrimination are common issues in many societies. Historically, the status of “human being” has often been reserved only for members of a specific community. Discrimination also occurs based on gender, ethnicity, religion, ideology, lifestyle, sexual orientation, and other factors.

Harmful Approaches to Inclusion

It is a flawed approach to define a person's dignity based solely on belonging to a specific nation, culture, religion, ethnicity, or ideology. Furthermore, compelling foreigners to abandon their culture to fit into another nation is unacceptable.

Effective Solutions Based on Dignity

Human dignity does not originate from cultural, religious, or racial background, but fundamentally from membership in the human species.

The ultimate solution to this problem is articulated in Article 1 of the Universal Declaration of Human Rights (UDHR):

“All human beings are born free and equal in dignity and rights.”