HUMAN RIGHTS ARE PROTECTED BY PRECEDENT

Abstract

Human rights are the highest inherent value of humanity. All people are born with human rights, however, the equality, freedom and charity values ​​of each person are always hidden, deprived by other people. Therefore, society always attaches great importance to the protection of human rights. In civilized society, law is one of the most popular human rights protection tools and has proven to be superior to other tools and means. Laws have many forms of existence, such as legal documents, legal cases, customary practices. In the types of law, case law has proved that the effectiveness of human rights protection should be widely used and increasingly valued in most legal systems in the world. The effectiveness in the protection of human rights of case law is clearly demonstrated by its specific protection of rights, such as: the principle of stare decisis (to stand by things decided)- the principle of precedent, under which it is necessary for a court to follow earlier judicial decisions when the same points arise again in litigation. Beside, case law proves its advantages compared to other types of law, such as: it is created by the judicial process, which is individualized, thus limiting the risk of  individual's rights being overwhelmed by the majority.