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The Modern State and Human Rights

            The emergence of the modern state brought into being human rights. The challenge of human rights is straightly connected with the history of the modern state. State can be viewed as an organization that promotes the interests of its members in the fight for resources among different communities, on the other side, state is a threat to the life and wellbeing of its members. The function of human rights is to reconcile the effectiveness of state power and protect against the same state power. In general, state is a guarantor of human rights that has to protect individuals, however, as can be seen in the history, the state have infringed the rights of citizens. Up to the 20th century, there was not any international institutions with monitoring function. There was no authority over and above the heads of independent kingdoms like England, France, Russia, or Sweden. The so called - "Holy Alliance" which was formed from the Vienna Peace Conference of 1815, the main aim of Holy Alliance was to protect monarchical legitimacy against any challenges by democratic force. However, it has not considered about fundamental rights of the citizens. After Prussia and Austria had fought a war in 1866, Holy Alliance finished its mission and was completely dead. .
             Human rights is an essential element of any constitutional order at the national level. The German Empire under the Constitution of 1871 and France's Third Republic of 1871 had in their constitution any sections dealing with fundamental rights of the citizen. Only after World War 1, after 1918, the role of the government was concentrated on the task to respect and ensure basic rights of the individual. 1.Protection of human beings by denial of human rights. The older doctrine contains peace and protection of citizens without employing modern human rights terminology by denying him/her the benefit of any rights vis-à-vis the ruler, whose task was seen as preventing armed conflicts between different social groups.

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