Pro homine principle: An axiological compass in interpretation norms in the field of human rights

Abstract

The pro homine principle plays an important role in the objectification of the legislative process and the interpretation of regulations. The current paper presents the pro homine principle as a means of realisation and a “canon of interpretation” in the pursuit of more effective and more efficient protection of the rights of the individual. The discussed principle may also be used to fill in lacunas in international treaties, as well as to ensure axiological cohesion, which may lead to crystallisation, clarification of norms or their evolution into principles of conventional nature. Implementation of the pro homine principle supports in detecting and counteracting arbitrariness and identifying protective measures that remain merely declarative in nature.