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Human rights are part of the European tradition and they have had a long genesis. During this process, the approach to human rights has changed so that they have transformed into claims. This approach is used in the modern age, when human rights are perceived as subjective rights, whereby their development also involves their expansion. Courts, which decide on the specific application of the general provisions of legal regulations, play a completely fundamental role in this process. Naturally, extra-legal factors are also manifested in this decision-making and it is often possible to assume that judicial applications exceed the limits given by legislators. One of the consequences of this may be the politicisation of judicial decision-making in the area of human rights or the absolutisation of the protection of the human rights of the individual. The correction of the judicial approach is very difficult, because court decisions essentially end political discourse on certain questions which themselves may be highly politicised. It would therefore seem important to find the correct place for the role of the courts in the field of human rights protection.