This study is focused on the fundamentals human rights and their procedural protection both on national and international level. After definition of the term fundamentals human rights and a brief overview of the development of the fundamentals human rights, the incorporation of the fundamentals human rights into the system of law of the Czech Republic and into the international documents is summarized. Special attention is paid to the constitutional complaint procedure at the constitutional court of the Czech Republic, and in this context to the determination of the rights to a fair trial, one of the aspects in particular – constitutionally juridical proofs weaknesses in the judicatory of the constitutional court.