By Saladin Meckled-García, Basak Cali
ISBN-10: 0203008685
ISBN-13: 9780203008683
ISBN-10: 0415361222
ISBN-13: 9780415361224
The idea that of 'human rights' as a common objective is on the centre of the foreign level. it's now a key half in discourse, treaties and in household jurisdictions. notwithstanding, as this learn exhibits, the controversy round this improvement is really approximately human rights legislations. this article scrutinizes the level to which legalization shapes the human rights excellent, and surveys its moral, political and useful repercussions. How does the legislations effect what we expect approximately rights? What extra is there to such rights than their felony protection? These specialist members method those questions from a number views: political theory/moral thought, anthropology, sociology, foreign legislation, foreign politics and political technology, to carry a range of methodologies. This publication is vital examining for these wishing to strengthen a transparent realizing of the connection among human rights beliefs and legislation and for these operating towards the fostering of a genuine human rights tradition.
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Additional info for The Legalisation of Human Rights Multidisciplinary Approaches
Example text
A narrow version of this view, and the one we need to respond to, holds that the distinct practice which supplies us with our notion of human rights is the practice of law, in particular IHRL (Walters 1996). The main problem with the positivist view is that it cannot supply an account of what makes any particular positive law into human rights law, or any particular positive right into a human right for that matter. If there is nothing more to human rights than human rights law, or legal rights, then the special role of these rights, which of necessity makes reference to extra-legal aims and objectives, cannot be explained, nor can they be differentiated from other types of legal right.
UK (1976) ECtHR 1 EHRR 737; Jerslid v. Denmark (1994) ECtHR Application No. 15890/89; Zana v. Turkey (1997) ECtHR Application No. 18954/91. The doctrine is also referred to in Inter-American Court of Human Rights, Costa Rica Advisory Opinion, OC-4184 of January 1984, Series A No. 4, para. 62; and at the Human Rights Committee (Hertzberg et al. v. Finland (1982) Human Rights Committee (ICCPR) Communication, UN Doc. A/37/40, 1982, para. 3). The legislation of human rights 26 24 For example, the aim of the ‘protection of morals’ provision in imposing restrictions on human rights, whilst not invoked frequently, is particularly problematic.
Freeman, M. (2002) Human Rights , Cambridge: Polity Press. Frey, B. (1997) ‘The legal and ethical responsibilities of transnational corporations in the protection of international human rights’, Minnesota Journal of Global Trade , 6(153): 152–88. Gearty, C. (2004) Adjudicating Human Rights , Oxford: Oxford University Press. Geuss, R. (2001) History and Illusion in Politics , Cambridge: Cambridge University Press. Gewirth, A. (1982) Human Rights: An Essay on Justification and Application , Chicago, IL: University of Chicago Press.
The Legalisation of Human Rights Multidisciplinary Approaches by Saladin Meckled-García, Basak Cali
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