INTERNATIONAL HUMAN RIGHTS

The International Human Right Law



The International Human Right Law

Introduction

Human rights law known as the international legitimacy of human rights, a component of the Universal Declaration of Human Rights (1948) and the International Covenant On Civil And Political Rights and the International Covenant on Economic, Social (1966) and Albrootakulan Protocols.

In this report, we will discuss the concept of proportionality in limited human rights and human rights that can face derogation, then, we will discuss how the European Court of Human Rights has formulated the limits of the state's obligation to protect human rights in private relationships, and finally the concept of social and economic rights in EHCR. I have discussed these concepts with reference to the book, “International human rights law: cases, materials, commentary”, written by De Schutter.

Discussion

Question 1: Most rights may be restricted or subject to derogation. Discuss how the concept of proportionality has been interpreted and applied.

The concept of proportionality in the international human rights calls for exercising no more than what is essential so as to attain a desired outcome that is reasonable and lawful. Put differently, there has to be a sensible association between the ways that one has used to achieve a result (Schutter 2010).

Proportionality, as a basic idea, does not comprise of any intrinsic criterion; however, it makes reference to an appropriate equilibrium between all pertinent components. It is all the same basic to make systematic eminences, which would assist a person in recognizing assumptions of its application within diverse settings.

A few treaties of human rights had conceived of a system of derogations of human rights to allow states governments and courts to align their duties for a short period under prodigious settings, i.e. in case of a public emergency that seems to be a threat to the life of the whole nation. Instances of situations of emergency include fortified battles, violent and civil agitation, natural and environmental disasters.

Even, though, the international human right laws only allows monumental steps, their robustness is a matter of execution of numerous requirements that are set forth by the laws, like qualifications of a problem, impermanency, promulgation and presentment, proportionality, legality, consistency with other obligations under the international human rights law. In its core spirit, clauses of derogation convey the concept that states of emergency do not create a legal vacuum.

In limited human rights, i.e. the rights that are not absolute, and provide space for derogation, the international human rights act has specified that measures of derogation have to be fixed to the degree that is strictly required by the emergencies of a situation,  i.e. they have to proportionate and harmonious. In this way, the concept of proportionality in the international human rights law comprises one of the most substantial limitations to the power of emergency and requires explicit examination and explicit vindication of every measure that the State is going to take in return to a situation of emergency, instead of an abstract judgment of the situation (Schutter ...