Countermeasures for Human Rights Obligations

Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī

关键词: Countermeasures;    Human Rights Obligations;    Self-Contained Regimes;    Reciprocity of Rights and Duties;    Collective interests;   

DOI  :  10.22054/QJPL.2017.11593.1268

来源: DOAJ

【 摘 要 】

In the absence of a fully organized super-State in the field of international relations, it is recognized that the injured State may take countermeasures in response to a breach of an international obligation. However, the scope and the circumstances of resort to countermeasures are not unlimited, especially when dealing with States which have violated their human-rights obligations. Human-rights obligations enjoy particular characteristics and are different from other obligations in certain respects among which are the object and purpose of the human-rights obligations. They are intended to facilitate the enjoyment of human-rights and freedoms by the human beings rather than the regulation of reciprocal inter-state relations. For these reasons, resort to countermeasures in the event of breach of human-rights obligations is either prohibited or it should be made in a manner which does not impair the full application and enforcement of the human-rights obligations.

【 授权许可】

Unknown