sources of HR and derogations

Question 1

sources HR def

Answer 1

provide foundation for legal protection of HR
guide enforcement of HR

-international treaties
-customary international law
-judicial decisions
-national constitutions

Question 2

international treaties

Answer 2

inter T = UDHR
regional convention = ECHR
=> legal oblig of States to respect, protect and fulfill HR of individuals;

UDH not binding but “soft law” and influence binding treaties and national laws

Question 3

customary international law

Answer 3

State persistent practice accepted by all
-recognition of rights as universally applicable becoming binding

Question 4

judicial decisions

Answer 4

ICJ
ECtHR
=>interpretation and application HR law
=>setting precedents gudiing future legal decisions

Question 5

aim of sources of HR laws

Answer 5

-protection HR globally
-responsability state
-legal avenues to seek justice when rights infringed

Question 6

concept of derogation def

Answer 6

temporary suspension of certain rights under exxceptional circumstances

critical = in certain times, full protection of some rights not guaranteed
//
needed = taking necessary measures to restore public order/national security

Question 7

legal base of derogation

Answer 7

ART15 ECHR
derogation of certain rights during state of emergency

measures taken
-strictly required
-proportional

limits
-information of measures to other states parties to the treaty
-no derogation for certain rights (prohb torture or slavery)