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Global Responsibility for Human RightsWorld Poverty and the Development of International Law$
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Margot E. Salomon and Foreword by Stephen P. Marks

Print publication date: 2007

Print ISBN-13: 9780199284429

Published to Oxford Scholarship Online: January 2009

DOI: 10.1093/acprof:oso/9780199284429.001.0001

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A Doctrine of Basic Universal Rights and Supra-positive Obligations

A Doctrine of Basic Universal Rights and Supra-positive Obligations

Chapter:
(p.160) 4 A Doctrine of Basic Universal Rights and Supra-positive Obligations
Source:
Global Responsibility for Human Rights
Author(s):

Margot E Salomon

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199284429.003.0005

This chapter examines the jurisprudential and doctrinal developments in support of the existence of a general principle of international law to respect and observe human rights in the main. It then advances the premise that the basic rights of the human person of which this principle consists, today, must include socio-economic rights. It argues that the status of a universal principle to respect and observe human rights has been elevated to a level where it legally binds all states. Since the adoption of the UN Charter and the subsequent strengthening of a common commitment to human rights, an appreciation that there are fundamental rules regarding respect of the human person, and thus the protection of human rights has entered into the body of customary international law.

Keywords:   human rights, international law, basic rights, international community, socio-economic rights

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