- Table of National Cases
- Table of Treaties, Declarations, and Other International Instruments
- Table of Abbreviations
- Notes on the Contributors
- Moral Philosophy
- Biological Foundations of Human Rights
- Sociology of Human Rights
- The Psychological Foundations of Human Rights
- Anthropology and the Grounds of Human Rights
- The Foundations of Justice and Human Rights in Early Legal Texts and Thought
- General Principles and Constitutions as Sources of Human Rights Law
- The Anti-Slavery Movement and the Rise of International Non-Governmental Organizations
- Diplomatic Protection as a Source of Human Rights Law
- Humanitarian Law as a Source of Human Rights Law
- Social Justice, Rights, and Labour
- The Protection of Minorities under the Auspices of the League of Nations
- Human Dignity
- Democracy and the Rule of Law
- The Law-Making Process: From Declaration to Treaty to Custom to Prevention
- Core Rights and Obligations
- Jus Cogens and Obligations Erga Omnes
- Positive and Negative Obligations
- From Commission to the Council: Evolution of UN Charter Bodies
- The Role and Impact of Treaty Bodies
- The Role of International Tribunals: Law-Making or Creative Interpretation?
- Universality and the Growth of Regional Systems
- National Implementation and Interpretation
- Roles and Responsibilities of Non-State Actors
- Interpretation of Human Rights Treaties
- Enforcing Human Rights Through Economic Sanctions
- Transnational Litigation: Jurisdiction and Immunities
- The Use of International Force to Prevent or Halt Atrocities: From Humanitarian Intervention to the Responsibility to Protect
- Trade Law and Investment Law
- Creating and Applying Human Rights Indicators
- What Outcomes for Victims?
- Human Rights Make a Difference: Lessons from Latin America
Abstract and Keywords
This article examines the three main approaches in the identification of the core rights and obligations in international human rights law. These include the consideration of some human rights as being superior or more fundamental than others, the notion that each human right encompasses an essential core and the definition of core obligations of the state in relation to the enjoyment of human rights. This article suggests that the best way to achieve a thorough understanding of the normative quality and content of human rights as legal rights is to combine these three approaches.
Public International Law, European University Institute
Martin Scheinin is Professor of Public International Law and Human Rights at the European University Institute since 2008, after serving 15 years as professor in Finland. In 1993-1998 he was Professor of Constitutional Law at the University of Helsinki where he also got his doctorate in law in 1991. In 1998-2008 he was Professor of Constitutional and International Law and Director of the Institute for Human Rights at Åbo Akademi University in Turku, Finland. He was the founder of the Finnish Graduate School in Human Rights Research as well as the Nordic School in Human Rights Research. In 1997-2004 he was a member of the United Nations Human Rights Committee, the treaty body acting under the Covenant on Civil and Political Rights. In 2005 he was appointed as the first United Nations Special Rapporteur on human rights and counter-terrorism, a position of trust he held until July 2011. He was one of the senior legal experts in the FRALEX network, providing advice and producing reports to the EU Fundamental Rights Agency. Within the International Law Association, he has served on the Committee on Human Rights Law and Practice as well as the Committee on the Rights of Indigenous Peoples. Since 2010 he is the President of the International Association of Constitutional Law. He has published extensively in the fields of human rights law and comparative and Finnish constitutional law.
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