- 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
- <i>Jus Cogens</i> and Obligations <i>Erga Omnes</i>
- 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 influence of general principles of law and constitutions in the formulation of human rights standards and in their interpretation and application by international courts, particularly the Universal Declaration of Human Rights (UDHR). It describes and compares the application and interpretation of human rights by the International Court of Justice (ICJ), the European and Inter-American Courts of Human Rights, and the Court of Justice of the European Union (CJEU). This article also highlights the fact that majority of human rights instruments and provisions subsequently adopted at the national and international levels have built upon the guarantees elaborated by the UDHR.
Michael O’Boyle was elected Deputy Registrar of the European Court of Human Rights in 2006 and was re-elected in 2011. He has worked extensively as a lawyer with the former European Commission and Court of Human Rights as well as the present Court. He graduated in law from Queens University, Belfast, and was called to the Bar in Northern Ireland. He was a Kennedy Scholar at the Harvard Law School where he obtained his LLM and holds a Diploma from the Cassin Institute for Human Rights in Strasbourg. He is the co-author (with Professors Harris, Warbrick, E Bates and C Buckley) of The Law of the European Convention on Human Rights (OUP 2009).
Michelle Lafferty is a legal secretary/référendaire with the Registry of the European Court of Human Rights. She graduated from the University of Glasgow and was admitted as a solicitor in Scotland in 2003 (currently non-practising). She holds Masters degrees from the European University Institute, Florence, and Birkbeck College, London. Before joining the Registry, she worked as a legal adviser to the House of Lords’ European Union committees and, formerly, in private practice.
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