Countermeasures for Human Rights Obligations
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, e...
| Main Authors: | , |
|---|---|
| Format: | Article |
| Language: | fas |
| Published: |
Allameh Tabataba'i University Press
2017-12-01
|
| Series: | Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī |
| Subjects: | |
| Online Access: | https://qjpl.atu.ac.ir/article_8086_e73147ef7f6e1fd1f39484868729d796.pdf |
| Summary: | 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. |
|---|---|
| ISSN: | 2345-6116 2476-6216 |