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...

Full description

Bibliographic Details
Main Authors: ali hasankhani, Jamal Seifi
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
_version_ 1797359442609569792
author ali hasankhani
Jamal Seifi
author_facet ali hasankhani
Jamal Seifi
author_sort ali hasankhani
collection DOAJ
description 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.
first_indexed 2024-03-08T15:17:37Z
format Article
id doaj.art-ca1a57a786cf465e8c1e101ab3ed78c4
institution Directory Open Access Journal
issn 2345-6116
2476-6216
language fas
last_indexed 2024-03-08T15:17:37Z
publishDate 2017-12-01
publisher Allameh Tabataba'i University Press
record_format Article
series Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
spelling doaj.art-ca1a57a786cf465e8c1e101ab3ed78c42024-01-10T10:50:46ZfasAllameh Tabataba'i University PressFaṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī2345-61162476-62162017-12-011956345810.22054/qjpl.2017.11593.12688086Countermeasures for Human Rights Obligationsali hasankhani0Jamal Seifi1shahid beheshti universityShahid Beheshti University, Faculity of LawIn 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.https://qjpl.atu.ac.ir/article_8086_e73147ef7f6e1fd1f39484868729d796.pdfkey words: countermeasureshuman rights obligationsself-contained regimesreciprocity of rights and dutiescollective interests
spellingShingle ali hasankhani
Jamal Seifi
Countermeasures for Human Rights Obligations
Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī
key words: countermeasures
human rights obligations
self-contained regimes
reciprocity of rights and duties
collective interests
title Countermeasures for Human Rights Obligations
title_full Countermeasures for Human Rights Obligations
title_fullStr Countermeasures for Human Rights Obligations
title_full_unstemmed Countermeasures for Human Rights Obligations
title_short Countermeasures for Human Rights Obligations
title_sort countermeasures for human rights obligations
topic key words: countermeasures
human rights obligations
self-contained regimes
reciprocity of rights and duties
collective interests
url https://qjpl.atu.ac.ir/article_8086_e73147ef7f6e1fd1f39484868729d796.pdf
work_keys_str_mv AT alihasankhani countermeasuresforhumanrightsobligations
AT jamalseifi countermeasuresforhumanrightsobligations