Victims of human rights violations and victims of human rights restrictions
The purpose of international human rights law is to protect basic individual rights and provide to the victims of violations legal remedies against the authors of the abuses. One major difficulty faced in this context originates in the limiting clauses that states insert in international co...
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| Format: | Article |
| Language: | English |
| Published: |
Victimology Society of Serbia and Prometej-Beograd
2014-01-01
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| Series: | Temida |
| Subjects: | |
| Online Access: | http://www.doiserbia.nb.rs/img/doi/1450-6637/2014/1450-66371401029R.pdf |
| _version_ | 1819231685746622464 |
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| author | Reiter Axelle |
| author_facet | Reiter Axelle |
| author_sort | Reiter Axelle |
| collection | DOAJ |
| description | The purpose of international human rights law is to protect basic individual
rights and provide to the victims of violations legal remedies against the
authors of the abuses. One major difficulty faced in this context originates
in the limiting clauses that states insert in international conventions. This
paper looks at their compatibility with human rights agreements, in the view
of strengthening the legal avenues open to the victims and the possibility
for them to obtain redress. The crucial position of human rights at the core
of the notion of international public order conditions the approach to adopt
in relation to most issues that touch upon the scope and substance of
protected rights, including withdrawal from treaties, reservations, implied
limitations, overtly broad or inappropriate restrictions, misguided
interpretations and failure to apply the relevant provisions. It is put
forward that limiting clauses should be narrowly construed and most
restrictions discarded altogether. |
| first_indexed | 2024-12-23T11:48:54Z |
| format | Article |
| id | doaj.art-dd71402325c14105be877c9923533a34 |
| institution | Directory Open Access Journal |
| issn | 1450-6637 |
| language | English |
| last_indexed | 2024-12-23T11:48:54Z |
| publishDate | 2014-01-01 |
| publisher | Victimology Society of Serbia and Prometej-Beograd |
| record_format | Article |
| series | Temida |
| spelling | doaj.art-dd71402325c14105be877c9923533a342022-12-21T17:48:16ZengVictimology Society of Serbia and Prometej-BeogradTemida1450-66372014-01-01171294610.2298/TEM1401029R1450-66371401029RVictims of human rights violations and victims of human rights restrictionsReiter Axelle0Verona University, Faculty of Economics, Vicenza, Italia + European University Institute, Firenze, ItaliaThe purpose of international human rights law is to protect basic individual rights and provide to the victims of violations legal remedies against the authors of the abuses. One major difficulty faced in this context originates in the limiting clauses that states insert in international conventions. This paper looks at their compatibility with human rights agreements, in the view of strengthening the legal avenues open to the victims and the possibility for them to obtain redress. The crucial position of human rights at the core of the notion of international public order conditions the approach to adopt in relation to most issues that touch upon the scope and substance of protected rights, including withdrawal from treaties, reservations, implied limitations, overtly broad or inappropriate restrictions, misguided interpretations and failure to apply the relevant provisions. It is put forward that limiting clauses should be narrowly construed and most restrictions discarded altogether.http://www.doiserbia.nb.rs/img/doi/1450-6637/2014/1450-66371401029R.pdfhuman rightsrestrictionsreservationswithdrawal from treaties |
| spellingShingle | Reiter Axelle Victims of human rights violations and victims of human rights restrictions Temida human rights restrictions reservations withdrawal from treaties |
| title | Victims of human rights violations and victims of human rights restrictions |
| title_full | Victims of human rights violations and victims of human rights restrictions |
| title_fullStr | Victims of human rights violations and victims of human rights restrictions |
| title_full_unstemmed | Victims of human rights violations and victims of human rights restrictions |
| title_short | Victims of human rights violations and victims of human rights restrictions |
| title_sort | victims of human rights violations and victims of human rights restrictions |
| topic | human rights restrictions reservations withdrawal from treaties |
| url | http://www.doiserbia.nb.rs/img/doi/1450-6637/2014/1450-66371401029R.pdf |
| work_keys_str_mv | AT reiteraxelle victimsofhumanrightsviolationsandvictimsofhumanrightsrestrictions |