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Part I The Foundations of International Human Rights Law, 3 The Legal Nature of Human Rights Obligations

From: The Law of International Human Rights Protection (2nd Edition)

Walter Kälin, Jörg Künzli

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 16 July 2024

Subject(s):
Human rights

This chapter considers the question of how human rights obligations are fulfilled. This complex question can be addressed either from the perspective of the duty bearers, i.e. those bound by human rights obligations, or from the perspective of rights holders. The two approaches are combined in an exposition of three different facets of the question: (1) Who owes obligations to whom? The purpose of this question is to identify, on the one hand, human rights duty bearers and, on the other, human rights holders. (2) What is the content and scope of these obligations? This raises the issue of the different categories of human rights obligations and the directly related issue of the extent to which rights may be restricted. (3) Who has a right to what, where and when? This question addresses the scope of application of human rights in personal, substantive, territorial, and temporal terms.

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