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Part I The Foundations of International Human Rights Law, 4 Scope of Application of Human Rights

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):
Civil and political rights — Collective rights — Sovereignty — Territoriality

Chapter 3 approached human rights from the standpoint of duty bearers. This chapter changes perspective and asks: Who has human rights entitlements, to what extent, where, and when? These questions address the scope of application of human rights in personal term, substantive terms, territorial terms, and temporal terms. The personal scope of application covers human rights, rights of citizens, rights of aliens; natural persons and legal persons; and individual rights and collective rights. The discussion on substantive scope of application covers scope of protection and reservations. The territorial scope of application covers basic principles; state obligations in the event of loss of sovereignty over parts of its national territory; state obligations in the event of extraterritorial conduct; and state obligations in the event of extraterritorial effects of internal conduct. The temporal scope of application covers denunciation and derogation. The final section discusses the elements of a human rights violation.

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