Part IV Normative Evolution, Ch.22 Core Rights and Obligations

Subject(s):

Right to liberty and security of person — Customary international law — Peremptory norms / ius cogens

This article examines the three main approaches in the identification of the core rights and obligations in international human rights law. These include the consideration of some human rights as being superior or more fundamental than others, the notion that each human right encompasses an essential core and the definition of core obligations of the state in relation to the enjoyment of human rights. This article suggests that the best way to achieve a thorough understanding of the normative quality and content of human rights as legal rights is to combine these three approaches.