International human rights law
Title: International human rights law
Author: SCHEININ, Martin
Citation: Dennis PATTERSON and Anna SÖDERSTEN (eds), A companion to European Union law and international law, Malden : John Wiley & Sons, 2016, pp. 441-457
ISBN: 9780470674390; 9781119037712
Consistent with Article 38 of the Statute of International Court of Justice, the primary sources of international human rights law can be identified as treaty, custom, and general principles of law derived from national legal systems. Treaty provisions in human rights law are often textually fairly open-ended and hence will need to be read in the light of institutionalized practices of interpretation, such as the jurisprudence by regional human rights courts and international human rights treaty bodies. Despite the universal acceptance of human rights treaties and the recognition of human rights as norms of customary international law, human rights violations do occur in all parts of the world and are often systematic. Major shortcomings of the international monitoring mechanisms for human rights treaties are their underresourcing, lack of visibility, and ineffectiveness. Even if human rights treaties have become universally accepted, compliance control remains underdeveloped.
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