Should Pluriform Human Rights Become One? Exploring the Benefits of Human Rights Integration
European Journal of Human Rights, 2014(4), 447-470
25 Pages Posted: 29 Dec 2016
Date Written: 2014
Abstract
This paper attempts to imagine what an integrated view on human rights would look like. As a political and ethical project, human rights are one, indivisible and universal. As law however, they are fragmented. This paper wants to start a conversation on whether it is desirable to pursue an integrated approach to human rights law at the level of its implementation. It does so by arguing in favour of such an integrated approach, while at the same time leaving room for different degrees of intensity in integration.
In its first section, the paper explains the complexity of the fragmented multi-layered architecture of human rights law. This is followed by a second section that explains the reasons for exploring human rights integration. The third section attempts to show how an integrated approach might work, using concrete cases. The fourth section sets out the main benefits of an integrated approach, while the fifth section engages with the most prominent criticisms that may be met by a project of human rights integration.
Keywords: human rights law, fragmentation
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