Book contents
- Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
- Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
- Copyright page
- Contents
- Contributors
- Introduction
- 1 On Limits and Restrictions of Human Rights
- 2 Digital Surveillance, Meta Data and Foreign Intelligence Cooperation
- 3 Some Reflections upon Access to Justice, in the Transnational Setting, as a ‘Right to Law’
- 4 Human Rights Treaty Bodies as Standard-Setting Mechanisms
- 5 The Applicability of the Law of Occupation to UN Administration of Foreign Territory
- 6 The Responsibility of Businesses Operating in the Settlements in Occupied Territory
- 7 Occupational Hazards: Gender and the Law of Occupation in Israel-Palestine
- 8 Rule of Law De Jure and/or De Facto?
- 9 Political Liberalism in a Jewish and Democratic State
- 10 Law and Identity
- 11 David Kretzmer
- 12 David Kretzmer
- David Kretzmer: Selected Publications
- Index
1 - On Limits and Restrictions of Human Rights
A Systematic Attempt
Published online by Cambridge University Press: 13 August 2021
- Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
- Strengthening Human Rights Protections in Geneva, Israel, the West Bank and Beyond
- Copyright page
- Contents
- Contributors
- Introduction
- 1 On Limits and Restrictions of Human Rights
- 2 Digital Surveillance, Meta Data and Foreign Intelligence Cooperation
- 3 Some Reflections upon Access to Justice, in the Transnational Setting, as a ‘Right to Law’
- 4 Human Rights Treaty Bodies as Standard-Setting Mechanisms
- 5 The Applicability of the Law of Occupation to UN Administration of Foreign Territory
- 6 The Responsibility of Businesses Operating in the Settlements in Occupied Territory
- 7 Occupational Hazards: Gender and the Law of Occupation in Israel-Palestine
- 8 Rule of Law De Jure and/or De Facto?
- 9 Political Liberalism in a Jewish and Democratic State
- 10 Law and Identity
- 11 David Kretzmer
- 12 David Kretzmer
- David Kretzmer: Selected Publications
- Index
Summary
The chapter tries to establish a systematic framework which allows us to structure the examination of human rights cases by indicating the necessary legal components and putting these elements in their proper place and in context to each other. Substantive human rights guarantees as, e.g., enshrined in the International Covenant on Civil and Political Rights or the European Convention, cannot be fully understood without taking account of their explicit or implicit limitations; only together do they form the basis for their successful invocation. Therefore the legal limits of and restrictions to human rights as well as the limitations drawn to the use of restrictions, as particularly the principle of proportionality, are discussed. Primacy of freedom, (strict) interpretation, balancing of rights, absolute rights, margin of appreciation and derogation from human rights are other issues that have to be dealt with in the given context.
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- Publisher: Cambridge University PressPrint publication year: 2021
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