This part focuses on the interpretative methodologies and principles employed by international human rights organs in applying and developing human rights norms. It explores the role of various interpreters, including international, regional, and national courts, in shaping the meaning and scope of human rights. The sections examine the methods of interpretation used by human rights bodies, such as textual, contextual, purposive, and evolutionary approaches, and the challenges in ensuring consistency and coherence across different jurisdictions. It also discusses the purposes of interpretation, including the protection of human rights, the development of international human rights law, and the promotion of judicial dialogue and coherence. This part delves into the international legal regime governing human rights and freedoms, covering states’ general obligations, the conditions for engaging state responsibility, and the regime for the enjoyment and exercise of rights and freedoms. By analyzing the interpretative practices and legal obligations, this part aims to provide a deeper understanding of the dynamics of human rights interpretation and the factors influencing the application of human rights norms in diverse legal and cultural contexts.

This title examines the international legal regime governing human rights and freedoms, focusing on the general obligations of states under international human rights law. It discusses the principles of respect, protection, and fulfillment of human rights, and the duty of states to bring their domestic law into conformity with international standards. The section explores the conditions for engaging the international responsibility of states for human rights violations, including the notions of jurisdiction, state acts or omissions, and the principles of state responsibility. It also covers the regime for the enjoyment and exercise of rights and freedoms, addressing the permissible restrictions, derogations, and the loss of rights and freedoms. By providing a comprehensive overview of the legal obligations and responsibilities of states, this title highlights the importance of adherence to international human rights standards and the mechanisms for ensuring accountability and compliance.

This chapter outlines the treaty-based structure of international human rights law norms, including various human rights treaties, and discusses the common legal regime for these treaties. It highlights the specificity and effects of human rights treaties on state obligations and freedoms. The chapter examines the different types of human rights treaties, including general and specialized treaties, and their impact on international human rights law. It also discusses the legal regime governing these treaties, including their interpretation, implementation, and enforcement. The chapter provides a comprehensive overview of the treaty-based framework of international human rights law and its significance in shaping state behavior and protecting human rights.

This chapter explores the principle of full reparation for human rights violations under international human rights law. It discusses the obligation of states to provide reparation, the forms of reparation, and the challenges in implementing this principle. The chapter examines the legal standards for full reparation, including restitution, compensation, rehabilitation, satisfaction, and guarantees of nonrepetition. It also highlights the role of international bodies in monitoring and enforcing reparation obligations, the importance of victim participation in reparation processes, and the challenges in providing adequate and effective reparation for human rights violations.

This chapter debates the relevance of human rights law to climate law. No doubt the impacts of climate change hinder the enjoyment of many types of human right. On this ground, Nicola Pain makes the case that climate change can be viewed as a human rights problem, entailing that states must mitigate climate change in order to comply with their positive obligations to protect human rights. Fanny Thornton explores the weaknesses in this position. She counters that viewing climate change through a human-rights lens is misconceived and leads to absurd results, not least because there is no standard by which to assess the adequacy of governmental mitigation action.

This chapter debates the relevance of human rights law to climate law. No doubt the impacts of climate change hinder the enjoyment of many types of human right. On this ground, Nicola Pain makes the case that climate change can be viewed as a human rights problem, entailing that states must mitigate climate change in order to comply with their positive obligations to protect human rights. Fanny Thornton explores the weaknesses in this position. She counters that viewing climate change through a human-rights lens is misconceived and leads to absurd results, not least because there is no standard by which to assess the adequacy of governmental mitigation action.