Human rights enforcement mechanism: towardback Lauterpacht’s conception
DOI:
https://doi.org/10.61345/1339-7915.2023.1.9Keywords:
Professor Hersh Lautepacht, human rights enforcement mechanism, the International Bill of the Rights of Man, High Commission on Human RightsAbstract
The article aims to reflect the historical prerequisites for establishing the human rights protection mechanism and identify points that were not taken into account during the Second World War, which led to the fact that the international legal order turned out to be ineffective in resisting violence and adequately guaranteeing of human rights protection.
The article analyzes the scientific concepts of Professor Hersch Lauterpacht regarding the human rights enforcement mechanism and look over the limits of state sovereignty and the principles of human protection in the international legal system. Separate questions raise further discussions regarding the protection of victims of atrocities in relation to the value of the individual in the system of international law.
The main research methods were anthropological, historical, comparative-legal, hermeneutic, systemic-structural, formal-logical.
The main results of the research are related to the point of effectiveness of the international legal order in terms of the protection of human rights and the grounds that revealed its failure. The researcher is aimed to show, it is important to return to the historical aspects of the creation of this mechanism and, in the context of the cyclical principle, try to formulate a new idea of an effective human rights enforcement mechanism that will meet the requirements of the time and will oppose inhumane actions, which for the third time in history are continued due to its invalidity.
Researching the concept of the proposed mechanism for the protection of human rights during the Second World War and the procedure for the operation of the human rights enforcement body, proposed by Professor Hersh Lautepacht, we can conclude that any such mechanism should be based on international agreement between states, as it is in this way that he can be given the most effective powers and guarantees of effectiveness in the light of the sovereignty.
References
Burgers J. The Road to San Francisco: The Revival of the Human Rights Idea in the Twentieth Century, Human Rights Quarterly, 1992, vol. 14, № 4, pp. 447–477.
Lauterpaht H. An International Bill of the Rights of Man, New York, 1945, 230 p.
Butkevych V. The right for life – the fundamental right of EConHR. Formation and development of criteria and standards of its application, Ievropeiskyi sud z prav liudyny. Sudova praktyka. Vyp. 2. Stattia 2 IeKPL «Pravo na zhyttia», Kyiv, 2011, Book 2, pp. 199–613.
Sends P. Introduction, Lauterpaht H. An International Bill of the Rights of Man, Oxford, 2013, pp. VII– XVII.
Sands Ph. East West Street. On the Origins of Genocide and Crimes Against Humanity, London, 2016, 464 p.
Rabinovych P., Osoba V. Author of the idea and first draft of the International bill of human rights, Law of Ukraine, 2013, № 12, pp. 9–15.
Rabinovych P. Professor Hersch Lauterpacht – First Designer of a Special UN Body for Monitoring the Compliance of an International Bill of the Human Rights ], Law of Ukraine, 2017, № 4, pp. 26–33.
Downloads
Published
Issue
Section
License
Copyright (c) 2023 Anna Derzhypilska
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
