Prawa niederogowalne a zagadnienie hierarchii praw człowieka. Perspektywa prawnomiędzynarodowa
Non-derogable Rights and Hierarchy in Human Rights: An International Law Perspective

Summary/Abstract: The recognition of some human rights as non-derogable in international treaties that contain appropriate derogation clauses has led many authors, and — in some situations (eg. the assessment of reservations to human rights treaties) — states to argue that the specificity of these rights is also manifested in areas other than situations of emergency, and to treat them as located hierarchically above other human rights. After presentation of arguments of legal theorists in support of such a position and the practice of States, the author points out to the analysis of the rights recognized as non-derogable in international human rights treaties, as well as to the position of international bodies in this respect. The conclusions contain arguments that allow him to deny the view according to which all non-derogable rights are placed in the hierarchy above other human rights.

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