Equal and Inalienable: Natural Human Rights and the ICCPR
22 Pages Posted: 18 Jan 2013 Last revised: 20 Jan 2013
Date Written: December 15, 2011
This paper first seeks to establish a scientific basis for the finding of natural human rights and how rights relate to morals, law, and culture. Next, the paper focuses on the derogation mechanism of article 4 of the ICCPR, compares derogable rights and non-derogable rights, and investigates the assumptions of derogation. Lastly, the paper finds an over-inclusive nature of the ICCPR, which results in the artificial imposition of extra-natural rights, leading to low levels of any compliance. Thus a lack of compliance to the ICCPR in whole violates the actual natural human rights which are enumerated. It suggests that an international human rights regime which is restricted to demonstrable natural human rights, without derogation, and including more forceful enforcement mechanisms would be a more effective tool of promoting human rights throughout the world.
Keywords: ICCPR, human rights, natural law, legal positivism, international law
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