Smart Human Rights Integration

Abstract

Human rights law is both multi-layered and highly fragmented. Across texts and monitoring bodies, cross-references and cross-fertilisation occur, yet such practices of ‘human rights integration’ are far from generalized or systematic. From a systemic perspective, as well as from the perspectives of rights holders and duty bearers, strong arguments can be made in favour of a higher degree of co-ordination and alignment. Against this background, and while fully supporting this case, the present paper zooms in on the limits of the human rights integration project. After presenting the picture of the fragmentation of human rights law, and the case for increased integration, the paper examines the benefits of fragmentation. Four different logics - specialisation, contextualisation, experimentation and strategic choice - plead in favour of plurality of human rights sources and remedies. The paper argues that increased human rights integration can and should maintain these benefits of fragmentation. This is expressed in the concept ‘smart human rights integration’.

Keywords: human rights, fragmentation, integration