Book contents
- Frontmatter
- Contents
- TABLE OF SELECTED AUTHORITIES
- PREFACE
- 1 AN OVERVIEW OF INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW DEVELOPMENT AND THEIR PROTECTION MECHANISMS
- 2 FORMAL SOURCES AND PRINCIPLES OF INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW
- 3 INCORPORATION OF INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW IN U.S. LAW
- 4 INTERNATIONAL HUMAN RIGHTS TRIBUNAL PROCEDURE AND REMEDIES
- 5 SUBSTANTIVE INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW PROTECTIONS
- 6 THEORY AND CRITIQUE
- INDEX
5 - SUBSTANTIVE INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW PROTECTIONS
Published online by Cambridge University Press: 05 June 2012
- Frontmatter
- Contents
- TABLE OF SELECTED AUTHORITIES
- PREFACE
- 1 AN OVERVIEW OF INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW DEVELOPMENT AND THEIR PROTECTION MECHANISMS
- 2 FORMAL SOURCES AND PRINCIPLES OF INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW
- 3 INCORPORATION OF INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW IN U.S. LAW
- 4 INTERNATIONAL HUMAN RIGHTS TRIBUNAL PROCEDURE AND REMEDIES
- 5 SUBSTANTIVE INTERNATIONAL HUMAN RIGHTS AND HUMANITARIAN LAW PROTECTIONS
- 6 THEORY AND CRITIQUE
- INDEX
Summary
The following sections address the substantive rights and freedoms guaranteed by major international human rights and humanitarian instruments. These sections employ extended extracts from the major global and regional instruments, international cases, and advisory opinions. We also have included U.S. and other domestic cases and statutes to provide a comparative analysis as well as to provide other legal sources for establishing customary international law as reflected in domestic practice. We have included extracts from law review articles and monographs as well as our own Questions & Comments in order to illuminate certain overarching themes and to examine the coherence and consistency of the different legal traditions. We have integrated materials addressing international human rights law and international humanitarian law in order to highlight areas in which they overlap and differ.
Fundamental International Human Rights Protections
In this section, we examine those fundamental human rights protections that are associated with jus cogens and norms erga omnes.
Rights to Life and Humane Treatment
Universal Declaration of Human Rights
Article 3.
Everyone has the right to life, liberty and security of person.
Article 5.
No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
International Covenant on Civil and Political Rights
Article 6
Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life.
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- Type
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- Information
- International Human Rights and Humanitarian LawTreaties, Cases, and Analysis, pp. 307 - 937Publisher: Cambridge University PressPrint publication year: 2006