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3 - Exploring the Elusive Foundations of Human Rights

from Title 1 - Theoretical Elements of International Human Rights Law

Published online by Cambridge University Press:  10 April 2025

Ludovic Hennebel
Affiliation:
Aix-Marseille University
Hélène Tigroudja
Affiliation:
Aix-Marseille University
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Summary

This chapter delves into various foundations of human rights, including religious, jusnaturalist, positivist, and sociological perspectives. It also addresses critiques of human rights from historical, philosophical, ideological, anti-imperialist, feminist, Third World, and relativist viewpoints. The chapter explores how different philosophical and ideological perspectives have shaped the understanding and application of human rights. It critically examines the strengths and weaknesses of these foundations, providing a nuanced analysis of the complexities involved in establishing a solid foundation for human rights. The chapter also highlights the importance of recognizing diverse viewpoints and addressing the critiques to develop a more inclusive and robust human rights framework.

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Chapter
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International Human Rights Law
A Treatise
, pp. 12 - 26
Publisher: Cambridge University Press
Print publication year: 2025

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