Book contents
- International Human Rights Law
- International Human Rights Law
- Copyright page
- Dedication
- Contents
- About the Authors
- Acknowledgments
- Note on the Text
- Table of Cases
- Abbreviations
- Part I Foundations of International Human Rights Law
- Title 1 Theoretical Elements of International Human Rights Law
- 1 The Elusive Theory of Human Rights
- 2 The Idea of Human Rights
- 3 Exploring the Elusive Foundations of Human Rights
- 4 The Pragmatic Approach of International Human Rights Law
- Title 2 Normative Pluralism in International Human Rights Law
- Title 3 The Relationship Between International Human Rights Law and Other Branches of International Law
- Part II The Machinery of International Human Rights Law
- Part III The Interpretation of International Human Rights Law
- Part IV Remedies and Implementation of International Human Rights Decisions
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
- International Human Rights Law
- International Human Rights Law
- Copyright page
- Dedication
- Contents
- About the Authors
- Acknowledgments
- Note on the Text
- Table of Cases
- Abbreviations
- Part I Foundations of International Human Rights Law
- Title 1 Theoretical Elements of International Human Rights Law
- 1 The Elusive Theory of Human Rights
- 2 The Idea of Human Rights
- 3 Exploring the Elusive Foundations of Human Rights
- 4 The Pragmatic Approach of International Human Rights Law
- Title 2 Normative Pluralism in International Human Rights Law
- Title 3 The Relationship Between International Human Rights Law and Other Branches of International Law
- Part II The Machinery of International Human Rights Law
- Part III The Interpretation of International Human Rights Law
- Part IV Remedies and Implementation of International Human Rights Decisions
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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- International Human Rights LawA Treatise, pp. 12 - 26Publisher: Cambridge University PressPrint publication year: 2025