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1 results

  • 7 - The Monist Pull of Universalization

  • Maria Grahn-Farley, Göteborgs Universitet, Sweden
  • Book:
    Child Rights, Legal Theory and Social Advocacy
    Published online:
    07 November 2024
    Print publication:
    21 November 2024, pp 152-173

  • Summary

    International human rights as a legal regime is founded on the premise that the State is both the violator and the protector of the same set of rights. Universal positivism is the effort to eliminate the internal contradiction embedded within the heart of human rights law. This is done by creating international legal regimes that break through the sovereign veil of States for the benefit of the individuals within the States. This is a benevolent authoritarian move since international human rights treaties cannot be adjusted or addressed by the democratic will of its rights-holding subjects. Universal positivism’s focus on the State as the object of suspicion obscures the intrinsic dependency on the State for the actualizations of said rights, and how a democratic legal order will protect the individuals within the State in ways that international human rights cannot.