Universal Human Rights: Balancing State Sovereignty

Extract

[...] - The proclaimed universality of rights is undermined when states cannot adhere to the same decisions due to definitions that are too broad of rights and freedoms. Thus, although the fundamentalization of rights is essential to the protection of individuals, it remains subject to arbitrariness, illustrating the challenges to reconciling this universality with the diversity of national contexts. Ancient plan: A legal protection affirmed by the human rights The advent of human rights through the Declaration of Human Rights The permanence of human rights through the creation of a supra-state judge II- A universalistic expansion of human rights threatening A supra-state judge substituting the national judge The legislator subject to supra-state judicial law Correction : - Article XDDP: Critical Doctrinal Review of Human Rights - ARTICLE PROFESSEUR Laurence Burgot Larcere: Does International Human Rights Law Exist? [...]

[...] In short, the Rule of Law constitutes the foundation of modern democracies, ensuring not only justice and equity, but also stability and citizens' trust in their institutions. II. A universalism of human rights threatening the law of States A. A foreign intervention substituted for the sovereignty of States - The intervention of the supra-state judge : ? Critique that demonstrates a government of judges by supra-state jurisdictions, which ultimately substitutes for national judges. Professor Anne Marie Le Pourhiet considers this as an 'judicial aristocracy', which ultimately confiscates power from the people by having the final word on a dispute. [...]

[...] To explore this issue, it is appropriate to adopt a perspective from the point of view of the state will for a unified legal protection of human rights going as far as a universalist expansion of it threatening the national cohesion of legal systems I. A universalism of human rights strengthening state law A. Human rights issued from the very will of the States States are the architects of international instruments for the protection of human rights. Their voluntary adherence to treaties and conventions illustrates a will to promote universal norms while shaping their scope. This dynamic reflects the sovereignty of States in the very creation of the universal legal framework. [...]

[...] Does the tension between the advent of human rights and its universalistic expansion weaken the sovereignty of member states? Session Foundational Rights Dissertation N2 Dissertation: DM: dissert « the destruction of law by human rights Problématique: The tension between the advent of human rights and its universalistic expansion weakens the sovereignty of member states? Introduction dissertation: In the contemporary context, human rights occupy a prominent place, imposing themselves as a universal language of political claims and a criterion for evaluating legal and social systems. [...]

[...] In addition, there is notably a European Convention for the Protection of Human Rights, which is a treaty emanating from the Council of Europe ratified by member states. This convention has a binding effect for all states that have ratified it, and numerous justice decisions are made by its jurisdiction, the European Court of Human Rights. These decisions are then the subject of numerous criticisms concerning the legitimacy of the jurisdiction, or the articulation between national and supranational fundamental rights. [...]