Universal Human Rights: Balancing State Sovereignty - published: 21/10/2025

Extract

[...] ?There is then an erasure of national norms in favor of supra-state fundamental norms. B. A fundamentalization subject to arbitrariness - Approach in concrete perceived as arbitrary : The interpretation of fundamental rights by supranational instances, particularly the European Court of Human Rights (ECHR), is based on an in concreto approach, which evaluates each situation in light of its particular circumstances. This method, although it protects the individual in a personalized manner, may be perceived as arbitrary by states, as it leaves a large margin of subjective appreciation to international judges. [...]

[...] This decision establishes the right to respect for private life in constitutional case law and affirms the role of the judicial judge as protector of freedoms that relate to the respect of Article 2 of the DDHC. - Pyramid and Hierarchy of Norms Hans Kelsen, rights are embedded in a superior system that renders them legitimate. This pyramidal organization ensures the coherence of the entire set of rules, each norm deriving its validity from the one that is superior to it, until it reaches the fundamental norm that underlies the entire legal system. = rooting of human rights in the entire legal system. [...]

[...] - 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? [...]

[...] These instruments embody universal principles that States commit to respect. By ratifying these instruments, States commit to respecting, protecting and promoting these universal principles of human rights, thereby integrating these norms into their national legislation and judicial practices. - The influence of the European Union: The context of the creation of the European Union: The European Union has its origins in the post-war context, marked by the desire to maintain peace and avoid the devastating conflicts that had ravaged Europe during the two world wars. [...]

[...] Example: ECHR, Court (First Section), CASE C c. ITALY August 2023, 47196/21?A claimant requests that a legitimate filiation established abroad following a GPA be recognized in Italy. She invokes the right to private and family life (Article 8 ECHR). The ECHR declares the application admissible and examines the alleged violation of Article 8. Recognition that the right to respect for private/family life requires States to provide legal recognition when there is an existing link (biological or legal), even if the GPA is prohibited in the country. [...]