The Principle of Systemic Integration in Human Rights Law

Rachovitsa, Adamantia

doi:10.1017/s0020589317000185

Cited by 14 publications

(7 citation statements)

References 47 publications

(24 reference statements)

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“…24 As stated by the International Court of Justice (ICJ): "[A]n international instrument has to be interpreted and applied within the framework of the entire legal system prevailing at the time of the interpretation". 25 Therefore, the evolutive interpretation of the American Convention needs to consider and needs to be based on its systemic integration (Mc Lachlan 2005;Koskenniemi 2006;Rachovitsa 2017), taking into consideration other documents and instruments that are part of the same system, that is, the international human rights law system. 26 Indeed, the principle of systemic integration of international human rights law is the reason why the IACrtHR does not hermeneutically limit itself to the text of the American Convention, but expands its considerations to other human rights instruments-part of the same systemthat could be relevant in a specific case.…”

Section: Systemic Interpretation Of the American Conventionmentioning

confidence: 99%

Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas

Fuentes

Vannelli

2021

Laws

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The Inter-American Court of Human Rights (IACrtHR) has developed in recent years an innovative jurisprudence that has integrated the entity and extension of States’ obligations regarding children’s rights—as established in Article 19 ACHR—through the evolutive, dynamic, and effective interpretation of the American Convention on Human Rights (ACHR). In fact, by acknowledging the existence of an international corpus juris for the protection of children’s rights, the Court has examined this provision in the light of instruments enshrined within the corpus juris, such as the UN Convention on the Rights of the Child. This process of normative integration was not only limited to the application of international instruments adopted outside of the Inter-American system, but also includes internal references to interconnected rights recognised within the American Convention. Consequently, by analysing the scope of Article 19 ACHR in the light of Article 4 ACHR (right to life) and the corpus juris for the protection of children, the Inter-American Court has further expanded the protection of children’s rights towards the protection of the right to a dignified life. While focusing on the landmark jurisprudence developed by IACrtHR, this paper seeks to unveil the hermeneutical paths undertaken by the regional tribunal in connection with the systemic integration of Article 19 ACHR. In particular, it focuses on the emerging jurisprudential development of positive obligations upon States Members regarding the effective protection of children’s right to a dignified existence.

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Section: Systemic Interpretation Of the American Conventionmentioning

confidence: 99%

Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas

Fuentes

Vannelli

2021

Laws

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“…The ICJ's decisions have also made reference to the extraterritorial nature of human rights treaties in the expression of its support for a jurisdiction-based approach in armed conflicts [236]. For example, the ICJ also confirmed the jurisdictional approach in addressing accountability for human rights violations in times of belligerent occupations as seen in DRC v Uganda [237][238][239][240].…”

Section: The International Court Of Justice (Icj) and Its Reference Tmentioning

confidence: 99%

An Analysis of the Adequacy of Protection Afforded by the Convention on the Rights of Persons with Disabilities (CRPD) in Situations of Armed Conflict

Mugabi

2018

Societies

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This essay aims to describe the contrasting approaches to disability described by international humanitarian law (IHL) and international human rights law (IHRL) with the aim of pointing out the approaches/models of disability underpinning two legal regimes. The limits of those approaches/models in the treatment and protection of persons with disabilities shall be investigated and established. Ultimately, the paper considers the possibility of recommending a unified approach/model that should underpin both IHL and IHRL in addressing aspects of disability.

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“…6 This interpretive approach is anchored in Article 31 (3) (c) of the Vienna Convention on the Law of Treaties (VCLT) 7 that provides that: '[t]here shall be taken into account, together with the context: … (c) any relevant rules of international law applicable in the relations between the parties'. 8 The ECtHR has on several occasions stated that:…”

Section: Introductionmentioning

confidence: 99%

“…Other researchers have used case law from the ECtHR for the purposes of critically discussing systemic integration as an interpretive method 10 ; to explicate and detect the normative basis for the Court's interaction with other international law 11 ; and for comparing practice from the ECtHR with practice carried out by other supervisory bodies in order to detect wether the supervision of similar questions result in fragmented human rights protection in practice 12 . This article offers insight into the issues of systemic integration from a substantive rightsoriented perspective.…”

Section: Introductionmentioning

confidence: 99%

Interpreting the ECHR in its normative environment: interaction between the ECHR, the UN convention on the elimination of all forms of discrimination against women and the UN convention on the rights of the child

Strand

2019

The International Journal of Human Rights

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The article draws attention to how integrative interpretationa methodology where the European Court of Human Rights integrates its normative environment into the interpretation of the European Convention of Human Rightsmay offer an important path to bridging many of the challenges caused by fragmentation in the field of human rights. More specifically, the article offers insight into a selection of ECHR cases that are characterized by the existence of normative overlap between the ECHR, the CEDAW and the CRC; and by the fact that interaction between these legal sources actually takes place in the interpretation carried out by the Court. Interaction is discussed through two topics: the issue of state obligations in relation to domestic violence, and the issue of state obligations in relation to expulsion of immigrants with children. The article demonstrates that systemic integration may result in a strengthening of the protection of human rights under ECHR through what is termed 'interpretive widening and thickening'.

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The Principle of Systemic Integration in Human Rights Law

Cited by 14 publications

References 47 publications

Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas

Expanding the Protection of Children’s Rights towards a Dignified Life: The Emerging Jurisprudential Developments in the Americas

An Analysis of the Adequacy of Protection Afforded by the Convention on the Rights of Persons with Disabilities (CRPD) in Situations of Armed Conflict

Interpreting the ECHR in its normative environment: interaction between the ECHR, the UN convention on the elimination of all forms of discrimination against women and the UN convention on the rights of the child

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