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International Human Rights

International Human Rights. 10.3.2011. National Legal Orders. Article 2.2 CCPR

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International Human Rights

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  1. International HumanRights 10.3.2011

  2. National LegalOrders Article 2.2 CCPR “Wherenotalreadyprovidedfrobyexisting legislative or othermeasures, each State Party to the presentCovenantundertakesto take the necessarysteps, in accordancewithitsconstitutionalproesses and with the provisionsof the presentCovenant, toadoptsuch legislative or othermeasuresasmaybenecessarytogiveeffectto the rightsrecognized in the presentCovenant”.

  3. Incorporation ESCR Committee, GeneralComment No. 9 (1998): “(5) The Covenantdoesnotstiuplate the specificmeansbywhichitistobeimplemented in the nationallegalorder. (…) the meansusedshouldbe appropriate in the senseofproducingresultswhich are consistentwitht the full dischargeofitsobligationsby the State party”

  4. Right toanEffectiveRemedy • Art. 2(3) CCPR: Each State Party to the presentCovenantunertakes: (a) toensurethatanypersonwhoserights or freedomsashereinrecognized are violatedshallhaveaneffectiveremedy, notwithstandingthat the violationhasbeencommittedbypersonsacting in officialcapacity (…) See Art. 13 ECHR

  5. Open Issues • Directeffects • Rank

  6. WhoisBoundby IHR Norms? • International Organizations • Non-StateActors

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