Human Rights: Between Idealism and Realism, Third Edition
Contents
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I Introductory Considerations I Introductory Considerations
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II Relationship between International Law and Domestic Law in the Field of Human Rights II Relationship between International Law and Domestic Law in the Field of Human Rights
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A. Third generation rights A. Third generation rights
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B. Second generation rights B. Second generation rights
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C. First generation rights C. First generation rights
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1. European Convention on Human Rights 1. European Convention on Human Rights
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2. International Covenant on Civil and Political Rights 2. International Covenant on Civil and Political Rights
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III Place of Human Rights Instruments in the Domestic Legal Order III Place of Human Rights Instruments in the Domestic Legal Order
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IV Implementation of Human Rights Obligations by Special Institutions IV Implementation of Human Rights Obligations by Special Institutions
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V Other Modalities of Implementation V Other Modalities of Implementation
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10 Implementation at National Level
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Published:01 September 2014
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Introductory Considerations
Although human rights have become a concern of the international community as a whole, implementation processes still lie mainly in the hands of states as holders of territorial sovereignty. Protection against unlawful practices and provision of vital services are primarily needed at home. Territorial sovereignty is tantamount to territorial responsibility. Certainly, there are occasions in the life of a nation when the international community intervenes to make goods and services available when the state is unable to provide them. This happens normally in situations of natural disasters, when for reasons beyond their control public authorities are unable to satisfy the demands of their citizens. When an earthquake strikes, when floods submerge large parts of a country, or when famine cripples a nation, the international community may feel—and should feel—compelled to take action in order to accommodate the basic needs of the victims.1 Under conditions of normalcy, however, the international community takes the view that a state should assume full responsibility for the human beings in its territory. Subsidiarity aptly describes the primacy of the national level.
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