Use this URL to cite or link to this record in EThOS: http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.300543
Title: The individual in the process of international human rights law : a value oriented policy.
Author: Doebbler, Curtis Francis.
ISNI:       0000 0000 3867 6584
Awarding Body: London School of Economics and Political Science (University of London)
Current Institution: London School of Economics and Political Science (University of London)
Date of Award: 1998
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Abstract:
This thesis evaluatesth e individual's role in the protection of internationalh uman rights. It argues that by conceptualizing international human rights law as a process that includes individuals as full participants we, as world society, can develop more effective strategies for achieving respect for human dignity. The study examines how current theories and policies of international human rights law attempt to achieve the policy goals of a modem world society, especially the goals related to human dignity. It does this by reviewing practices relevant to the achievement of human dignity. Part I is devoted to defining the problem, method and concepts that form the foundation of this study. In the introduction the problem is defined and in the two subsequent chapters process and participation are described. In the second part four chapters are devoted to examining past trends in specific areas of international human rights law. Both claims and authoritative decisions are described. The four chapters examine past trends in the areas of. (1) theories about the status of the individual under international law; (2) the individual's procedural capacity under international human rights law; (3) the ability of individuals to influence the creation and implementation of international human rights law by the exercise of individual human rights; and (4) individual responsibility for ensuring respect for international human rights law. The thesis of the study comest o sevene ssentialc onclusions. First, becauseh uman rights reflect individuals' values, the individual must be actively involved in their prescription, interpretation, application and evaluation. Second, historically there is adequate evidence to suggestt hat individuals have played a leading role in each of thesep rocessesa t different times during the development of international law. Third, a project to determine the optimal participatory role of the individual must consider at least the four areas of past trends dealt with in this study, to wit, theory, procedural capacity, rights and responsibilities. Fourth, the theory of international law should take into account the individual as a full participant in all processes related to the achievement of human values, especially international human rights law. Fifth, this theory should be reflected by enhancing the procedural capacity of the individual in internationalf orums. Sixth, this should be accompaniedb y the recognition of individual rights to act contrary to the laws and policies that are contrary to the achievement of values of human dignity. And seventh, the duty to respect others' human rights, both by not interfering with others' freedoms and by taking positive steps to ensure others! enjoyment of human rights, is an essentialf eatureo f a society wherein humanr ights are respecteda nd ensured. In essencet,h ese conclusions indicate that international human rights law, both in theory and in practice must reassert the priority of the individual that it has tended to neglect since the arrival of the nationstate on the world stage.
Supervisor: Not available Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID: uk.bl.ethos.300543  DOI: Not available
Keywords: Law Law Law enforcement Prisons Political science Public administration
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