Investigating the Concept of "progressive development of law" in the System Of International Human Rights Law and comparing it with the General International Law

Articles in Press

Document Type : Original Article

Authors

1 PhD Student in International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran.

2 Professor, Department of Public and International Law, Faculty of Law and Political Science, Allameh Tabataba'i University. Tehran, Iran

10.48300/jlr.2022.310271.1810

Abstract

International human rights law has features distinguishing it from other disciplines of public international law. These special features have caused some common words to undergo a conceptual transformation and evoke a different meaning from what they have in the field of international law. One of these terms is "progressive development of rights”. The declaratory nature of human rights rules (in all forms of rules, including custom and treaty), has led to the fact that in the subject area of international human rights law, which is all about recognition, progressive development creates the meaning of promotion of status and promotion of human rights. While in international law, progressive development brings to mind the concept of establishment and creation of rights.
Examining keywords such as "progressive development of rights" and identifying and explaining their exact meaning in the subject area will have the benefit that human rights obligators, who are the governments in most cases, understand the nature and scope of their obligations correctly and implement them in a timely manner and in accordance with the protectionist goals of human rights.
By explaining the characteristics of international law and international human rights law, The present study works on the semantic difference of the term "progressive development of rights" in international human rights law and in the field of general international law, and the alternatives to progressive development in international human rights law and what they mean.

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Journal of Legal Research

Articles in Press, Accepted Manuscript
Available Online from 21 April 2022

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