A positive state obligation to counter dehumanisation under international human rights law

Berry, Stephanie Eleanor (2020) A positive state obligation to counter dehumanisation under international human rights law. Erasmus Law Review, 13 (3). incomplete. ISSN 2210-2671

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Abstract

International human rights law (IHRL) was established in the aftermath of World War II to prevent a reoccurrence of the atrocities committed in the name of fascism. Central to this aim was the recognition that out-groups are particularly vulnerable to rights violations committed by the in-group. Yet it is increasingly apparent that out-groups are still subject to a wide range of rights violations, including those associated with mass atrocities. These rights violations are facilitated by the dehumanisation of the out-group by the in-group. Consequently, this article argues that the creation of IHRL treaties and corresponding monitoring mechanisms should be viewed as the first step towards protecting out-groups from human rights violations. By adopting the lens of dehumanisation, this article demonstrates that if IHRL is to achieve its purpose, IHRL monitoring mechanisms must recognise the connection between dehumanisation and rights violations and develop a positive State obligation to counter dehumanisation. The four treaties explored in this article, the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the Framework Convention for the Protection of National Minorities and the International Convention on the Elimination of all forms of Racial Discrimination, all establish positive State obligations to prevent hate speech and to foster tolerant societies. These obligations should, in theory, allow IHRL monitoring mechanisms to address dehumanisation. However, their interpretation of the positive State obligation to foster tolerant societies does not go far enough to counter unconscious dehumanisation and requires more detailed elaboration.

Item Type: Article
Keywords: Dehumanisation, International Human Rights Law, Positive State obligations, Framework Convention for the Protection of National Minorities, International Convention on the Elimination of all forms of Racial Discrimination
Schools and Departments: School of Law, Politics and Sociology > Law
Research Centres and Groups: Sussex Centre for Human Rights Research
Subjects: K Law
Related URLs:
Depositing User: Stephanie Berry
Date Deposited: 20 Jul 2020 09:03
Last Modified: 21 Jul 2020 14:42
URI: http://sro.sussex.ac.uk/id/eprint/92616

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