Practice and Ontology of Implied Human Rights in International Law

Authors

Federico Lenzerini, University of Siena

First Page

73

Abstract

Since the XIXth Century, implied (unenumerated) rights have been widely recognized by the courts of several countries with the purpose of addressing the shortcomings existing in national constitutions with respect to the protection of the fundamental rights and freedoms of the human person. In the last decades, such a trend has been emulated by international human rights treaty bodies and regional courts, which use implied human rights to fill the gaps existing in human rights instruments. This practice increases the level of protection afforded to individuals and communities, achieving the goal of guaranteeing effectiveness of human rights.

Recommended Citation

Federico Lenzerini, Practice and Ontology of Implied Human Rights in International Law, 15 Intercultural Hum. Rts. L. Rev. 73 (2020).
Available at: https://scholarship.stu.edu/ihrlr/vol15/iss1/3