Zbornik Radova Pravnog Fakulteta u Splitu (Jan 2005)

The principle of non-discrimination; one of the fundamental principles of human rights protection

  • Vesna Barić Punda

Journal volume & issue
Vol. 42, no. 1-2
pp. 27 – 42

Abstract

Read online

The contemporary universal and regional international legal system of human rights protection forms a valid legal basis for the effective protection of human rights and freedoms. However, if one limits oneself to the legal aspect then the principle of state sovereignity is the legal power which obstructs implementation measures. Although the absolute nature of sovereignity with the development of international law has been modified, states still decide to what extent assumed international obligations will be fulfilled. Often, due to a lack of political willingness, which is conditioned by various and complex interests, they do not implement the agreed obligations. Hence, there exists a conflict between national sovereignity and the international legal duty to protect human rights and freedoms. It is specifically because of this that the author demonstrates the system of protection is not sufficiently effective.

Keywords