Duties of the individual in international human rights law

Mando Rachovitsa

Chapter 34 in Research Handbook on Accountability for Human Rights Violations, 2025, pp 604-624 from Edward Elgar Publishing

Abstract: This chapter revisits the question of whether international human rights law has any space for individuals’ duties. Despite this question's relevance to the theme of the accountability in human rights law, it is infrequently raised. The discussion first explains the normative framework on individuals’ duties in human rights law. It then moves on to explore certain conceptual difficulties pertaining to the nature and function of duties. Finally, the analysis enquires whether duties may be accommodated in human rights law reasoning in the practice of international courts and bodies. The chapter finds that although certain duties may hold promising potential for re-envisioning aspects of human rights law and practice, they are underdeveloped in theory and practice. With that being said, it is necessary that international and regional bodies retain a high level of scrutiny regarding the proportionality and necessity of enforcing duties on the domestic level.

Keywords: Individuals; Duties; African Court of Human and Peoples; Rights; Community; Human responsibilities; Social solidarity (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035306923
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