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Brems, Eva --- "Introduction: rewriting decisions from a perspective of human rights integration" [2017] ELECD 1227; in Brems, Eva; Desmet, Ellen (eds), "Integrated Human Rights in Practice" (Edward Elgar Publishing, 2017) 1

Book Title: Integrated Human Rights in Practice

Editor(s): Brems, Eva; Desmet, Ellen

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781786433794

Section: Chapter 1

Section Title: Introduction: rewriting decisions from a perspective of human rights integration

Author(s): Brems, Eva

Number of pages: 28

Abstract/Description:

The introductory chapter of the volume first introduces the concept of human rights integration and the methodology of rewriting. It then introduces the 15 rewritten opinions before analysing the contributors’ rewriting in terms of ‘what’, ‘how’ and ‘why’. In pragmatic terms, the implementation of human rights integration is expressed in the rewritten decisions mostly in terms of the introduction of references to external sources of human rights law (including soft law), in addition to some other sources of public international law. These include both primary sources (conventions, declarations), and the output of the monitoring bodies. The chapter gives an overview of these sources. It goes on to distinguish instances of implicit referencing from those of explicit referencing. Within the latter category the analysis of the rewrites reveals a range of different approaches. Finally, the chapter analyses contributors’ principled or pragmatic positions on human rights integration.