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Rishmawi, Mona --- "The rule of law and human rights" [2018] ELECD 621; in May, Christopher; Winchester, Adam (eds), "Handbook on the Rule of Law" (Edward Elgar Publishing, 2018) 357

Book Title: Handbook on the Rule of Law

Editor(s): May, Christopher; Winchester, Adam

Publisher: Edward Elgar Publishing

ISBN: 9781786432438

Section: Chapter 22

Section Title: The rule of law and human rights

Author(s): Rishmawi, Mona

Number of pages: 24

Abstract/Description:

This chapter traces the interrelated conceptual development of human rights and the rule of law. But irrespective of how they are matched, when the rule of law is absent, human rights violations occur. And without human rights, there is no justice – only rule by law. Some core principles connecting both notions are identified, including legality, equality, participation, transparency, and accountability. The mechanisms available to measure the two ideals are also considered.There are implications for rule of law assistance depending on how much human rights is embodied within the rule law framework. Some argue that only rights related to criminal justice and fair trial should be included. Others stress that the full spectrum of civil, cultural, economic, political and social rights should be advanced within the rule of law. In any case, once the rule of law is separated from human rights, injustice is likely to occur.