Ten Guidelines for the Correct Interpretation of Rights
Journal Title: The Age of Human Rights Journal - Year 2013, Vol 1, Issue 1
Abstract
In this brief work I will propose ten guidelines or criteria to assist in interpreting human and fundamental rights norms in a way that is correct (as much as is reasonable) and that is in line with the perspective of the constitutional court. To do so, I will work from a series of premises to help locate these guidelines within the context of a theory of interpretation. As might be expected, this theory is itself based on a theory of law. In what follows, I will provide an account of some of the characteristic dimensions of the interpretation of rights norms. Finally I will present the ten guidelines that in fact constitute what I have elsewhere termed as main criteria of interpretation.
Authors and Affiliations
Rafael De Asís Roig
Is Sexual Assistance a Right?
In this paper I will reflect on sexual assistance, and I will discuss the possibility of shaping sexual assistance as a right. The question of whether sexual assistance is a right can have different answers depending on...
The Role of Cultural Heritage in the Creation of a Sense of Belonging among Young Norwegian Turks: Boundary Making and Crossing
This paper discusses the importance that cultural heritage has for Norwegians of Turkish decent when it comes to negotiating both their belonging and the concept of home. The role of heritage in making and crossing t...
The Right to Secession in the Framework of Liberal Democracies and the Legitimacy of a Unilateral Declaration. The Case of Catalonia
The Spanish constitution proclaims Spanish unity to be indissoluble and, therefore, does not recognize the right to secession. However, this prevision could be reformed, even if it involves rather complicated processes....
Ethics and Legal Keys to Biomedical Research in Spain
This study analyzes the Spanish regulations on Biomedical research, with special reference to the Act of July 3, 2007, inspired by the instruments adopted by the Council of Europe and the European Union as well as in the...
The Right to Internal Self-Determination in Peacebuilding Processes: A Reinterpretation of the Concept of Local Ownership from a Legal Perspective
I. INTRODUCTION; II. A RIGHT NEEDS TO BE EXPLORED: INTERNAL SELF-DETERMINATION; II.1. The Legal Foundations of Internal Self-Determination; II.2. The Right to Internal SelfDetermination: Definition, Scope and Methods;...