Over-riding principles of (human rights) application [المنادئ المصيرة لتطبيق (حقوق الانسان)]

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Principles found in the initial articles common to both international human rights Covenants and other major international human rights treaties and standards, and to norms of justice arising from the major legal systems of the world. These explain how a State is to perform its obligation under human rights law and standards and involve principles of immediate application, including to ensure (1) the inalienable rights to self-determination; (2) nondiscrimination, in general; (3) gender equality; and (4) the rule of law, including access to justice and domestic application of the human rights contained in each treaty, particularly by adopting legislative measures. In the case of ESC rights, these also include (5) progressive realization of the rights and (6) the State’s devotion of the maximum of available resources to the respect, protection and fulfillment of the rights. States are obligated also to engage in (7) international cooperation in order to ensure the respect, protection and fulfillment of human rights domestically and extraterritorially. Thus, comprehensive monitoring of the human right to adequate housing requires assessing each entitlement (element) in light of the rights and corresponding obligations arising from these over-riding legal principles:

  1. Self-determination
  2. Nondiscrimination
  3. Gender equality
  4. Rule of law
  5. Applying the maximum of available resources
  6. Progressive realization (nonregressivity/nonretrogression)
  7. International cooperation

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