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MAZZUOLI, Valerio de Oliveira; RIBEIRO, Dilton. The \'pro homine\' principle as an enshrined feature of international human rights law. In: Indonesian Journal of International & Comparative Law, vol. III, issue 1 (January 2016), p. 77-99.

June 13, 2017 | Autor: Valerio Mazzuoli | Categoría: Constitutional Law, Human Rights Law, International Law, Human Rights, International Human Rights Law, Comparative Human Rights Law, Human Rights Education, Comparative Constitutional Law, Public International Law, European and International Law, European Constitutional Law, International Humanitarian Law, Human Rights in Latin America, European Convention of Human Rights, Human Rights Theory, Environmental Law and Human Rights, International Environmental Law, International Relations and Human Rights, Inter-American Human Rights System, European Court of Human Rights, General Principles of International Law, Inter-American Court of Human Rights, Pro Homine, Inter-american Commission of Human Rights, Pro Homine Principle, Comparative Human Rights Law, Human Rights Education, Comparative Constitutional Law, Public International Law, European and International Law, European Constitutional Law, International Humanitarian Law, Human Rights in Latin America, European Convention of Human Rights, Human Rights Theory, Environmental Law and Human Rights, International Environmental Law, International Relations and Human Rights, Inter-American Human Rights System, European Court of Human Rights, General Principles of International Law, Inter-American Court of Human Rights, Pro Homine, Inter-american Commission of Human Rights, Pro Homine Principle
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After the Second World War, human rights moved away from the margins and became an important aspect of international law. This new paradigm was based on human person at the centre of international human rights law. That is, instead of the state-centric Westphalian system, international human rights law is based on the human person as the source and end of law. Human rights instruments are created, interpreted and applied taking into account the human person. This pro homine framework flows from human rights instruments and was created by states themselves. The Universal Declaration of Human Rights and the American Declaration of the Rights and Duties of Man established this pro homine framework, which was later crystalized by following international treaties and strengthened by decisions from the European Court of Human Rights, the Inter-American Court of Human Rights and the International Court of Justice.
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