The Pro Homine Principle as an Enshrined Feature of International Human Rights Law
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THE PRO HoMINE PRINCIPLE AS AN
ENSHRINED FEATURE OF INTERNATIONAL
HUMAN RIGHTS LAW
Valerio de Oliveira Mazzuoli
Federal University of Mato Grosso, Brazil
E-mail: mazzuoli@ufmt.br
Dilton Ribeiro
Independent Scholar
E-mail: diltonferraz@gmail.com
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 the human being 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 clarified by following internation-
al 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.
Keywords: Human Rights, Regionalism, Individualism, International Legal Personal-
ity, Comparative Law, Legal Principle.
Tle Indonesian Journal of' nternationa]& Comparative Law
ISSN: 2338 7602; E ISSN: 2338 770X
http://wwwvijil.or-g
ej 2014 The Institute for Migrant Rights Press](ViewImageLocal?handle=hein.journals/indjicl3&div=8&collection=&method=preview&ext=.png&size=3)
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The Pro Homine Principle as an Enshrined Feature of International Human Rights Law
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