Chapter

The Role for Human Rights in the Decision-making Process of the Security Council

Bardo Fassbender

in Securing Human Rights?

Published in print October 2011 | ISBN: 9780199641499
Published online January 2012 | e-ISBN: 9780191732218 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199641499.003.0004

Series: Collected Courses of the Academy of European Law

The Role for Human Rights in the Decision-making Process of the Security Council

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This chapter addresses questions of safeguarding human rights in the course of Council action directed towards ‘other’ goals rather than the direct protection of human rights, i.e., mainly ‘classical’ goals of maintaining and restoring international peace. In particular, it evaluates how human rights considerations and concerns can be better integrated in the decision-making processes of the Security Council. It takes as its starting point the idea of an ‘international rule of law’ as a concept expressing, inter alia, certain expectations regarding the place of human rights in the work of the Council. It then addresses the foundation and the extent of the human rights obligations of the Council in the present international legal order. The chapter analyses the decision-making process of the Council with a view to the problems of a lack of transparency and legitimacy. Subsequently, an effort is made to identify types of Security Council action in which the problem of safeguarding human rights is acute. The final section explores different options for enhancing the role for human rights in the decision-making of the Council.

Keywords: Security Council; procedure; decision-making; human rights; United Nations Charter; international rule of law; transparency; legitimacy

Chapter.  12873 words. 

Subjects: Public International Law

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