The Limits of Moral Limitations: Reconceptualizing Morals in Human Rights Law

• 成果类型: Article
• 署名作者: Thoreson, Ryan
• 刊物名称: HARVARD INTERNATIONAL LAW JOURNAL
• ISSN/ISSBN: 0017-8063
• 发表日期: 2018
• 页码: 197-244
• 关键词: COURT

摘要

Each of the major human rights instruments from the Universal Declaration of Human Rights onwards has reserved the state's ability to curtail some rights in the name of interests in national security, public health, public order, and morals. These instruments do not define morals, however, and the growing recognition that sexual rights are human rights has made the deferential application of these limitation clauses increasingly untenable. As regional and international institutions struggle to make sense of moral limitations, this Article argues that constitutional morality, a concept developed by domestic courts in the Global South, offers a promising doctrinal tool to adjudicate disputes over sovereignty and sexual rights.