General principles are not human rights but there is a degree of overlap as some general principles, such as the principle of non-discrimination and non bis in idem have gradually evolved into substantive human rights by being sufficiently precise and fulfilling the conditions described above. In 1986 the UN Commission on Human Rights put forth a definition (Resolution 41/120, December 1986), stating that a human right must:Ī) Be consistent with the existing body of international human rights law ī) Be of fundamental character and derive from the inherent dignity and worth of the human person Ĭ) Be sufficiently precise to give rise to identifiable and practicable rights and obligations ĭ) Provide, where appropriate, realistic and effective implementation machinery, including reporting systems and It is relevant to attempt to define a general principle by distinguishing it from a human right. Moreover, when applying human rights treaties, it is important to take into account the existence of general principles which are embedded in international human rights law and which guide their application. Upon becoming parties to a human rights treaty, states must comply with the obligations enshrined therein.
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