IMMUNITY OF JURISDICTION AND THE EFFECTIVENESS OF SOCIAL HUMAN RIGHTS

Mariana Teixeira Thomé, Ynes da Silva Felix

Abstract


The objective of this study is to study the immunity of the states and international organizations in order to confront their applicability with the protection of social human rights. In order to do so, we used the inductive and dialectical methods to examine practical cases and correlate them with the use of jurisdictional and enforcement immunity theory. The problem includes the fact that acts of war committed by States enjoy absolute immunity to the point of mitigating the protection of human rights. In the same aspect there is the debate that deals with the execution of one foreign state in the face of another. Execution is not always fully effective and, therefore, there is a slowing down of effective protection of social human rights

Keywords


Immunity of jurisdiction. Immunity of execution. Social human rights.



DOI: https://doi.org/10.26668/IndexLawJournals/2358-1352/2017.v18i7.3283

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