The position of soft rights in the normative hierarchy of human rights

Shahreshtani, Tayebeh; Rahmatifar, Samaneh; Suleimanian, Mohammad Hadi

doi:10.22034/ejs.2023.411387.1513

The position of soft rights in the normative hierarchy of human rights

Document Type : research

Authors

Tayebeh Shahreshtani ¹

Samaneh Rahmatifar ²

Mohammad Hadi Suleimanian ³

¹ Ph.D Student of International Law, Faculty of Humanities, Hamedan Branch, Islamic Azad University, Hamedan, Iran.

² Associate Professor of Department of Law, Faculty of Humanities, Hamedan Branch, Islamic Azad University, Hamedan, Iran.

³ Assistant Professor of Department of Law, Faculty of Humanities, Hamedan Branch, Islamic Azad University, Hamedan, Iran.

10.22034/ejs.2023.411387.1513

Abstract

Background and Aim: The concept of soft rights is one of the relatively new topics that has found a special place in the literature of international human rights. The purpose of this research is to explain the position of soft rights in the normative hierarchy of human rights.
Materials and Methods: This research is of theoretical type and the research method is descriptive-analytical and the method of data collection is library and has been done by referring to documents, books and articles.
Ethical Considerations: In order to organize this research, while observing the authenticity of the texts, honesty and fidelity have been observed.
Findings: The mechanisms of soft rights in the international human rights space have different functions, which has led to the conclusion that a fixed place for the concept of soft rights in the normative hierarchy of the international human rights system cannot be considered.
Conclusion: Soft law documents and mechanisms sometimes appear as an independent source and sometimes as an auxiliary and subsidiary source to verify other legal rules.

Keywords

sources of Law

human rights

soft Law

binding

Subjects