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Considerations On Intertextuality And Permeability

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Chapter Summary

The assumption that human rights can be divided into two well-defined and distinct types of rights is weakened already when looking at the wording of the two sets of rights, in this context the ECHR and the European Social Charter (ESC)/ Revised European Social Charter (RESC). The intertextuality between human rights treaties gives rise to a number of considerations concerning the relation between various human rights norms. The notion of permeability appears useful in the sense that it describes the ways in which the two sets of rights interact. The theory of permeability, as supported by the intertextuality between the two sets of rights, and the perception of human rights as waves of duties are certainly helpful analytical tools when trying to grasp the legal implications of the notion of indivisibility.

Keywords: European Convention on Human Rights (ECHR); European Social Charter (ESC); Intertextuality; Permeability



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