Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Substantive Law Applicable

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this chapter

+ Tax (if applicable)

Chapter Summary

Fact-finding in the field of human rights is a quasi-judicial process. This implies that, though not governed by some of the rigid aspects of legal proceedings, a fact-finding body should be guided by the relevant substantive and procedural rules of international law. The substantive law to be applied by a fact-finding body depends, in the first place upon any particular constitutional or treaty-régime within which it was established or any indications in its constitutive instrument. The chapter discusses the relevance and the applicability of what are generally known as the "international human rights standards". The Commission on Human Rights' Ad Hoc Working Group into the situation of human rights in Chile took the position that "The standards applied by the Group to assess the situation of human rights in Chile were those contained in the international instruments on human rights adopted by the United Nations and adhered to by Chile".

Keywords: Ad Hoc Working Group; Chile; fact-finding body; human rights; international human rights standards; substantive law; United Nations

10.1163/9789004276888_002
/content/books/b9789004276888s002
dcterms_subject,pub_keyword
10
5
Loading

Sign-in

Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
     
    International Law and Fact-Finding in the Field of Human Rights — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation