Council of Europe Council of Europe framework The European Convention for the Protection of Fundamental Rights and Freedoms Procedures Other Council of Europe human rights machinery European Committee for the Prevention of Torture European Committee of Social Rights (ECSR) Council of Europe Commissioner for Human Rights European Union Other regional human rights instruments Customary international law Chapter 6 58 58 59 60 61 62 64 Chapter 7 General application of human rights standards Civil and political rights 6 53 53 53 53 54 55 55 How human rights work Sources of human rights Human rights as the guarantor of human dignity The requirement of legality The rule of law The right to an effective remedy Retroactivity 50 50 51 52 65 65 “Living instrument” “Practical and effective” 65 66 The nature of civil and political rights 66 Absolute rights Limited rights Qualified rights Derogable and non-derogable rights 67 67 67 68 Restricting rights Legality: is there a legal basis for the interference? Is there a recognized justification or ground for restricting rights? Is it “necessary in a democratic society”? Is it proportionate? Is it discriminatory? Cross-cutting issues arising under civil and political rights Autonomous concepts Positive obligations Horizontal application Extra-territorial effect Prohibition of the abuse of rights Impunity and amnesty Additional concepts 68 68 68 69 70 71 73 73 73 74 74 75 76 76 Economic, social and cultural rights 76 Principles applicable to the guarantee of economic; social and cultural rights under the ICESCR 78 Progressive realization of rights 78 Minimum core obligations Analysing the content of economic, social and cultural rights 79 79 Countering Terrorism, Protecting Human Rights