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New motivation, new strategies, and new ways of thinking have been created by adopting and adapting international human rights language, guarantees, and protections to us domestic abuses and by appealing to international human rights forums about violations in the united states. This article mises the claim that international human rights' l(lw can become overlegalized, and it draws upon interna tional relations throry and new emj1irical evidence to exj1lore a recent case study of overlegalization. This paper scrutinises convention case law prior to 9/11 in order to outline the ecthr‟s treatment of the margin of appreciation in terrorism cases, then examines the impact of „war on terror‟ rhetoric on the protection of human rights and fundamental freedoms.
The protection that a state offers to a foreign person because, in her or his country of nationality or habitual residence, that individual’s human rights are threatened or violated and she or he is unable to obtain due protection there because it is not accessible, available and/or effective. In addition to enouncing the rights of persons with disabilities, the convention outlines the institutional changes which states have to undertake in order to facilitate its implementation.
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