Human rights law is both multi-layered and highly fragmented. Across texts and monitoring bodies, cross-references and cross-fertilisation occur, yet such practices of ‘human rights integration’ are far from generalized or systematic. From a systemic perspective, as well as from the perspectives of rights holders and duty bearers, strong arguments can be made in favour of a higher degree of co-ordination and alignment. Against this background, and while fully supporting this case, the present paper zooms in on the limits of the human rights integration project. After presenting the picture of the fragmentation of human rights law (2) and the case for increased integration (3), the paper will examine the benefits of fragmentation (4). Four different logics – specialisation, contextualisation, experimentation and strategic choice- plead in favour of plurality of human rights sources and remedies. The paper will argue that increased human rights integration can and should maintain these benefits of fragmentation. This is expressed in the concept ‘smart human rights integration’.
Professor Eva Brems joined the Ghent University Law Faculty in September 2000 as the first holder of the then newly created chair of Human Rights Law. At Ghent University, she founded the Human Rights Centre. Eva’s research interests cover most areas of human rights law in European and international law as well as in Belgian and comparative law, with a particular emphasis on the protection of the rights of non-dominant groups and individuals. She has a keen interest in multi- and interdisciplinary research. Eva has been an activist in the board of several Belgian human rights NGOs, including as the Chair of the Flemish section Amnesty International (2006 – 2010), and she was briefly active in politics as a Member of the Belgian Federal Chamber of Representatives (2010 – 2014).
All interested fellows, PhD researchers, professors and visiting academics are invited to participate. The paper can be accessed here.