Université de Fribourg

The Holders of Human Rights : The Bright Side of Human Rights?

Besson, Samantha

In: The Oxford Handbook of Global Justice, 2020, p. 99-121

International human rights law and practice reveal an ambivalent approach to the personal scope of human rights: human rights are often less equal or general than they claim and are claimed to be. The inequalities of human rights are of two kinds: some vulnerable individuals are also protected by special rights, thus drawing an internal boundary within the scope of human rights-holders, while...

Université de Fribourg

Security and Human Rights – Mind the Balance! : On Security in International Human Rights Law and the Dangers of the Normalization of Emergency

Besson, Samantha

In: Quid? : Fribourg law review, 2017, p. 7-19

In this article, the author analyzes the issue of thebalance between human rights and security. More precisely, she addresses three specific questions:Firstly, should human rights be “balanced” against security per se? Secondly, considering that human rights may be restricted on security grounds in certain circumstances, should the Israeli practice of balancing human rights and security...

Université de Fribourg

European Human Rights, Supranational Judicial Review and Democracy - Thinking outside the judicial box

Besson, Samantha

In: Human Rights Protection in the European Legal Order: Interaction between European Courts and National Courts, 2011, p. 97-145

Université de Fribourg

The Human Rights Competence in the EU - The State of the Question after Lisbon

Besson, Samantha

In: Human Rights and Taxation in Europe and in the World, 2011, p. 37-63

Université de Fribourg

Human Rights and Democracy in a Global Context - Decoupling and Recoupling

Besson, Samantha

In: Ethics and Global Politics, 2011, vol. 4, no. 1, p. 19-50

Human rights and democracy have been regarded as a mutually reinforcing couple by many political theorists to date. The internationalisation of human rights post-1945 is often said to have severed those links, however. Accounting for the legitimacy of international human rights requires exploring how human rights and democracy, once they have been decoupled or disconnected, can be recoupled...