[Ws2-hr] When should ICANN uphold human rights?

Nigel Roberts nigel at channelisles.net
Thu Sep 8 11:44:26 UTC 2016


> Note that these rights may be in conflict with one another in some situations (e.g. right
> of free expression and right to property)

This is exactly what is meant in Human Rights jurisdprudence by a 
'qualfied right'.

So, 'yes'.


N.



PS: In terms of the right to life being absolute, I'd suggest we can 
safely ignore that debate, since nothing ICANN does, or would reasonably 
be expected to do, would engage that right.

I would just note, that  for Council of Europe Member States, capital 
punishment is abolished in all circumstances, and the Art 2. right is, n 
European jurisprudence one of the absolute rights,

http://www.ihrec.ie/training/guides/echr/section4therigh.html

In fact, I felt privileged, during my short tenure as a legislator in an 
unimportant component part of the British Isles, to actually have a vote 
on the adoption of Protocol 13, removing the last vestige of the death 
penalty, around 2003).


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