ABSTRACT
This chapter identifies and examines some of the fundamental issues that judges encounter when applying the provisions of international human rights treaties. It brings into focus a methodological framework for operationalising international human rights law in judicial contexts. The chapter begins with a short overview of the main global and regional human rights treaties. This highlights key similarities and differences in the contents and infrastructure of human rights treaties. The next section considers key concepts that help to explain the nature of human rights-based obligations. The main part of the chapter addresses three central topics from the methodological toolbox. First, interpretation of human rights treaties. Second, tests and thresholds for applying human rights provisions. Third, deference to nonjudicial institutions in the adjudication of rights.
