Basic Considerations of Humanity in Relation to the Convergences of Regimes of Protection of the Human Person

Abstract

A critical review of classic doctrine concerning the regimes of protection of the human person reveals that it used to endorse a rather compartmentalized outlook, - distinguishing the International Law of Human Rights, International Refugee Law and International Humanitarian Law, - due in great part to an exagerated emphasis in the distinct historical origins of the three regimes of protection. The character of jus cogens of non-refoulement places this latter above political considerations both of States and of political organs of international organizations; in this way, it also calls the attention to the importance of the access of the individuals to justice at international level. Despite the incongruities of the practice of States in our times, the opinio juris communis enlightens the path to follow, which is prevalence of the fundamental rights of the human person in all and any circumstances. Keywords:International Human Rights Law; International Humanitarian Law; International Refugee Law; jus cogens; non-refoulement