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Cover International Human Rights Law

24. Within the State  

Andrew Byrnes and Catherine Renshaw

This chapter examines the state’s role in promoting and protecting human rights. The chapter deals with substantive protections: the nature, status, and scope of human rights protections under national law. These include the incorporation or other use of international human rights norms in domestic law, constitutional guarantees of rights, human rights legislation, protection under the general law, including the concept of the rule of law, and the common law. The chapter next considers institutional protections of human rights and briefly outlines the types of institutions that commonly play a role in the implementation, monitoring, and protection of human rights, including the courts, the executive, and the legislature, as well as mechanisms such as ombudsmen and national human rights institutions.