This book chapter discusses the difficulties that exist in guaranteeing human rights in the context of armed conflicts, especially the right to education, which is already a challenge in the context of peace. International doctrine is practically unanimous in its view that only International Humanitarian Law is capable of guaranteeing rights in armed conflicts, which consequently excludes human rights. However, throughout the evolution of international law and the decisions of the International Court of Justice (ICJ), the construction has been in favor of guaranteeing human rights and specifically economic, social and cultural rights. Precisely these rights, and specifically the right to education, raise the question of how they coexist with the rights already guaranteed by International Humanitarian Law and whether they can really be protected in their entirety in the context of war and if there is no possibility of guaranteeing their protection, what would be the way out in which the right to education can be partially protected.

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The Protection of Economic, Social and Cultural Rights in Armed Conflicts: The Right to Education Between Myths and Realities

  • José Noronha Rodrigues,
  • Janny Carrasco Medina,
  • Dora Cristina Ribeiro Cabete

摘要

This book chapter discusses the difficulties that exist in guaranteeing human rights in the context of armed conflicts, especially the right to education, which is already a challenge in the context of peace. International doctrine is practically unanimous in its view that only International Humanitarian Law is capable of guaranteeing rights in armed conflicts, which consequently excludes human rights. However, throughout the evolution of international law and the decisions of the International Court of Justice (ICJ), the construction has been in favor of guaranteeing human rights and specifically economic, social and cultural rights. Precisely these rights, and specifically the right to education, raise the question of how they coexist with the rights already guaranteed by International Humanitarian Law and whether they can really be protected in their entirety in the context of war and if there is no possibility of guaranteeing their protection, what would be the way out in which the right to education can be partially protected.