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- Title
THE SIGNIFICANCE OF CORRELATIVITY DOCTRINE AND SOME CONTEMPORARY PROBLEMS AND TENDENCIES.
- Authors
Situma, Joseph
- Abstract
Correlativity doctrine appears to apply to human rights because it seems that for every right-holder there is a conceivable duty-bearer. However, the exact nature of the nexus between right and duty varies and the strength of connection between these two aspects is contentious. Some scholars argue that correlativity doctrine only holds in 'special' cases but not in general and hence reject 'general correlativity doctrine (Lyons, 1970). In this paper, it is argued that correlativity varies 'with the kind of rights and duties in question and notions of human rights and duties that underpin diverse practices of human rights. Notwithstanding the variations, correlativity doctrine features directly or indirectly in human rights and duties discourse and it is heuristically valuable to 'making sense' of the diverse positions and actions of right-holders and duty-bearers. It is also a valuable concept for appraising duty-bearers' capabilities and segregating cases of moral intransigence from cases of non-moral failure. Part one of this paper demonstrates the significance of the correlativity doctrine in human rights discourse and its heuristic value in understanding diverse positions and actions of duty-bearers. Part two uses the human factor perspective to demonstrate the usefulness of correlativity doctrine by highlighting some contemporary problems and tendencies in developing countries, and how the problems and negative tendencies can be addressed by emphasizing both bilateral and unilateral views of rights and duties. We conclude that a number of measures ought to be taken in order to right the discourse and practice of human rights to include unilateral and bilateral view of rights and duties.
- Publication
Review of Human Factor Studies, 2019, Vol 25, Issue 1, p1
- ISSN
1023-3474
- Publication type
Academic Journal