ABSTRACT

This chapter identifies and discusses the five positive criminalization requirements within international human rights treaty wording. These are found in ICERD, CAT, OP-CRC-AC, OP-CRC-SC, and CPED. It identifies that the drafting history of these obligations reveals a range of relationships between international human rights law and criminal law. At the two ends of this range are two types of human rights treaty-based criminalization: the creation of a new international criminalization requirement for the protection of a human rights issue on the one hand, and the clarification and operationalization of existing offences within the human rights sphere on the other hand.