ABSTRACT
Chapter 1 maps out the scope of existing protected characteristics under IHR “hard law,” as promulgated through the UN system, which is limited to 27 enumerated characteristics and overlooks numerous other sources of vulnerability to human rights violations. Chapter 1 then turns to the doctrine of the “evolutive interpretation” of treaties, whereby the text of treaties is to be interpreted based on norm and conditions prevailing at the time of the treaty’s application, and not necessarily at the time that it was originally drafted. Although evolutive interpretation is most commonly carried out by courts of law, this chapter will explain the relevance, in the context of IHR law of UN-based “soft law” processes. Key among these are declarations and resolutions by the General Assembly, the Human Rights Council, and other political bodies of the United Nations; authoritative interpretations and decisions made by UN treaty-monitoring bodies; the work of UN Special Procedures, such as Special Rapporteurs; and programs carried out by UN offices and agencies. The chapter concludes by elucidating the particular legal utility of the paradigm of “vulnerability” under IHR law.
