Notion of the international legal standard. Reflections based on international law concerning family.
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What does the notion of “the international legal standard” really mean? The issue is not addressed in the Polish doctrine, neither in the international law. Moreover, the terms ”a standard” and “to standardize” have several different linguistic meanings in the Polish language. This text contains thoughts on at least some of elements of this term based on examples from international human rights law concerning family. The analysis, step by step lead to the reconstruction of a definition which describes “the international legal standard” as a directive (a directives-statement) containing a legal norm or other normative-statement like a recommendation, a proposal, a suggestion of certain resolutions (sometimes set of legal norms and recommendations), included or interpreted from the biding and non-biding legal acts of international law; which: - sets up a typical model of protection of a somebody’s right; -was accepted as a minimal at the international level by competent organs; -is addressed at the first place to a state that is obliged to create status of respect for a given model of protection by all participants of legal relations under a jurisdiction of this state, including individuals.
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