A tutela dos direitos humanos sociais pelos Tribunais Internacionais: prospectiva de reconhecimento do Direito à Educação como potencial norma de jus cogens

Abstract

The present thesis is inserted in the research field of State and Transnationality, and intents trough a theoretical analysis of peremptory norms of General International Law, the jus cogens, and of the protection norms of Human Rights in several regional systems, to demonstrate that a connection may exist between social Human Rights norms, specially the Right to Education, and the juris cogentis norms of General International Law. Such demonstration implies that exist a social and political reality that bears the need to recognize a norm by the actors of International Law.To obtain the objective the regional protection systems will be analyzed, the ones that already exist and those that should, and verify their process in the concern of Economical, Social and Cultural Rights, specially the right to Education. The systems that will be analyzed are the European, the Interamerican, the African, the Islamic/Arab, and the Asian. Once sustained the peremptory character of the Right to Education, the present thesis will show how the Social Human Rights can be adjudicated in the regional systems of protection, binding also the States that have not accepted the competence of those Courts