Author: Yves Haeck Publisher: ISBN: 9781780682167 Category : Festschriften Languages : en Pages : 0
Book Description
Introduction by the Editors (p. 1) Part I. International Human Rights Law in General The International Law of Human Rights Two Decades After the Second World Conference on Human Rights in Vienna in 1993 (p. 13) Article 1 UDHR: from Credo to Realisation (p. 41) Some Reflections on Balancing Conflicting Human Rights (p. 53) Initial Assessment of the United Nations Declaration on Human Rights Education and Training (p. 73) Part II . European Human Rights Law The Role of Dialogue in the Relationship Between the European Court of Human Rights and National Courts (p. 89) Significantly Insignificant? The Life in the Margins of the Admissibility Criterion in Article 35(3)(b) European Convention on Human Rights (p. 107) The Stubbornness of the European Court of Human Rights' Margin of Appreciation Doctrine (p. 125) Are Judges of the European Court of Human Rights so Qualified that They are in No Need of Initial and In-Service Training? A 'Straatsburgse Myj/mering' (Myjer's Musings from Strasbourg) for Leo Zwaak (p. 151) Part III . Inter-American and African Human Rights Law A Barren Effort? The Jurisprudence of the Inter-American Court of Human Rights on Jus Cogens (p. 165) Strengthening or Straining the Inter-American System on Human Rights (p. 193) Preventing Human Rights Violations: Recommendations for Enhancing the Effectiveness of Interim Measures Before the Inter-American and African Human Rights Commissions (p. 221) The Recent Practice of the Inter-American Defence Attorney Figure During the Proceedings Before the Inter-American Court of Human Rights (p. 243) From the Non-Discrimination Clause to the Concept of Vulnerability in International Human Rights Law. Advancing on the Need for Special Protection of Certain Groups and Individuals (p. 259) The Debt of the Peruvian State Towards the Inter-American System of Human Rights (p. 273) Part IV. International Human Rights Law, International Criminal Law and International Humanitarian Law The Right to Truth in International Criminal Proceedings: An Indeterminate Concept from Human Rights Law (p. 291) Disputes over Exemplary Justice: Kenyans Before the International Criminal Court (p. 313) Some Thoughts on the Relationship Between International Humanitarian Law and International Human Rights Law: a Plea for Mutual Respect and a Common Sense Approach (p. 335) A Battle over Elasticity - Interpreting the Concept of 'Concrete and Direct Military Advantage Anticipated' under International Humanitarian Law (p. 351) Part V. International Human Rights Law, Extraordinary Rendition and Forced Disappearances Extraordinary Rendition and the Security Paradigm (p. 369) Enforced Disappearance as Continuing Crimes and Continuing Human Rights Violations (p. 389) Why is Establishing a Systematic Practice in the Adjudication of Enforced Disappearance Conducive to Providing Protection Against This Crime? (p. 415) Part VI. International and National Protection of Human Rights Partnership between National Human Rights Institutions and Human Rights Treaty Bodies in the Implementation of Concluding Observations (p. 437) Strategic Litigation by Equality Bodies and National Human Rights Institutions to Promote Equality (p. 461) The International Responsibility of the State for the Conduct of Indigenous Legal Systems: the Case of Ecuador (p. 475) Unconstitutionality of the Denunciation of the American Convention on Human Rights by Venezuela (p. 497) Independence of the Judiciary in Turkey: Institutional Reforms after 1999 (p. 527) read now Contributing Authors (p. 551).
Author: Shreya Atrey Publisher: Bloomsbury Publishing ISBN: 1509935304 Category : Political Science Languages : en Pages : 259
Book Description
This collection of essays analyses how diversity in human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. The question arises from the realisation that people, who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc, often find themselves at the margins of human rights; their condition seldom improved and sometimes even worsened by the rights discourse. How does one make sense of this relationship between the complexity of people's disadvantage and violation of their human rights? Does the human rights discourse, based on its universal and common values, have tools, methods or theories to capture and respond to the difference in people's lived experience of rights? Can intersectionality help in that quest? This book seeks to inaugurate this line of inquiry.
Author: Bas de Gaay Fortman Publisher: ISBN: 9780415644488 Category : Electronic books Languages : en Pages : 0
Book Description
Political Economy of Human Rights is the first complete text covering and discussing human rights from a political economy perspective. Confronting international human rights with both global and local economic-political realities, this book entails a full shake-up of the UN led mission for human rights and the national strategies linked to it. It approaches human rights as not just legal resources but political tools as well, aimed at not only protection of existing freedoms and entitlements but also transformation of "disabling" environments. This implies a shift in the allocation of human and financial resources from the quasi-legal international level to the national and local environments in which these rights have to be realised. In a "human dignity triangle" the author connects human rights to human development and human security. Numerous issues connected to this major focus are presented and analysed from a political economy perspective. After an introduction that familiarizes the reader with some of the key concepts used throughout, the book is divided into six chapters. The first two combine a critique of the overly legal use of human rights with a reconceptualisation of their potential as powerful tools outside of the legal context. The next two chapters examine the nature of the structural challenges that face realisation, both on the global and on the local level. The last two chapters analyse two major areas of the human rights deficit: the structural non-implementation of the rights of the poor and the failing protection of non-dominant collectivities. Finally, a concluding chapter elaborates on the main findings and insights gained. The book combines rigorous juridical study with a focus on political-economic analysis of rights in context. Hence, it aims at an interdisciplinary treatment of human rights as opposed to current texts that have a tendency to be monodisciplinary. The book should be of interest to students of human rights, political economy, law and conflict studies, as well as those who work or research in these areas.
Author: Julie Fraser Publisher: Cambridge University Press ISBN: 1108489575 Category : Law Languages : en Pages : 339
Book Description
Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.
Author: United Nations. Office of the High Commissioner for Human Rights Publisher: ISBN: Category : Political Science Languages : en Pages : 584
Book Description
This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.
Author: Luke D. Graham Publisher: Taylor & Francis ISBN: 1000632547 Category : Law Languages : en Pages : 118
Book Description
This book explores destitution from the perspective of international human rights law and, more specifically, economic, social, and cultural rights. The experience of destitution correlates to the non-realisation of a range of economic, social, and cultural rights. However, destitution has not been defined from this perspective. Consequently, the nexus between destitution and the denial of economic, social, and cultural rights remains unrecognised within academia and policy and practice. This book expressly addresses this issue and in so doing renders the nexus between destitution and the non-realisation of these rights visible. The book proposes a new human rights-based definition of destitution, composed of two parts. The rights which must be realised (the component rights) and the level of realisation of these rights which must be met (the destitution threshold) to avoid destitution. This human rights-based understanding of destitution is then applied to a UK case study to highlight the relationship between government policy and destitution, to illustrate how destitution manifests itself, and to make recommendations – founded upon engendering the realisation of economic, social, and cultural rights – aimed towards addressing destitution. This book will have global and cross-sectoral appeal to anti-poverty advocates, policy makers, as well as to researchers, academics and students in the fields of human rights law, poverty studies, and social policy.
Author: Dejo Olowu Publisher: PULP ISBN: 0981412467 Category : Africa south of Sahara Languages : en Pages : 333
Book Description
An integrative rights-based approach to human development in Africaby Dejo Olowu2009ISBN: 978-0-9814124-6-7Pages: x 322Print version: AvailableElectronic version: Free PDF available.
Author: Jérémie Gilbert Publisher: Oxford University Press, USA ISBN: 0198795661 Category : Law Languages : en Pages : 225
Book Description
The management of natural resources is directly related to livelihoods for local communities, but is also intimately linked to broader national and regional economic development, as well as to political stability, peace and security. Natural resources and their effective management are necessary for securing the realisation of human rights. While there is some analysis regarding the emergence of specific relevant areas of human rights, such as the right to water, the right to food, or public participation, there is no systematic and comprehensive study on the potential role that human rights law can play in the management of natural resources. This book provides an in-depth analysis of these developments and how these could contribute to a more comprehensive human rights-based approach to the management of natural resources. In doing so, the author proposes a systematic analysis of the different norms, procedures, and approaches developed under human rights law which are relevant to the management of natural resources. As such, the text offers a human rights-based approach to the development of a legal framework for natural resource management, an area which is currently dominated by investment law and treaties concerning the use and exploitation of natural resources by States and private actors.
Author: Jonathan Wolff Publisher: W. W. Norton & Company ISBN: 0393083292 Category : Political Science Languages : en Pages : 208
Book Description
“A broad-ranging, insightful analysis of the complex practical and ethical issues involved in global health.”—Kirkus Reviews Few topics in human rights have inspired as much debate as the right to health. Proponents would enshrine it as a fundamental right on a par with freedom of speech and freedom from torture. Detractors suggest that the movement constitutes an impractical over-reach. Jonathan Wolff cuts through the ideological stalemate to explore both views. In an accessible, persuasive voice, he explores the philosophical underpinnings of the idea of a human right, assesses whether health meets those criteria, and identifies the political and cultural realities we face in attempts to improve the health of citizens in wildly different regions. Wolff ultimately finds that there is a path forward for proponents of the right to health, but to succeed they must embrace certain intellectual and practical changes. The Human Right to Health is a powerful and important contribution to the discourse on global health.
Author: Niamh Reilly Publisher: John Wiley & Sons ISBN: 0745654940 Category : Social Science Languages : en Pages : 214
Book Description
Women's Human Rights: Seeking Gender Justice in a Globalising Age explores the emergence of transnational, UN-oriented, feminist advocacy for womens human rights, especially over the past three decades. It identifies the main feminist influences that have shaped the movement liberal, radical, third world and cosmopolitan and exposes how the Western, legalist, state-centric, and liberal biases of mainstream human rights discourse impede the realisation of human rights in womens lives everywhere. The book traces the evolution of the womens human rights movement through an examination of its key issues, debates, and practical interventions in international law and policy arenas. This includes efforts to: Develop global gender equality norms via the UN Womens Convention Frame violence against women as a human rights issue Address gender-based crimes in conflict situations, include women in conflict resolution and post-conflict reconstruction, and challenge new forms of militarism Highlight the gendered human rights dimensions of widening inequalities in a context of neo-liberal globalisation Develop human rights responses to anti-feminist fundamentalist movements with a focus on reproductive and sexual rights Ultimately, Women's Human Rights reaffirms a commitment to critically reinterpreted universal human rights principles and demonstrates the vital role that bottom-up, transnational movements play in making them a reality in women's lives.
Author: Yves Haeck
Author: Shreya Atrey
Author: Bas de Gaay Fortman
Author: Julie Fraser
Author: United Nations. Office of the High Commissioner for Human Rights
Author: Luke D. Graham
Author: Dejo Olowu
Author: Jérémie Gilbert
Author: Jonathan Wolff
Author: Niamh Reilly