Name: International Human Rights Law - Bókakaup
Availability: InStock

Description

Efnisyfirlit

Title
Contents
Acknowledgements
Table of cases
Table of treaties
Table of other documents
Abbreviations
Part I International legal systems and the development ofhuman rights law
1 Introduction
1. Human rights of the individual in international law
2. Structure of the book
3. Themes in international human rights law
(i) Universalism and regionalism
(ii) Interdependence of human rights
(iii) The scope of human rights law – individual and group rights
(iv) The public/private divide in human rights law
(v) The sui generis character of international human rights law
2 International law and human rights
1. Introduction
2. Nature and definition of international law
3. Fundamental characteristics of international law
4. Sources of international law
(i) International conventions
(ii) International customary law
(iii) General principles of law
(iv) Subsidiary sources of international law
(v) Additional sources of international law
5. Jus cogens and human rights law
6. Conclusions
3 The United Nations system and the modern human rights regime (1945–)
1. Introduction
2. Limitations of the Charter
3. Principal organs of the United Nations
(i) The General Assembly
(ii) The Security Council
(iii) The Economic and Social Council (ECOSOC)
(a) The Commission on the Status of Women
(iv) International Court of Justice
(v) The Trusteeship Council
(vi) The Secretariat
4. The Human Rights Council
(i) Historical background – the Human Rights Commission and the Sub-Commission
(ii) Structure and functions of the Human Rights Council
(a) Mandate and responsibilities
(b) Status within the UN Framework
(iii) Universal Periodic Review (UPR) – specific details
(iv) Complaint procedure
(a) The Human Rights Commission and Resolutions 1235 and 1503
(b) The Human Rights Council Complaints Procedure
(v) Special procedures
(a) Under the Human Rights Commission
(b) Under the Human Rights Council
(vi) Human Rights Council’s Advisory Committee
(vii) The Office of the High Commissioner for Human Rights
5. Conclusions
Part II The International Bill of Rights
4 The Universal Declaration of Human Rights
1. Introduction
2. Range of rights contained and the rationale for international consensus
3. Nature of obligations and relevance for human rights practitioner
(i) UDHR as an authoritative interpretation of the Charter
(ii) UDHR as part of customary international law
(iii) UDHR binding States with its jus cogens character
4. Conclusions
5 International Covenant on Civil and Political Rights
1. Introduction
2. The International Covenants and the right to self-determination
3. General nature of obligations
(i) Derogations in times of public emergency
4. Analysis of substantive rights
(i) The right to life, prohibition of torture and the issues concerning capital punishment
(ii) Rights to liberty and security of person, prohibitions of arbitrary detentions and unfair trial
(iii) Rights to privacy, freedom of expression, conscience, opinion,assembly and association
(iv) The interaction between principles of equality and non-discrimination with minority rights
5. The Human Rights Committee (HRC)
6. The reporting procedure
(i) Reporting guidelines
7. General comments
8. Inter-State applications
9. The Individual Complaints Procedure
(i) Admissibility requirements under the Optional Protocol
(a) Who may submit a petition?
(b) Are actio popularis communications permissible?
(c) Communications ratione materiae
(d) Against whom?
(e) Communications ratione temporis
(f ) Communications between petitioner and the State complained against
(ii) Admissibility and procedural requirements connected with the content of the petition
(a) Effect on admissibility of the existence of international procedures (Article 5(2)(a))
(b) Effect on admissibility by non-exhaustion of domesticremedies (Article 5(2)(b))
(iii) Other admissibility requirements
10. Conclusions
6 The International Covenant on Economic, Social and Cultural Rights
1. Introduction
2. Arguments over the superiority of rights
3. General nature of obligations: progressive realisation of rights
(i) Gender equality
4. Self-determination and economic, social and cultural rights
5. Analysis of the structure and substantive rights
(i) The right to work and rights of workers
(ii) Social security and family rights
(iii) Adequate standard of living and mental and physical health
(iv) Right to education
(a) International human rights law and the right to education
(v) Cultural rights
6. Implementation machinery
(i) Aims and objectives of State reporting system
(ii) Procedure
7. Innovative procedures
(i) Optional Protocol to the ICESCR
8. Conclusions
Part III Regional protectionism of human rights
7 Europe and human rights (I)
1. Introduction
2. The Council of Europe and protection of civil and political rights
(i) Rights contained in the Convention
3. Analysis of substantive rights
(i) The right to life and the prohibition of torture or inhuman ordegrading treatment or punishment
(a) Prohibition of torture or inhuman or degrading treatment or punishment
(b) Inhuman treatment, degrading treatment or punishment
(ii) The right to liberty and security
(iii) The right to fair trial
(iv) Privacy, family life, home and correspondence
(a) Freedom of religion
(b) Freedom of expression, assembly and association
(c) Non-discrimination issues under the Convention
4. Institutional mechanisms and implementation machinery
5. Complaints procedure under Protocol 11
(i) Preliminary procedures
(ii) Complaints procedure
(iii) Post-admissibility procedures
6. Inter-State applications
7. Individual complaints
(i) Ratione personae
(ii) Complaints against whom?
(iii) Requirement of victim
(iv) Competence ratione materiae
(v) Competence ratione loci
(vi) Exhaustion of domestic remedies
(vii) Six months rule
(viii) Other restrictions
8. Remedies before the Court
9. Significant principles emergent from the ECHR
(i) Reservations: Article 57
(ii) Derogation in time of emergency: Article 15
(iii) Margin of appreciation
10. Conclusions
8 Europe and human rights (II)
1. Introduction
2. European Social Charter 1961 (revised 1996)
(i) Rights contained in the revised Charter
(ii) Implementation mechanism
(a) Collective complaints procedure
3. The European Union
(i) Institutional structures and protection of human rights
(ii) European Court of Justice and human rights
(iii) Human rights and the EU treaties
(iv) The Charter of Fundamental Rights
(v) The Role of the Fundamental Rights Agency
(vi) Critical comments
4. The OSCE
(i) Human rights involvement through visits
(ii) High Commissioner for National Minorities
(a) The Office for Democratic Instituitions and Human Rights (ODIHR)
5. Conclusions
9 The inter-American system for the protection of human rights
1. Introduction
2. The OAS Charter system and the American Declaration of the Rights and Duties of Man
3. The Inter-American Commission on Human Rights
(i) Background: one commission for the two systems
(ii) Structure and organisation of the Commission
(iii) Complaints procedure
4. The American Convention on Human Rights (ACHR)
5. Analysis of substantive rights
(i) Right to life, liberty, the prohibition of enforced disappearances and torture
(ii) Equality and non-discrimination
(iii) Privacy, religion, thought, expression, assembly and association
(iv) Specialist rights
(v) Economic, social and cultural rights
6. Procedures under the American Convention on Human Rights
(i) State reporting
(ii) Individual complaints procedure
(iii) Inter-State application
(iv) Admissibility requirements
(v) Procedure
7. The Inter-American Court of Human Rights
8. Forms of jurisdiction
(i) Contentious jurisdiction
(ii) Advisory jurisdiction
9. Fact-finding missions of the Inter-American Commission
10. Conclusions
10 The African system for the protection of human rights
1. Introduction
(i) The African Union (AU)
(ii) The African Union and human rights law
2. The African Charter on Human and Peoples’ Rights and its distinctivefeatures
(i) Incorporation of three generation of rights
(ii) Duties of the individual
(iii) ‘Claw-back’ clauses
3. Analysing the substantive rights in the Charter
(i) Non-discrimination and equality
(ii) Right to life and prohibitions of torture and slavery
(iii) Freedom of religion, expression, association and movement
(iv) Property rights in the Charter
(v) Economic, social and cultural rights
(vi) The family as the natural unity and basis of society, rights ofwomen and children
4. The meaning of peoples’ rights in African human rights law
5. The African Commission
6. The African Court of Justice and Human Rights
7. Protecting human and peoples’ rights
(i) State reporting procedure
(ii) Inter-State procedure
(iii) Other communications
(iv) Article 58 communications
(v) Procedure
(a) Human rights initiatives focusing on peace-building and security
(b) Darfur, Sudan (AMIS)
(c) Somalia
(d) Elsewhere
8. Conclusions
11 Additional human rights mechanisms
1. Introduction
2. Islam and human rights law
(i) The sources and content of the Sharia
(ii) Understanding the scope of the Sharia
(iii) Islamic international human rights law
(iv) Controversy over women’s rights and rights of religious minorities
(v) Islamic institutions and approaches towards human rights law
(vi) The Organisation of the Islamic Conference (OIC)
(a) Institutions of the OIC
(b) The Cairo Declaration on Human Rights in Islam
(c) OIC Covenant on the Rights of the Child in Islam (2004)
(d) Convention of the OIC on Combating InternationalTerrorism (1999)
(e) The Role of the OIC and its Member States in the Aftermath of 11 September 2001
3. League of Arab States
(i) Arab Charter of Human Rights
4. South-Asia and Human Rights Law
(i) The South-Asian mosaic and the enormity of problems
(ii) International and regional institutions and difficulties in protecting and promoting human righ
(a) East Pakistan
(b) The Kashmir Conflict
(iii) Regional Mechanisms for the protection of human rights within South Asia: South Asian Associat
iv) Institutions of SAARC
5. Association of South-East Asian Nations (ASEAN)
6. Conclusions
Part IV Group rights
12 Equality and non-discrimination
1. Introduction
2. Equality and non-discrimination within international law
3. Religious discrimination and international law
4. Inconsistencies within international standards and difficulties in implementation
5. Right to racial equality and non-discrimination in international law
(i) The International Covenants
(ii) International Convention on the Elimination of All Forms of Racial Discrimination (The Race Con
(a) Complications in the definition of ‘discrimination’ and the scope of the Convention
(b) Issues of implementation
(iii) The Committee on the Elimination of Racial Discrimination (CERD)
(a) Procedure
(b) Inter-State complaints procedure
(c) Individual or group communication
6. Thematic discussions
7. Conclusions
13 The rights of minorities
1. Introduction
2. Definition of minorities
3. Analysing the substantive rights of minorities
(i) The right to life and physical existence
(ii) The right to religious, cultural and linguistic autonomy
4. Modern initiatives in international law
5. Regional protection of minority rights: an overview
6. Conclusions
14 The rights of ‘peoples’ and ‘indigenous peoples’
1. Introduction
2. Peoples’ right to self-determination
(i) Form and content of the right to self-determination
3. Indigenous peoples in international law: the issue of definition
4. Rights of indigenous peoples
5. Indigenous peoples and the UN system
(i) The United Nations Declaration on the Rights of Indigenous Peoples
(ii) Issues arising from the UN Declaration on the Rights of Indigenous Peoples (2007)
(a) Continuing the definitional debate
(b) Land rights
(c) Right of self-determination
(d) Cultural rights
(e) The Right to health
6. Other initiatives
7. Conclusions
15 The rights of women
1. Introduction
2. Rights of women and the human rights regime
(i) Women and violence during armed conflict
3. Combating discrimination against women and the international human rights movement
4. The role of the United Nations
5. The Convention on the Elimination of All Forms of Discrimination Against Women
(i) Issues of discrimination and of de facto equality
(ii) Modifying social and cultural patterns to eliminate practices based on ideas of inferiority
(iii) Representation in public life and the issue of nationality
(iv) Educational, employment and health rights
(v) Social and economic rights
(vi) Marriage and family relations
6. Reservations and the attempts to find consensus on the provisions of the Convention
7. The Committee on the Elimination of Discrimination Against Women (CEDAW)
(i) The Optional Protocol
(ii) General recommendations
(iii) Procedure
(iv) Recent initiatives
8. Violence against women
9. Conclusions
16 The rights of the child
1. Introduction
2. International instruments on the rights of the child
3. The Convention on the Rights of the Child
4. Analysing the substantive provisions
(i) Definitional issues and the obligations of States parties tonon-discrimination
(ii) Best interest of the child
(iii) Developmental rights of the child
(iv) Respect for the views of the child
(v) Freedom of expression, thought, conscience and religion and association and assembly
(vi) Measures to combat violence, abuse, exploitation and maltreatment of children
(vii) Children in wars and conflicts
(viii) Concerns of disability and health
(ix) Educational rights
(x) Criminal justice rights
5. Implementation of the Convention
(i) Protocols to the Convention on the Rights of the Child
6. Innovative features and other initiatives
(i) Regional initiatives to protect the rights of children
7. Conclusions
17 Rights of the persons with disabilities
1. Introduction
2. The United Nations and the rights of the disabled peoples
(i) The UN effort towards a focused approach to disability
(ii) The UN Convention on the Rights of Persons with Disabilities(CRPD): fundamental principles
(iii) Equality and non-discrimination
(iv) Vulnerable communities within disabled persons
(v) Independence, accessibility and participation in all aspects of life
(vi) Right to life, security and the prohibition from inhuman and degrading treatment
(vii) The right to education, health and employment
(viii) Right to participation in political, public and cultural life,recreation and sport
(ix) Implementation of the Convention
(x) The Optional Protocol to CRDP
(xi) Developments
(xii) National policies in respect of the Convention
3. Regional human rights law and disability
(i) The European system
(ii) Organization of American States
(iii) The African Union
(iv) Other systems of regional protection
4. Conclusions
18 Rights of refugees and internally displaced persons
1. Introduction
2. Establishing a nexus between refugeeism and mass displacement within human rights law
3. International law and the protection of refugees
(i) The Refugee Convention 1951
(ii) The principle of non-refoulement under the 1951 Convention
(iii) Obligations upon States parties under the Refugee Convention
(iv) Defining ‘refugees’ in international law
(a) Outside the country of origin
(b) Inability or unwillingness to seek or to take advantage of the protection of country of origin
(c) Reasons for persecution
(d) Well-founded fear of persecution
(v) Loss of refugee status
4. Regional approaches to refugees
(i) Europe
(ii) Africa
(iii) The Americas
(iv) Non-refoulement
5. International law and internally displaced persons (IDPs)
6. Conclusions
19 Rights of migrant workers and their families
1. Introduction
2. Migrant workers and human rights movement
3. The International Convention on the Protection of the Rights of All Migrant Workers and Members o
(i) Defining migrant workers and members of their families
(ii) Dichotomy between documented/regular migrant workers and undocumented/irregular migrant workers
(iii) Criticism and limitations of the substantive provisions of the Convention
(iv) Women as migrant workers
(v) Reluctance on the part of States to ratify or to follow principles of the Convention
(vi) Implementation of the Convention
(a) Implementation mechanisms
4. The role of the International Labour Organization in protecting the rights of migrant workers and
5. Regional standards
(i) The Council of Europe
(ii) The European Union
(iii) The Organization of American States (OAS)
(iv) The Association of South East Asian Nations (ASEAN)
6. Conclusions
Part V Issues arising in international human rights law
20 International criminal law and international human rights law
1. Introduction
2. Definition and characteristics of international criminal law
3. The developmental process of ICL
(i) Cold War politics and the stalemate in efforts to establisha permanent International Criminal Co
(ii) The ad hoc International Criminal Tribunals
4. The International Criminal Court (ICC)
(i) The role, functions and jurisdictional issues of the ICC
(ii) ICC’s jurisdiction
(iii) The rights of the accused individual under investigation and trial
5. Categories of international crimes
(i) War crimes
(ii) Crimes against humanity
(iii) Genocide
(iv) Aggression
6. Substantive principle of ICL: individual criminal responsibility,immunities and ‘superior order
7. Recent developments at the International Criminal Court
8. Mixed International Criminal Tribunals
9. Conclusions
21 International human rights law and international humanitarian law
1. Introduction
2. Historic Antecedents
(i) Religious ordinances on the laws of war
(ii) Early efforts to develop humanitarian laws
3. The content of international humanitarian law
(i) Application of international humanitarian law
(ii) Entitlement to take part in the conflict
(iii) Human rights and the amelioration of the condition of the sick and wounded at the field or at
(iv) Rights of prisoners of war (POWs)
(v) Protection of the civilian persons in times of war/armed conflict
4. Human Rights and Humanitarian Values in the Conduct of Warfare
(i) Distinguishing civilian from military targets and the strict focuson achieving military objectiv
(ii) Prohibition on causing unnecessary suffering
(iii) The principle of proportionality and protection of civilians
(iv) IHL, the right of self-determination and national liberation movements
(v) IHL, non-international armed conflicts and the protection offered under Protocol II
(vi) Provisions for special protection
(a) Women
(b) Children
(c) The environment
5. Enforcing international humanitarian law
6. Conclusions
22 Torture as a crime in international law and the rights of torture victims
1. Introduction
2. The Convention Against Torture (Torture Convention)
(i) Provisions contained in the Convention
(ii) Defining the concept of ‘torture’, ‘cruel’, ‘inhuman’ or ‘degrading treatment’
(iii) Non-expulsions and the Torture Convention
(iv) Torture and the issues of sovereign immunity and universal jurisdiction
3. The Committee Against Torture (CAT)
4. Implementation mechanisms
(i) Reporting procedures
(ii) Procedure for the consideration of reports
(iii) Inter-State procedure
(iv) Individual complaints procedure
(v) Investigation on its own initiative (Article 20)
5. The UN Special Rapporteur, the question of torture and other initiatives taken by the UN
(i) The UN Special Rapporteur on torture and other cruel, inhuman ordegrading treatment or punishmen
(ii) The United Nations Voluntary Fund
(iii) Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Trea
6. Regional initiatives
(i) The European Convention for the Prevention of Torture andInhuman and Degrading Treatment or Puni
(ii) Other regional initiatives
7. Conclusions
23 International human rights law and enforced disappearances
1. Introduction
2. Backdrop to the International Convention
(i) The Working Group on Enforced and Involuntary Disappearances(1980) (WGEID)
3. International Convention for the Protection of All Persons from Enforced Disappearance
(i) Analysing the provisions of the Convention
(ii) Jurisdiction, investigation, extradition, assistance and co-operation between States parties
(iii) Victims of enforced disappearance and enforced disappearances of children
(iv) Implementation of the Convention
(a) State reporting
(b) Request for urgent action
(c) Individual complaints procedure
(d) Inter-State complaints mechanism
(e) Initiating visits
(f ) Action upon receiving information which appears to contain well-founded indications that enforc
4. Regional instruments on forced disappearances
5. Conclusions
24 Terrorism as a crime in international law
1. Introduction
2. The definitional issues
(i) Recent developments on definitional issues
(ii) Review of comparative regional perspectives on defining and conceptualising terrorism
3. Terrorism and international law – historical developments
(i) International efforts to formulate legal principles prohibiting all forms of terrorism
(a) Inter-War years 1919–39
(b) Post-1945 developments
(c) Ending of the Cold War and shift in policies
(d) Dealing with specific terrorist activities
4. Acts of terrorism and human rights violations
5. International legal developments since 11 September 2001
(i) The United Nations, international community and the aftermath of 9/11: international human right
(ii) The ‘War on Terror’ and the repercussions for international human rights law
6. Conclusions
Appendix: Studying and research in the international law of human rights
Index