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• Half-title
• Title page
• Copyright information
• Contents
• Table of Boxes
• Table of Figures
• Tables of Cases
• Table of Treaties and Conventions
• Table of Comments and Recommendations of Various International Committees
• Introduction
• Presentation
• What the Book is About
• International humanitarian law
• Diplomatic protection
• The rights of minorities
• International labour rights
• The focus of this book
• This third edition
• Acknowledgments
• Part I The Sources
• 1 The rise of international human rights
• Introduction
• 1 The Universal Level: the United Nations and Human Rights
• Bibliography
• 2 The Regional Level
• 2.1 The Council of Europe and human rights
• 2.2 The Organization of American States and human rights
• 2.3 The African Union and human rights
• 3 The Emerging Jus Commune of Human Rights
• 4 Human Rights Law as part of International Law
• 4.1 Human rights beyond treaties
• (a) Human rights in the UN Charter
• (b) Human rights as part of customary international law
• (c) Human rights as general principles of law
• (d) The significance of human rights as part of general international law
• 4.2 Human rights in the hierarchy of international law
• (a) The arguments in favour of hierarchy
• (b) Human rights as jus cogens norms
• (c) Serious breaches of jus cogens norms
• 4.3 The erga omnes character of human rights obligations
• 4.4 Human rights treaties as non-contractual in nature
• 4.5 Reservations to human rights treaties
• (a) The regime of reservations in international law
• (b) Reservations in the Inter-American and European systems
• The position of the Inter-American Court of Human Rights
• The position of the European Court of Human Rights
• (c) From regional to universal human rights treaties: the doctrine of the Human Rights Committee
• 2 State responsibility and ‘jurisdiction’
• Introduction
• 1 National Territory and ‘Effective Control’
• 1.1 Occupied foreign territory
• 1.2 The inability of the State to control all the national territory
• 2 Extraterritorial Obligations under International Human Rights Law
• 2.1 The responsibility of States for the activities of State agents operating outside the national b
• 2.2 The obligation of States to protect human rights beyond the national territory
• Prescriptive extraterritorial jurisdiction based on the duty to protect human rights
• Adjudicative extraterritorial jurisdiction based on the right of access to a court
• 2.3 The obligation of international assistance and co-operation
• 2.4 Human rights and development
• Redefining development: the constitutive and instrumental roles of human rights
• The human rights-based approach to development
• The internal and international dimensions of the right to development
• 3 The Responsibility of States in Inter-State Co-Operation
• 3.1 Deportation cases
• 3.2 The execution of foreign judgments
• 4 The Responsibility of States for the Acts of the International Organizations
• 4.1 The general regime
• 4.2 The specific character of the UN Charter and of UN Security Council Resolutions
• Part II The Substantive Obligations
• 3 Respecting human rights: avoiding interference
• Introduction
• 1 The Typology of States’ Obligations
• 1.1 Obligations to respect, to protect, and to fulfil
• 1.2 Availability, accessibility, acceptability, and adaptability
• 2 Rights of an ‘Absolute’ Character
• 2.1 The ‘War on Terror’ under the Bush US administration
• 2.2 The absolute character of the prohibition of torture in the context of deportation proceedings
• (a) The principle
• (b) Diplomatic assurances
• 2.3 Case study: the Abu Qatada (Othman) litigation
• 3 The Regime of Rights which may be Restricted
• 3.1 The acceptability of limitations on human rights
• 3.2 The condition of legality
• 3.3 The condition of legitimacy
• 3.4 The condition of necessity
• (a) The general principle
• (b) The importance of procedures for weighing all relevant interests
• (c) The importance of contextual assessments
• 3.5 Case study: restrictions to freedom of religion in vestimentary codes
• 3.6 Abuse of rights
• 4 Protecting human rights: regulating private actors
• Introduction
• 1 The Imputability to the State of the Conduct of Non-State Actors and the Obligation to Protect
• 1.1 The attribution to the State of acts committed by private entities
• 1.2 Positive obligations to protect
• (a) Before UN human rights treaty bodies
• (b) Before regional courts
• 2 Measuring The Scope of the Obligation to Protect
• 2.1 The principle
• 2.2 An obligation of means
• 2.3 The limits of the obligation to protect
• 2.4 Human rights in contractual relationships and the question of waiver of rights
• 2.5 Respect for conflicting human rights as a limit to the scope of the obligation to protect
• (a) Affirming the priority of the obligation to respect over the obligation to protect
• (b) Deferring to the evaluation of other authorities
• (c) Developing judicial techniques that can solve conflicts between rights: ‘practical concordance’
• 3 Business and human rights
• 3.1 The issue of human rights and transnational corporations
• 3.2 The ‘duty to protect’ of States and the due diligence requirements imposed on corporations
• 3.3 Trade and investment agreements and human rights
• 3.4 Climate change, environmental rights, and human rights
• 5 Fulfilling human rights: progressive realization
• Introduction
• 1 The Principle
• 2 Framework Laws and Action Plans
• 2.1 Framework laws
• 2.2 National strategies and action plans
• 3 Indicators and Benchmarks
• 4 Measuring the Obligation of Progressive Realization
• 6 Derogations in time of public emergency
• Introduction
• 1 First Condition: A Public Emergency which Threatens the Life of the Nation
• 1.1 What is a public emergency threatening the life of the nation?
• 1.2 The need for an official proclamation of a state of emergency
• 2 Second Condition: The Necessity Requirement
• 3 Third Condition: The Non-Discrimination Requirement
• 4 Fourth Condition: Compliance with other International Obligations
• 5 Fifth Condition: Rights which are not Subject to Derogation
• 6 Sixth Condition: International Notification
• 7 The prohibition of discrimination
• Introduction
• 1 The Scope of the Requirement of Non-Discrimination
• 1.1 The International Covenant on Civil and Political Rights
• 1.2 The European Convention on Human Rights
• 1.3 The European Social Charter
• 1.4 The American Convention on Human Rights
• 2 The Range of States’ Obligations
• 2.1 Equality before the law
• 2.2 Equal protection of the law
• (a) Sex
• (b) Religious or philosophical conviction
• (c) Sexual orientation
• (d) Nationality
• (e) Health status and disability
• 2.3 The legal prohibition of discrimination
• 2.4 The guarantee of an effective protection against discrimination
• 3 The Notion of Discrimination
• 3.1 Direct and indirect discrimination
• 3.2 Reasonable accommodation
• 3.3 Positive action
• (a) The notion of positive action or ‘temporary special measures’
• (b) The contribution of temporary special measures to the promotion of equality
• (c) The compatibility of temporary special measures with the non-discrimination requirement
• 4 Systematizing Anti-Discrimination Law
• 5 Self-Determination and Minority Rights
• 5.1 The right to self-determination
• (a) General principles
• (b) The internal and external dimensions of self-determination
• (c) The lack of justiciability of the right to self-determination in the context of individual commu
• 5.2 Minority rights
• (a) The direct route: the explicit protection of rights of minorities
• The definition of minorities in international law
• (b) The indirect route: the protection of the rights of minorities and the right to respect for priv
• Part III The Mechanisms of Protection
• 8 Ensuring compliance with international human rights law: the role of national authorities
• Introduction
• 1 Judicial Remedies
• 1.1 The general requirement to provide effective remedies
• 1.2 The question of the justiciability of economic and social rights
• (a) Challenges to the justiciability of economic and social rights
• (b) Answers to these challenges
• (c) The justiciability of economic, social, and cultural rights: conceptual guidance
• 1.3 Economic and social rights before national courts
• 2 Non-Judicial Mechanisms
• 2.1 The role of preventive mechanisms in general
• 2.2 Human rights impact assessments
• 2.3 The role of national human rights institutions
• 9 The United Nations human rights treaties system
• Introduction
• 1 State Reporting
• 1.1 The objectives of State reporting
• 1.2 The role of non-governmental organizations
• 1.3 The problem of overdue reports or ‘non-reporting’ States
• 2 Individual Communications
• 2.1 The ‘ratione temporis’ rule
• 2.2 The ‘victim’ requirement
• 2.3 The exhaustion of local remedies
• 2.4 Non-duplication with other international procedures
• 3 The Implementation of Findings of un Human Rights Treaty Bodies
• 3.1 The follow-up of Concluding Observations
• 3.2 The implementation of decisions (views) adopted on the basis of individual communications
• 4 The Reform of the un Human Rights Treaties System
• 10 The United Nations Charter-based monitoring of human rights
• Introduction
• 1 The Establishment of the Human Rights Council
• 2 The Complaints Mechanism
• 3 The Universal Periodic Review
• 4 The Special Procedures
• 4.1 The origins and diversity of the special procedures of the Human Rights Council
• 4.2 The selection of mandate-holders of special procedures of the Human Rights Council
• 4.3 The code of conduct for special procedures of the Human Rights Council
• 4.4 The tools used by the special procedures of the Human Rights Council
• (a) Communications
• (b) Country visits
• (c) Annual reports
• 11 Regional mechanisms of protection
• Introduction
• 1 The European System of Protection of Human Rights
• 1.1 The original system: before Protocol No. 11 restructuring the control machinery of the European
• 1.2 The system reformed: Protocol No. 11 restructuring the control machinery of the European Convent
• (a) The admissibility phase
• (b) The merits phase and the supervision of the execution of judgments
• (c) Treating large-scale violations: the ‘pilot’ judgments
• (d) Co-operation in the execution of judgments
• 2 The Inter-American System of Protection of Human Rights
• 2.1 The powers of the Inter-American Commission on Human Rights
• 2.2 The powers of the Inter-American Court of Human Rights
• (a) The advisory function
• (b) Individual petitions
• The admissibility phase
• The merits phase
• The supervision of compliance with the judgments of the Inter-American Court of Human Rights
• 2.3 The approach of the Inter-American Court of Human Rights
• 3 The African System of Protection of Human and Peoples’ Rights
• 3.1 The African Commission on Human and Peoples’ Rights
• (a) Promoting human and peoples’ rights
• (b) Providing an authoritative interpretation of the Charter
• (c) Protecting human and peoples’ rights
• 3.2 The African Court on Human and Peoples’ Rights
• Index