Comparative Human Rights

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Comparative Human Rights Law

Sandra Fredman
Comparative Human Rights Law Book PDF

Author : Sandra Fredman
Publisher : Oxford University Press, USA
Page : 513 pages
File Size : 47,5 Mb
Release : 2018
Category : Civil rights
ISBN : 9780199689408

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Comparative Human Rights Law by Sandra Fredman Pdf

Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.

Human Rights from a Comparative and International Law Perspective

Joan Church,Christian Schulze,Hennie Strydom
Human Rights from a Comparative and International Law Perspective Book PDF

Author : Joan Church,Christian Schulze,Hennie Strydom
Publisher : Unisa Press
Page : 356 pages
File Size : 45,7 Mb
Release : 2007
Category : Comparative law
ISBN : 9781868883615

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Human Rights from a Comparative and International Law Perspective by Joan Church,Christian Schulze,Hennie Strydom Pdf

In terms of the South African Constitution of 1996 there is a general need for an introduction to comparative law and one that covers what is technically known as applied comparative law; more particularly applied comparative law that involves a study of the bills of rights in other countries.

Protecting Human Rights

Todd Landman
Protecting Human Rights Book PDF

Author : Todd Landman
Publisher : Georgetown University Press
Page : 252 pages
File Size : 40,9 Mb
Release : 2005-10-04
Category : Political Science
ISBN : 1589013980

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Protecting Human Rights by Todd Landman Pdf

Ours has been called a global "age of rights," an era in which respect for human rights is considered the highest aspiration of the international democratic community. Since the United Nation's 1948 Universal Declaration of Human Rights, a wide variety of protections—civil, political, economic, social, and cultural—have been given legal validation as countries ratify treaties, participate in intergovernmental organizations, and establish human rights tribunals and truth and reconciliation commissions. Yet notable human rights failures have marred the post-Declaration era, including ongoing state violence toward citizens, the selectivity of humanitarian intervention (evidenced by the international community's failure to respond in Rwanda), and recent legislation in advanced democracies that trades some rights for protection against the threat of terrorism. How are we to reconcile the language of rights with the reality? Do we live in an age of rights after all? In Protecting Human Rights, Todd Landman provides a unique quantitative analysis of the marked gap between the principle and practice of human rights. Applying theories and methods from the fields of international law, international relations, and comparative politics, Landman examines data from 193 countries over 25 years (1976-2000) to assess the growth of the international human rights regime, the effect of law on actual protection, and global variation in human rights norms. Landman contends that human rights foreign policy remains based more on geo-strategic interest than moral internationalism. He argues that the influence human rights ideals have begun to have on states cannot be separated from the broader impact of socioeconomic changes that swept the globe in the late twentieth century. Landman concludes that international law alone will not suffice to fully protect human rights—it must be accompanied by democratic government, effective conflict resolution, and just economic systems.

Climate Change and Human Rights

Ottavio Quirico,Mouloud Boumghar
Climate Change and Human Rights Book PDF

Author : Ottavio Quirico,Mouloud Boumghar
Publisher : Routledge
Page : 410 pages
File Size : 47,7 Mb
Release : 2015-09-07
Category : Law
ISBN : 9781317662686

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Climate Change and Human Rights by Ottavio Quirico,Mouloud Boumghar Pdf

Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

Damages for Violations of Human Rights

Ewa Bagińska
Damages for Violations of Human Rights Book PDF

Author : Ewa Bagińska
Publisher : Springer
Page : 486 pages
File Size : 53,5 Mb
Release : 2015-10-20
Category : Law
ISBN : 9783319189505

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Damages for Violations of Human Rights by Ewa Bagińska Pdf

This volume analyses the legal grounds, premises and extent of pecuniary compensation for violations of human rights in national legal systems. The scope of comparison includes liability regimes in general and in detail, the correlation between pecuniary remedies available under international law and under domestic law, and special (alternative) compensation systems. All sources of human rights violations are embraced, including historical injustices and systematical and gross violations. The book is a collection of nineteen contributions written by public international law, international human rights and private law experts, covering fifteen European jurisdictions (including Central and Eastern Europe), the United States, Israel and EU law. The contributions, initially prepared for the 19th International Congress of Comparative law in Vienna (2014), present the latest developments in legislation, scholarship and case-law concerning domestic causes of action in cases of human rights abuses. The book concludes with a comparative report which assesses the developments in tort law and public liability law, the role of the constitutionalisation of the right to damages as well as the court practice related to the process of enforcement of human rights through monetary remedies. This country-by-country comparison allows to consider whether the value of protection of human rights as expressed in international treaties, ius cogens and in national constitutional laws justifies the conclusion that the interests at stake should enjoy protection under the existing civil liability rules, or that a new cause of action, or even a whole new set of rules, should be created in national systems.

Women's International and Comparative Human Rights

Susan W. Tiefenbrun
Women s International and Comparative Human Rights Book PDF

Author : Susan W. Tiefenbrun
Publisher : Unknown
Page : 0 pages
File Size : 48,8 Mb
Release : 2012
Category : Women (International law)
ISBN : 1594607036

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Women's International and Comparative Human Rights by Susan W. Tiefenbrun Pdf

Women's International and Comparative Human Rights is a collection of materials that provide information and insight into the complex issues of international human rights and the laws and customs that specifically impact women in countries all over the world. These materials include: excerpted cases, statutes, treaties, newspaper articles, law review articles, books, U.N. treaty organs and committee reports, and cases emanating from regional and international tribunals. By applying an interdisciplinary approach, Professor Tiefenbrun looks into the history of the global human rights movement, the structure of the United Nations and its human rights system, and the relationship of international law to the development of international human rights laws that relate specifically to women. The book examines women's civil, political, social, economic, and cultural rights, women's human rights in armed conflict; women's fundamental right to manifest their religion; their right to be free from slavery and sex trafficking; the rights of women with disabilities; and the right of women to be free from institutionalized female infanticide, sex selection abortion, child soldiering, sexual violence and torture. The Appendix contains the major international human rights treaties protecting women and children. This book is a useful and convenient book for courses in international human rights, women and the law, and women's international human rights. "Tiefenbrun (Thomas Jefferson School of Law) successfully guides readers through the volume and presents a very complex subject in a clear manner. This important work argues that the human rights needs of women are not and should not be assumed to be identical to those of men. The author not only provides evidence but also places it in theoretical frameworks, such as feminist theory. Case study comparisons of laws in different countries meld the facts and theories and act as helpful examples. ...This book is an especially useful introduction to the limits of current international and domestic human rights laws for the protection of women." -- CHOICE Magazine, L. E. Lyons, Northwestern University

Human Rights and Comparative Politics

Youcef Bouandel
Human Rights and Comparative Politics Book PDF

Author : Youcef Bouandel
Publisher : Dartmouth Publishing Company
Page : 260 pages
File Size : 43,6 Mb
Release : 1997
Category : Political Science
ISBN : 1855218747

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Human Rights and Comparative Politics by Youcef Bouandel Pdf

Human rights is a central concept in political science, yet it is still poorly understood. This book reviews the literature on human rights and takes into account the different perceptions, asking if human rights can be measured and whether countries can be ranked on the basis of their performance.

Human Rights in Asia

Randall Peerenboom,Carole J. Petersen,Albert H.Y. Chen
Human Rights in Asia Book PDF

Author : Randall Peerenboom,Carole J. Petersen,Albert H.Y. Chen
Publisher : Routledge
Page : 649 pages
File Size : 53,5 Mb
Release : 2006-09-27
Category : History
ISBN : 9781134238804

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Human Rights in Asia by Randall Peerenboom,Carole J. Petersen,Albert H.Y. Chen Pdf

Human Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.

Human Rights and Judicial Review: A Comparative Perspective

David M. Beatty
Human Rights and Judicial Review A Comparative Perspective Book PDF

Author : David M. Beatty
Publisher : BRILL
Page : 374 pages
File Size : 42,7 Mb
Release : 2021-09-27
Category : Law
ISBN : 9789004479401

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Human Rights and Judicial Review: A Comparative Perspective by David M. Beatty Pdf

Human Rights and Judicial Review: A Comparative Perspective collects, in one volume, a basic description of the most important principles and methods of analysis followed by the major Courts enforcing constitutional Bills of Rights around the world. The Courts include the Supreme Courts of Japan, India, Canada and the United States, the Constitutional Courts of Germany and Italy and the European Court of Human Rights. Each chapter is devoted to an analysis of the substantive jurisprudence developed by these Courts to determine whether a challenged law is constitutional or not, and is written by members of these Courts who have had a prior academic career. The book highlights the similarities and differences in the analytical methods used by these courts in determining whether or not someone's constitutional rights have been violated. Students and scholars of constitutional law and human rights, judges and advocates engaged in constitutional litigation will find the book a unique and valuable resource.

Human Rights, Power and Civic Action

Bård A. Andreassen,Gordon Crawford
Human Rights Power and Civic Action Book PDF

Author : Bård A. Andreassen,Gordon Crawford
Publisher : Routledge
Page : 276 pages
File Size : 47,9 Mb
Release : 2013-07-18
Category : Political Science
ISBN : 9781134121106

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Human Rights, Power and Civic Action by Bård A. Andreassen,Gordon Crawford Pdf

Human Rights, Power and Civic Action examines the interrelationship between struggles for human rights and the dynamics of power, focusing on situations of poverty and oppression in developing countries. It is argued that the concept of power is a relatively neglected one in the study of rights-based approaches to development, especially the ways in which structures and relations of power can limit human rights advocacy. Therefore this book focuses on how local and national struggles for rights have been constrained by power relations and structural inequalities, as well as the extent to which civic action has been able to challenge, alter or transform such power structures, and simultaneously to enhance protection of people’s basic human rights. Contributors examine and compare struggles to advance human rights by non-governmental actors in Cambodia, China, Ghana, Kenya, South Africa and Zimbabwe. The country case-studies analyse structures of power responsible for the negation and denial of human rights, as well as how rights-promoting organisations challenge such structures. Utilising a comparative approach, the book provides empirically grounded studies leading to new theoretical understanding of the interrelationships between human rights struggles, power and poverty reduction. Human Rights, Power and Civic Action will be of interest to students and scholars of human rights politics, power, development, and governance.

Human Rights Education and Peacebuilding

Tracey Holland,J. Paul Martin
Human Rights Education and Peacebuilding Book PDF

Author : Tracey Holland,J. Paul Martin
Publisher : Routledge
Page : 177 pages
File Size : 55,9 Mb
Release : 2014-04-24
Category : Education
ISBN : 9781135968014

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Human Rights Education and Peacebuilding by Tracey Holland,J. Paul Martin Pdf

This book assesses the role of human rights education (HRE) in the peacebuilding field. Today, most governments, international organisations and non-governmental organisations recognise the importance of human rights in peace- and democracy-building activities in post-conflict regions. However, compared with other components of peacebuilding, little attention and funding have been given to the cultivation of human rights knowledge and skills within these populations. Almost nothing has been committed to understanding how HRE is best accomplished in such difficult circumstances. Human Rights Education and Peacebuilding demonstrates the promise of HRE programs to help bring about peace within challenging post-conflict contexts. Each chapter of this book (a) identifies the short and medium term impacts of seven different HRE programs on their respective target groups, and (b) provides an analysis of the peculiar local contextual factors that influenced each program’s rationale for human rights education. More specifically, each chapter addresses these critical questions: - How are communities around the world using HRE to help rebuild their lives in the aftermath of an armed conflict? - How does HRE respond local problems and needs? How similar are the human rights impacts in the different projects? - How can we understand the promise and challenges associated with HRE as a component of community peace-building? This book will be of much interest to students of peacebuilding, conflict resolution, human rights, education studies and IR in general.

International Human Rights Law Beyond State Territorial Control

Antal Berkes
International Human Rights Law Beyond State Territorial Control Book PDF

Author : Antal Berkes
Publisher : Cambridge University Press
Page : 389 pages
File Size : 40,7 Mb
Release : 2021-06-17
Category : Law
ISBN : 9781108840620

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International Human Rights Law Beyond State Territorial Control by Antal Berkes Pdf

An analysis of international human rights law's applicability and effectiveness in geographic areas where the State has lost territorial control.

Global Pandemic, Security and Human Rights

Ben Stanford,Steve Foster,Carlos Espaliu Berdud
Global Pandemic Security and Human Rights Book PDF

Author : Ben Stanford,Steve Foster,Carlos Espaliu Berdud
Publisher : Routledge
Page : 220 pages
File Size : 40,5 Mb
Release : 2021-12-29
Category : Law
ISBN : 9781000515121

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Global Pandemic, Security and Human Rights by Ben Stanford,Steve Foster,Carlos Espaliu Berdud Pdf

This book presents an international and comparative exploration of how the COVID-19 global pandemic has affected and impacted on issues of human rights, security, and law. Throughout the world, the COVID-19 global pandemic has fundamentally impacted and altered our way of life. As this book sets out, all states have had to contend with similar challenges as well as competing interests and obligations affecting human rights and security. These challenges present very few simple choices but nonetheless carry enormous consequences. Organised into two thematic and distinct yet interrelated parts, first on theoretical and practical challenges for human rights and second on threats to personal, collective, and global security, the book examines how the ability of states to safeguard our fundamental rights and security, broadly defined, has been challenged. Questions about the legality and legal impact of recent responses to COVID-19 will persist for some time. It is often said that global problems require coordinated global solutions, but the various responses to the pandemic by states suggest a notable lack of a consensus amongst the international community. The book will be of interest to academics and researchers working in the areas of human rights law and security law. It will also appeal to constitutional lawyers, given the nature of law-making and the challenge of ensuring adequate scrutiny in emergency situations as well as the impact of COVID-19 upon the legal framework more generally. It will provide a valuable resource for policymakers, practitioners, and public servants.

Human Rights and Comparative Foreign Policy

David P. Forsythe
Human Rights and Comparative Foreign Policy Book PDF

Author : David P. Forsythe
Publisher : Manas Publications
Page : 384 pages
File Size : 47,6 Mb
Release : 2006-09-30
Category : Political Science
ISBN : 8170492955

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Human Rights and Comparative Foreign Policy by David P. Forsythe Pdf

Human Rights And Comparative Foreign Policy Is The First Book In English To Examine The Place Of Human Rights In The Foreign Policies Of A Wide Range Of States During Contemporary Times. The Book Is Also Unique In Utilizing A Common Framework Of Analysis For All 10 Of The Country Or Regional Studies Covered. This Framework Treats Foreign Policy As The Result Of A Two -Level Game In Which Both Domestic And Foreign Factors Have To Be Considered. Leading Experts From Around The World Analyze Both Liberal Democratic And Other Foreign Policies On Human Rights. A General Introduction And A Systematic Conclusion Add To The Coherence Of The Project. The Authors Note The Increasing Attention Given To Human Rights Issues In Contemporary Foreign Policy. At The Same Time, They Argue That Most States, Including Liberal Democratic States That Identify With Human Rights, Are Reluctant Most Of The Time To Elevate Human Rights Concerns To A Level Equal To That Of Traditional Security And Economic Concerns. When States Do Seek To Integrate Human Rights With These And Other Concerns, The Result Is Usually Great Inconsistency In Patterns Of Foreign Policy. The Book Further Argues That Different States Bring Different Emphases To Their Human Rights Diplomacy, Because Of Such Factors As National Political Culture And Perceived National Interests. In The Last Analysis States Can Be Compared Along Two Dimensions Pertaining To Human Rights: Extent To Which They Are Oriented Toward An International Rather Than National Conception Of Rights; And Extent To Which They Are Oriented Toward International Rather Than National Action To Protect Human Rights.

Domestic Politics and International Human Rights Tribunals

Courtney Hillebrecht
Domestic Politics and International Human Rights Tribunals Book PDF

Author : Courtney Hillebrecht
Publisher : Cambridge University Press
Page : 207 pages
File Size : 41,9 Mb
Release : 2014-02-10
Category : Law
ISBN : 9781107040229

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Domestic Politics and International Human Rights Tribunals by Courtney Hillebrecht Pdf

International politics has become increasingly legalized over the past fifty years, restructuring the way states interact with each other, international institutions, and their own constituents. The international legalization of human rights now makes it possible for individuals to take human rights claims against their governments at international courts such as the European and Inter-American Courts of Human Rights. This book brings together theories from international law, human rights and international relations to explain the increasingly important phenomenon of states' compliance with human rights tribunals' rulings. It argues that this is an inherently domestic affair. It posits three overarching questions: why do states comply with human rights tribunals' rulings? How does the compliance process unfold and what are the domestic political considerations around compliance? What effect does compliance have on the protection of human rights? The book answers these through a combination of quantitative analyses and in-depth case studies from Argentina, Brazil, Colombia, Italy, Portugal, Russia and the United Kingdom.