Human Rights As Indivisible Rights

Author : Daniel J. Whelan
Publisher : University of Pennsylvania Press
Page : 281 pages
File Size : 40,9 Mb
Release : 2011-06-06
Category : Political Science
ISBN : 9780812205404

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Indivisible Human Rights by Daniel J. Whelan Pdf

Human rights activists frequently claim that human rights are indivisible, and the United Nations has declared the indivisibility, interdependency, and interrelatedness of these rights to be beyond dispute. Yet in practice a significant divide remains between the two grand categories of human rights: civil and political rights, on the one hand, and economic, social, and cultural rights on the other. To date, few scholars have critically examined how the notion of indivisibility has shaped the complex relationship between these two sets of rights. In Indivisible Human Rights, Daniel J. Whelan offers a carefully crafted account of the rhetoric of indivisibility. Whelan traces the political and historical development of the concept, which originated in the contentious debates surrounding the translation of the Universal Declaration of Human Rights into binding treaty law as two separate Covenants on Human Rights. In the 1960s and 1970s, Whelan demonstrates, postcolonial states employed a revisionist rhetoric of indivisibility to elevate economic and social rights over civil and political rights, eventually resulting in the declaration of a right to development. By the 1990s, the rhetoric of indivisibility had shifted to emphasize restoration of the fundamental unity of human rights and reaffirm the obligation of states to uphold both major human rights categories—thus opening the door to charges of violations resulting from underdevelopment and poverty. As Indivisible Human Rights illustrates, the rhetoric of indivisibility has frequently been used to further political ends that have little to do with promoting the rights of the individual. Drawing on scores of original documents, many of them long forgotten, Whelan lets the players in this drama speak for themselves, revealing the conflicts and compromises behind a half century of human rights discourse. Indivisible Human Rights will be welcomed by scholars and practitioners seeking a deeper understanding of the complexities surrounding the realization of human rights.

Author : Ida Elisabeth Koch
Publisher : Martinus Nijhoff Publishers
Page : 362 pages
File Size : 47,6 Mb
Release : 2009
Category : Political Science
ISBN : 9789004160514

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Human Rights As Indivisible Rights by Ida Elisabeth Koch Pdf

The book analyses the legal nation of human rights as indivisible, interrelated and interdependent rights by analysing case law from the European Court of Human Rights. The book concludes that the nation of human rights as indivisible right as a legal content and that aspects of several socio-economic rights are in fact protected by the Convention.

Author : Joyce Audry Green
Publisher : Unknown
Page : 247 pages
File Size : 46,5 Mb
Release : 2014
Category : Law
ISBN : 1552666832

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Indivisible by Joyce Audry Green Pdf

Drawing on a wealth of experience and blending critical theoretical frameworks and a close knowledge of domestic and international law on human rights, the authors in this collection show that settler states such as Canada persist in violating and failing to acknowledge Indigenous human rights.

Author : Ida Koch
Publisher : BRILL
Page : 361 pages
File Size : 53,8 Mb
Release : 2009-09-28
Category : Law
ISBN : 9789004180680

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Human Rights as Indivisible Rights by Ida Koch Pdf

The book analyses the legal nation of human rights as indivisible, interrelated and interdependent rights by analysing case law from the European Court of Human Rights. The book concludes that the nation of human rights as indivisible right as a legal content and that aspects of several socio-economic rights are in fact protected by the Convention.

Author : Léo Heller
Publisher : Cambridge University Press
Page : 453 pages
File Size : 53,7 Mb
Release : 2022-05-12
Category : Business & Economics
ISBN : 9781108837248

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The Human Rights to Water and Sanitation by Léo Heller Pdf

A comprehensive overview of the human rights to water and sanitation, exploring theoretical, conceptual, and practical aspects.

Author : Human Rights Watch (Organization)
Publisher : Human Rights Watch
Page : 84 pages
File Size : 42,9 Mb
Release : 1992
Category : Basic needs
ISBN : 1564320847

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Indivisible Human Rights by Human Rights Watch (Organization) Pdf

Author : Jim Ife
Publisher : Cambridge University Press
Page : 264 pages
File Size : 50,7 Mb
Release : 2009-11-12
Category : Political Science
ISBN : 9781139482370

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Human Rights from Below by Jim Ife Pdf

In Human Rights from Below, Jim Ife shows how human rights and community development are problematic terms but powerful ideals, and that each is essential for understanding and practising the other. Ife contests that practitioners - advocates, activists, workers and volunteers - can better empower and protect communities when human rights are treated as more than just a specialist branch of law or international relations, and that human rights can be better realised when community development principles are applied. The book offers a long overdue assessment of how human rights and community development are invariably interconnected. It highlights how critical it is to understand the two as a basis for thinking about and taking action to address the serious challenges facing the world in the twenty-first century. Written both for students and for community development and human rights workers, Human Rights from Below brings together the important fields of human rights and community development, to enrich our thinking of both.

Author : Emilie M. Hafner-Burton
Publisher : Princeton University Press
Page : 296 pages
File Size : 49,6 Mb
Release : 2013-03-21
Category : Law
ISBN : 9781400846283

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Making Human Rights a Reality by Emilie M. Hafner-Burton Pdf

In the last six decades, one of the most striking developments in international law is the emergence of a massive body of legal norms and procedures aimed at protecting human rights. In many countries, though, there is little relationship between international law and the actual protection of human rights on the ground. Making Human Rights a Reality takes a fresh look at why it's been so hard for international law to have much impact in parts of the world where human rights are most at risk. Emilie Hafner-Burton argues that more progress is possible if human rights promoters work strategically with the group of states that have dedicated resources to human rights protection. These human rights "stewards" can focus their resources on places where the tangible benefits to human rights are greatest. Success will require setting priorities as well as engaging local stakeholders such as nongovernmental organizations and national human rights institutions. To date, promoters of international human rights law have relied too heavily on setting universal goals and procedures and not enough on assessing what actually works and setting priorities. Hafner-Burton illustrates how, with a different strategy, human rights stewards can make international law more effective and also safeguard human rights for more of the world population.

Author : Eibe Riedel,Gilles Giacca,Christophe Golay
Publisher : OUP Oxford
Page : 650 pages
File Size : 54,5 Mb
Release : 2014-03-13
Category : Law
ISBN : 9780191509582

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Economic, Social, and Cultural Rights in International Law by Eibe Riedel,Gilles Giacca,Christophe Golay Pdf

Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.

Author : Ingrid Leijten
Publisher : Cambridge University Press
Page : 355 pages
File Size : 49,5 Mb
Release : 2018-01-25
Category : Political Science
ISBN : 9781107198470

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Core Socio-Economic Rights and the European Court of Human Rights by Ingrid Leijten Pdf

Core Socio-Economic Rights and the European Court of Human Rights focuses on socio-economic rights in the context of the jurisprudence of the European Court of Human Rights (ECtHR) and, through review and exploration of core socio-economic protection and rights, offers suggestions for improving the ECtHR's reasoning in socio-economic cases.

Author : Jackie Hartley,Paul Joffe,Jennifer Preston
Publisher : UBC Press
Page : 288 pages
File Size : 41,5 Mb
Release : 2010-05-01
Category : Political Science
ISBN : 9781895830569

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Realizing the UN Declaration on the Rights of Indigenous Peoples by Jackie Hartley,Paul Joffe,Jennifer Preston Pdf

The contributors explain the provisions of the Declaration, and how it provides a framework for ensuring justice, dignity, and security for the world's Indigenous peoples, the development and adoption of the Declaration, and ways and means of implementing the Declaration within Canada and internationally. This book provides accessible information and guidance on the Declaration and how it might be used to advance human rights.

Author : Anonim
Publisher : Unknown
Page : 32 pages
File Size : 47,8 Mb
Release : 1978
Category : Civil rights
ISBN : OCLC:467193920

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The Universal Declaration of Human Rights by Anonim Pdf

Author : Knut Bourquain
Publisher : Martinus Nijhoff Publishers
Page : 269 pages
File Size : 50,5 Mb
Release : 2008
Category : Political Science
ISBN : 9789004169548

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Freshwater Access from a Human Rights Perspective by Knut Bourquain Pdf

Insufficient access to a basic water supply is not an unavoidable consequence of water scarcity. In fact, arid countries possess enough resources to fulfil the basic water needs of their populations and there are people in water rich countries suffering from water stress, too. Thus, insufficient freshwater access mainly can be seen as a problem of allocation and mismanagement. This book comprehensively analyses the appropriateness of a human rights-based approach in safeguarding basic water supplies and determines its legal basis in international law. Arriving at the conclusion that international water law does not adequately consider individual water needs, the study identifies applicable human rights and examines the concrete standard of protection they provide. In view of the deficits of current international water and human rights law, the study discusses concepts deemed to strengthen a human rights-based approach to freshwater access by considering both their formal legal appropriateness as well as their suitability in legal reality.

Author : Anja Mihr,Mark Gibney
Publisher : SAGE
Page : 1136 pages
File Size : 41,7 Mb
Release : 2014-07-21
Category : Political Science
ISBN : 9781473907195

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The SAGE Handbook of Human Rights by Anja Mihr,Mark Gibney Pdf

The SAGE Handbook of Human Rights will comprise a two volume set consisting of more than 50 original chapters that clarify and analyze human rights issues of both contemporary and future importance. The Handbook will take an inter-disciplinary approach, combining work in such traditional fields as law, political science and philosophy with such non-traditional subjects as climate change, demography, economics, geography, urban studies, mass communication, and business and marketing. In addition, one of the aspects of mainstreaming is the manner in which human rights has come to play a prominent role in popular culture, and there will be a section on human rights in art, film, music and literature. Not only will the Handbook provide a state of the art analysis of the discipline that addresses the history and development of human rights standards and its movements, mechanisms and institutions, but it will seek to go beyond this and produce a book that will help lead to prospective thinking.

Author : Filip Dorssemont,Klaus Lörcher,Isabelle Schömann
Publisher : Bloomsbury Publishing
Page : 482 pages
File Size : 55,5 Mb
Release : 2013-11-25
Category : Law
ISBN : 9781782252108

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The European Convention on Human Rights and the Employment Relation by Filip Dorssemont,Klaus Lörcher,Isabelle Schömann Pdf

The accession by the European Union to the European Convention on Human Rights (ECHR) has opened up new possibilities in terms of the constitutional recognition of fundamental rights in the EU. In the field of employment law it heralds a new procedure for workers and trade unions to challenge EU law against the background of the ECHR. In theoretical terms this means that EU law now goes beyond recognition of fundamental rights as mere general principles of EU law, making the ECHR the 'gold standard' for fundamental (social) rights. This publication of the Transnational Trade Union Rights Working Group focuses on the EU and the interplay between the Strasbourg case law and the case law of the Court of Justice of the European Union (CJEU), analysing the relevance of the ECHR for the protection of workers' rights and for the effective enjoyment of civil and political rights in the employment relation. Each chapter is written by a prominent European human rights expert and analyses the case law of the European Court of Human Rights (ECtHR), and also looks at the equivalent international labour standards within the Council of Europe (in particular the (Revised) European Social Charter), the International Labour Organization (ILO) (in particular the fundamental rights conventions) and the UN Covenants (in particular the International Covenant on Economic, Social and Cultural Rights) and the interpretation of these instruments by competent organs. The authors also analyse the ways in which the CJEU has acknowledged the respective ECHR articles as 'general principles' of EU law and asks whether the Lisbon Treaty will also warrant a reassessment of the way it has treated conflicts between these 'general principles' and the so-called 'fundamental freedoms'.