The Realisation Of Human Rights

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The Realisation of Human Rights

Author : Yves Haeck,Brianne McGonigle Leyh,Clara Burbano Herrera,Diana Contreras-Garduño
Publisher : Unknown
Page : 0 pages
File Size : 54,6 Mb
Release : 2013
Category : Festschriften
ISBN : 1780682166

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The Realisation of Human Rights by Yves Haeck,Brianne McGonigle Leyh,Clara Burbano Herrera,Diana Contreras-Garduño Pdf

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).

Social Institutions and International Human Rights Law

Author : Julie Fraser
Publisher : Cambridge University Press
Page : 339 pages
File Size : 41,5 Mb
Release : 2020-08-06
Category : Law
ISBN : 9781108489577

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Social Institutions and International Human Rights Law by Julie Fraser Pdf

Critiquing the State-centric and legalistic approach to implementing human rights, this book illustrates the efficacy of relying upon social institutions.

Political Economy of Human Rights

Author : Bas de Gaay Fortman
Publisher : Unknown
Page : 0 pages
File Size : 48,9 Mb
Release : 2012-07
Category : Electronic books
ISBN : 0415644488

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Political Economy of Human Rights by Bas de Gaay Fortman Pdf

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.

Intersectionality and Human Rights Law

Author : Shreya Atrey,Peter Dunne
Publisher : Bloomsbury Publishing
Page : 259 pages
File Size : 55,7 Mb
Release : 2020-12-10
Category : Political Science
ISBN : 9781509935307

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Intersectionality and Human Rights Law by Shreya Atrey,Peter Dunne Pdf

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.

Realizing the Right to Development

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : Unknown
Page : 584 pages
File Size : 50,8 Mb
Release : 2013
Category : Political Science
ISBN : MINN:31951D03532960M

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Realizing the Right to Development by United Nations. Office of the High Commissioner for Human Rights Pdf

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.

International Human Rights Law and Destitution

Author : Luke D. Graham
Publisher : Taylor & Francis
Page : 118 pages
File Size : 53,5 Mb
Release : 2022-08-18
Category : Law
ISBN : 9781000632545

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International Human Rights Law and Destitution by Luke D. Graham Pdf

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.

The Universal Declaration of Human Rights in the 21st Century

Author : Gordon Brown
Publisher : Open Book Publishers
Page : 146 pages
File Size : 55,7 Mb
Release : 2016-04-18
Category : Political Science
ISBN : 9781783742219

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The Universal Declaration of Human Rights in the 21st Century by Gordon Brown Pdf

The Global Citizenship Commission was convened, under the leadership of former British Prime Minister Gordon Brown and the auspices of NYU’s Global Institute for Advanced Study, to re-examine the spirit and stirring words of The Universal Declaration of Human Rights. The result – this volume – offers a 21st-century commentary on the original document, furthering the work of human rights and illuminating the ideal of global citizenship. What does it mean for each of us to be members of a global community? Since 1948, the Declaration has stood as a beacon and a standard for a better world. Yet the work of making its ideals real is far from over. Hideous and systemic human rights abuses continue to be perpetrated at an alarming rate around the world. Too many people, particularly those in power, are hostile to human rights or indifferent to their claims. Meanwhile, our global interdependence deepens. Bringing together world leaders and thinkers in the fields of politics, ethics, and philosophy, the Commission set out to develop a common understanding of the meaning of global citizenship – one that arises from basic human rights and empowers every individual in the world. This landmark report affirms the Universal Declaration of Human Rights and seeks to renew the 1948 enterprise, and the very ideal of the human family, for our day and generation.

Implementation of International Human Rights Commitments and the Impact on Ongoing Legal Reforms in Ethiopia

Author : Wolfgang Benedek,Tadesse Kassa Woldetsadik,Tesfaye Abate Abebe
Publisher : International Studies in Human
Page : 360 pages
File Size : 40,9 Mb
Release : 2020
Category : Law
ISBN : 9004415947

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Implementation of International Human Rights Commitments and the Impact on Ongoing Legal Reforms in Ethiopia by Wolfgang Benedek,Tadesse Kassa Woldetsadik,Tesfaye Abate Abebe Pdf

This edited volume on Implementation of International Human Rights Commitments and Implications on Ongoing Legal Reforms in Ethiopiaaddresses key themes of contemporary interest focused on identifying the gaps between Ethiopia's human rights commitments and the practical problems associated with the realisation of human rights goals. Political and legal challenges affecting implementation at the domestic levels continue in Ethiopian - the nature and complexity of which have been thoroughly expounded in this volume. This edition uncovers the key challenges involving civil and political rights, socio-economic rights and cultural and institutional dimensions of the implementation of human rights in Ethiopia - while the country is absorbed in legal and political reforms.

Natural Resources and Human Rights

Author : Jérémie Gilbert
Publisher : Oxford University Press, USA
Page : 225 pages
File Size : 40,5 Mb
Release : 2018-10-22
Category : Law
ISBN : 9780198795667

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Natural Resources and Human Rights by Jérémie Gilbert Pdf

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.

Dignity and Human Rights

Author : Adalid Contreras Baspineiro,Berma Klein Goldewijk,Paulo César Carbonari
Publisher : Intersentia nv
Page : 351 pages
File Size : 49,7 Mb
Release : 2002
Category : Dignity
ISBN : 9789050952194

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Dignity and Human Rights by Adalid Contreras Baspineiro,Berma Klein Goldewijk,Paulo César Carbonari Pdf

SECTION I: INTRODUCTION AND CONTEXT

Routledge Handbook of Human Rights in Asia

Author : Fernand de Varennes,Christie M. Gardiner
Publisher : Routledge
Page : 362 pages
File Size : 53,5 Mb
Release : 2018-12-12
Category : Law
ISBN : 9781317518198

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Routledge Handbook of Human Rights in Asia by Fernand de Varennes,Christie M. Gardiner Pdf

The Routledge Handbook of Human Rights in Asia provides a rich study of human rights challenges facing some of the most vulnerable people in Asia. While formal accession to core international human rights instruments is commonplace across the region, the realisation of human rights for many remains elusive as development pressure, violent conflict, limited political will and discrimination maintain human rights volatility. This Handbook explores the underlying causes of human rights abuse in a range of contexts, considers lessons learnt from global, regional and domestic initiatives and provides recommendations and justifications for reform. Comprising 23 chapters, it examines the strengths and weaknesses of human rights institutions in Asia and covers issues such as: Participation, marginalisation, detention and exclusion Private sector responsibility and security Conflict and post-conflict rehabilitation Trafficking, displacement and citizenship Ageing populations, identity and sexuality. Drawing together a remarkable collection of leading and emerging scholars, advisers and practitioners, this Handbook is essential reading for students, scholars, policy makers and advocates of human rights in Asia and the world.

Disability Human Rights Law 2018

Author : Anna Arstein-Kerslake (Ed.)
Publisher : MDPI
Page : 241 pages
File Size : 49,9 Mb
Release : 2018-11-14
Category : Electronic books
ISBN : 9783038972501

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Disability Human Rights Law 2018 by Anna Arstein-Kerslake (Ed.) Pdf

This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws

Human Rights and Good Governance

Author : Hans-Otto Sano,Gudmundur Alfredsson,Robin Clapp
Publisher : BRILL
Page : 272 pages
File Size : 42,5 Mb
Release : 2021-08-04
Category : Law
ISBN : 9789004479357

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Human Rights and Good Governance by Hans-Otto Sano,Gudmundur Alfredsson,Robin Clapp Pdf

This volume, the result of an ongoing Nordic research project undertaken under the auspices of the Danish Centre for Human Rights in Copenhagen and the Raoul Wallenberg Institute for Human Rights and Humanitarian Law in Lund, examines the relationship and possible interaction between good governance and human rights. The contributors consist of academics and professionals with backgrounds in development studies, economics, law, political science, and sociology. Together they demonstrate the need for interdisciplinary dialogue and clarification of concepts, contents, and processes of realisation. While good governance is mainly pursued in a development context, it is a central message of the book that good governance guidelines ought to have universal applicability, affecting international organisations and public and private actors in Northern as well as Southern countries. Yet an established consensus does not exist on how good governance and human rights can or should complement each other. The book therefore assesses the advantages of using existing links and identifies ways of building new bridges for mutual support between governance and human rights. The authors examine their topics on the basis of theory, best practices, law, the experiences of societies undergoing democratic transition, and other empirical evidence, without attempting to come up with a common definition of good governance. The plurality of interpretations will hopefully further strengthen good governance and human rights as integral elements of a global agenda.

International Human Rights Monitoring Mechanisms

Author : Gudmundur Alfredsson,Jonas Grimheden,Bertrand G. Ramcharan,Alfred Zayas
Publisher : BRILL
Page : 744 pages
File Size : 55,8 Mb
Release : 2009-08-18
Category : Political Science
ISBN : 9789004180710

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International Human Rights Monitoring Mechanisms by Gudmundur Alfredsson,Jonas Grimheden,Bertrand G. Ramcharan,Alfred Zayas Pdf

This revised and updated collection is intended to serve as a thematic textbook on the institutions and procedures devoted to the national implementation of human rights and to the international monitoring of State performance. Albeit not exhaustive, the coverage extends to most of the monitoring instances available at intergovernmental and non-governmental organizations: complaints, fact-finding and investigative procedures, State reporting obligations, good offices actions, dialogue functions, human rights education, dissemination of human rights information, letter campaigns, and technical co-operation. The target audience of the book is students of international human rights law, but the book can also serve as a guide for both officials and activists involved in the realization of human rights.The success of the first edition has allowed for this second edition. It demonstrates that there is a important demand for literature with a focus on human rights monitoring and follow-up activities.

Reflections on the Right To Development

Author : Arjun Sengupta,Archna Negi,Moushumi Basu
Publisher : SAGE
Page : 374 pages
File Size : 44,9 Mb
Release : 2005
Category : Business & Economics
ISBN : 0761933700

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Reflections on the Right To Development by Arjun Sengupta,Archna Negi,Moushumi Basu Pdf

The Right to Development (RTD) is a new and highly contested right. Its emergence is linked to the demand for a `new international economic order’ by developing countries. Composite in nature and integrating civil and political rights with economic, social and cultural rights, the RTD approach underscores participation, a fair sharing of benefits, transparency and non-discrimination. The present volume explores the theoretical and practical aspects of RTD as an alternative to existing approaches to development. It brings together the reflections and insights of some of the finest scholars on the specific aspects of RTD.