International Human Rights Law
Námskeið LÖG111F International Human Rights Law L-760 International Protection of Human Rights. - Höfundur: Javaid Rehman
8.690 kr.
Námskeið
- LÖG111F International Human Rights Law
- L-760 International Protection of Human Rights.
Ensk lýsing:
International human rights law is among the broadest, most-dynamic and controversial topics in legal study. In this book, Javaid Rehman offers a comprehensive and practical examination of the workings of human rights protection and presents a considered legal analysis of such sensitive issues as non-discrimination, rights of minorities, indigenous peoples, and the rights of women and children. He also explores areas such as enforced disappearances; torture; and terrorism – all highly topical and contentious issues which continue to dominate much of today’s social, political and legal debate.
Lýsing:
International human rights law is among the broadest, most-dynamic and controversial topics in legal study. In this book, Javaid Rehman offers a comprehensive and practical examination of the workings of human rights protection and presents a considered legal analysis of such sensitive issues as non-discrimination, rights of minorities, indigenous peoples, and the rights of women and children. He also explores areas such as enforced disappearances; torture; and terrorism all highly topical and contentious issues which continue to dominate much of todays social, political and legal debate.
Annað
- Höfundur: Javaid Rehman
- Útgáfa:2
- Útgáfudagur: 2015-03-13
- Blaðsíður: 1016
- Hægt að prenta út 2 bls.
- Hægt að afrita 2 bls.
- Format:Page Fidelity
- ISBN 13: 9781292069388
- Print ISBN: 9781405811811
- ISBN 10: 1292069384
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
- 1 Introduction
- 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
- 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
- (i) Admissibility requirements under the Optional Protocol
- 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
- 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
- (i) The right to life and the prohibition of torture or inhuman ordegrading treatment or punishment
- 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
- 1. Introduction
- 2. European Social Charter 1961 (revised 1996)
- (i) Rights contained in the revised Charter
- (ii) Implementation mechanism
- (a) Collective complaints procedure
- (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
- (i) Human rights involvement through visits
- (ii) High Commissioner for National Minorities
- (a) The Office for Democratic Instituitions and Human Rights (ODIHR)
- 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
- 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
- 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
- (i) Arab Charter of Human Rights
- (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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- 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
- (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)
- 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
- 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
- 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
- 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
- (i) International efforts to formulate legal principles prohibiting all forms of terrorism
- (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
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