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Regional Protection of Human Rights

Author : Dinah Shelton

Publisher :

Page : 1116 pages

File Size : 44,60 MB

Release : 2013-05-30

Category : Law

ISBN : 0199941521

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Book Description

What role do human rights play in the development of regional organizations? What human rights obligations do states assume upon joining regional bodies? Regional Protection of Human Rights, Second Edition is the first text of its kind devoted to the European, Inter-American and African systems for the protection of human rights. It illustrates how international human rights law is interpreted and implemented across international organizations and offers examples of political, economic, social problems and legal issues to emphasize the significant impact of international human rights law institutions on the constitutions, law, policies, and societies of different regions. Regional Protection of Human Rights provides readers with access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. The jurisprudence of the European and Inter-American Courts and decisions of the Inter-American and African Commissions are emphasized, including decisions on the interpretation and application of various human rights, procedural requirements and remedies. Prospects for regional systems in the Middle East and Asia are also discussed. The relevant basic texts are reproduced in a documentary supplement. Together, Regional Protection of Human Rights and its accompanying Documentary Supplement provide comprehensive access to the basic documents of each legal system and their inter-relationships, enabling readers to apply those documents to ever-changing global situations, and alerting them to the dynamic nature of regional human rights law and institutions. In addition to serving as a text for courses on human rights law, the book will be useful for courses in international law, international relations, and political science. It is also be a helpful resource for lawyers and policy-makers concerned with the protection of human rights.



International Human Rights Protection

Author : Marc Bossuyt

Publisher : Intersentia

Page : 0 pages

File Size : 45,22 MB

Release : 2016

Category : Human rights

ISBN : 9781780684000

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Book Description

International Human Rights Protection is addressed to judges and lawyers, diplomats and civil servants, researchers and students. It is based on the author's personal research and personal involvement with a wide range of subjects, such as: the basic concepts of civil and social rights; discrimination and affirmative action; issues of procedure and jurisdiction; the death penalty; and issues such as the protection of refugees, minorities and victims of armed conflicts. At the universal level, the book introduces the reader to the labyrinth of United Nations Charter-based and treaty-based procedures. As well as an overview of the Inter-American and African systems, it deals at the regional level-particularly with the case law of the European Court of Human Rights in Strasbourg, and also looks at the national level at the case law of the US Supreme Court and the South African Constitutional Court. This book adopts a particularly critical approach to the so-called "dynamic" interpretation of the European Convention on Human Rights by the Court of Strasbourg. It is the author's feeling that judges, in particular those belonging to courts specialising in human rights, have a tendency to systematically support interpretations benefitting the applicants, while overlooking too easily the far-reaching implications of judgments for society as a whole. The author, instead, puts forward a more balanced and more realistic approach which takes into account the difficulties democratic governments face in coping with the challenges of our present time and with the pressing needs of the realities of today's world. Subject: International Law, Human Rights Law]



The African Regional Human Rights System

Author : Manisuli Ssenyonjo

Publisher : Martinus Nijhoff Publishers

Page : 629 pages

File Size : 32,97 MB

Release : 2011-12-23

Category : Law

ISBN : 9004218149

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Book Description

The African human rights system has undergone some remarkable developments since the adoption of the African Charter on Human and Peoples Rights, the cornerstone of the African human rights system, in June 1981. The year2011 marked the 30th anniversary of the adoption of the African Charter. It also marked 25 years since the African Charter entered into force on 21 October 1986.This book aims to provide reflections on most of the major human rights issues in the past 30 years of the African human rights system in practice and discussion on the future: the African Charter s impact and contribution to the respect, protection and promotion of human rights in Africa; the contemporary challenges faced by the African Human rights system in responding adequately to the demands of rapidly evolving African societies; and how the African human rights system can be strengthened in the future to ensure that the human rights protected in the African Charter, as developed in the jurisprudence of the African Commission since the Commission was inaugurated in 1987, are realised in practice.The chapters in this volume bring together the work of 20 human rights scholars and practitioners, with expertise in human rights in Africa, under the following general themes: rights and duties in the African Charter; rights of the vulnerable under the African system; implementation mechanisms for human rights in Africa; and towards an effective African regional human rights system.



Regional Human Rights Systems

Author : Christina M. Cerna

Publisher : Routledge

Page : 617 pages

File Size : 42,65 MB

Release : 2016-12-05

Category : Political Science

ISBN : 1351905538

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Book Description

Over the past sixty years the regional human rights systems have surpassed the UN human rights bodies in affording protection to the victims of human rights violations. Most of these systems have courts that are empowered to issue legally binding judgments and reparations for violations of human rights, which states have been unwilling to accord the UN system. The essays selected for this volume examine the structure and functioning of the principal regional human rights systems in the world today: 1) the Inter-American Commission and Court of Human Rights, 2) the European Court of Human Rights, 3) the African Commission and Court of Human and Peoples’ Rights and 4) the ASEAN Intergovernmental Human Rights Commission. These systems guarantee primarily civil and political rights. Central to all four systems is the necessity of a democratic form of government to guarantee these rights, although not all governments, parties to these regional treaties, are democracies. These articles trace the history of these systems, in particular, the expansion of their membership to include almost all independent countries in the region, and their evolution towards recognition of a 'right to democracy'.



The Regional Law of Refugee Protection in Africa

Author : Marina Sharpe

Publisher : Oxford University Press

Page : 305 pages

File Size : 34,93 MB

Release : 2018-07-19

Category : Law

ISBN : 0192560670

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Book Description

This book analyses the legal framework for refugee protection in Africa, including both refugee and human rights law as well as treaty and institutional elements. The regime is addressed in two parts. Part One analyses the relevant treaties: the 1951 Convention relating to the Status of Refugees, the 1969 Organization of African Unity Convention Governing the Specific Aspects of Refugee Problems in Africa and the 1981 African Charter on Human and Peoples Rights. The latter two regional instruments are examined in depth. This includes the first fulsome account of the African Refugee Conventions drafting, an interpretation of its unique refugee definition and original analysis of the relationships between the three treaties. Significant attention is devoted to the systemic relationship between the international and the regional refugee treaties and to the discrete relationships of conflict and complementary relationships between the two refugee instruments, as well as to the relationships between the African Refugee Convention and African Charter. Part Two focuses on the institutional architecture supporting the treaty framework. The Organization of African Unity is addressed in a historical sense, and the contemporary roles of the African Union, the African Commission on Human and Peoples Rights and the current and contemplated African human rights courts are examined. This book is the first devoted to the legal framework for refugee protection in Africa.



Consensus-Based Interpretation of Regional Human Rights Treaties

Author : Francisco Pascual-Vives

Publisher : BRILL

Page : 308 pages

File Size : 16,26 MB

Release : 2019-07-22

Category : Law

ISBN : 9004375511

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Book Description

In Consensus-Based Interpretation of Regional Human Rights Treaties Francisco Pascual-Vives examines the central role played by the notion of consensus in the case law of the European and Inter-American Courts of Human Rights. As many other international courts and tribunals do, both regional human rights courts resort to this concept while undertaking an evolutive interpretation of the Rome Convention and the Pact of San José, respectively. The role exerted by the notion of consensus in this framework can be used not only to understand the evolving character of the rights and freedoms recognized by these international treaties, but also to reaffirm the international nature of these regional human rights courts.





The Cambridge Companion to Human Rights Law

Author : Conor Gearty

Publisher : Cambridge University Press

Page : 373 pages

File Size : 34,28 MB

Release : 2012-11-22

Category : Law

ISBN : 110701624X

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Book Description

Captures the essence of the multi-layered subject of human rights law in a way that is authoritative, critical and scholarly.



The Inter-American System of Human Rights

Author : David John Harris

Publisher : Oxford University Press on Demand

Page : 588 pages

File Size : 21,76 MB

Release : 1998

Category : Political Science

ISBN : 9780198265528

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Book Description

This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of the guarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out at length and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.



Emerging Regional Human Rights Systems in Asia

Author : Tae-Ung Baik

Publisher : Cambridge University Press

Page : 347 pages

File Size : 44,78 MB

Release : 2012-11

Category : Law

ISBN : 1107015340

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Book Description

Analyses the emerging human rights norms, regional institutions and enforcement mechanisms in Asia.