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Chapter

Cover Human Rights Law Directions

1. Human rights: the idea and the law  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter discusses the idea of human rights, as well as a range of political and constitutional issues to which they give rise. The general history of the international protection of human rights from which the UK system is derived is also introduced. The chapter furthermore presents examples of human rights abuses specific to the UK that are, to some extent, at the mild end of the full spectrum of human rights abuses found in other parts of Europe or in the rest of the world. The concept of human rights assumes that all reasonable human beings share the feeling that, in whatever they do, they need to accord proper respect to the dignity of all individual human beings. States and governments, in particular, must ensure that individual dignity is respected in their laws and practices.

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Cover Cassese's International Law

18. The Protection of Human Rights  

Paola Gaeta, Jorge E. Viñuales, and Salvatore Zappalà

This chapter surveys the process of emergence of human rights law in the post-1945 era, focusing on the major milestones, the 1948 Universal Declaration of Human Rights, the two 1966 International Covenants, and the establishment of several regional mechanisms in Europe, the Americas, and Africa. It emphasizes the tension between traditional international law and the development of human rights as a ground-breaking doctrine after the Second World War. In essence the human rights doctrines force States to give account of how they treat all individuals, including their nationals; this make States accountable for how they administer justice, run prisons, and so on. Potentially, it can subvert their domestic orders and requires them to adhere to minimum standards agreed at international level. As a further consequence, human rights doctrines have altered the traditional configuration of the international community as driven only by the interests of States.

Chapter

Cover International Human Rights Law

2. Justifications  

Samantha Besson

This chapter discusses the importance of justifying human rights, particularly in response to critics. It explains the following: why we need to justify human rights; what it means to justify human rights; what the different justifications for human rights may be; and what some of the implications of the justifications of human rights may be for other key issues in human rights theory.

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Cover International Human Rights Law

27. International Refugee Law  

Alice Edwards

This chapter examines the relationship between international refugee law and international human rights law. It first explains the purpose and scope of international refugee law. It then identifies the five fundamental elements of the Refugee Convention, and discusses other important parameters of international refugee law more broadly. The chapter then explores the relationship at the macro level. It analyses specific aspects of refugee law—namely, the definition of a refugee, the prohibition of refoulement, refugee rights, and the ending of refugee status and solutions—and how international human rights law informs them. Through this approach the chapter tackles several modern challenges such as rescue at sea, climate-related refoulement, and border closures of the Covid-19 pandemic.

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Cover International Human Rights Law

5. Special Character  

Frédéric Mégret

This chapter first introduces the relationship of international human rights law to public international law, which is crucial to understanding the ‘special character’ of international human rights obligations. It then introduces the basic idea of what it means for a legal obligation to be described as ‘special’ in nature in international law, and discusses several key consequences that can be said to flow from this character in terms of reservations, enforcement, and withdrawal.

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Cover International Human Rights Law

22. Sustainable development and human rights  

This chapter focuses on sustainable development, part of Agenda 2030 of the United Nations, and human rights. This agenda is now the focal point of technical assistance and development programmes around the world and, crucially, applies to all States, irrespective of their state of development. The UN Sustainable Development Goals overlap with, and complement, human rights. Indeed, the associated targets and indicators reflect many core human rights obligations already incumbent on States. Whilst the Sustainable Development Goals lack the force of law underpinning human rights treaties, there is little doubt that strengthening human rights in a State will support progress towards sustainable development.

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Cover International Human Rights Law

18. Group Rights  

Robert McCorquodale

This chapter discusses the definition, exercise, and limitations of certain group rights, including peoples with the right to self-determination, minorities, and indigenous peoples. The right to self-determination protects a group as a group entity with regard to their political participation, as well as their control over their economic, social, and cultural activity as a group. Rights of minorities can be seen as both an individual and a group right. Finally, the growing recognition of the rights of indigenous peoples is considered.

Book

Cover International Human Rights Law

Edited by Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, and David Harris

Written by leading experts in the field, International Human Rights Law explores the essentials of international human rights law, from foundational issues to substantive rights and systems of protection. It also addresses contemporary challenges, such as climate change and pandemics, ensuring students are aware of the current and future importance of these issues. A variety of perspectives bring this multifaceted and sometimes contentious subject to life, making the book the ideal companion for students and practitioners of human rights. Breadth and depth of coverage provide a thorough and complete guide for students of international human rights law. Each chapter is written by an expert in their respective field. The book includes useful features such as chapter summaries, suggestions for further reading, and questions for reflection to stimulate further thinking on the issues considered. New to this fourth edition are chapters on rights and obligations, climate change, and pandemics.

Book

Cover International Human Rights Law
International Human Rights Law provides a concise introduction for students new to the subject. Clearly written and broad in scope, this popular text gives a concise introduction to international human rights, including regional systems of protection and the key substantive rights. The author skilfully guides you through the complexities of the subject, making it accessible to those with little or no prior legal and/or international knowledge. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. The book continues to be relied upon by students worldwide as the first book to turn to for clear and accurate coverage. The book traces the unprecedented expansion in the internationally recognized rights of all people with acceptance of a human rights dimension to the quest for international peace and security following the formation of the United Nations in 1945. It examines the International Bill of Rights and the regional protection of human rights, and describes several human rights organizations including the Organization of American States and the African Union. The book discusses different types of rights, including the right to life, the right to liberty of person, and the right to an adequate standard of living, and also evaluates the monitoring, implementation, and enforcement of human rights laws.

Chapter

Cover International Law

16. International human rights and refugee law  

This chapter addresses international human rights and refugee law. In 1948, the General Assembly adopted the famed Universal Declaration of Human Rights (UDHR). Many of its provisions have influenced the adoption of major multilateral treaties, or have come to reflect customary international law, at times through influencing the drafting of State constitutions. The UDHR has also been referred to by international courts to give weight to, or to interpret, obligations contained in other treaties. Two overarching covenants were also adopted separately in 1966: the International Covenant on Civil and Political Rights (ICCPR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). In parallel with the emergence of human rights protection at the international level, several regional frameworks exist. The chapter then looks at the European, American, and African human rights conventions and accompanying institutions.

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Cover International Human Rights Law

9. Monitoring, implementing, and enforcing human rights  

This chapter examines the international system for monitoring the implementation of human rights within States. With a focus on the monitoring and enforcement mechanisms of the United Nations, the chapter covers the periodic State reports system, as well as both the inter-State and the individual complaints systems. Challenges with the systems are also considered. Furthermore, the chapter describes the role of rapporteurs and special investigations through commissions of inquiry and fact-finding missions, which are increasingly deployed by the UN. Other UN entities which contribute to the protection and promotion of rights and freedoms are also discussed.

Chapter

Cover Human Rights Law Directions

4. The Human Rights Act 1998 (1): rights and duties  

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, discussion points, and thinking points help readers to engage fully with each subject and check their understanding as they progress and knowledge can be tested by self-test questions and exam questions at the chapter end. This chapter traces the origins of the Human Rights Act, which came about due to a growing sense that UK law was failing to secure and keep pace with emerging international standards of human rights protection. It goes on thoroughly to explain, analyse, and illustrate the main terms of the Act. In particular the duty to interpret statutes for compatibility, if possible, with Convention rights; and the duty on ‘public authorities’ to act in ways which do not violate Convention rights. It considers the new constitutional settlement that the Act brings about and it discusses some of the controversies about its application that have arisen. The final section deals with possible reform.

Chapter

Cover Cases & Materials on International Law

6. International Human Rights Law  

Human rights are a matter of international law, as the rights of humans do not depend on an individual’s nationality and so the protection of these rights cannot be limited to the jurisdiction of any one State. This chapter introduces the principal ideas, issues and framework of international human rights law. It discusses human rights theories; human rights and the international community; international protection of human rights; regional human rights protections; limitations on the human rights treaty obligations of States; the right of self-determination; and the protection of human rights by non-State actors.

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Cover International Human Rights Law

26. International Criminal Law  

Robert Cryer

This chapter first discusses the overlaps between human rights and international criminal law, focusing on four international crimes: genocide, crimes against humanity, war crimes, and aggression. It then considers prosecutions and non-prosecutorial options, concluding with an analysis of the pros and cons of using international criminal law to protect human rights.

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Cover Concentrate Questions and Answers Human Rights and Civil Liberties

2. Nature and Enforcement of Human Rights and Civil Liberties  

The Concentrate Questions and Answers series offers the best preparation for tackling exam questions. Each book includes typical questions, diagram answer plans, caution advice, suggested answers, illustrative diagrams and flowcharts, and advice on gaining extra marks. Concentrate Q&A Human Rights & Civil Liberties offers expert advice on what to expect from your human rights and civil liberties exam, how best to prepare, and guidance on what examiners are really looking for. Written by experienced examiners, it provides: clear commentary with each question and answer; bullet point and diagram answer plans; tips to make your answer really stand out from the crowd; and further reading suggestions at the end of every chapter. The book should help you to: identify typical law exam questions; structure a first-class answer; avoid common mistakes; show the examiner what you know; all making your answer stand out from the crowd. This chapter covers the nature and enforcement of human rights, including their values and inherent restrictions and their protection at both domestic and international levels.

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Cover International Human Rights Law

15. Sexual Orientation and Gender Identity  

Michael O’Flaherty

This chapter examines the human rights protections afforded to sexual and gender minorities. It shows that the jurisprudence focuses on issues of non-discrimination and privacy, and that important human rights protections can also be derived from the range of other civil, political, economic, social, and cultural human rights of general application. The chapter examines a recent exercise in the clarification of the application of human rights law concerning issues of sexual orientation, gender identity, and sex characteristics: the Yogyakarta Principles.

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Cover International Human Rights Law

6. Scope of Application  

Sarah Joseph and Barrie Sander

A state is not responsible for every act or omission which harms human rights, regardless of the perpetrator or the location. Therefore, it is necessary to examine the scope of application of a state’s obligations under international human rights law. That is, when do human rights duties apply? This chapter first defines key concepts and identifies the duty-bearers and beneficiaries of human rights law. Then it explains the instances in which a state will be held responsible for the actions or omissions of particular persons or entities. Finally, it addresses the territorial scope of a state’s human rights duties.

Chapter

Cover Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights

3. The European Court of Human Rights: organization, practice, and procedure  

David Harris, Michael O’Boyle, Ed Bates, Carla Buckley, and Krešimir Kamber

This chapter discusses the organization and functions of the European Court of Human Rights. Topics covered include the composition of the Court; the election of judges; the roles of the Court Chambers and the Grand Chamber; pilot judgments; reform of the Court; and the future of the Court.

Chapter

Cover International Human Rights Law

14. Cultural Rights  

Julie Ringelheim

This chapter examines the sources of cultural rights in international human rights law, describes their evolution, and highlights the major debates regarding their interpretation. Specifically, it discusses the content and meaning of the right to take part in cultural life, the right to enjoy the benefits of scientific progress and its applications, and the rights of authors and inventors to the protection of their moral and material interests.

Chapter

Cover International Human Rights Law

1. History  

Ed Bates

This chapter traces the historical development of the concept of human rights and their status in international law. It first discusses human rights on the domestic plane, focusing on the key developments since the late eighteenth century, and then examines international law from the perspective of human rights over the period up to the Second World War. Finally, the chapter considers the efforts to create a universal system of human rights protection in the 1940s, culminating with the proclamation of the Universal Declaration of Human Rights in 1948.