Integrated Human Rights in Practice (inbunden)
Inbunden (Hardback)
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Edward Elgar Publishing Ltd
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907 g
Integrated Human Rights in Practice (inbunden)

Integrated Human Rights in Practice

Rewriting Human Rights Decisions

Inbunden Engelska, 2017-09-29
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This book aims to introduce concrete and innovative proposals for an holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, 'as if human rights law were really one', borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law. Integrated Human Rights in Practice shows that even within the current fragmented landscape of international human rights law, it is possible to integrate human rights to a significantly higher degree than is generally the case. Redrafted opinions deal with major contemporary issues such as conscientious objection by health service providers, intersectional discrimination of minority women, the rights of persons with disabilities, the rights of indigenous peoples against powerful economic interests, and the human rights impact of austerity measures. This book's novel perspective and applied, concrete examples make it an invaluable resource for academics and students as well as judges, lawyers, and treaty body members.
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'The book has achieved its ambitions of providing a 'constructive input in the conversation among practitioners as well as academics' and is an excellent addition to scholarly thinking on the future of human rights worldwide.' -- Katrina Peake, Human Rights Law Review 'The creativity of this international team of excellent professors and scholars in human rights have produced an original and fascinating book. This exercise of "redrafting" some landmark cases decided by different supranational judicial and monitoring bodies reveals the unexpected resources of a holistic approach to fundamental rights, leaving space for external sources. This innovative book is a must read for all those who want to think and to mobilise human rights differently.' -- Francoise Tulkens, Former Vice-President, European Court of Human Rights 'The emergence of a human rights jus commune, the product of dialogue across jurisdictions and of the integration of "soft law" in the reasoning of human rights courts and expert bodies, has triggered fears of unpredictability as well as hopes of greater coherence across human rights systems and further progress in the protection of human rights. Do the advantages compensate for the potential risks? To provide an answer, human rights scholars have been asked to re-imagine certain leading cases in the light of such an "integrated approach" to human rights. The results are enlightening, making a significant contribution to the debate.' -- Olivier De Schutter, University of Louvain (UCL) and UN Committee on Economic, Social and Cultural Rights

Övrig information

Edited by Eva Brems, Professor and Ellen Desmet, Postdoctoral Researcher, Human Rights Centre, Ghent University, Belgium


Contents: 1. Introduction: Rewriting Decisions from a Perspective of Human Rights Integration Eva Brems Part I Civil and political rights 2. Questions of Method : the Use of "External Sources" in National Union of Rail, Maritime and Transport Workers v the United Kingdom (ECtHR) Sebastien Van Drooghenbroeck, Frederic Krenc and Olivier Van der Noot 3. Standing Alone or Together: The Human Rights Committee's Decision in A.P. v Russian Federation Gerald L. Neuman 4. Use of comparative authority in the drafting of judgments of a new regional human rights court. African Court on Human and Peoples' Rights, Zongo v Burkina Faso Magnus Killander 5. Same-Sex Marriage in Polarized Times: Revisiting Joslin v New Zealand (HRC) Malcolm Langford Part II Economic and Social Rights 6. Caring, rescuing or punishing? Rewriting R.M.S v Spain (ECtHR) from an integrated approach to the rights of women and children in poverty Valeska David 7. Re-imagining human rights responsibility: shared responsibility for austerity measures in Federation of employed pensioners of Greece (IKA-ETAM) v Greece (ECSR) Wouter Vandenhole Part III Women's rights 8. Yilmaz-Dogan v The Netherlands (CERD): forum shopping and intersecting grounds of discrimination thirty years later Rhona Smith 9. Developing the full range of state obligations and integrating intersectionality in a case of involuntary sterilization. CEDAW Committee, 4/2004, AS v Hungary Eva Brems 10. Objection ladies! Taking IPPF-EN v Italy (ECSR) one step further Emmanuelle Bribosia, Ivana Isailovic and Isabelle Rorive Part IV Disability rights 11. Rewriting CLR on behalf of Valentin Campeanu v Romania (ECtHR): actio popularis as ultimum remedium to enhance access to justice of victims with a mental disability Helena De Vylder 12. Integrating disability and elder rights into the ECHR: rewriting McDonald v the United Kingdom (ECtHR) Marijke De Pauw and Paul De Hert 13. Another look at Glatzel (ECJ). Of principles and discriminations Antoine Bailleux and Isabelle Hachez Part V Indigenous peoples' rights 14. Taking seriously indigenous peoples' right of self-determination and the principle of 'free, prior and informed consent'. Human Rights Committee, 2102/2011, Paadar et al. v Finland Martin Scheinin 15. Rewriting Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (African Commission on Human and Peoples' Rights): Pushing Indigenous Peoples' Rights in Africa Forward Stefaan Smis and Derek Inman 16. Moving Human Rights Jurisprudence to a Higher Gear: Rewriting the case of the Kichwa Indigenous People of Sarayaku v Ecuador (Inter-Am. Ct HR) Lieselot Verdonck and Ellen Desmet Index