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Responding To Systemic Human Rights Violations
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Book Synopsis Responding to Systemic Human Rights Violations by : Philip Royston Leach
Download or read book Responding to Systemic Human Rights Violations written by Philip Royston Leach and published by . This book was released on 2010 with total page 244 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a response to widespread structural or endemic human rights violations, in 2004 the European Court began to issue pilot judgments, the aim of which was not only to exert further pressure on national authorities to tackle systemic problems, but also to stop the European Court itself being inundated with the same types of cases. This analyses the principal characteristics of the pilot judgment procedure and its application in key cases to date.
Book Synopsis Responding to Human Rights Violations, 1946-1999 by : Katarina Tomaševski
Download or read book Responding to Human Rights Violations, 1946-1999 written by Katarina Tomaševski and published by BRILL. This book was released on 2021-10-05 with total page 438 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume maps out the response of states to human rights violations. It covers the period 1946-1999 and offers a complete and unmatched record for this period. Its starting point is that such responses are not established and accepted state practice. Traditional, if unwritten, norms of states' behaviour developed through centuries of silence and inaction; the prevalent reaction to human rights violations by another state remains the absence of any response. Furthermore, this book probes into evidence of active and passive complicity by reviewing aid to countries in which violations have been taking place and diplomatic initiatives undertaken to shield violators from public opprobrium. Since international law is generated through state practice, the book highlights the ongoing tussle between the pre-1946 heritage of silence and inaction and the 1946-1999 haphazard pattern of responses to violations.
Book Synopsis Remedies for Human Rights Violations by : Kent Roach
Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.
Book Synopsis Alternative Approaches to Human Rights by : Christopher Roberts
Download or read book Alternative Approaches to Human Rights written by Christopher Roberts and published by Cambridge University Press. This book was released on 2022-11-24 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the comparative historical evolution of the European, Inter-American and African regional human rights systems. The book devotes attention to various factors that have shaped the systems: the different circumstances in which they were founded; the influence of major states and inter-state politics within their respective regions; gradual processes of institutional evolution; and the impact of human rights advocates and claimants. Throughout, the book devotes careful attention to the impact of institutional and procedural choices on the functioning of human rights systems. Overarchingly, the book explores the contextually-generated differences between the three systems, suggesting that human rights practice is less unitary than it might at times appear. Prescriptively, the book proposes that, contrary to the received wisdom in some quarters, the Inter-American system's dual-track approach may provide the most promising model in regards to future human rights system design.
Book Synopsis International Human Rights Law and Practice by : Ilias Bantekas
Download or read book International Human Rights Law and Practice written by Ilias Bantekas and published by Cambridge University Press. This book was released on 2024-02-15 with total page 1033 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.
Book Synopsis Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice by : Nita Shala
Download or read book Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice written by Nita Shala and published by Taylor & Francis. This book was released on 2024-06-07 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the understudied, yet increasingly applied, concept of Guarantees of Non-Repetition under international human rights law and transitional justice. Guarantees of Non-Repetition (GNRs) are measures taken to ensure that human rights abuses do not recur. They are especially crucial in post-war contexts marked by severe and systematic violations. However, although they are increasingly invoked, GNRs are not well understood, and they have so far received only limited theoretical and practical analysis. Tracing their development to the influence of international human rights law, this book considers what GNRs are, how and why they have come about, and how GNRs are implemented. Through an explication of the history, law and jurisprudence of GNR’s – in regional mechanisms in Latin America, Europe, and Asia, as well as in international bodies – the book maintains the increasing importance, and as yet unfulfilled potential, of this legal obligation in transitional justice settings. This first book to analyse the development of GNRs and their application will appeal to scholars in the areas of law and transitional justice, public policy, and socio-legal studies, as well as lawyers and policy-makers working in post-conflict situations.
Book Synopsis Remedies for Human Rights Violations by : Kent Roach
Download or read book Remedies for Human Rights Violations written by Kent Roach and published by Cambridge University Press. This book was released on 2021-04-08 with total page 633 pages. Available in PDF, EPUB and Kindle. Book excerpt: An innovative book that provides fresh insights into the neglected field of remedies in both international and domestic human rights law. Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules. It draws on the latest jurisprudence from the European and Inter-American Courts of Human Rights and domestic courts in Australia, Canada, India, New Zealand, Hong Kong, South Africa, the United Kingdom and the United States. Separate chapters are devoted to interim remedies, remedies for laws that violate human rights, damages, remedies in the criminal process, declarations and injunctions in institutional cases, remedies for violations of social and economic rights and remedies for violations of Indigenous rights.
Book Synopsis International Human Rights Law and Structural Discrimination by : Elisabeth Veronika Henn
Download or read book International Human Rights Law and Structural Discrimination written by Elisabeth Veronika Henn and published by Springer. This book was released on 2019-07-03 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.
Book Synopsis Criminal Law Reform and Transitional Justice by : Lutz Oette
Download or read book Criminal Law Reform and Transitional Justice written by Lutz Oette and published by Routledge. This book was released on 2016-05-13 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: Sudan has been undergoing profound changes characterized by an uncertain transition from conflict to post-conflict society and the separation of the country in the midst of ongoing human rights concerns. This book examines the nature, policy aspects and interrelationship of Sudanese criminal law and law reform in this context, situating developments in the broader debate of international human rights, rule of law and transitional justice. For the first time, Sudanese, national, regional and international experts and practitioners are brought together to share experiences, combining a range of legal and policy perspectives. The book provides valuable lessons on how relevant standards and experiences can be used to inform criminal law reform in Sudan. It also considers what broader lessons can be drawn for reform initiatives in other societies facing similar challenges. This includes the type of violations that need to be addressed in reforms as a prerequisite for enhanced human rights protection, challenges experienced in this regard, and the contribution of civil society in this process.
Book Synopsis Preventing torture in Europe by : Christine Bicknell
Download or read book Preventing torture in Europe written by Christine Bicknell and published by Council of Europe. This book was released on 2018-12-19 with total page 332 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comprehensive insight into the valuable work carried out by one of the Council of Europe’s highly influential mechanisms, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT). Since its inception in 1989, specialist members of the CPT (lawyers, prosecutors, prison experts, doctors, psychiatrists, etc.) have visited thousands of police stations, prisons, immigration detention centres, psychiatric hospitals and other places of detention all over Europe, to monitor the living conditions (hygiene, provision of food and drink, health care, etc.) of those being detained. Following these visits, the CPT issues reports suggesting improvements and laying down standards. The purpose of this book is twofold. In the first part, the authors explain the background and origins of the CPT, its membership and modus operandi, as well as how it interacts with other bodies, such as the UN’s Subcommittee on Prevention of Torture (SPT) and the national preventive mechanisms (NPMs). In the second part, the authors describe the CPT’s key findings and standards in the main situations of deprivation of liberty (police, prison, immigration detention, mental health and social care). In a detailed appendix, the authors provide summaries of the key CPT findings for the 47 states visited by the CPT.
Book Synopsis The Rules, Practice, and Jurisprudence of International Courts and Tribunals by : Chiara Giorgetti
Download or read book The Rules, Practice, and Jurisprudence of International Courts and Tribunals written by Chiara Giorgetti and published by Martinus Nijhoff Publishers. This book was released on 2012-02-17 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines existing international disputes resolution institutions of both general and specific subject-matter jurisdiction. Uniquely, it assesses both procedural rules and essential case-law, making it relevant for both academics and practitioners in international law.
Book Synopsis Taking a Case to the European Court of Human Rights by : Philip Leach
Download or read book Taking a Case to the European Court of Human Rights written by Philip Leach and published by Oxford University Press, USA. This book was released on 2011-08-11 with total page 695 pages. Available in PDF, EPUB and Kindle. Book excerpt: Previous editions published : 2nd (2005) and 1st (2001).
Book Synopsis Rethinking International Law and Justice by : Charles Sampford
Download or read book Rethinking International Law and Justice written by Charles Sampford and published by Routledge. This book was released on 2016-04-08 with total page 383 pages. Available in PDF, EPUB and Kindle. Book excerpt: General principles of law have made, and are likely further to make, a significant contribution to our understanding of the constituent elements of global justice. Dealing extensively with global headline issues of peace, security and justice, this book explores justice arising in specific areas of international law, as well as underlying theories of justice from political science and international relations. With contributions from leading academics and practitioners, the book adopts an interdisciplinary approach. Covering issues such as international humanitarian law, and examining the significance of non-state actors for the development of international law, the collection concludes with the complex question of how best to rethink aspects of international justice. The lessons derived from this research will have wide implications for both developed and emerging nation-states in rethinking sensitive issues of international law and justice. As such, this book will be of interest to academics and practitioners interested in international law, environmental law, human rights, ethics, international relations and political theory.
Book Synopsis Electoral Rights in Europe by : Helen Hardman
Download or read book Electoral Rights in Europe written by Helen Hardman and published by Routledge. This book was released on 2017-06-26 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the perspective of a number of different social science disciplines, this book explores the ways in which the election of politicians can be made more fair and credible by adopting a human rights approach to elections. It discusses existing international standards for the conduct of elections and presents case studies relating to jurisdictions within Europe, especially those emerging from conflict or from an authoritarian past, which demonstrate how problems occur and can be addressed. Significant advances have been achieved through the Council of Europe’s soft and hard law frameworks but the book demonstrates that much more needs to be done to ensure that these and other standards are fully adhered to and developed. This collection offers a fresh examination of electoral rights and practices – and their impact on the quality of democracy – by superimposing a human rights perspective on existing election theories derived from the literatures of law, political science and international relations. This text will be of key interest to scholars, students and practitioners of electoral democracy and human rights, as well as those working in the areas of comparative politics and European politics.
Book Synopsis Judging International Human Rights by : Stefan Kadelbach
Download or read book Judging International Human Rights written by Stefan Kadelbach and published by Springer. This book was released on 2019-04-15 with total page 663 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.
Book Synopsis An Institutional Approach to the Responsibility to Protect by : Gentian Zyberi
Download or read book An Institutional Approach to the Responsibility to Protect written by Gentian Zyberi and published by Cambridge University Press. This book was released on 2013-06-27 with total page 575 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents an institutional perspective on realizing the responsibility to protect populations from genocide, war crimes, ethnic cleansing and crimes against humanity.
Book Synopsis Human Rights Monitoring Mechanisms of the Council of Europe by : Gauthier de Beco
Download or read book Human Rights Monitoring Mechanisms of the Council of Europe written by Gauthier de Beco and published by Routledge. This book was released on 2012-10-02 with total page 266 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book studies the human rights monitoring mechanisms of the Council of Europe. It provides an in-depth examination of six such mechanisms: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (the CPT), the European Committee of Social Rights (the ECSR), the Advisory Committee on the Framework Convention for the Protection of National Minorities (the ACFC), the European Commission against Racism and Intolerance (ECRI) and the Committee of Experts of the European Charter for Regional or Minority Languages (the CECL). The human rights monitoring mechanisms of the Council of Europe seek to establish a permanent dialogue with governments to encourage them to better implement human rights treaties. They function principally through the use of national reports, on which basis they make recommendations, and may also visit or question states directly. The book looks at each mechanism in turn, discussing their composition, functions and working methods, as well as their relationship with other actors. It includes both a general discussion of the role of European human rights monitoring mechanisms as well as a comparative analysis of these mechanisms. The book aims to provide a clear understanding of the underlying approach of European human rights monitoring mechanisms and the challenges faced by them in terms of effectiveness. It will be useful for practitioners and students alike, especially those following courses in human rights or related fields.
