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The Landmark Rulings Of The Inter American Court Of Human Rights On The Rights Of The Child
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Book Synopsis The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child by : Mónica Feria Tinta
Download or read book The Landmark Rulings of the Inter-American Court of Human Rights on the Rights of the Child written by Mónica Feria Tinta and published by BRILL. This book was released on 2008 with total page 697 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first comprehensive treatment of the topic of the Rights of the Child as reflected in the jurisprudence of the Inter-American Court of Human Rights. It reviews all decisions of the Inter-American Court relating to the Rights of the Child and analyses the principles held therein making them available to practitioners, academics and students of this area of the law.
Book Synopsis Children and Youth in Armed Conflict by : Ann-Charlotte Nilsson
Download or read book Children and Youth in Armed Conflict written by Ann-Charlotte Nilsson and published by Martinus Nijhoff Publishers. This book was released on 2013-12-05 with total page 1637 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a book that students and professionals from different disciplines and backgrounds, including from academia, international organisations, non-governmental organisations, the medical community, governments, etc., will find to be a valuable resource in their quest to learn more about an area of study that has long been neglected. 2 Volume set.
Book Synopsis The Social Rights Jurisprudence in the Inter-American Court of Human Rights by : Isaac de Paz González
Download or read book The Social Rights Jurisprudence in the Inter-American Court of Human Rights written by Isaac de Paz González and published by Edward Elgar Publishing. This book was released on with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: Working with progressive conceptual categories relating to indigenous property, cultural identity, the right to an adequate standard of living and healthcare, the Inter-American Court of Human Rights continues to build a justiciability to determine the social rights of marginalised individuals and groups in the Americas. In a context of interpretative tensions of the social rights as political goals and direct effects provisions, Isaac de Paz González unveils the abilities, and the practices of the Inter-American Court’s contribution to the human rights practice in the Global South.
Book Synopsis Children's Rights by : Maria Kristofer
Download or read book Children's Rights written by Maria Kristofer and published by International Courts Assoc. This book was released on 2011 with total page 774 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book contains a collection of landmark jurisprudence on children's rights from the United States Supreme Court. The US Supreme Court has habitually analyzed child matters pursuant to a standard of heightened protection because the subject matter falls within the list of fundamental liberties protected by the Due Process Clause of the Fourteenth Amendment, which include the right to marry, to have children, to marital privacy, and to abortion. The rising prominence of virtual reality and its attendant subjectivity in the ways in which humans interact with one another and the world around them has called for a response in the heightened standard of protection of children, and this response has tended to separate objective moral values from labyrinths of artistic meaning. According to recent cases, artistic meaning and its attendant subjectivity is intended to serve imperatives of moral scope, such as the role of children as objectives of literary endeavors, and not the other way around. In recent cases addressing child pornography, the Court distinguished between children as constitutionally protected in the context of the right to marriage and to marital privacy, and speech of serious literary, artistic, political, or scientific value. Other recent Supreme Court cases - on the death penalty and punishment for crimes for the under-aged - address a continuing conflict between a heightened standard in the protection of children and changes in social and cognitive perception that threaten with dissonance in matters of morality in postmodern times.
Book Synopsis Doctrine, Practice, and Advocacy in the Inter-American Human Rights System by : James L. Cavallaro
Download or read book Doctrine, Practice, and Advocacy in the Inter-American Human Rights System written by James L. Cavallaro and published by Oxford University Press. This book was released on 2019-06-20 with total page 928 pages. Available in PDF, EPUB and Kindle. Book excerpt: Doctrine, Practice and Advocacy in the Inter-American Human Rights System is the first casebook to focus on the Inter-American human rights system, the primary system for advancing and protecting rights in the Western hemisphere. Created by the Organization of American States, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are autonomous and independent bodies that make up the Inter-American system. Together, they play a vital role, working closely with victims, civil society, and states to protect fundamental human rights in the Western hemisphere, particularly in Latin America. While the system is relatively unknown in legal academia in the United States and Canada, its study is mandatory in most law schools in the Americas. Government appointees, civil servants, high level actors, private attorneys, judges and legal scholars, and media regularly engage with the system in Latin America, implementing its determinations and applying its rulings and interpretations concerning the human rights of their citizens. Thus critical matters affecting vital rights, such as the peace process in Colombia, disappearances in Mexico, gang violence in the Northern Triangle (El Salvador, Honduras, and Guatemala) or trials for perpetrators of crimes against humanity in Argentina, all directly involve the rulings and actors of the Inter-American system. Increasingly, the Inter-American system has advanced rights protection in the United States and Canada. The statements and determinations of the Inter-American Commission on the detention center at Guantanamo, for example, led to a global consensus opposing the prolonged use of pretrial detention at that site, while the Commission's ruling on the juvenile death penalty was cited by the United States Supreme Court in its holding finding that practice unconstitutional. A report by the Commission on murdered and missing indigenous women in British Columbia led to the creation of a National Commission of Inquiry on the subject by Canada. This book provides analysis on a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system. At the same time, it provides materials that consider the political dynamics that empower and constrain the system. Doctrine, Practice and Advocacy in the Inter-American Human Rights System takes as its point of departure a critical look at the real-world successes and failures of the system and human rights advocates in the Americas, including the tensions and trade-offs commonly confronted by activists as they seek to advance human rights.
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 The Torture of Children During Armed Conflicts by : Sonja C. Grover
Download or read book The Torture of Children During Armed Conflicts written by Sonja C. Grover and published by Springer Science & Business Media. This book was released on 2013-10-24 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court’s reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.
Book Synopsis Same-Sex Couples before National, Supranational and International Jurisdictions by : Daniele Gallo
Download or read book Same-Sex Couples before National, Supranational and International Jurisdictions written by Daniele Gallo and published by Springer Science & Business Media. This book was released on 2013-12-02 with total page 558 pages. Available in PDF, EPUB and Kindle. Book excerpt: The present volume focuses on the jurisprudence of national, supranational and international jurisdictions (and quasi-juridictions) as regards the legal status of same-sex couples. Its aim is to explore the content, rationale, functioning and potential of the different jurisdictions’ reasonings and their contribution to the strengthening of LGBTI rights (and duties). As a consequence, the book tries to convey the complexities and controversies that derive from the judicial recognition of same-sex couples across the world, taking always into account the relationship of the judiciary with the executive and the legislature and the related problems of legitimacy and democracy. The volume deals with this issue and considers it as a crucial test for modern democracies and contemporary societies.
Book Synopsis Litigating the Rights of the Child by : Ton Liefaard
Download or read book Litigating the Rights of the Child written by Ton Liefaard and published by Springer. This book was released on 2014-09-29 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the impact of the UN Convention on the Rights of the Child (CRC) on national and international jurisprudence, since its adoption in 1989. It offers state of the art knowledge on the functions, challenges and limitations of the CRC in domestic, regional and international children’s rights litigation. Litigating the Rights of the Child provides insight in the role of the CRC in domestic jurisprudence in ten countries from different parts of the world, with civil law, common law and Islamic law systems. In addition, it offers analyses of the jurisprudence of regional courts, in Europe and the Americas, and of human rights treaty bodies, including the Human Rights Committee, Committee on the Elimination of Discrimination against Women and the African Committee of Experts on the Rights and Welfare of the Child. This book presents a global and comparative picture on the use of the CRC in litigation and identifies emerging trends. This book serves as an important source of reference and inspiration for academics, students, legal professionals, including judges and lawyers, and (inter)national organisations working in the area of children’s rights.
Book Synopsis The Right not to Be Subjected to Enforced Disappearance by : Ioanna Pervou
Download or read book The Right not to Be Subjected to Enforced Disappearance written by Ioanna Pervou and published by Springer Nature. This book was released on 2023-09-25 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a distinctive approach to the right not to be subjected to enforced disappearance. Over the last decade, the entry into force of the UN Convention for the Protection of All Persons from Enforced Disappearance has brought to the forefront of legal discussion the need to effectively address the practice of disappearance. Yet, there are still obstacles to combatting it, which are in part due to a limited understanding of the right’s underlying concept, content and scope. This book examines the phenomenon and definition of enforced disappearance and sheds new light on the right against disappearance. Presenting a doctrinal appraisal of the norm’s legal value, it suggests that the right against enforced disappearance holds a customary value, while also arguing that it has since attained a jus cogens status. Lastly, it examines in detail the rights to truth and reparation and how regional and national courts have interpreted these norms. It assesses the UN Convention’s dynamics and considers whether the lack of a right against disappearance embedded in regional human rights systems affects individuals’ protection. The book provides an overview of key jurisprudence on disappearances, making it of benefit to both practitioners and theorists of international law.
Book Synopsis The Inter-American Court of Human Rights by : Laurence Burgorgue-Larsen
Download or read book The Inter-American Court of Human Rights written by Laurence Burgorgue-Larsen and published by OUP UK. This book was released on 2011-04-07 with total page 948 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a reference guide to the case law of the Inter-American Court of Human Rights. Structured in two parts, it covers the case law on jurisdiction and procedure before the Court and the case law on the scope of particular rights, drawing comparisons with the case law of the European Court of Human Rights.
Book Synopsis Routledge International Handbook of Children's Rights Studies by : Wouter Vandenhole
Download or read book Routledge International Handbook of Children's Rights Studies written by Wouter Vandenhole and published by Routledge. This book was released on 2015-03-24 with total page 639 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the adoption of the UN Convention on the Rights of the Child (1989) children’s rights have assumed a central position in a wide variety of disciplines and policies. This handbook offers an engaging overview of the contemporary research landscape for those people in the theory and practice of children’s rights. The volume offers a multidisciplinary approach to children’s rights, as well as key thematic issues in children’s rights at the intersection of global and local concerns. The main approaches and topics within the volume are: • Law, social work, and the sociology of childhood and anthropology • Geography, childhood studies, gender studies and citizenship studies • Participation, education and health • Juvenile justice and alternative care • Violence against children and female genital mutilation • Child labour, working children and child poverty • Migration, indigenous children and resource exploitation The specially commissioned chapters have been written by renowned scholars and researchers and come together to provide a critical and invaluable guide to the challenges and dilemmas currently facing children’s rights.
Book Synopsis Cultural Expertise, Law, and Rights by : Livia Holden
Download or read book Cultural Expertise, Law, and Rights written by Livia Holden and published by Taylor & Francis. This book was released on 2023-05-19 with total page 379 pages. Available in PDF, EPUB and Kindle. Book excerpt: Cultural Expertise, Law, and Rights introduces readers to the theory and practice of cultural expertise in the resolution of conflicts and the claim of rights in diverse societies. Combining theory and case-studies of the use of cultural expertise in real situations, and in a great variety of fields, this is the first book to offer a comprehensive examination of the field of cultural expertise: its intellectual orientations, practical applications and ethical implications. This book engages an extensive and interdisciplinary variety of topics – ranging from race, language, sexuality, Indigenous rights and women’s rights to immigration and asylum laws, international commercial arbitration and criminal law. It also offers a truly global perspective covering cultural expertise in Africa, Asia, Australia, Europe, Latin America, the Middle East and North America. Finally, the book offers theoretical and practical guidance for the ethical use of cultural expert knowledge. This is an essential volume for teachers and students in the social sciences – especially law, anthropology, and sociology – and members of the legal professions who engage in cross-cultural dispute resolution, asylum and migration, private international law and other fields of law in which cultural arguments play a role. The Open Access version of this book, available at www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Book Synopsis Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective by : Dário Moura Vicente
Download or read book Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective written by Dário Moura Vicente and published by Martinus Nijhoff Publishers. This book was released on 2016-04-21 with total page 595 pages. Available in PDF, EPUB and Kindle. Book excerpt: Towards a Universal Justice? Putting International Courts and Jurisdictions into Perspective offers a comprehensive overview of legal issues concerning the role and interrelations of international courts and jurisdictions.
Book Synopsis A Commentary on the United Nations Convention on the Rights of the Child, Article 32: Protection from Economic Exploitation by : Lee Swepston
Download or read book A Commentary on the United Nations Convention on the Rights of the Child, Article 32: Protection from Economic Exploitation written by Lee Swepston and published by Martinus Nijhoff Publishers. This book was released on 2012-06-14 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume constitutes a commentary on Article 32 of the United Nations Convention on the Rights of the Child. It is part of the series, A Commentary on the United Nations Convention on the Rights of the Child, which provides an article by article analysis of all substantive, organizational and procedural provisions of the CRC and its two Optional Protocols. For every article, a comparison with related human rights provisions is made, followed by an in-depth exploration of the nature and scope of State obligations deriving from that article. The series constitutes an essential tool for actors in the field of children’s rights, including academics, students, judges, grassroots workers, governmental, non- governmental and international officers. The series is sponsored by the Belgian Federal Science Policy Office.
Book Synopsis Regional Integration, Human Rights and Democratic Participation in Africa by : Karin Deichmann
Download or read book Regional Integration, Human Rights and Democratic Participation in Africa written by Karin Deichmann and published by Universitätsverlag Göttingen. This book was released on 2020 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: The protection of human rights and popular participation on the first sight seem to contradict the often-existing image of the African continent. However, with the foundation of the African Union in 2000, both aspects gain greater importance on regional level. Besides that, many subregional courts within the sphere of sub-Sahara Africa partially started to develop human rights-related jurisdiction. In addition to that, most regional economic communities nowadays provide for their own parliamentary structures. The study aims to examine the several institutional structures and their competences on both, regional and subregional level. Besides that, it provides for a profound analysis of the jurisdiction of the respective courts as well as the communications of the African Commission of Human and Peoples’ Rights. Lastly, the study focuses on the correlation between the extension of the institutions’ competences and the political will of the involved governments.
Book Synopsis The Practice and Procedure of the Inter-American Court of Human Rights by : Jo M. Pasqualucci
Download or read book The Practice and Procedure of the Inter-American Court of Human Rights written by Jo M. Pasqualucci and published by Cambridge University Press. This book was released on 2013 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.
