defining civil and political rights the jurisprudence of the united nations human rights committee

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Defining Civil And Political Rights

Author : Alex Conte
ISBN : 9781317153610
Genre : Law
File Size : 86. 41 MB
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Defining Civil and Political Rights provides a comprehensive analysis and commentary on the decisions - technically known as views - of the United Nations Human Rights Committee, for use by human rights lawyers throughout the world. Each of the substantive rights and freedoms set out in the International Covenant on Civil and Political Rights is considered in detail, by analysis of final reviews and comments of the Human Rights Committee. This second edition has been thoroughly revised and updated to take account of recent jurisprudence on the Human Rights Committee. New material has been added based upon substantive areas of the committee's jurisprudence.

Indigenous Peoples And Human Rights

Author : Ben Saul
ISBN : 9781782252283
Genre : Law
File Size : 78. 75 MB
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Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is 'indigenous' and who is a 'minority', and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms.

Spheres Of Global Justice

Author : Jean-Christophe Merle
ISBN : 9789400759985
Genre : Philosophy
File Size : 34. 39 MB
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Spheres of Global Justice analyzes six of the most important and controversial spheres of global justice, each concerning a specific global social good. These spheres are democratic participation, migrations, cultural minorities, economic justice, social justice, and intergenerational justice. Together they constitute two constellations dealt with, in this collection of essays by leading scholars, in two different volumes: Global Challenges to Liberal Democracy and Fair Distribution. These essays illustrate each of the spheres, delving into their differences, commonalities, collisions and interconnections. Unlike many writings on global justice, Spheres of Global Justice does not content itself with describing the painful and advantageous effects of the globalization process as being ipso facto a global injustice or a just global order. Rather, this multidisciplinary collection of essays, from a pluralist inspiration, combines empirical analysis with theoretical approaches and ethical principles, paying close attention to two aspects of the effects of the globalization process. These aspects are the causal relationships that lead to such effects and the kinds of obligations, or of normative relationships between global rights and correlative duties, that applies to each specific individual case. This volume illustrates how diverse global obligations are, and how they can be, grounded in diverse relationships (identity, ability to provide help, causal responsibility, past injustices, protection of agency and promotion of independence, etc.). These essays also demonstrate that an ethical global approach has not only international or transnational, but also domestic, local and interpersonal dimensions.

Human Rights In The Prevention And Punishment Of Terrorism

Author : Alex Conte
ISBN : 3642116086
Genre : Law
File Size : 34. 53 MB
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The objective of this work is to provide an analysis of the legislative approaches to counter-terrorism and human rights in Australia, Canada, New Zealand and the United Kingdom. The text is aimed at lawyers and practitioners within and outside common law nations. Although the text analyses the subject within the four jurisdictions named, many parts of the book will be of interest and relevance to those from outside those jurisdictions. Considerable weight is placed on inter- tional obligations and directions, with a unique and hopefully useful feature of the text being the inclusion and consideration of a handbook written by me on human rights compliance when countering terrorism (set out in Appendix 4 and considered in Chap. 13). A signi?cant part of the research undertaken for this work was as a result of my being awarded the International Research Fellowship, Te Karahipi Rangahau a Taiao, an annual fellowship generously funded by the New Zealand Law Foun- tion. The New Zealand Law Foundation is an independent trust and registered charitable entity under the Charities Act 2005 (NZ). This project would not have been possible without the Law Foundation’s award, which allowed me to undertake research and associated work over reasonably lengthy periods of time in Australia, Canada, Israel, England, Austria, Switzerland and Finland. It is not just the g- graphical location of this work that was made possible, however.

Emerging Areas Of Human Rights In The 21st Century

Author : Marco Odello
ISBN : 9781136831331
Genre : Law
File Size : 74. 40 MB
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This book includes a set of studies and reflections that have emerged since the adoption of the Universal Declaration of Human Rights in 1948. Encompassing a number of human rights, such as the right to environmental protection, the right to humanitarian aid, and the right to democratic governance, this collection focuses on issues and areas that were not originally mentioned or foreseen in the Declaration but that have since developed into salient topics. These developing rights are considered in the light of contemporary national and international law, as well as against the wider picture and the contexts in which human rights may have effect. Moreover, the topics covered take in a wide range of research fields, including law, politics and criminology. Emerging Areas of Human Rights in the 21st Century is aimed primarily at undergraduate and postgraduate students, and scholars interested in international law, human rights and politics.

Religious Actors And International Law

Author : Ioana Cismas
ISBN : 9780191021893
Genre : Law
File Size : 29. 72 MB
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This book assesses whether a new category of religious actors has been constructed within international law. Religious actors, through their interpretations of the religion(s) they are associated with, uphold and promote, or indeed may transform, potentially oppressive structures or discriminatory patterns. This study moves beyond the concern that religious texts and practices may be incompatible with international law, to provide an innovative analysis of how religious actors themselves are accountable under international law for the interpretations they choose to put forward. The book defines religious actors as comprising religious states, international organizations, and non-state entities that assume the role of interpreting religion and so claim a 'special' legitimacy anchored in tradition or charisma. Cutting across the state / non-state divide, this definition allows the full remit of religious bodies to be investigated. It analyses the crucial question of whether religious actors do in fact operate under different international legal norms to non-religious states, international organizations, or companies. To that end, the Holy See-Vatican, the Organization of Islamic Cooperation, and churches and religious organizations under the European Convention on Human Rights regime are examined in detail as case studies. The study ultimately establishes that religious actors cannot be seen to form an autonomous legal category under international law: they do not enjoy special or exclusive rights, nor incur lesser obligations, when compared to their respective non-religious peers. Going forward, it concludes that a process of two-sided legitimation may be at stake: religious actors will need to provide evidence for the legality of their religious interpretations to strengthen their legitimacy, and international law itself may benefit from religious actors fostering its legitimacy in different cultural contexts.

Leading Cases Of The Human Rights Committee

Author : United Nations. Human Rights Committee
ISBN : 9521218010
Genre : Political Science
File Size : 54. 81 MB
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The International Covenant On Civil And Political Rights And Its First Optional Protocol

Author : Johann Bair
ISBN : UCSC:32106017924744
Genre : Law
File Size : 21. 90 MB
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The Human Rights Committee has, in its many years of existence, developed an extensive jurisprudence made up of concluding observations prepared in response to state reports, general comments on the interpretation of the International Covenant on Civil and Political Rights (ICCPR) and views expressed in individual cases submitted under the First Optional Protocol. The ICCPR as a human rights treaty confers rights on individuals. Individuals are not only the bearers of these rights but also the ones who, filing their complaints to the Human Rights Committee, enable the committee to clarify the meaning of these rights. This book unites all elements of the jurisprudence of the Human Rights Committee. The views concerning individuals in concrete situations form the core of this book.

The Parliamentarian

Author :
ISBN : STANFORD:36105123425253
Genre : Great Britain
File Size : 55. 20 MB
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The United Nations In The Twenty First Century

Author : Marcus F. Franda
ISBN : 0742553337
Genre : Political Science
File Size : 47. 20 MB
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The United Nations in the Twenty-first Century Management and Reform Practices in a Troubled Organization, analyzes the significance of the many forces and events affecting the UN's efforts at reform. It provides a detailed examination of these processes for all of the major UN organs and agencies, including chapters on the Secretaries-General, the Secretariat, the General Assembly, Security Council, and ECOSOC. The chapters on the Secretaries-General are the only detailed discussion that compares, contrasts and evaluates the tenures of the seven people who have headed the UN. The book's concluding chapters focus on Kofi Annan's reform agenda as it relates to previous UN reform experiences, and, as part of that discussion, the future impact of recent UN-related scandals and charges of mismanagement are assessed.

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