Human rights 219 results

This book includes a general report and a series of special national reports that discuss trends in the judicial enforcement of economic, social and cultural rights worldwide.

This book comprises chapters by key legal scholars and practitioners from the Americas, Europe, Asia, Oceania and Africa. It examines the evolution, theoretical constructs and institutional features of legal capacity, as well as the specific ways in which evolving principles, rights and standards derived from disability law and human rights are impacting and transforming the law. The book also explores emerging and persistent legal questions, as well as the challenges in conceiving, designing and implementing more comprehensive reforms in legal capacity regimes.

This book provides a comparative constitutional analysis of the relationship between freedom of speech and disinformation. In particular, it assesses the constitutional challenges to balance freedom of speech and falsehood, and the approaches adopted to deal with the spread of disinformation.

The sources of International Humanitarian Law directly accessible to Belgian and foreign audience, allowing a better control and knowledge of this matter.

The book demonstrates that the existing right to the highest attainable standard of health is inadequate to fully promote and protect the right to mental health, particularly regarding access to quality mental healthcare. Relevant additional human rights in the Convention on the Rights of Persons with Disabilities are examined to address these shortcomings.

The book explores, from a comparative perspective, the impact of the European Convention of Human Rights on a wide range of private law issues, including family law, data protection law, media law, copyright law, labour law as well as private international law and procedural law.

This book provides an understanding of how States around the world, whether in the Global North or the Global South, deal with and organize the religious, ethnic, cultural and linguistic diversity within them and how, in the same vein, they deal with the plurality of opinions and legal systems.

Member States of the European Union have suggested resorting to the extraterritorial processing of asylum claims and resettlement as alternatives to the spontaneous arrival of refugees/asylum seekers at their borders. Yet there exists no consensus about the definition, operation, and implications of these policies. Central to the currently prevailing uncertainty is the effect of extraterritoriality, both in terms of legal and ethical obligations owed to those who are geographically distant from a particular state border. This book seeks to contribute to the discussion on extraterritorial processing and resettlement by considering their implications. It does so by using a mixed methodology, comprising of legal analysis and ethical reasoning, in order to appraise the legality and legitimacy of these policies. The structure of leaving, entering, and remaining is employed to consider the right to leave, non-refoulement, the ability to receive protection in an EU Member State, and their interaction with the extraterritorial context. Scholars researching alternatives to the spontaneous arrival of asylum seekers will find this book particularly relevant, as well as those studying the protection of human rights in the extraterritorial context more generally. Finally, the book also provides insights for policy-makers exploring novel pathways to complement existing asylum systems.

This book concerns equality in personal status - absolute, anti-discrimination - and how formal protection was superseded by material, fuller protection. It discusses history - Latin America, then the French Revolution - and disciplines - philosophy, ethics, economics, sociology, systems theory - with their diverse views and moves into modern phenomena like digitalization.

The European Yearbook on Human Rights brings together renowned scholars, emerging voices and practitioners, comprising contributions which engage with some of the most important human rights issues and developments in Europe. The Yearbook helps to better understand the rich landscape of the European regional human rights system and is intended to stimulate discussions, critical thinking and further research in this field.

This book provides a comprehensive, detailed and up-to-date account of Strasbourg case-law on Article 8 of the European Convention on Human Rights. It focuses on the Court's most important cases on private and family life, home and correspondence, which have been selected following the Court's Jurisconsult's opinion of their jurisprudential interest.

This book focuses on the legal governance of online platforms concerning direct and indirect discrimination against users in the housing, advertising, and labor markets. Through an extensive investigation of sources this book illustrates how statutory law and legal precedents in the E.U. and the U.S. are only partially equipped to address discrimination against statutorily protected classes in online platforms.

Article 34 of the European Convention on Human Rights prescribes that individual applications must be directed against one of the Convention States. Consequently, private actors involved in proceedings against other private actors before domestic courts must complain about State (in)action in their application to the European Court of Human Rights. In other words, originally 'horizontal' conflicts must be 'verticalised' in order to be admissible. Although such verticalised cases make up a large portion of the Court's case law, the particular nature of these cases, as well as procedural issues that may arise in them, has not received much attention. To fill this gap, this book offers a detailed examination of verticalised cases coming before the Court. The characteristics of and the Court's approach to verticalised cases are explored by means of an in-depth analysis of four types of verticalised cases (cases related to one's surroundings; cases involving a conflict between the right to reputation and private life and the right to freedom of expression; family life cases; and employer-employee cases). On the basis of this analysis, it is argued that the Court's current approach to verticalised cases poses problems for private actors, Convention States and the Court itself. In presenting recommendations for the resolution of these problems, the book concludes with a proposal for a new approach to verticalised cases, consisting of a redesigned third-party intervention procedure.

This book addresses the issue of mothers who, fleeing from domestic violence, take their children with them and thus become liable for international child abduction. It examines how protection measures can help the abducting mother in this context, with a special focus on the utility of Regulation 606/2013 on mutual recognition of protection measures in civil matters and Directive 2011/99/EU on the European Protection Order, which allow cross-border circulation of protection measures.

This book provides a thorough account of states' obligations to prevent childhood obesity under the Convention on the Rights of the Child, focusing on restricting unhealthy food marketing to children. It also examines state obligations under the European Convention on Human Rights and EU law.

This third edition of the American Convention of Human Rights provides a thorough review of the protection of crucial convention rights and their application by the Inter-American Court of Human Rights. The book offers an engaging discussion of human rights issues, both old and new, occurring in the Americas.

Statelessness remains an issue of concern in Europe. Stateless persons often experience problems with accessing basic rights, despite the proclamation of human rights and a right to a nationality for all. Various attempts have been made to address the issue of statelessness, for instance through the adoption of the United Nations Statelessness Conventions, but also by European regional cooperation mechanisms. This book analyses and places into context the legal approaches that states have taken together in the context of the Council of Europe and the European Union to prevent and solve statelessness from a human rights perspective.

This book is a collection of contributions examining children's access to justice within selected jurisdictions and various areas of law. It explores children's participation in judicial and non-judicial procedures in practice and discusses various obstacles to participation.

Based on fieldwork unprecedented in scope, this project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions. Vol. II consists of 11 in-depth case studies from Latin America.

Based on fieldwork unprecedented in scope, this project provides the first systematic study of the formulation and implementation of the recommendations of 13 Latin American truth commissions. Vol. I focuses on cross-country analysis.