Analysis of the Rome Statute through a Children's Rights Perspective
Book | 1st edition 2015 | World | Cynthia Chamberlain
This book offers a comprehensive analysis of the International Criminal Court (ICC) and its core legal texts from a children’s rights perspective. It examines the ICC provisions and its case law, evaluating whether these meet international children’s rights standards.
Book | 1st edition 2015 | United Kingdom | Michele Panzavolta, Dorris de Vocht, Marc Van Oosterhout, Miet Vanderhallen
The present volume contains the results of the first part of the research project 'Protecting Young Suspects in Interrogations’: a legal comparative study into existing legal procedural safeguards for juvenile suspects during interrogation in the five selected Member States.
Book | 1st edition 2015 | World | Willem Van Genugten
The World Bank Group and the International Monetary Fund are under substantial pressure to accept more accountability under international human rights law. This publication sets out the standards by which these international financial institutions are bound under international human rights law as it currently stands.
On Freedom of Expression, Hate Speech and Religion in France & the Netherlands
Book | 1st edition 2015 | United Kingdom | Esther Janssen
Should a politician be free to fiercely attack the religion of a sector of the population? Should he be allowed to strongly reject the culture of a particular minority group? Should religious adherents be allowed to advocate the transition from a democratic to a theocratic state? Should a satirical magazine be free to mock religious figures and practices? These sort of questions concern ‘the place of faith in public debate’ and continue to dominate public discussion that has been fuelled by a series of events, including the terrorist attacks in New York, Madrid and London and the terrorist attack on French satirical magazine Charlie Hebdo in Paris.
An analytical exploration of the international normative framework
Book | 1st edition 2014 | United Kingdom | Sarah-Ida Spronk-van der Meer
Worldwide, children face significant health risks. The right to health of the child offers insight into the ways in which these risks should be mitigated. However, the concept of ‘the highest attainable standard of health of the child’ as laid down in article 24 of the Convention on the Rights of the Child remains unclear.
An Analytical Inquiry into the Adjudication of the Welfare Aspects of Human Rights
Book | 1st edition 2014 | United Kingdom | Gustavo Arosemena Solorzano
Can human rights really protect people from want? If one is lacking medical care or housing, can one really go to a judge and ask for the provision of such goods and services? These questions have proved divisive for academics, politicians and judges working in the field of human rights. Some consider that there is no real difference between civil and political rights and economic, social and cultural rights. Others think that economic, social and cultural rights have structural features that make their judicial protection unwelcome. This book aims to move this debate forward.
Book | 1st edition 2014 | United Kingdom | Jasper Krommendijk
The number of international human rights treaties and monitoring mechanisms has grown considerably over the past decades. States are increasingly confronted with criticism as to their domestic human rights record. What is the effect of all these treaties, monitoring and criticism? Do they lead to changes and improvements?
The Interface between Patents and Human Rights. Does one size fit all?
Book | 1st edition 2014 | United Kingdom | Jennifer Sellin
Millions of people worldwide lack adequate access to medicines, particularly in developing countries. This book focuses on one aspect of access to medicines: the affordability of essential medicines, and its connection to human rights and patents.
Book | 1st edition 2014 | United Kingdom | Janneke H. Gerards, Joseph Fleuren
The European Convention on Human Rights has great impact on national law, in particular through the case-law of the European Court of Human Right. Over the past few years, however, critical voices have been raised to question the degree of the Court’s influence on national law and politics.
Book | 1st edition 2014 | United Kingdom | Maya Sigron
This book provides a thorough evaluation of the complex relationship between legitimate expectations and the protection of property guaranteed by Article 1 of Protocol No. 1 to the European Convention on Human Rights.
What lessons can we learn from history, and more importantly: how? Efficient transitional justice policy evaluation requires, inter alia, an historical dimension. Nevertheless, history as a profession remains somewhat absent in the multi-disciplinary field of transitional justice. The idea that we should learn lessons from history continues to create unease among most professional historians. This volume is a major contribution in the search for synergies between the agenda of historical research and the rapidly developing field of transitional justice.
Book | 1st edition 2014 | World | Catherine Jenkins, Max du Plessis
In this volume, fifteen contributors from the disciplines of law, politics and sociology reflect on South Africa’s transition to democracy and the challenges of transformation and nation-building that have confronted the country since the first democratic elections of 1994. The range of topics covered is expansive, in keeping with a broader than usual definition of transitional justice which, it is argued, is more appropriate for states faced with the mammoth tasks of reform and institution-building in a context in which democracy has never been firmly rooted and the existence of widespread poverty gives rise to the dual demands for both bread and freedom.
The legacy of the ICTR, RwandaÉs ordinary courts and gacaca courts
Book | 1st edition 2013 | World | Usta Kaitesi
Genocidal Gender and Sexual Violence examines how the experiences of victims of genocidal gender and sexual violence have been addressed on a theoretical and practical level.
A Challenge for Non-binding Norms: The Montreux Document and the International Code of Conduct for Private Security Providers
Book | 1st edition 2013 | World | Corinna Seiberth
Many states view Private Military and Security Companies (PMSCs) as crucial to implement their security policy. However, reoccurring incidents of human rights violations have led the international community, private sector and civil society to acknowledge the need for more control. This book examines the promises and dangers of emerging non-binding PMSC regulation alongside more traditional forms of law-making such as plans for an international convention on the use of PMSCs.
Book | 1st edition 2013 | World | The The Siracusa Intl. Institute
Those keen to promote accountability in conflicts around the world are increasingly relying on fact finding bodies to provide necessary documentation which will ensure that those responsible for human rights abuses are brought to justice. The ‘Guidelines’, developed from inputs by more than 80 experts, provide a thorough and welcome framework to ensure clarity and consistency throughout the processes of creating, investigating, reporting and follow-up for these various bodies.
Comparative, European and International Perspectives
Book | 1st edition 2013 | United Kingdom | Jan Wouters, Katrien Meuwissen
Over the past twenty years, National Human Rights Institutions (NHRIs) have moved from the periphery to the centre of the human rights debate. The potential of NHRIs to transmit and implement international norms at the domestic level, and to transfer human rights expertise to regional and global human rights fora, is increasingly recognised. This book focuses on the functioning and role of NHRIs in Europe in a comparative, European and international perspective.
Book | 1st edition 2013 | Europe | Johannes Keiler
With the coming into force of the Treaty of Lisbon the competences of the European Union in the realm of criminal law have greatly expanded. The Union, in a multitude of legislative instruments, requires its Member States to criminalize a big variety of harmful conducts. Although the Union frequently refers to conduct, attempt and participation in its legislation, it fails to determine what these concepts should denote to. This book fills this lacuna by establishing what actus reus and rules on participation should look like in European criminal law.
A Right to External Self-Determination as a Remedy to Serious Injustices?
Book | 1st edition 2013 | United Kingdom | Simone van den Driest
It is increasingly suggested in literature that a right to unilateral secession, stemming from the right to self-determination of peoples, may arise as ultimum remedium in case of serious injustices suffered by a people. This book examines the conventional content and meaning of the right to self-determination and scrutinizes whether the various sources of international law disclose (traces of) a right to remedial secession.
Book | 1st edition 2013 | United Kingdom | Marjolein van Roosmalen, Ben Vermeulen, Fried van Hoof, Marten Oosting
Pieter van Dijk has devoted his working life to the theory and practice of fundamental rights and principles. Many of his friends and (former) colleagues have contributed to this volume. They have analyzed fundamental rights and principles from various perspectives, including preconditions for safeguarding fundamental rights, the interaction between the Strasbourg, Luxembourg and national courts and constitutional review.