Book | 1st edition 2013 | United Kingdom | Giorgio Repetto
In recent years the European Convention on Human Rights gained unexpected relevance in the European constitutional culture. On the one hand its increasing importance is closely linked to institutional reforms that strengthened the European Court of Human Rights’ reputation vis-à-vis the Member States. On the other hand, and even more importantly, the ECHR’s significance arises from a changing perception of its constitutional potential. This volume examines the different facets of the ECHR’s constitutional relevance by separating the ECHR’s role as a ‘factor of Europeanisation’ for national constitutional systems from its role as a veritable European transnational constitution in the field of human rights.
Book | 1st edition 2013 | United Kingdom | Patrick Keyzer
In any society some people pose a risk to others. For hundreds of years preventive detention has been authorised by governments to ensure people are available for criminal proceedings (e.g. remand), in the mental health area, for quarantine, for inebriates, enemy aliens and sexual predators. This book asks and answers some of the fundamental questions about these regimes.
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.
Human rights proofing legislation. Comparing the United Kingdom and the Netherlands
Book | 1st edition 2013 | United Kingdom | Gijsbert ter Kuile
This books asks the question how consideration is given to the human rights compatibility of parliamentary legislation? It concentrates on the institutional legislative processes of the UK and the Netherlands , with their formal procedures and formal institutions.
Book | 1st edition 2013 | United Kingdom | Sisay Alemahu Yeshanew
Underscoring the generally poor socio-economic conditions in most African states, this book argues that the justiciability of ESC rights in the African regional human rights system plays a subsidiary role in ensuring social justice and the accountability of public authorities in the states of the continent. It marries theory and practice relating to the normative, institutional and procedural aspects of the justiciability of ESC rights in exploring the actual and potential relevance of the African human rights system to the amelioration of impoverishment, disease, illiteracy, homelessness, starvation, marginalization and other related problems that may be framed in terms of violation of ESC rights.
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.
Book | 1st edition 2013 | World | Anne-Marie de Brouwer, Charlotte Ku, Renée Römkens, Larissa Van Den Herik
This edited volume will focus on developments in the prosecution of cases of sexual violence in (post-)conflict situations. The prosecution of those cases raises new and challenging questions as to how to build evidence, but also how to address victims’ concerns in that process. It will address innovations and challenges of empirical and other new kinds of social scientific, archival and medical data collection techniques; the development of evidence in relation to charges ranging from sexual violence as a war crime to genocide; and evidentiary and procedural differences and difficulties involved in prosecuting sexual victimization in domestic versus international courts.
Volume in honour of Fried van Hoof on the occasion of his valedictory lecture and the 30th anniversary of the Netherlands Institute of Human Rights
Book | 1st edition 2012 | United Kingdom | Ida Lintel, Antoine Buyse, Brianne McGonigle Leyh
The Netherlands Institute of Human rights (SIM) celebrates its 30th anniversary together with the valedictory lecture of one if its pioneers, Fried van Hoof. In 30 years the role of the regional human rights instruments and institutions has changed: their impact increased and thus more debate on their roles takes place. As the instruments and institutions are never a goal as such, but tools to increase social justice, the question has been raised what is, or should be their contribution to social justice? The speakers of the Conference on the occasion of the 30th anniversary of SIM and some of Fried van Hoof’s former Ph.D candidates shed their light on various aspects of this question.
A Comparative Analysis of Dutch, English and French Justifications for Limiting the Freedom of Public Officials to Display Religious Symbols
Book | 1st edition 2012 | United Kingdom | Hana M.A.E. van Ooijen
Religious symbols have generated controversy in many circles, be they religious or secular, public or private, and within or outside academia. This book singles out a particularly contentious issue: religious symbols in public functions and focuses on the judiciary, the police and public education.
A Comparison of EU Law and the ECHR in the Field of Non-Discrimination and Freedom of Religion in Public Employment with an Emphasis on the Islamic He
Book | 1st edition 2012 | Europe | Sarah Haverkort-Speekenbrink
Contemporary multicultural issues in Europe raise the question whether the overlap between the non-discrimination regimes of the European Union (EU) and the Council of Europe in the field of public employment may lead to conflicting case law. Would the Court of Justice of the European Union (ECJ) and the European Court of Human Rights (ECtHR) address potential sex, race and religious discrimination in a similar manner or would the Courts take a different approach?
Book | 1st edition 2012 | United Kingdom | Hendrik J. Lubbe, Hendrik Lubbe
The process of the transformation, reconciliation, development and reconstruction of South African society had not been finalised when the Truth and Reconciliation Commission (TRC) and the Amnesty Committee had reached the end of their mandates in 1998 and 2003 respectively. It is therefore imperative to implement measures to address "unfinished business" which should be approached in such a manner that the initiatives complement and build upon the work of the TRC. The main objective of this book is to examine the manner in which the post-TRC phase in South Africa has unfolded and to answer the question of whether or not South Africa's post-TRC initiatives (or lack thereof) are in compliance with both national and international law.
Book | 1st edition 2012 | United Kingdom | Ingrid Westendorp
The Convention on the Elimination of All Forms of Discrimination Against Women is a treaty for all girls and women in this world. After 30 years, the Convention on the Elimination of All Forms of Discrimination Against Women is still valid and necessary both in developed and in developing States. This image is clearly conveyed by the authors of this book who represent a wide variety of national and cultural backgrounds, and who have put the implementation of the provisions in the Convention to the test both in modern and in traditional societies.
Book | 1st edition 2012 | World | Toshiyuki Kono, Steven Van Uytsel
This book fills a gap in the literature on how the Convention for the Protection and Promotion of the Diversity of Cultural Expressions positions itself within the bigger field of public international law. Several studies have been undertaken regarding the relationship of this Convention with the trade regime. However, the drafting process of the Convention brought many more than only trade issues to the forefront, such as heritage law, human rights law, or development law issues. This book investigates to what extent the Convention has impact on these various fields of law and thus aims at clarifying the Convention’s contribution to the fragmentation of public international law.
Right to Self-Determination versus Right to Intervention
Book | 1st edition 2012 | United Kingdom | Pauline Jacobs
Hunger strikes are not an uncommon phenomenon where people are deprived of their liberty. If the hunger strike is prolonged, the government, but also prison officials, physicians and nursing staff, can feel a particular urge – for a variety of reasons – to intervene through the use of force-feeding. Where prisoners or detainees are on hunger strike, the dilemma between, on the one hand, the responsibility of the State and caretakers involved in the health of the hunger striker and, on the other hand, the individual right to self-determination of the prisoner or detainee himself,, is most intense. This book is the result of an in-depth study into the human rights aspects of the issue of force-feeding prisoners and detainees on hunger strike, from a European and international perspective.
Corruption currently receives an increasing amount of attention from scholars and practitioners in various disciplines, including law. While the phenomenon is as old as mankind, the last fifteen years saw the rise of many anti-corruption treaties, aimed at criminalisation, prevention and cooperation. At the same time, there seems to be relatively little work done on corruption in the field of human rights law or international criminal law. This book argues that these areas of law can certainly contribute to fighting corruption, by giving a human face to both victims and perpetrators.1
Book | 1st edition 2012 | Europe | Lisa Waddington, Gerard Quinn, Eilionoir Flynn
This Yearbook consists of a review of the preceding year’s significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, studies and other publications, legislative proposals, and case law from the European Court of Justice and the European Court of Human Rights.
The need for a case by case approach in the interests of human rights
Book | 1st edition 2012 | United Kingdom | Vera Vriezen
The manner in which South Africa dealt with its past and the process of granting amnesty through the Truth and Reconciliation Commission is generally considered legitimate. This is not the case, however, for many other amnesties granted in times of political transition or in post-conflict situations. National efforts to establish peace and democracy often clash with international legal demands. The core question of this study is what kind of amnesty laws can be considered legitimate in the light of the need to combine respect for human rights and the rule of law with the need to restore peace and public order.
Book | 1st edition 2012 | United Kingdom | Maite San Giorgi
The right to equal access to health care is a fundamental principle that is part of the human right to health care. For victims of a violation of the human right to equal access to health care it is important that a judicial or quasi-judicial human rights body can adjudicate their complaints in this regard. This book analyses the justiciability of the human right to equal access to health care. It examines how cases concerning unequal access to health care would be dealt with by judicial and quasi-judicial human rights bodies and distils the elements that can be expected to play a role in the assessment of such cases.
Book | 1st edition 2012 | United Kingdom | Fons Coomans, Rolf Künnemann
This book presents a range of cases in which the actions or omissions of States have impact on the enjoyment of human rights outside their national territory, raising the question of whether, and under which conditions, such conduct may engage the international responsibility of the States concerned. When the Maastricht Principles on Extraterritorial Obligations of States in the area of Economic, Social and Cultural Rights were adopted on 28 September 2011, it is these cases, among others, that the experts who developed these principles had in mind.
