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.
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.
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.
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.
Human rights, criminal procedural law and penitentiary law, comparative law
Book | 1st edition 2012 | United Kingdom | Piet van Kempen, Piet Hein van Kempen
Although no adequately functioning criminal justice system can presently do entirely without detaining any suspects, pre-trial detention remains problematic in the context of human rights, the detainee’s family and society. This volume offers a wide variety of topics that are relevant to pre-trial detention: developments that affect the application of pre-trial detention; relevant international and national human rights standards as well as monitoring systems; pre-trial detention of specific groups, and alternatives to pre-trial detention.
Book | 1st edition 2012 | United Kingdom | Tom Bennett, Eva Brems, Giselle Corradi, Lia Nijzink, Martien Schotsmans
This volume aims to produce a better understanding of the relationship between tradition and justice in Africa. It presents six contributions of African scholars related to current international discourses on access to justice and human rights and on the localisation of transitional justice. The contributions suggest that access to justice and appropriate, context-specific transitional justice strategies need to consider diversity and legal pluralism.
Book | 1st edition 2012 | World | Edda Kristjansdottir, André Nollkaemper, Cedric Ryngaert
This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements.
Rehabilitation, Reintegration and Reconciliation of War-Affected Children
Book | 1st edition 2012 | World | Ilse Derluyn, Cindy Mels, Stephan Parmentier, Wouter Vandenhole
The recruitment and operations of child soldiers have been hitting the headlines in politics and the media for many years. However, a much broader circle of children is affected by armed conflicts. Hence, the many challenges to deal with youth affected by armed conflict exceed by far the issue of the recruitment and demobilisation of child soldiers, but also extend to questions of rehabilitation, reintegration and reconciliation processes of all children and youths. This book brings together for the first time a wide range of leading scholars from three disciplinary perspectives (children’s rights, psychosocial studies and transitional justice) and aims at enhancing a multidisciplinary and comprehensive approach to the rehabilitation, reintegration and reconciliation processes of children and adolescents affected by armed conflict.
Book | 1st edition 2011 | United Kingdom | Tarlach McGonagle
This book offers a rigorous, theory-based, and uniquely comprehensive, analysis of European and international legal standards shaping minorities’ right to freedom of expression. The analysis pays particular attention to the instrumental role played by traditional and new forms of media in ensuring that the right to freedom of expression of persons belonging to minorities is effective in practice.
An analysis of the European Court of Human Rights and the Court of Justice of the European Union
Book | 1st edition 2011 | World | Hanneke Senden
Fundamental rights provisions are known for their relatively vague and general formulation. As a result, judges dealing with these provisions are confronted with many and often controversial interpretative choices. These interpretative choices already present judges operating in a national context with difficulties, but that is even more so for European judges of the ECtHR and the CJEU. This volume analyses the use legal interpretation methods and principles in the fundamental rights case law of the ECtHR and the CJEU.
In this book, Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945 and the evolution of its purposes, principles and policies since then.
A Contemporary Disability Human Rights Approach Applied to Danish, Swedish and EU Law and Policy
Book | 1st edition 2011 | Europe | Maria Ventegodt Liisberg
Based on an analysis of the newly-adopted UN Convention on the Rights of Persons with Disabilities and present-day interpretations of international and European human rights instruments, this book seeks to define a contemporary disability human rights approach for the field of employment.
Victim Participation in International Criminal Proceedings
Book | 1st edition 2011 | World | Brianne McGonigle Leyh
In early 2006, the Office of the High Commissioner for Human Rights called for more detailed research into the relevant international standards and national and international practices concerning the role of victims in criminal proceedings. In response to this call and the increased attention paid to victims at international criminal institutions, this study explores the role of victims in international criminal proceedings.
Equality and Social Justice in Societies Emerging from Conflict
Book | 1st edition 2011 | World | Gaby Oré Aguilar, Felipe Gómez Isa
This volume contributes thoughtful and rigorous research to the fundamental question how to apply truth, justice, reparations and institutional reform to fundamental – and often ancestral – inequalities in each transitional society.
