International Human Rights Law: Theory and PracticeSpringer Nature, 29 sept. 2021 - 544 pagini This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order. The book’s dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law on the entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes “fundamental” human rights (Part V), without neglecting other rights (Part VI). |
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... constitute an impassable minimum for every human being that the law must protect at any cost.3 These definitions are rather similar; however, they do not seem sufficiently precise to clearly distinguish human rights from other “ordinary ...
... constitutes a central and universal value for the contemporary interna- tional community. Therefore, the principle of the universality of human rights can be considered a second guiding principle of international human rights law ...
... constitutes, in whole or in part, a self-contained regime; that is, a special regime which is in itself closed and sufficient, which excludes recourse to norms other than those proper to the regime in question, and then also excludes ...
... constituting in some respects a regime that may derogate from general international law, on the basis of the criterion of specialty, is nevertheless part of the general system and interacts with that system and other specific regimes ...
... constitutes a strong push towards a “public” (or, according to some, “vertical” or “constitutionalist”) nature of international law. 2.3.3.2 Jus Cogens and Fundamental Values A similar argument can be made for the concept of jus cogens ...
Cuprins
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17 | |
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49 | |
4 Treaties | 64 |
5 Sources Envisaged in International Treaties | 111 |
6 Soft Law | 119 |
Part III International Obligations | 123 |
15 Protection of Basic Needs and Subsistence Rights of the Person | 309 |
16 Protection of Liberty and Security of the Person | 329 |
17 Essential Judicial Protection of the Person | 342 |
18 Protection of the Essential Identity of the Person | 373 |
19 Protection of the Will and Identity of Peoples | 387 |
Part VI Other Human Rights | 395 |
20 Protection of Private and Family Life | 396 |
21 Protection of Intellectual and Cultural Activities | 405 |
7 Personal Scope of Obligations | 125 |
8 Content and Nature of the Obligations Various Categories and Their Validity | 134 |
9 Spatial Scope of Obligations | 155 |
Part IV Conventional Human Rights Systems Treaties Organs and Procedures | 177 |
10 The United Nations System | 178 |
11 The European System of Human Rights | 211 |
12 Other Regional Human Rights Systems | 225 |
Part V Fundamental ́ ́ Human Rights | 235 |
13 Distinctions Between Human Rights Categories | 237 |
14 Protection of Life and Physical Integrity of the Person | 253 |
22 Protection of Political Activities | 423 |
23 Protection of Economic Activities | 432 |
24 Protection of Freedom of Movement | 445 |
25 Collective Human Rights and Political Objectives of the International Community | 473 |
1 Websites | 503 |
2 Table of Cases | 505 |
3 Table of TreatyBodies ́ Comments and Recommendations | 527 |
Selective Bibliography | 530 |
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