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Responding to Systemic Human Rights Violations

Responding to Systemic Human Rights Violations
Author: Philip Royston Leach
Publisher:
Total Pages: 244
Release: 2010
Genre: Law
ISBN:

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As a response to widespread structural or endemic human rights violations, in 2004 the European Court began to issue pilot judgments, the aim of which was not only to exert further pressure on national authorities to tackle systemic problems, but also to stop the European Court itself being inundated with the same types of cases. This analyses the principal characteristics of the pilot judgment procedure and its application in key cases to date.


Responding to Human Rights Violations, 1946-1999

Responding to Human Rights Violations, 1946-1999
Author: Katarina Tomaševski
Publisher: BRILL
Total Pages: 438
Release: 2021-10-05
Genre: Law
ISBN: 9004478655

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This volume maps out the response of states to human rights violations. It covers the period 1946-1999 and offers a complete and unmatched record for this period. Its starting point is that such responses are not established and accepted state practice. Traditional, if unwritten, norms of states' behaviour developed through centuries of silence and inaction; the prevalent reaction to human rights violations by another state remains the absence of any response. Furthermore, this book probes into evidence of active and passive complicity by reviewing aid to countries in which violations have been taking place and diplomatic initiatives undertaken to shield violators from public opprobrium. Since international law is generated through state practice, the book highlights the ongoing tussle between the pre-1946 heritage of silence and inaction and the 1946-1999 haphazard pattern of responses to violations.


Remedies for Human Rights Violations

Remedies for Human Rights Violations
Author: Kent Roach
Publisher: Cambridge University Press
Total Pages: 633
Release: 2021-04-08
Genre: Law
ISBN: 1108417876

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Justifies a two-track approach that includes individual and systemic remedies in both domestic and international human rights law.


Alternative Approaches to Human Rights

Alternative Approaches to Human Rights
Author: Christopher Roberts
Publisher: Cambridge University Press
Total Pages: 257
Release: 2022-11-24
Genre: Political Science
ISBN: 1009080695

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This book explores the comparative historical evolution of the European, Inter-American and African regional human rights systems. The book devotes attention to various factors that have shaped the systems: the different circumstances in which they were founded; the influence of major states and inter-state politics within their respective regions; gradual processes of institutional evolution; and the impact of human rights advocates and claimants. Throughout, the book devotes careful attention to the impact of institutional and procedural choices on the functioning of human rights systems. Overarchingly, the book explores the contextually-generated differences between the three systems, suggesting that human rights practice is less unitary than it might at times appear. Prescriptively, the book proposes that, contrary to the received wisdom in some quarters, the Inter-American system's dual-track approach may provide the most promising model in regards to future human rights system design.


International Human Rights Law and Practice

International Human Rights Law and Practice
Author: Ilias Bantekas
Publisher: Cambridge University Press
Total Pages: 1033
Release: 2024-02-15
Genre: Law
ISBN: 1009306383

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Now in its fourth edition, this well-respected textbook blends the theory of human rights with its context, debates and practice.


Understanding Human Rights Violations

Understanding Human Rights Violations
Author: Steven C. Poe
Publisher: Routledge
Total Pages: 290
Release: 2019-06-04
Genre: Political Science
ISBN: 1351143794

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Originally published in 2004. This excellent volume presents a systematic analysis of various human rights violations around the globe, focusing on security and subsistence rights. The book collects important contributions to the theoretical development of the human rights phenomenon, covering a wide range of human rights issues and research approaches. The research presented combines a variety of qualitative and quantitative approaches and brings together both theoretical and empirical work. It places particular emphasis on making the advanced statistical methods that are used to test the arguments accessible to a wider readership. Understanding Human Rights Violations will prove a useful tool for all in the fields of international human rights, peace studies, political violence and international law, and offers a valuable introduction into the literature on human rights violations.


Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice

Guarantees of Non-Repetition in International Human Rights Law and Transitional Justice
Author: Nita Shala
Publisher: Taylor & Francis
Total Pages: 165
Release: 2024-06-07
Genre: Law
ISBN: 104003005X

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This book examines the understudied, yet increasingly applied, concept of Guarantees of Non-Repetition under international human rights law and transitional justice. Guarantees of Non-Repetition (GNRs) are measures taken to ensure that human rights abuses do not recur. They are especially crucial in post-war contexts marked by severe and systematic violations. However, although they are increasingly invoked, GNRs are not well understood, and they have so far received only limited theoretical and practical analysis. Tracing their development to the influence of international human rights law, this book considers what GNRs are, how and why they have come about, and how GNRs are implemented. Through an explication of the history, law and jurisprudence of GNR’s – in regional mechanisms in Latin America, Europe, and Asia, as well as in international bodies – the book maintains the increasing importance, and as yet unfulfilled potential, of this legal obligation in transitional justice settings. This first book to analyse the development of GNRs and their application will appeal to scholars in the areas of law and transitional justice, public policy, and socio-legal studies, as well as lawyers and policy-makers working in post-conflict situations.


International Human Rights Law and Structural Discrimination

International Human Rights Law and Structural Discrimination
Author: Elisabeth Veronika Henn
Publisher: Springer
Total Pages: 240
Release: 2019-07-03
Genre: Law
ISBN: 3662586770

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International courts and other actors are increasingly taking into account pre-existing social structures and inequalities when addressing and redressing human rights violations, in particular discrimination against specific groups. To date, however, academic legal research has paid little attention to this gentle turn in international human rights law and practice to address structural discrimination. In order to address this gap, this study analyses whether and to what extent international and regional human rights frameworks foresee positive obligations for State parties to address structural discrimination, and, more precisely, gender hierarchies and stereotypes as root causes of gender-based violence. In order to answer this question, the book analyses whether or not international human rights law requires pursuing a root-cause-sensitive and transformative approach to structural discrimination against women in general and to the prevention, protection and reparation of violence against women in particular; to what extent international courts and (quasi)judicial bodies address State responsibility for the systemic occurrence of violence against women and its underlying root causes; whether or not international courts and monitoring bodies have suitable tools for addressing structural discrimination within the society of a contracting party; and the limits to a transformative approach.


Judging International Human Rights

Judging International Human Rights
Author: Stefan Kadelbach
Publisher: Springer
Total Pages: 663
Release: 2019-04-15
Genre: Law
ISBN: 3319948482

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This book attempts to establish how courts of general jurisdiction differ from specialized human rights courts in their approach to the implementation and development of international human rights. Why do courts of general jurisdiction face particular problems in relation to the application of international human rights law and why, in other cases, are they better placed than specialized human rights courts to act as guardians of international human rights? At the international level, this volume focusses on the International Court of Justice and courts of regional economic integration organizations in Europe, Latin America and Africa. With regard to the judicial implementation of international human rights and human rights decisions at the domestic level, the contributions analyze the requirements set by human rights treaties and offer a series of country studies on the practice of domestic courts in Europe, the Americas, Africa and Asia. This book follows up on research undertaken by the International Human Rights Law Committee of the International Law Association. It includes the final Committee report as well as contributions by committee members and external experts.