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The Admissibility of Human Rights Petitions

The Admissibility of Human Rights Petitions
Author: Tom Zwart
Publisher: Martinus Nijhoff Publishers
Total Pages: 264
Release: 2022-06-08
Genre: Law
ISBN: 9004482237

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Both global and regional human rights treaties have established international institutions offering recourse if a State party fails to comply with its obligations under the treaty. Many of these institutions have jurisdiction to consider complaints brought by individuals claiming that a State party has violated the rights enumerated in the treaty. However, these same institutions appear no longer merely to confine themselves to considering individual petitions. Due to the growing number of complaints, they have become increasingly preoccupied with managing their workload. The present volume focuses attention on two international institutions, one regional (the European Commission on Human Rights), and one global (the Human Rights Committee). It thoroughly examines the admissibility conditions of both the Commission and the Court by means of their case law and discusses possible changes which might reduce this case load. Chapter 2 discusses the procedural aspects of both systems, in particular, the division of labour and the various stages of the proceedings. Chapters 3-9 explore the case law of both organs concerning admissibility conditions, and such topics as competence ratione personae (including standing, the victim requirement and State responsibility), competence ratione temporis, competence ratione materiae, inadmissibility pendente lite and the exhaustion of local remedies.


Human Rights

Human Rights
Author: M. E. Tardu
Publisher:
Total Pages: 922
Release: 1979
Genre: Civil rights
ISBN:

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This service analyzes the UN complaint procedures open to individuals and NGOs for the protection of human rights. Some of the topics include, among others: an overview of the International Petition System, and its historical development, and the UN machinery against racial discrimination, the communication procedure of the commission on the status of women.


European Protection of Human Rights

European Protection of Human Rights
Author: Laurids Mikaelsen
Publisher: BRILL
Total Pages: 296
Release: 1980-01-01
Genre: Law
ISBN: 9789028604094

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Forty years ago the European Convention for the Protection of Human Rights & Fundamental Freedoms came into force. It was born of the shared conviction that breaches of the most elementary human rights, such as had been experienced in the 1930s & '40s, should never be allowed to occur again. The Convention & the control bodies responsible for ensuring the observance of the engagements undertaken by the contracting States have had a profound influence on democratic European society in the latter half of this century, & have had repercussions outside Europe too; indeed the European system of human rights protection has served as a model or basic reference text for other regional systems. The European System for the Protection of Human Rights is a unique collection of essays by some of the most outstanding scholars & practitioners in the field of European Human Rights. Its aim is not only to sum up forty years of European experience in the collective endeavour to protect human rights, but above all to stimulate critical thinking about that experience & to review whether the Convention sytem as it stands is still fitted to meet the needs of European society in the coming millenium.


Bringing a Case to the European Court of Human Rights

Bringing a Case to the European Court of Human Rights
Author: European Court of Human Rights
Publisher:
Total Pages: 0
Release: 2014
Genre: Human rights
ISBN: 9789462401990

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"As of 1 November 2014, about 78,000 applications were pending before a judicial formation of the Court. Although the Court's docket has been reduced by nearly 50% over the last three years, this still represents a very significant number of cases to be brought before an international tribunal and continues to threaten the effectiveness of the right of petition enshrined in the Convention. The vast majority of cases (92% in 2013) will be rejected by the Court on one of the grounds of inadmissibility. Such cases clog up the Court's docket and obstruct the examination of more deserving cases where the admissibility requirements have been satisfied and which may concern serious allegations of human-rights violations. The 2010 Interlaken Conference on the reform of the Court called upon the 'States Parties and the Court to ensure that comprehensive and objective information is provided to potential applicants on the Convention and the Court's case-law, in particular on the application procedures and admissibility criteria'. The Court's first response to the call was to prepare a Practical Guide on Admissibility Criteria which clearly sets out the rules and case-law concerning admissibility. This third edition covers case-law up to 1 January 2014 and the stricter procedural conditions for applying to the Court which came into force on that date. Practitioners and prospective applicants should study this Practical Guide carefully before deciding to bring a case before the European Court of Human Rights"--Unedited summary from book cover.


The Practice and Procedure of the Inter-American Court of Human Rights

The Practice and Procedure of the Inter-American Court of Human Rights
Author: Jo M. Pasqualucci
Publisher: Cambridge University Press
Total Pages: 461
Release: 2013
Genre: Law
ISBN: 1107006589

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A thoroughly revised second edition that incorporates the major changes made in the procedures and practice of the Inter-American Court. Jo M. Pasqualucci analyzes all aspects of the Court's advisory jurisdiction, contentious jurisdiction and provisional measures orders through 2011. She also compares the practice and procedure of the Inter-American Court with that of the European Court of Human Rights, the Permanent Court of Justice and the United Nations Human Rights Committee. She evaluates changes in the Rules of Procedure of the Inter-American Court that entered into force on January 1, 2010, and which substantially change the role of the Inter-American Commission in contentious cases before the Court. She also evaluates the challenges and means of State compliance with the Court's innovative reparations orders. Featuring revisions to every chapter to address the major changes, this book will provide an important and updated resource for scholars, practitioners and students of international human rights law.


The Inter-American System of Human Rights

The Inter-American System of Human Rights
Author: David John Harris
Publisher: Oxford University Press on Demand
Total Pages: 588
Release: 1998
Genre: Political Science
ISBN: 9780198265528

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This book, which can be used as a text for teaching purposes, gives a fascinating, and authoritative treatment both the rights protected by the Inter-American system and of the way in which its institutions work. An important part of the book is a thorough, article by article account of the guarantee in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights of civil, political, economic, social and cultural rights in the light of the jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights, and of the Commission's many country reports on the human rights situation in particular states. There are also chapters on the rights of indigenous peoples, amnesty laws and states of emergencies. The evolution and current methods of work of the Commission and the Court are set out at length and their achievements are critically assessed. The role of non-governmental organisations is also examined in this context. The book will be invaluable to all those interested in the protection of human rights in the Americas and international human rights law generally.


Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.


Doctrine, Practice, and Advocacy in the Inter-American Human Rights System

Doctrine, Practice, and Advocacy in the Inter-American Human Rights System
Author: James L. Cavallaro
Publisher: Oxford University Press
Total Pages: 928
Release: 2019-06-20
Genre: Law
ISBN: 0190900873

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Doctrine, Practice and Advocacy in the Inter-American Human Rights System is the first casebook to focus on the Inter-American human rights system, the primary system for advancing and protecting rights in the Western hemisphere. Created by the Organization of American States, the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights are autonomous and independent bodies that make up the Inter-American system. Together, they play a vital role, working closely with victims, civil society, and states to protect fundamental human rights in the Western hemisphere, particularly in Latin America. While the system is relatively unknown in legal academia in the United States and Canada, its study is mandatory in most law schools in the Americas. Government appointees, civil servants, high level actors, private attorneys, judges and legal scholars, and media regularly engage with the system in Latin America, implementing its determinations and applying its rulings and interpretations concerning the human rights of their citizens. Thus critical matters affecting vital rights, such as the peace process in Colombia, disappearances in Mexico, gang violence in the Northern Triangle (El Salvador, Honduras, and Guatemala) or trials for perpetrators of crimes against humanity in Argentina, all directly involve the rulings and actors of the Inter-American system. Increasingly, the Inter-American system has advanced rights protection in the United States and Canada. The statements and determinations of the Inter-American Commission on the detention center at Guantanamo, for example, led to a global consensus opposing the prolonged use of pretrial detention at that site, while the Commission's ruling on the juvenile death penalty was cited by the United States Supreme Court in its holding finding that practice unconstitutional. A report by the Commission on murdered and missing indigenous women in British Columbia led to the creation of a National Commission of Inquiry on the subject by Canada. This book provides analysis on a wide range of practical issues that advocates face when interacting with the Commission or Court and explores current debates on possible reforms of the system. At the same time, it provides materials that consider the political dynamics that empower and constrain the system. Doctrine, Practice and Advocacy in the Inter-American Human Rights System takes as its point of departure a critical look at the real-world successes and failures of the system and human rights advocates in the Americas, including the tensions and trade-offs commonly confronted by activists as they seek to advance human rights.


Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 31 (2015)

Inter-American Yearbook on Human Rights / Anuario Interamericano de Derechos Humanos, Volume 31 (2015)
Author: Inter-American Commission on Human Rights
Publisher: BRILL
Total Pages: 996
Release: 2022-08-22
Genre: Law
ISBN: 9004530533

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The 2015 Inter-American Yearbook on Human Rights provides an extract of the principal jurisprudence of the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights. Part One contains the Decisions on the Merits of the Commission, and Part Two the Judgments and Decisions of the Court. The Yearbook is published as an English-Spanish bilingual edition. The print edition is available as a set of three volumes (9789004338524).