International Human Rights Law

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This comprehensive volume rigorously examines jurisprudence from UN treaty bodies, the European Court of Human Rights, and the Inter-American and African human rights bodies. Offering a complete and detailed panorama, this volume is an essential resource for understanding the procedures and impact of global human rights protection mechanisms.

Contenu

Part I. Foundations of International Human Rights Law: Title 1. Theoretical elements of international human rights law: 1. The elusive theory of human rights; 2. The idea of human rights; 3. Exploring the elusive foundations of human rights; 4. The pragmatic approach of international human rights law; Title 2. Normative pluralism in international human rights law: 1. The treaty-based structure of international human rights law norms; 2. Non-conventional formation of international human rights law; 3. Judicial decisions as primary source of IHRL; 4. The place of soft law standards in IHRL; Title III. The relationships between IHRL and other branches of international law: 1. The relationship with international humanitarian law and international criminal law; 2. International human rights law and other fields of international law; Part II. The Machinery of International Human Rights Law: Title 1. The Institutional architecture of the international protection of human rights: 1. The Universal system of human rights; 2. The European protection of human rights; 3. Inter-American protection of human rights; 4. The African protection of human rights; 5. The protection of human rights within in the Asia-Pacific; 6. The Arab-Muslim protection of human rights; Title 2. International Human Rights Litigation: 1. Diversity of the International complaints mechanisms; 2. Conditions to the jurisdiction of the international bodies; 3. Conditions of admissibility of international complaints; 4. Examination of the claim by international bodies; Part III. The Interpretation of International Human Rights: Title 1. The hermeneutics of international human rights organs: 1. The interpreters of international human rights law; 2. The interpretation of norms of international human rights law; Title 2. International Legal Regime of Human Rights and Freedoms: 1. States' general obligations; 2. The conditions for engaging the international responsibility of the state for human rights violations; 3. The enjoyment and exercise of rights and freedoms regime; Title 3. Rights and freedoms: 1. The principle of equality and the right to non-discrimination; 2. Right to life; 3. The right to integrity; 4. The prohibition of slavery, servitude, forced labor and trafficking in human beings; 5. Rights relating to personal freedom; 6. Civil rights; 7. Political rights; 8. Economic, social, cultural and environmental rights; 9. The right to domestic judicial protection; Part. IV. Remedies and Implementation of the International Human Rights Decisions: Title 1. Reparation of human rights violations: 1. The principle of full reparation; 2. Reparation of the harm suffered; Title 2. The enforcement of decisions rendered on the basis of an international litigation action: 1. Judicial review of international decision: the Inter-American Court of Human Rights Model; 2. Hybrid monitoring of international decisions: The African Court of Human and Peoples' Rights Model; 3. Political control tending towards judicialization: the model of the European Convention on Human Rights; 4. Political and diplomatic control of the implementation of international decisions: the practice of the quasi-judicial bodies.