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Fragmentation and Integration in Human Rights Law: Users’ Perspectives

Fragmentation and Integration in Human Rights Law: Users’ Perspectives

Author: E. Brems; S. O. Chaib
Publisher: Edward Elgar Publishing
ISBN: 9781788113915
Published In: October 2018
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Description
Contents

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Contrary to how it is often portrayed, the concept of human rights is not homogeneous. Instead it appears fragmented, differing in scope, focus, legal force and level of governance. Using the lens of key case studies, this insightful book contemplates human rights integration and fragmentation from the perspective of its users.

The fragmentation of human rights law has resulted in an uncoordinated legal architecture that can create obstacles for effective human rights protection. Against this background, expert contributors examine how to make sense – in both theoretical and practical terms – of these multiple layers of human rights law through which human rights users have to navigate. They consider whether there is a need for more integration and the potential ways in which this might be achieved. The research presented illustrates the pivotal role that users play in shaping, implementing, interpreting and further developing human rights law.

Offering an innovative perspective to the debate, this book will appeal to both students and academics interested in human rights and the methodological approaches that can be used in furthering its research. Practitioners and policy makers will also benefit from the forward thinking insights into how an integrated approach to human rights could look.

Introduction

Saïla Ouald-Chaib

1. Methodologies to study human rights law as an integrated whole from a users’ perspective: lessons learnt

Ellen Desmet

2. Understanding International Criminal Law from a User’s’ Perspective: Pluralism Due to Contestation, Integration through Collaboration

Mathias Holvoet & Paul De Hert

3. Fragmentation, Harmonization and the Users’ Perspective: The Munduruku Peoples’ View on Land and the Developing Standards on Indigenous Peoples’ Land Rights Derek Inman, Stefaan Smis and Edson Krenak Dorneles

4. Multi-level renegotiation of human rights – a users’ perspective on the interconnectedness between the fragmentation and integration of human rights law

Barbara Oomen

5. Human Rights Integration action: making equality law work for trans people in Belgium

Emmanuelle Bribosia and Isabelle Rorive

6. Between assimilation and exclusion: is there room for an ‘integrated’ approach towards constitutional and international protection of human rights?

Sébastien Van Drooghenbroeck and Olivier Van der Noot

7. Smart Human Rights Integration

Eva Brems

Index