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Integrated Human Rights in Practice: Rewriting Human Rights Decisions

Integrated Human Rights in Practice: Rewriting Human Rights Decisions

Author: Eva Brems; Ellen Desmet
Publisher: Edward Elgar Publishing
ISBN: 9781786433794
Published In: September 2017
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies.

The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, 'as if human rights law were really one', borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.

1. Introduction: Rewriting Decisions from a Perspective of Human Rights Integration

Eva Brems

Part I Civil and political rights

2. Questions of Method : the Use of “External Sources” in National Union of Rail, Maritime and Transport Workers v the United Kingdom (ECtHR)

Sébastien Van Drooghenbroeck, Frédéric Krenc and Olivier Van der Noot

3. Standing Alone or Together: The Human Rights Committee’s Decision in A.P. v Russian Federation

Gerald L. Neuman

4. Use of comparative authority in the drafting of judgments of a new regional human rights court. African Court on Human and Peoples’ Rights, Zongo v Burkina Faso

Magnus Killander

5. Same-Sex Marriage in Polarised Times: Revisiting Joslin v New Zealand (HRC)

Malcolm Langford

Part II Economic and Social Rights

6. Caring, rescuing or punishing? Rewriting R.M.S v Spain (ECtHR) from an integrated approach to the rights of women and children in poverty

Valeska David

7. Re-imagining human rights responsibility: shared responsibility for austerity measures in Federation of employed pensioners of Greece (IKA-ETAM) v Greece (ECSR)

Wouter Vandenhole

Part III Women’s rights

8. Yilmaz-Dogan v The Netherlands (CERD): forum shopping and intersecting grounds of discrimination thirty years later

Rhona Smith

9. Developing the full range of state obligations and integrating intersectionality in a case of involuntary sterilization. CEDAW Committee, 4/2004, AS v Hungary

Eva Brems

10. Objection ladies! Taking IPPF-EN v Italy (ECSR) one step further

Emmanuelle Bribosia, Ivana Isailovic and Isabelle Rorive

Part IV Disability rights

11. Rewriting CLR on behalf of Valentin Campeanu v Romania (ECtHR): actio popularis as ultimum remedium to enhance access to justice of victims with a mental disability

Helena De Vylder

12. Integrating disability and elder rights into the ECHR: rewriting McDonald v the United Kingdom (ECtHR)

Marijke De Pauw and Paul De Hert

13. Another look at Glatzel (ECJ). Of principles and discriminations

Antoine Bailleux and Isabelle Hachez

Part V Indigenous peoples’ rights

14. Taking seriously indigenous peoples’ right of self-determination and the principle of ‘free, prior and informed consent’. Human Rights Committee, 2102/2011, Paadar et al. v Finland

Martin Scheinin

15. Rewriting Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (African Commission on Human and Peoples’ Rights): Pushing Indigenous Peoples’ Rights in Africa Forward

Stefaan Smis and Derek Inman

16. Moving Human Rights Jurisprudence to a Higher Gear: Rewriting the case of the Kichwa Indigenous People of Sarayaku v Ecuador (Inter-Am. Ct HR)

Lieselot Verdonck and Ellen Desmet

Index