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International Human Rights Protection: Balanced, Critical, Realistic

International Human Rights Protection: Balanced, Critical, Realistic

Author: Marc Bossuyt
Publisher: Intersentia Publishers
ISBN: 9781780684000
Published In: September 2016
Format: Paperback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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International Human Rights Protection, addressed to judges and lawyers, diplomats and civil servants, researchers and students, is based on the author’s personal research and personal involvement with a wide range of subjects, such as the basic concepts of civil and social rights, discrimination and affirmative action, issues of procedure and jurisdiction and issues such as the death penalty and the protection of refugees, minorities and victims of armed conflicts. At the universal level, the book introduces the reader to the labyrinth of United Nations Charter-based and treaty-based procedures. As well as an overview of the Inter-American and African systems, it deals at the regional level particularly with the case law of the European Court of Human Rights in Strasbourg, and also looks at the national level at the case law of the US Supreme Court and the South African Constitutional Court.

This book adopts a particularly critical approach to the so-called “dynamic” interpretation of the European Convention on Human Rights by the Court of Strasbourg. It is the author’s feeling that judges, in particular those belonging to courts specialising in human rights, have a tendency to systematically support interpretations benefitting the applicants, while overlooking too easily the far-reaching implications of judgments for society as a whole. He prefers a more balanced and more realistic approach taking into account the difficulties democratic governments face in coping with the challenges of our present time and with the pressing needs of the realities of today’s world.

PART ONE. INTERNATIONAL PROTECTION OF HUMAN RIGHTS IN GENERAL. A.THE NORMATIVE FRAMEWORK

The Concept of Human Rights

Social Rights: A Specific Category of Human Rights?

The Prohibition of Discrimination

The Concept of Affirmative Action

PART ONE. INTERNATIONAL PROTECTION OF HUMAN RIGHTS IN GENERAL. B.THE INSTITUTIONAL FRAMEWORK

The UN Charter-Based Human Rights Bodies

The UN Human Rights Treaty Bodies

Regional Systems of Protection of Human Rights

PART TWO. SPECIFIC HUMAN RIGHTS PROTECTION. A.SOME SPECIFIC HUMAN RIGHTS ISSUES

Procedural Issues at the Durban Conference against Racism

The Internal Applicability of Human Rights Treaty Provisions