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The Protection Role and Jurisprudence of the United Nations Human Rights Council

The Protection Role and Jurisprudence of the United Nations Human Rights Council

Author: Bertrand G. Ramcharan
Publisher: Brill Nijhoff
ISBN: 9789004504943
Published In: May 2022
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

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Contents

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This book places under scrutiny for the first time, whether, and how, the United Nations Human Rights Council actually contributes to the protection of human rights in the face of pervasive gross violations world-wide. It finds that the Council does little of preventive protection, some mitigatory protection, and little remedial or compensatory protection. The Council's response to situations of gross violations depends on the political alignments within its membership for each situation. The Council gives priority to cooperation and dialogue over principled denunciations of gross violations. It is not an organ of justice, but in some instances it is an organ for justice, inasmuch as it addresses the structural causes of violations. Much useful fact-finding takes place under the auspices of the Council, and it does contribute to the progressive development of international law.

Challenges of Protection

Foreword

Preface

Introduction

Promoting Protection

Introduction

The Universal Periodic Review

Standard-Setting

Cooperation with National Human Rights Institutions

Business and Human Rights

Indigenous Populations

Minorities

Slavery and Slavery-Like Practices

Racism and Racial Discrimination

10.

Human Rights Defenders

11.

Studies

12.

Human Rights Education and Training

13.

Country Rapporteurs, Thematic Rapporteurs and Working Groups

14.

World Campaign on Human Rights

15.

Cooperation with Related UN Organs

16.

Cooperation with Regional Human Rights Bodies

17.

Conclusion

Universality

Introduction

The Universal Periodic Review

Philosophical Universality

Universality of Human Rights under International Law: The International Bill of Human Rights

Challenges to Universality

Defending Universality

6.1 The Democratic Test Of Universality

6.2 The Bases of Universality

6.3 Challenges of Implementation

6.4 Normative Universality

6.5 Universality in the UN Human Rights Council: The upr Process

6.6 Political Universality

6.7 The Universality of International Law

6.8 Populism and Universality

6.9 Global Poverty and Universality

6.10 Gross Violations of Human Rights and Universality

6.11 Democratic Universality/Peoples' Universality

6.12 Universality as an Idea

6.13 Universality as a Goal

6.14 Universality as a Normative Concept

Conclusion

Protection

Introduction

Efforts for International Protection

The Human Rights Council

High Commissioner's Updates to the Human Rights Council on Situations of Concern

Protection Activities of Special Procedures of the Council

Conclusion

Prevention

Introduction

Pronouncements of the Council on Prevention

Preventive Actions of Special Procedures of the Council

Early Warning from the UN High Commissioner

Tackling Root Causes of Violations

Conclusion

Urgent Action

Introduction

Special Sessions of the Council

Urgent Actions by the President of the Council

Urgent Actions by the High Commissioner at the Request of the Council

Conclusion

Good Offices

Introduction

Urgent Communications to Governments

Confidential Complaints Procedure

Good Offices by the President of the Human Rights Council

Conclusion

Fact-Finding

Introduction

Principles of Fact-Finding

2.1 Do No Harm

2.2 Independence

2.3 Impartiality

2.4 Transparency

2.5 Objectivity

2.6 Confidentiality

2.7 Credibility

2.8 Visibility

2.9 Integrity

2.10 Professionalism

2.11 Consistency

The Special Procedures and Commissions of Inquiry

Conclusion

Redress

Introduction

Principles of Redress

Right to Truth

Expressions of Concern Over, or Condemnation of Gross Violations

Accountability

Transitional Justice

Evaluation

Conclusion

Justice

Introduction

The Decline of Democracy in the World

The Decline of Human Rights Justice in the World

The Idea of Justice in Philosophical Literature

The Idea of Justice in the International Bill of Human Rights

5.1 Equal Enjoyment of Enumerated Rights

5.2 Non-Discrimination

5.3 Discrimination Versus Distinction

5.4 Affirmative Action

5.5 General Comment 4/13 of the Human Rights Committee (Gender Equality)

5.6 The Beijing World Conference on Women's Rights (1995)

5.7 Equitable Life Chances

The Human Rights Council's Contributions to the Global Quest for Justice

The Human Rights Council as a Forum for Seeking and Promoting Global Justice

7.1 Global Hunger

7.2 Widespread Lack of Access to Medicine

7.3 Widespread Lack of Access to Safe Drinking Water and Sanitation

7.4 World-Wide Discrimination Against Women

7.5 Child, Early and Forced Marriage in Times of Crisis, Including the covid -19 Pandemic

7.6 Pervasive Gross Violations of Human Rights

7.7 Afro-Descendants

7.8 lgtbq s

7.9 Albinism

Conclusion

10.

Jurisprudence

Introduction

The Architecture of International Law: Principles of the UN Charter

Normative Instruments: Treaties and Declarations

Principles on Human Rights and the Environment

Human Rights and Climate Change

The Right to Peace

Promotion of a Democratic and Equitable International Order

Human Rights: International Cooperation and International Solidarity

Guiding Principles on Business and Human Rights

10.

National Infrastructure

11.

Protection of Human Rights While Countering Terrorism

12.

Rights to Freedom of Peaceful Assembly and of Association

13.

Protection from Arbitrary Detention

14.

Protection of Human Rights Defenders

15.

Right to Truth

16.

Transitional Justice

17.

Protection of Civilians in Armed Conflict

18.

Right to Food

19.

Human Rights and Access to Safe Drinking Water and Sanitation

20.

Access to Medicine

21.

Guiding Principles on Extreme Poverty and Human Rights

22.

Rights of Peasants

23.

The Human Rights of Older Persons

24.

Basic Principles and Guidelines on Development-Based Evictions and Displacement

25.

Trafficking in Persons

26.

Mercenarism

27.

Conclusion

Bibliography

Index

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