How the HRC, the CESCR and the CEDAWCee use human rights as a sword to protect and promote culture, and as a shield to protect against harmful culture
Book | 1st edition 2020 | United Kingdom | Vincent Vleugel
Ever since the adoption of the Universal Declaration of Human Rights in 1948 there has been a debate on the issue of universality and cultural diversity. The UN human rights treaty bodies have an important role to play in ensuring a proper balance between safeguarding the universality of the rights, while at the same time leaving room for cultural particularities. This book examines how the UN treaty bodies, in particular the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women, fulfil this role.
Book | 1st edition 2020 | United Kingdom | Veronika Flegar
The term 'vulnerability' is often used in law and policy to refer to disadvantaged, marginalized or excluded human beings. This book explores how a vulnerability focus in basic assistance policies can contribute to substantive equality and therefore to the realization of universal human rights in the migration context. It concentrates on the potential that such a vulnerability focus can have to mitigate stigmatization and stereotyping and to facilitate socio-economic participation.
Book | 1st edition 2020 | United Kingdom | Getahun A. Mosissa
This book investigates what normative justification can be provided for economic, social and cultural rights guaranteed under international law and how this justification can or should impact the State obligations emerging from these rights.
Book | 1st edition 2020 | United Kingdom | Jonathan Herring
This book sets out a human rights approach to domestic abuse. It argues that the European Convention on Human Rights provides a powerful framework upon which to build a strong legal response to the problem of domestic abuse.
Book | 1st edition 2020 | World | Eva Brems, Pieter Cannoot, Toon Moonen
This book brings together international experts to discuss questions and challenges relating to the legal articulation of the emerging right to gender self-determination and its consequences for law and society, such as the future of sex/gender registration and the protection of trans persons against discrimination.
The book focuses on the collaboration between the Court of Justice of the EU and the national judges for the protection of the rights that individuals derive from EU law. It deals with the question of access to justice for individuals in the EU.
Remembrance and Restoration in the Aftermath of Political Violence
Book | 1st edition 2020 | World | Camila de Gamboa Tapias, Bert van Roermund
How do memory and remembrance relate to transitional justice that lays emphasis on restoration? What is captured and what is obliterated in individual and collective efforts to come to terms with a violent past? Across this volume consisting of twelve in-depth contributions, the politics of memory in various countries are related to restorative justice under four headings: restoring trust, restoring truth, restoring land and restoring law.
Book | 1st edition 2020 | World | Laura Inigo Alvarez
Armed groups have played a predominant role in violations of international humanitarian law and international human rights law committed in conflict settings. The aim of this book is to examine how the principles of international responsibility could be developed and adjusted to account for armed groups as collective entities.
A human rights perspective on the phenomenon of marital captivity
Book | 1st edition 2020 | United Kingdom | Benedicta Deogratias
This book offers a human rights perspective of the phenomenon of marital captivity within Christian, Jewish, Hindu and Muslim communities in both secular and non-secular States.
Towards an empowering regulatory framework for commercial communication
Book | 1st edition 2020 | Belgium | Valerie Verdoodt
This book presents an original and timely fundamental rethinking of the regulatory framework of commercial communication from a children’s rights perspective. Offering a carefully considered, well-documented overview and in-depth evaluation of several legislative frameworks, policy documents, self- and co-regulatory initiatives and literature from a variety of disciplines, it works towards the development of children’s rights-inspired recommendations for an empowering regulatory framework for online commercial communication aimed at children.
Book | 1st edition 2020 | United Kingdom | Mark Klaassen, Stephanie Rap, Peter Rodrigues, Ton Liefaard
Millions of children are on the move worldwide. Children are fleeing conflicts and wars. They move with or without their parents to attain a better future. This book reflects the growing concern for children and children's rights in immigration in academia and practice and shows the diversity of issues related to immigration and children, including family reunification, detention, participation, human trafficking and the rights of siblings in the context of migration, as well as the significance of regional legal systems and infrastructures for the protection of children on the move.
Book | 1st edition 2019 | United Kingdom | Koen Lemmens, Stephan Parmentier, Louise Reyntjens
Liber amicorum Paul Lemmens: With this tribute book we have tried to avoid the classic pitfalls. The work contains contributions that are focused on human rights, in all their diversity, but with a strong emphasis on the European Convention on Human Rights. The contributions were also subjected to a stringent peer review, so that this book could just as well be a classically edited academic work. It therefore meets, we hope, the highest academic standards, as Paul Lemmens has always embodied them. The very international crowd of authors, whose reputation is known, already guarantees quality.
Book | 1st edition 2019 | United Kingdom | Leonie Huijbers
Courts often rely on process-based fundamental rights review. This means that they examine the diligence, fairness, and quality of legislative, administrative, and judicial procedures to determine whether fundamental rights have been violated. This book offers an in-depth and nuanced understanding of process-based fundamental rights review which will support courts in developing well-balanced procedural approaches, and will assist scholars in studying procedural reasoning more systematically.
Book | 1st edition 2019 | United Kingdom | Philip Czech, Lisa Heschl, Karin Lukas, Manfred Nowak, Gerd Oberleitner
The European Yearbook on Human Rights brings together renowned scholars, emerging voices and practitioners. Split into parts devoted to recent developments in the European Union, the Council of Europe and the OSCE as well as through reports from the field, the contributions engage with some of the most important human rights issues and developments in Europe. The Yearbook helps to better understand the rich landscape of the European regional human rights system and is intended to stimulate discussions, critical thinking and further research in this field.
Book | 1st edition 2019 | United Kingdom | Kasim Balarabe
Recognition of the right to water and sanitation is an important and global issue. This book investigates how this right can be realised from the context of Nigeria and other States in similar circumstances.
Regulation of Cannabis Cultivation and Trade for Recreational Use: Positive Human Rights Obligations versus UN Narcotic Drugs Conventions
Book | 1st edition 2019 | Europe | Piet van Kempen, Masha Fedorova
This study takes an innovative approach to this issue and approaches the possibility for regulation of cannabis for recreational use from the perspective of positive human rights obligations.
Regulation of Cannabis Cultivation for Recreational Use under the UN Narcotic Drugs Conventions and the EU Legal Instruments in Anti-Drugs Policy
Book | 1st edition 2019 | World | Piet van Kempen, Masha Fedorova
This study addresses the legal question of to which extent domestic initiatives involving the regulation of cannabis cultivation for recreational use are compatible with the relevant UN narcotic drugs conventions and European Union law.
Book | 1st edition 2019 | Belgium | Piet van Kempen, Masha Fedorova
Volume I addresses the legal question of to which extent domestic initiatives involving the regulation of cannabis cultivation for recreational use are compatible with the relevant UN narcotic drugs conventions and European Union law. Volume II takes an innovative approach to this issue and approaches the possibility for regulation of cannabis for recreational use from the perspective of positive human rights obligations.
Supporting vulnerable people and protecting water resources
Book | 1st edition 2019 | United Kingdom | Daphina Misiedjan
Towards a Sustainable Human Right to Water is a timely examination of a critical and time-sensitive subject in the field of human rights law. The book poses the critical question how the concept of sustainable development can contribute to the sustainable realisation of the human right to water for vulnerable people. It takes a three step approach in providing an answer to this fundamental question of our time.
Book | 1st edition 2018 | Europe | Aleksandra Kuczerawy
States increasingly delegate regulatory and police functions to internet intermediaries. This may lead to interference with the right to freedom of expression. In a time when these issues are of particular relevance, Intermediary liability and freedom of expression in the EU provides the reader with a framework to protect the freedom of expression in an online world.