Book | 1st edition 2012 | Europe | Lisa Waddington, Gerard Quinn, Eilionoir Flynn
This Yearbook consists of a review of the preceding year’s significant events, as well as policy and legal developments within the institutions of the European Union. It reviews major EU policy developments, studies and other publications, legislative proposals, and case law from the European Court of Justice and the European Court of Human Rights.
Book | 1st edition 2012 | United Kingdom | Maite San Giorgi
The right to equal access to health care is a fundamental principle that is part of the human right to health care. For victims of a violation of the human right to equal access to health care it is important that a judicial or quasi-judicial human rights body can adjudicate their complaints in this regard. This book analyses the justiciability of the human right to equal access to health care. It examines how cases concerning unequal access to health care would be dealt with by judicial and quasi-judicial human rights bodies and distils the elements that can be expected to play a role in the assessment of such cases.
Human rights, criminal procedural law and penitentiary law, comparative law
Book | 1st edition 2012 | United Kingdom | Piet van Kempen, Piet Hein van Kempen
Although no adequately functioning criminal justice system can presently do entirely without detaining any suspects, pre-trial detention remains problematic in the context of human rights, the detainee’s family and society. This volume offers a wide variety of topics that are relevant to pre-trial detention: developments that affect the application of pre-trial detention; relevant international and national human rights standards as well as monitoring systems; pre-trial detention of specific groups, and alternatives to pre-trial detention.
Book | 1st edition 2012 | United Kingdom | Tom Bennett, Eva Brems, Giselle Corradi, Lia Nijzink, Martien Schotsmans
This volume aims to produce a better understanding of the relationship between tradition and justice in Africa. It presents six contributions of African scholars related to current international discourses on access to justice and human rights and on the localisation of transitional justice. The contributions suggest that access to justice and appropriate, context-specific transitional justice strategies need to consider diversity and legal pluralism.
Book | 1st edition 2012 | World | Edda Kristjansdottir, André Nollkaemper, Cedric Ryngaert
This volume examines in detail attempts that were made in certain significant post-conflict or post-authoritarian situations to strengthen the domestic rule of law with the aid of international law. Attention is paid in particular to the empowerment of domestic courts in such situations. International law may serve these courts as a tool for reconciling the demands for new rights and responsibilities with due process and other rule of law requirements.
Rehabilitation, Reintegration and Reconciliation of War-Affected Children
Book | 1st edition 2012 | World | Ilse Derluyn, Cindy Mels, Stephan Parmentier, Wouter Vandenhole
The recruitment and operations of child soldiers have been hitting the headlines in politics and the media for many years. However, a much broader circle of children is affected by armed conflicts. Hence, the many challenges to deal with youth affected by armed conflict exceed by far the issue of the recruitment and demobilisation of child soldiers, but also extend to questions of rehabilitation, reintegration and reconciliation processes of all children and youths. This book brings together for the first time a wide range of leading scholars from three disciplinary perspectives (children’s rights, psychosocial studies and transitional justice) and aims at enhancing a multidisciplinary and comprehensive approach to the rehabilitation, reintegration and reconciliation processes of children and adolescents affected by armed conflict.
Book | 1st edition 2011 | United Kingdom | Tarlach McGonagle
This book offers a rigorous, theory-based, and uniquely comprehensive, analysis of European and international legal standards shaping minorities’ right to freedom of expression. The analysis pays particular attention to the instrumental role played by traditional and new forms of media in ensuring that the right to freedom of expression of persons belonging to minorities is effective in practice.
An analysis of the European Court of Human Rights and the Court of Justice of the European Union
Book | 1st edition 2011 | World | Hanneke Senden
Fundamental rights provisions are known for their relatively vague and general formulation. As a result, judges dealing with these provisions are confronted with many and often controversial interpretative choices. These interpretative choices already present judges operating in a national context with difficulties, but that is even more so for European judges of the ECtHR and the CJEU. This volume analyses the use legal interpretation methods and principles in the fundamental rights case law of the ECtHR and the CJEU.
In this book, Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945 and the evolution of its purposes, principles and policies since then.
A Contemporary Disability Human Rights Approach Applied to Danish, Swedish and EU Law and Policy
Book | 1st edition 2011 | Europe | Maria Ventegodt Liisberg
Based on an analysis of the newly-adopted UN Convention on the Rights of Persons with Disabilities and present-day interpretations of international and European human rights instruments, this book seeks to define a contemporary disability human rights approach for the field of employment.
Victim Participation in International Criminal Proceedings
Book | 1st edition 2011 | World | Brianne McGonigle Leyh
In early 2006, the Office of the High Commissioner for Human Rights called for more detailed research into the relevant international standards and national and international practices concerning the role of victims in criminal proceedings. In response to this call and the increased attention paid to victims at international criminal institutions, this study explores the role of victims in international criminal proceedings.
Equality and Social Justice in Societies Emerging from Conflict
Book | 1st edition 2011 | World | Gaby Oré Aguilar, Felipe Gómez Isa
This volume contributes thoughtful and rigorous research to the fundamental question how to apply truth, justice, reparations and institutional reform to fundamental – and often ancestral – inequalities in each transitional society.
The interaction between the European and the national courts
Book | 1st edition 2011 | United Kingdom | Patricia Popelier, Catherine Van de Heyning, Piet Van Nuffel
This book zooms in on various aspects of the interaction between courts in the complex European system of human rights protection. Where courts are faced with a human rights claim, they not only have to examine the validity of that claim, but also need to have a clear understanding of the human rights catalogue that is to be applied, i.e. human rights as guaranteed by the national constitution, human rights as protected under EU law, based or not on the Charter, and human rights as identified in the European Convention of Human Rights.
Book | 1st edition 2011 | World | Yann Favier, Frédérique Ferrand
Dans le contexte de profondes mutations du droit des mineurs et de la création en France, d’un code de justice pénale des mineurs on peut s’interroger sur l’avenir de la justice des mineurs en tant qu’objet d’étude spécifique mais aussi en tant qu’objet tout court : que recouvre-t-elle ? En Europe, des réformes similaires ont été menées, avec des postulats et des résultats très variés: le présent ouvrage est l’occasion d’en débattre en laissant une large place aux apports étrangers.
International Intervention, State-Building and Criminal Justice Reform in Bosnia and Herzegovina
Book | 1st edition 2011 | World | Andy Aitchison
Making the Transition provides an analysis of processes of reform, reconstruction and restructuring in the criminal justice field in Bosnia and Herzegovina in the years since it completed a violent secession from the Socialist Federal Republic of Yugoslavia (SFRY). Across the three sectors of policing, courts and prisons, the work details the challenges facing Bosnia and Herzegovina and explores a range of internationally-sponsored reform initiatives. These three sectors are often examined independently of each other, but by analysing their development side by side it is Making the Transition is able to determine common challenges while establishing different logics and methods of international intervention.
Book | 1st edition 2010 | World | Jan Wouters, Eva Brems, Stefaan Smis, Pierre Schmitt
The present book, with carefully selected contributions from many prominent scholars and practitioners, is the first to explore situations in which human rights are threatened or violated through the actions, operations or policies of international organizations in a comprehensive manner and to examine the accountability mechanisms that are available.
NGOs play an increasingly important role not only as international political actors but also as organizations involved in the creation, implementation and enforcement of international law. This book answers the question whether these organizations acquired an international status equivalent to that of States or international governmental organizations?
Transnational Family Life of Afghan Refugees in The Netherlands in the Light of the Human Rights-Based Protection of the Family
Book | 1st edition 2010 | United Kingdom | Paulien Muller
When people are forced to flee their country, their families fall apart. This also applies to the 37,000 Afghans who found refuge in the Netherlands. The qualitative research in this book among 37 Afghans in the Netherlands and their families gives insight in how these refugees (re)construct and perceive their family life within and across borders; at the nuclear family level, within the Western diaspora, and with family members who stayed behind in Afghanistan, Pakistan or Iran.
Book | 1st edition 2010 | United Kingdom | Jan C.M. Willems
Children’s rights and Human development is a new and uncharted domain in human rights and psychology research. This multidisciplinary book is the first to introduce this domain to students and researchers of children’s rights, child development, child maltreatment, family and child studies and related fields. The texts in this book may be used both as background readings and as tasks for group discussion in problem based learning or other educational settings in child rights law and psychology courses. The book also aims at a broader academic and public audience interested in the many aspects and ramifications of Children’s rights and Human development.
Book | 1st edition 2010 | World | Desislava Stoitchkova
Seeking to address the problem of corporate involvement in grave human rights abuse, i.e. genocide, crimes against humanity and war crimes, this study explores the desirability and feasibility of subjecting business enterprises to regulation through international criminal law.
