International Human Rights in a Nutshell
Authors:
Buergenthal, Thomas / Shelton, Dinah / Stewart, David P. / Vazquez, Carlos M.
Edition:
5th
Copyright Date:
2017
18 chapters
have results for International Human Rights in a Nutshell
Chapter 2. The United Nations Human Rights System 285 results (showing 5 best matches)
- Public International Law in a Nutshell
- The International Bill of Human Rights consists of the human rights provisions of the UN Charter, the Universal Declaration of Human Rights, and the two International Covenants on Human Rights. , “The International Bill of Rights: The Universal Declaration and the Covenants,” in R. Bernhardt & J.A. Jolowicz
- The Universal Declaration of Human Rights (UDHR) is the first comprehensive human rights instrument to be proclaimed by a global international organization. A. Eide
- The Commission was frequently criticized for ineffectiveness and for being politically motivated or selective in responding to charges of human rights violations. , “Human Rights at the United Nations, 1955–1985: The Question of Bias,” 32 Int’l Stud. Q. 275, 277–96 (1988);
- The United Nations Educational, Scientific and Cultural Organization, created in 1945, includes human rights within its mandate to promote education, science and culture. , “UNESCO Procedures for the Protection of Human Rights,” in J. Symonides
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Chapter 1. Historical Antecedents of International Human Rights Law 47 results (showing 5 best matches)
- Initial efforts sought accountability of terrorist groups, criminal organizations and, in certain countries, paramilitary groups. Individuals belonging to these groups have often been able to engage in large-scale violations of human rights while enjoying immunity (impunity) from prosecution for what in theory at least are criminal acts under the law of the state where these acts take place.
- As we shall see in the chapters that follow, modern international human rights law differs most significantly from its historical antecedents in today recognizing that individual human beings have internationally guaranteed rights as individuals and not as nationals of a particular state. A growing number of international institutions now have jurisdiction to protect individuals against human rights violations committed by their state of nationality as well as by any other state. Although the remedies often remain inadequate or ineffective, the vast body of international human rights law now in existence—as well as the great increase in the number of international institutions designed to implement that law—have internationalized the subject of human rights beyond all expectations. This development has in turn produced a political climate in which the protection of human rights has become one of the most important items on the agenda of contemporary international political discourse...
- This chapter describes the principal historical antecedents of the modern international law of human rights. As used in this book, the international law of human rights is defined as the law concerned with the protection of individuals and groups against violations of their internationally guaranteed rights, and with the promotion of these rights. This branch of the law is sometimes also referred to as the international protection of human rights or international human rights law. Although scholars might disagree over whether one or the other of these labels is more appropriate, they are used interchangeably in this book.
- Although humanitarian law predates the development of international human rights law and had some influence on it, common Article 3 of the Geneva Conventions of 1949, various provisions of the most recent Protocols mirror the principles underlying modern international human rights instruments.
- In the long run, the most important developments in the international human rights field can be attributed to the fact that human beings around the world have increasingly come to believe that states and the international community have an obligation to protect their human rights, be they civil and political rights or economic, social and cultural rights. The expectations that this phenomenon creates make it politically ever more difficult for states to deny the existence of this obligation, which, in turn, facilitates efforts to promote and protect human rights on the international plane. In other words, what we have been witnessing is a human rights revolution. The gains are many, but they remain to be consolidated. Much of the needed law has been enacted, but the national and international institutions to enforce the law are still rather weak.
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Chapter 7. Non-State Actors 92 results (showing 5 best matches)
- Many NGOs work closely with international bodies such as the United Nations and its specialized agencies ( ) as well as regional bodies. Whether or not they have a formal affiliation with an intergovernmental organization, human rights NGOs have increasingly played an important role in the evolution of the international system for the protection of human rights and in efforts to make it work. Because governments that do not respect human rights are often disposed to undermine international human rights norms, institutions, and procedures, human rights NGOs frequently provide a needed and effective counterweight by highlighting the issues and bringing public pressure to bear (for example, by “naming and shaming” abusers). To a significant extent, NGOs deserve credit for the progress in international human rights compliance that has been made in recent decades.
- At its origins, international human rights law addressed the relationship between governments and their citizens, and in consequence it focused primarily on the duties and responsibilities of states and state entities. Over time, however, the development of international norms, institutions and procedures for the promotion and protection of human rights has gone hand in hand with an expansion in the scope of application of human rights principles. As a result, the field of international human rights law today encompasses a wide variety of non-state actors.
- The activities of human rights NGOs typically focus on the overall promotion and protection of human rights. Some aim at changing the domestic or international policies of their own (or foreign) governments, and others engage exclusively in education and training, building domestic constituencies, or carrying out international relief efforts. They may conduct inquiries, fact-finding missions, monitoring and investigations into human rights abuses, or visit detention facilities in order to monitor detainees’ rights and detention conditions, or assist asylum-seekers and refugees. Some exclusively litigate human rights issues in national courts, including by offering free legal assistance to alleged victims. Others mount grass-roots campaigns against specific types of violations (such as torture, ..., or racial or gender discrimination) while still others engage in standard-setting efforts (for example, aimed at improving corporate social responsibility). NGOs may advocate for the...
- The International Service for Human Rights
- The term “NGO” is generally understood to exclude entities established by governments or through intergovernmental agreements, as well as private for-profit enterprises. Nevertheless, human rights NGOs come in all sizes and varieties. They can be classified in several categories. On the one hand, generalist NGOs have broad mandates and agendas, covering all categories of human rights, i.e., civil and political, economic, social and cultural rights ( Human Rights Watch or the International Federation for Human Rights (FIDH)). They may act domestically or internationally. By contrast, specialized NGOs have specific mandates, for example covering a particular human rights treaty (the Covenant on Civil and Political Rights) or a specific right (the right to health or water or housing or a clean environment) or the rights of a specific category of persons (such as women, children, persons with disabilities, minorities, indigenous peoples ( the Minority Rights Group International). Some...
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Foreword 3 results
- When the first edition of this book was published in 1988, only a handful of American law schools offered courses or seminars on International Human Rights Law. Today a majority do. This development is due to the recognition of the ever more pervasive impact International Human Rights Law has on contemporary international relations and the behavior of states; on the rights of individuals and non- state entities; on international treaties and international legislation as well as customary international law; on the law of international and regional organizations; on the growth and legal status of non-governmental international organizations; on the domestic implementation of international law; and on related subjects. Although International Human Rights Law once played a minor role on the international scene, it has over the years become a major branch of public international law and transformed it and international relations to an extent not previously imagined.
- This edition of the book will also be my last one. I have made this decision because I have retired from teaching and because of my age which, to my surprise, has been advancing from edition to edition. This Nutshell has been the love of my academic publications because of my lifelong commitment to the promotion of international human rights through education and scholarship. I know that my co-authors will continue to produce subsequent editions of this book with the same commitment to high quality scholarship and sound educational standards. I wish them well and thank them for their friendship and kindness.
- That is also why this edition of the book has more than doubled in size when compared to its first edition. Although I was the sole author of the first two editions of this book, the growth of the subject compelled me to invite Professors Dinah Shelton and David P. Stewart to join me as co-authors for the third, fourth and subsequent editions. This decision resulted not only in an effective scholarly collaboration; it also proved most satisfying on a personal level: we produced a better book and became even better friends. I am delighted now to be able to report that for this, the fifth and subsequent editions of the book, Professor Carlos M. Vázquez of Georgetown Law has agreed to join us as our fourth co-author. I know that his presence will further enrich the quality and scope of this book.
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Chapter 6. Incorporation and Application of Human Rights in the United States 142 results (showing 5 best matches)
- As a general proposition, treaties and customary international law are the principal sources of international human rights law. States incorporate these principles and provisions into their domestic law in different ways. To understand how American courts deal with international human rights law, it is necessary to review the place given to treaties and customary international law in U.S. law.
- Overall, the United States position on respecting international human rights has been marked by contradictions. On the one hand, protection of individual rights and liberties has been a guiding national principle since the nation’s founding. The United States was among the strongest proponents of the human rights movement and a leader in the formulation of the essential human rights instruments in the period following World War II, and it has continued to advocate strongly for human rights at the international level. On the other hand, it refused for decades to ratify any major international human rights treaty and, although it has adhered to a number of them in recent years, it still lags behind most Western democracies.
- Still, the question remains whether, and to what extent, customary international law may play a role in domestic litigation in the absence of an applicable human rights treaty provision. A growing list of international human rights can be characterized as customary international law ( genocide, torture, and prolonged arbitrary detention). Restatement (Third) Foreign Relations Law § 702. Much of that law has evolved from rights and principles proclaimed in international human rights instruments that have their basis in the Charter of the UN and other treaties of a universal character. . In fact, U.S. courts have from time to time relied on this law to grant judicial relief.
- Here it is important to note that the legislation requires the State Department, in determining whether a state is a gross violator of human rights, to take into account, among other considerations, “the relevant findings of appropriate international organizations, including nongovernmental organizations, such as the International Committee of the Red Cross. . . .” Section 502B(b)(1). Similar language is found in § 116(c)(1). Both laws also attach considerable weight to the extent to which the particular country cooperates with and permits such organizations “an unimpeded investigation of alleged violations of internationally recognized human rights.” § 116(c)(1) and § 502B(b)(2). These requirements strengthen the effectiveness of public and private human rights institutions that investigate and judge violations. Hence, findings—for example, by the UN Human Rights Council or a regional human rights body such as the Inter-American Court or Commission on Human Rights—that a... ...in...
- The legislative and bureaucratic underpinnings of contemporary U.S. human rights foreign policy have their origin in the efforts of the Fraser committee and the policies of President Jimmy Carter, who was elected in 1976. The latter enthusiastically espoused many of Congressman Fraser’s recommendations and made the promotion of human rights the cornerstone of his administration’s foreign policy. , “Human Rights Legislation and U.S. Foreign Policy,” 7 Ga. J. Int’l & Comp. L. 231 (1977); Schneider , “A New Administration’s New Policy: The Rise to Power of Human Rights,” in P. Brown
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Preface 4 results
- At the same time, the international community continues its efforts to strengthen the normative and institutional framework for dealing with human rights problems. The United Nations adopted new agreements addressing forced disappearances and protecting the rights of migrant workers and the disabled. At the regional level, the Council of Europe adopted a Convention against Trafficking in Human Beings, while the African system concluded agreements on the rights of women and the rights and welfare of children. The revised Arab Charter on Human Rights entered into force, while the Association of South-East Asian Nations (ASEAN) adopted a basic treaty containing human rights provisions and also adopted a convention on migrant workers. Institutionally, the United Nations human right treaty bodies have continued to strengthen their monitoring functions while the Office of the UN High Commissioner for Human Rights has further promoted the world-wide enjoyment of human rights through the...
- The fourth edition was published in 2009. While the geo-political changes that have occurred in the past seven years have been less dramatic than those that took place during the interval between the first and second editions (which saw the collapse of the Soviet empire, the end of the Cold War, and the abolition of apartheid in South Africa), they are nonetheless important in the evolution of international human rights law. As was the case for the interval between the third and fourth editions, continuing internal and international armed conflicts have brought increased attention to the interaction of humanitarian law and international human rights law. In particular, the disastrous civil war in Syria and other conflicts in the Mid-East, Africa and Central Asia) have created humanitarian crises unparalleled since the end of World War II. Human rights and fundamental freedoms remain under threat in every corner of the globe, and the international community continues to struggle to...
- As with the fourth edition, the length of this book has unavoidably grown in order to take account of the continuing expansion of international human rights norms and institutions. Some chapters have been extensively revised, especially those on the United Nations and the regional systems. The chapter on domestic implementation of human rights law in the United States has similarly been updated. We have chosen to omit the discussion of international humanitarian law in preference to a more extensive discussion of the role of non-state actors, particularly non-governmental organizations, in the international field. In short, the revisions take account of many developments and institutions that are new or that have gained greater importance since the publication of the fourth edition.
- The fifth edition of this book follows the basic format of the previous editions. The purpose of the book remains the same: both to serve as a self-contained introduction to the international law of human rights and to complement other course materials by providing the reader with a concise overview of human rights norms and the institutional context within which they evolve. The book continues to grow in size, however, to take account of many new developments in the field.
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Chapter 5. The African and Other Regional Systems 114 results (showing 5 best matches)
- The African Human Rights Judicial System: Streamlining Structures and Domestication Mechanisms Viewed From the Foreign Affairs Power
- The TOR lists the purpose of AICHR as follows: “To promote and protect human rights and fundamental freedoms of the peoples of ASEAN.” Another purpose is to uphold specific international standards contained in “international human rights instruments to which ASEAN Member States are parties.” The promotion work is to be done “within the regional context, bearing in mind national and regional particularities and mutual respect for different historical, cultural and religious backgrounds, and taking into account the balance between rights and responsibilities.” The ‘promotional’ mandate and functions include enhancing public awareness of human rights, promoting capacity building, encouraging Member States “to consider acceding to and ratifying international human rights instruments” and promoting implementation of “ASEAN instruments related to human rights.” Although protection is mentioned, that mandate has not been spelled out through the grant of specific functions and powers....
- The powers conferred by Article 45 gain special importance because of the unusual lawmaking mandate embodied in Articles 60 and 61 of the Charter. Article 60 declares that “the Commission shall draw inspiration from international law on human and peoples’ rights. . . .” It then lists, by way of illustration, the normative sources of that law, making specific mention of the UN and OAU Charters, the Universal Declaration of Human Rights, African instruments on human and peoples’ rights and “other instruments adopted by the United Nations and by African countries in the field of human and peoples’ rights as well as from the provisions of various instruments adopted within the Specialized Agencies of the United Nations of which the parties to the present Charter are members.” This provision is amplified by Article 61, which permits the Commission “to take into consideration, as subsidiary measures to determine the principles of law,” various other human rights agreements to which the...
- The provisions of the Charter reflect the influence of UN human rights instruments as well as African traditions. Thus, it bears a stronger resemblance to the International Covenants of Human Rights than to the two other regional human rights treaties. The emphasis that the Charter places on African tradition finds expression in its preamble as well as in the form in which many of its rights and duties are articulated. The preamble speaks of “the virtues of [African] historical tradition and the values of African civilization which should inspire and characterize their reflection on the concept of human and peoples’ rights.” Other principles that inform the African Charter are referred to in the following provision of the preamble:
- States Parties are obligated to implement the rights contained in the Charter. An Arab Human Rights Committee, consisting of seven members serving in their personal capacities for a four-year term, is given the mandate to review periodic state reports on the measures taken to give effect to the rights contained in the Charter. The Arab Human Rights Committee may request from a State Party “additional information relating to the implementation of the Charter” (Article 48(2)), but neither inter-state nor individual complaints are provided for. For additional background,
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Chapter 4. The Inter-American Human Rights System 154 results (showing 5 best matches)
- On different occasions during its existence, the Commission has played an important role in mediating and protecting human rights during internal and international armed conflicts and hostage seizures. IACHR, “Reports of the Activities of the Inter-American Commission on Human Rights in the Dominican Republic (June 1 to August 31, 1965 and September 1, 1965 to July 6, 1966),” in
- , “The Inter-American Human Rights System,” in H. Hannum
- Inter-American Court of Human Rights, Series E: Provisional Measures, No. 1, Compendium: 1987–96
- The Convention provides for the establishment of the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IA Ct.H.R.), and confers on them “competence with respect to matters relating to the fulfillment of the commitments made by the States Parties” thereto. Art. 33. , “Implementation Procedures of the American Convention on Human Rights,” 26 Germ. Y.B. Int’l L. 238 (1983); Buergenthal , “Implementation in the Inter-American Human Rights System,” in R. Bernhardt & J.A. Jolowicz
- The political factors that have played an important role include the Cuban revolution and the hemispheric reaction to it. Also important has been the attitude of the U.S. Government, which initially showed little interest in, if not outright hostility to, the development of an inter-American human rights system, and then championed it at different times and for different reasons. The fall of the Latin American dictatorships that were so prevalent in the 1980s has also had a significant political impact. , “Human Rights in the Americas: View from the
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Chapter 3. The European System for the Protection of Human Rights 215 results (showing 5 best matches)
- In the field of human rights and fundamental freedoms, the participating States will act in conformity with the purposes and principles of the Charter of the United Nations and with the Universal Declaration of Human Rights. They will also fulfil their obligations as set forth in the international declarations and agreements in this field, including inter alia the International Covenants on Human Rights, by which they may be bound.
- Defeis, “Human Rights and the European Court of Justice: An Appraisal,” 31 Fordham Int’l L. J. 1104 (2008)
- The ESC complaint procedure is being increasingly utilized and has made the European Committee on Social Rights an increasingly judicialized body. The adversarial process received more than 65 complaints in the first decade after the entry into force of the Additional Protocol of the ESC in 1998, and the ECSR has addressed many of the rights in the ESC, including the right to housing (European Roma Rights Centre v. Italy, Merits) (2005), freedom from child and forced labor (Complaint 1/1998, International Commission of Jurists v. Portugal Merits (1999), Complaint 7/2000, International Federation of Human Rights v. Greece Merits (2000); access to medical treatment (Complaint No 14/2003, International Federation of Human Rights Leagues (FIDH) v. France ), and the right to education (Association internationale Autisme-Europe (AIAE) v. France , Complaint No 13/2002, Merits, ECSR, 4 November 2003), often in connection with allegations of discrimination.
- Only when domestic law does not provide relief capable of remedying a violation of the Convention may recourse be had to the European Court. This rule has its basis in the requirement found in all human rights treaties, including the Convention, that before international remedies may be invoked, available and effective domestic remedies must be exhausted. Convention, art. 35(1). In a broader sense, it can also be said to derive from the principle of subsidiarity. , “The Convention and the Principle of Subsidiarity,” in Macdonald , “Subsidiarity, Democracy and Human Rights,” in
- What distinguishes the OSCE’s rights catalog from that of traditional human rights treaties—the European Convention of Human Rights or the International Covenants, for example—is that in addition to proclaiming basic individual human rights, it also addresses the rights of minorities, rule of law issues, democratic values, elections, etc. The OSCE in fact pioneered a holistic approach to human rights, which proceeds on the assumption that individual rights are best protected in states which adhere to the rule of law and democratic values and are so constituted as to permit these concepts to flourish. With the end of the Cold War, this notion has gained support elsewhere in the world.
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Outline 74 results (showing 5 best matches)
Index 229 results (showing 5 best matches)
Copyright Page 5 results
- Nutshell Series, In a Nutshell
- The publisher is not engaged in rendering legal or other professional advice, and this publication is not a substitute for the advice of an attorney. If you require legal or other expert advice, you should seek the services of a competent attorney or other professional.
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Title Page 4 results
Table of Cases 31 results (showing 5 best matches)
- International Federation of Human Rights Leagues (FIDH) v. France, 244
- International Federation of Human Rights v. Greece, 244
- International Helsinki Federation for Human Rights (IHF) v. Bulgaria, 245
- Zimbabwe Lawyers for Human Rights and the Institute for Human Rights and Development v. Republic of Zimbabwe, 384
- Institute for Human Rights Development in Africa v. Republic of Angola, 387
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Acknowledgments 4 results
- Dinah Shelton would like to thank persons at the Council of Europe and the European Court of Human Rights who provided information on recent developments in the European system. Particular thanks are owed to Andrew Drzemczewski, Michael O’Boyle, Caroline Ravaud and Hans Christian Kruger. Similar gratitude must be expressed to Carlos Villan Duran of the Office of the United Nations High Commissioner for Human Rights and to Martin Oelz and Lee Swepston of the International Labour Organization.
- Carlos M. Vázquez would like to thank Yateesh Begoore Shivaswamy for excellent research assistance, as well as Marie-Joseph Ayissi of the UN Office of the High Commissioner for Human Rights and Gerald Neuman of Harvard Law School for helpful comments.
- A book of this scope is generally the product of efforts beyond those of the authors; this volume is no exception.
- Finally we would like to thank each other for an exceptionally pleasant collaboration and the opportunity to work together.
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Table of Authors 51 results (showing 5 best matches)
- Publication Date: July 18th, 2017
- ISBN: 9781634605984
- Subject: International Human Rights
- Series: Nutshells
- Type: Overviews
- Description: An updated and expanded edition of the widely used overview of international human rights law for students, practitioners, and professors. Provides a comprehensive overview of the international, regional and domestic human rights systems. Reviews recent developments in the field, including in the UN, European, OAS and African human rights systems and the adoption of new conventions such as those on forced disappearances and persons with disabilities. Includes chapters on the treatment of human rights treaties and norms within the U.S. legal system as well as on the role of non-governmental human rights organizations. Discover the history behind international human rights, including the institutional context from which they evolved. An unparalleled resource for beginning students as well as more experienced practitioners.
