Bücher der Reihe Routledge Research in Human Rights Law

This book explores the main fundamental issues and practical dimensions related to the safeguarding of human rights in the Internet.

This edited volume challenges the territorial bias of traditional human rights law, in which human rights obligations are in principle incumbent on the territorial state. The first part of this volume examines the current state of the extraterritorial human rights obligations of international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations (and responsibility for violations). The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of extraterritorial states as well as of non-state actors. Each chapter examines novel and forward-looking perspectives in the field, and explores how the findings may apply across international human rights law in a multi duty-bearer setting.

Business and human rights has emerged as a distinct field within the corporate governance movement. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened.

This book provides detailed analysis and critique of the dual protection of human rights in Europe through an assessment of the evolution of the legal relationship between the Court of Justice of the European Union and the European Court of Human Rights. The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights.

This book addresses the controversial issue of transnational human rights obligations in an innovative way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law. Each hypothetical judgment is accompanied by commentary placing it in context to show how international human rights law can address issues of a transnational character. Through this method the book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced.

This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on `primary care providers¿, as well as the effect that trends in migration law have on migrant domestic workers.

This book assesses the progress the Convention on the Rights of the Child (CRC) 1989 has made in different African countries as well as in the region more generally. It considers the implementation of the CRC in terms of policy, practice and its impact on the lived experiences of children across the continent, focusing on specific themes such as HIV/AIDS, education and disability, child labour, witchcraft stigmatisation, armed conflict and religion. The volume provides a critical analysis of the progress of the CRC and identifies concrete ways forward for the better implementation of this treaty in Africa.

This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.

Based on the author's thesis (doctoral)--National University of Ireland, Galway, 2010.

The Asia-Pacific region is known for having one of the least developed institutional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about strengthening the institutional protection of human rights in the Asia-Pacific region, in the wake of ASEAN¿s announcement in 2009 of an ASEAN regional human rights mechanism.Drawing together leading scholarly voices including Surya Deva, V.T. Thamilmaran, Tom Zwart and Catherine Renshaw, the book focuses on the systemic issue of institutionalizing human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening the institutionalization of human rights monitoring in the region, challenging the orthodox scepticism about whether Asia is "ready" for stronger institutions. The volume analyses the impediments to institutions, whilst questioning the need for them.

This book explores the human rights monitoring mechanisms of the Council of Europe: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Committee of Social Rights, the Advisory Committee on the Framework Convention for the Protection of National Minorities, the Committee of Experts of the European Charter for Regional or Minority Languages, the European Commission against Racism and Intolerance. The book will look at each mechanism in turn and consider a number of issues including: at the role and procedures; its effectiveness in terms of monitoring ands ensuring its findings are implemented; its level of cooperation with other international actors including other organs of the Council of Europe, UN and EU bodies, NGOs and national human rights institutions and ombudsmen; its relationship with the European Court of Human Rights; and whether human rights indicators would be useful in improving its monitoring. Each chapter will be written by an expert in the field. The introduction to the volume will outline the common features and purposes of these mechanisms as well as key questions to be addressed in the following chapters, while the conclusion will provide an evaluation of their effectiveness and consider future perspectives.

Presents an overview and examination of the human right to water as determined under international human rights law, including establishing its legal status and substantive content, and dealing with general questions and issues related to economic, social and cultural rights which affect the right to water.

Following on from the 2008 Kadi-decision by the European Court of Justice, which has been widely discussed as possibly creating a conflict between the UN and the EU, this book explores whether the EU's human rights order has real and distinctive relevance on a global scale and whether it can be considered as a significant international human rights organisation. The contributions to this volume are clustered around four themes: the EU human rights policies in international institutions; the influence of EU human rights law outside of Europe; whether the EU human rights order has set new substantive rules which are different from other international/regional standards; and the relationship between human rights and economic goals in the EU.

Focuses on emerging human rights and the developments in law that have taken place since the adoption of the UDHR. This book also focuses on issues and rights that were not originally included in the Universal Declaration but have become emerging areas of human rights.

Explores the right to religious freedom within international law. Analyzing legal structures in a variety of both Western and Non-Western jurisdictions, this book sets out a topography of the different constitutional structures of religion within the state and their compliance with international human rights law.

Interrogates the development of rights based approaches to health. This title integrates discussions of the right to health at a theoretical and practical level, and engages with the systems of global health governance.

Article Twelve of the United Nations Convention on the Rights of the Child 1989 states that all children capable of forming views have the right to express those views, and recognises that all children have the right to be heard in any judicial and administrative proceedings affecting them. This book explores background to Article Twelve.

The book presents a timely assessment of both the human rights costs of the `War on Terror¿ and the methods used to wage and relentlessly continue that War.