Hardback
Integrated Human Rights in Practice
Rewriting Human Rights Decisions
9781786433794 Edward Elgar Publishing
This book aims to introduce concrete and innovative proposals for a holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.
More Information
Critical Acclaim
Contributors
Contents
More Information
This book aims to introduce concrete and innovative proposals for an holistic approach to supranational human rights justice through a hands-on legal exercise: the rewriting of decisions of supranational human rights monitoring bodies. The contributing scholars have thus redrafted crucial passages of landmark human rights judgments and decisions, ‘as if human rights law were really one’, borrowing or taking inspiration from developments and interpretations throughout the whole multi-layered human rights protection system. In addition to the rewriting exercise, the contributors have outlined the methodology and/or theoretical framework that guided their approaches and explain how human rights monitoring bodies may adopt an integrated approach to human rights law.
Integrated Human Rights in Practice shows that even within the current fragmented landscape of international human rights law, it is possible to integrate human rights to a significantly higher degree than is generally the case. Redrafted opinions deal with major contemporary issues such as conscientious objection by health service providers, intersectional discrimination of minority women, the rights of persons with disabilities, the rights of indigenous peoples against powerful economic interests, and the human rights impact of austerity measures.
This book’s novel perspective and applied, concrete examples make it an invaluable resource for academics and students as well as judges, lawyers, and treaty body members.
Integrated Human Rights in Practice shows that even within the current fragmented landscape of international human rights law, it is possible to integrate human rights to a significantly higher degree than is generally the case. Redrafted opinions deal with major contemporary issues such as conscientious objection by health service providers, intersectional discrimination of minority women, the rights of persons with disabilities, the rights of indigenous peoples against powerful economic interests, and the human rights impact of austerity measures.
This book’s novel perspective and applied, concrete examples make it an invaluable resource for academics and students as well as judges, lawyers, and treaty body members.
Critical Acclaim
‘The book has achieved its ambitions of providing a ‘constructive input in the conversation among practitioners as well as academics’ and is an excellent addition to scholarly thinking on the future of human rights worldwide.’
– Katrina Peake, Human Rights Law Review
‘The creativity of this international team of excellent professors and scholars in human rights have produced an original and fascinating book. This exercise of “redrafting” some landmark cases decided by different supranational judicial and monitoring bodies reveals the unexpected resources of a holistic approach to fundamental rights, leaving space for external sources. This innovative book is a must read for all those who want to think and to mobilise human rights differently.’
– Françoise Tulkens, Former Vice-President, European Court of Human Rights
‘The emergence of a human rights jus commune, the product of dialogue across jurisdictions and of the integration of "soft law" in the reasoning of human rights courts and expert bodies, has triggered fears of unpredictability as well as hopes of greater coherence across human rights systems and further progress in the protection of human rights. Do the advantages compensate for the potential risks? To provide an answer, human rights scholars have been asked to re-imagine certain leading cases in the light of such an "integrated approach" to human rights. The results are enlightening, making a significant contribution to the debate.’
– Olivier De Schutter, University of Louvain (UCL) and UN Committee on Economic, Social and Cultural Rights
– Katrina Peake, Human Rights Law Review
‘The creativity of this international team of excellent professors and scholars in human rights have produced an original and fascinating book. This exercise of “redrafting” some landmark cases decided by different supranational judicial and monitoring bodies reveals the unexpected resources of a holistic approach to fundamental rights, leaving space for external sources. This innovative book is a must read for all those who want to think and to mobilise human rights differently.’
– Françoise Tulkens, Former Vice-President, European Court of Human Rights
‘The emergence of a human rights jus commune, the product of dialogue across jurisdictions and of the integration of "soft law" in the reasoning of human rights courts and expert bodies, has triggered fears of unpredictability as well as hopes of greater coherence across human rights systems and further progress in the protection of human rights. Do the advantages compensate for the potential risks? To provide an answer, human rights scholars have been asked to re-imagine certain leading cases in the light of such an "integrated approach" to human rights. The results are enlightening, making a significant contribution to the debate.’
– Olivier De Schutter, University of Louvain (UCL) and UN Committee on Economic, Social and Cultural Rights
Contributors
Contributors: A. Bailleux, E. Brems, E. Bribosia, V. David, P. De Hert, M. De Pauw, H. De Vylder, E. Desmet, I. Hachez, D. Inman, I. Isailovic, M. Killander, F. Krenc, M. Langford, G.L. Neuman, I. Rorive, M. Scheinin, S. Smis, R. Smith, O. Van der Noot, S. Van Drooghenbroeck, W. Vandenhole, L. Verdonck
Contents
Contents:
1. Introduction: Rewriting Decisions from a Perspective of Human Rights Integration
Eva Brems
Part I Civil and political rights
2. Questions of Method : the Use of “External Sources” in National Union of Rail, Maritime and Transport Workers v the United Kingdom (ECtHR)
Sébastien Van Drooghenbroeck, Frédéric Krenc and Olivier Van der Noot
3. Standing Alone or Together: The Human Rights Committee’s Decision in A.P. v Russian Federation
Gerald L. Neuman
4. Use of comparative authority in the drafting of judgments of a new regional human rights court. African Court on Human and Peoples’ Rights, Zongo v Burkina Faso
Magnus Killander
5. Same-Sex Marriage in Polarized Times: Revisiting Joslin v New Zealand (HRC)
Malcolm Langford
Part II Economic and Social Rights
6. Caring, rescuing or punishing? Rewriting R.M.S v Spain (ECtHR) from an integrated approach to the rights of women and children in poverty
Valeska David
7. Re-imagining human rights responsibility: shared responsibility for austerity measures in Federation of employed pensioners of Greece (IKA-ETAM) v Greece (ECSR)
Wouter Vandenhole
Part III Women’s rights
8. Yilmaz-Dogan v The Netherlands (CERD): forum shopping and intersecting grounds of discrimination thirty years later
Rhona Smith
9. Developing the full range of state obligations and integrating intersectionality in a case of involuntary sterilization. CEDAW Committee, 4/2004, AS v Hungary
Eva Brems
10. Objection ladies! Taking IPPF-EN v Italy (ECSR) one step further
Emmanuelle Bribosia, Ivana Isailovic and Isabelle Rorive
Part IV Disability rights
11. Rewriting CLR on behalf of Valentin Campeanu v Romania (ECtHR): actio popularis as ultimum remedium to enhance access to justice of victims with a mental disability
Helena De Vylder
12. Integrating disability and elder rights into the ECHR: rewriting McDonald v the United Kingdom (ECtHR)
Marijke De Pauw and Paul De Hert
13. Another look at Glatzel (ECJ). Of principles and discriminations
Antoine Bailleux and Isabelle Hachez
Part V Indigenous peoples’ rights
14. Taking seriously indigenous peoples’ right of self-determination and the principle of ‘free, prior and informed consent’. Human Rights Committee, 2102/2011, Paadar et al. v Finland
Martin Scheinin
15. Rewriting Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (African Commission on Human and Peoples’ Rights): Pushing Indigenous Peoples’ Rights in Africa Forward
Stefaan Smis and Derek Inman
16. Moving Human Rights Jurisprudence to a Higher Gear: Rewriting the case of the Kichwa Indigenous People of Sarayaku v Ecuador (Inter-Am. Ct HR)
Lieselot Verdonck and Ellen Desmet
Index
1. Introduction: Rewriting Decisions from a Perspective of Human Rights Integration
Eva Brems
Part I Civil and political rights
2. Questions of Method : the Use of “External Sources” in National Union of Rail, Maritime and Transport Workers v the United Kingdom (ECtHR)
Sébastien Van Drooghenbroeck, Frédéric Krenc and Olivier Van der Noot
3. Standing Alone or Together: The Human Rights Committee’s Decision in A.P. v Russian Federation
Gerald L. Neuman
4. Use of comparative authority in the drafting of judgments of a new regional human rights court. African Court on Human and Peoples’ Rights, Zongo v Burkina Faso
Magnus Killander
5. Same-Sex Marriage in Polarized Times: Revisiting Joslin v New Zealand (HRC)
Malcolm Langford
Part II Economic and Social Rights
6. Caring, rescuing or punishing? Rewriting R.M.S v Spain (ECtHR) from an integrated approach to the rights of women and children in poverty
Valeska David
7. Re-imagining human rights responsibility: shared responsibility for austerity measures in Federation of employed pensioners of Greece (IKA-ETAM) v Greece (ECSR)
Wouter Vandenhole
Part III Women’s rights
8. Yilmaz-Dogan v The Netherlands (CERD): forum shopping and intersecting grounds of discrimination thirty years later
Rhona Smith
9. Developing the full range of state obligations and integrating intersectionality in a case of involuntary sterilization. CEDAW Committee, 4/2004, AS v Hungary
Eva Brems
10. Objection ladies! Taking IPPF-EN v Italy (ECSR) one step further
Emmanuelle Bribosia, Ivana Isailovic and Isabelle Rorive
Part IV Disability rights
11. Rewriting CLR on behalf of Valentin Campeanu v Romania (ECtHR): actio popularis as ultimum remedium to enhance access to justice of victims with a mental disability
Helena De Vylder
12. Integrating disability and elder rights into the ECHR: rewriting McDonald v the United Kingdom (ECtHR)
Marijke De Pauw and Paul De Hert
13. Another look at Glatzel (ECJ). Of principles and discriminations
Antoine Bailleux and Isabelle Hachez
Part V Indigenous peoples’ rights
14. Taking seriously indigenous peoples’ right of self-determination and the principle of ‘free, prior and informed consent’. Human Rights Committee, 2102/2011, Paadar et al. v Finland
Martin Scheinin
15. Rewriting Social and Economic Rights Action Centre and the Centre for Economic and Social Rights v Nigeria (African Commission on Human and Peoples’ Rights): Pushing Indigenous Peoples’ Rights in Africa Forward
Stefaan Smis and Derek Inman
16. Moving Human Rights Jurisprudence to a Higher Gear: Rewriting the case of the Kichwa Indigenous People of Sarayaku v Ecuador (Inter-Am. Ct HR)
Lieselot Verdonck and Ellen Desmet
Index
