Droits de l’homme

Introduction

Human Rights - Research Guide International Law

Les droits de l'homme sont les droits et libertés fondamentaux que possède tout être humain, quels que soient sa nationalité,, son sexe, sa religion, sa nationalité ou son origine ethnique, sa langue, son orientation sexuelle, son lieu de résidence ou tout autre statut. Toutes les personnes bénéficient des mêmes droits de l'homme sans discrimination. C'est pourquoi les droits de l'homme sont considérées comme des droits universels. Ils comprennent le droit à la vie et à la liberté, la liberté de penser et d'expression, le droit à l'éducation, le droit à l'alimentation ainsi que les droits économiques, sociaux et culturels. Souvent, les droits de l'homme sont exprimés et garantis par des textes juridiques sous la forme de législations nationales, de traités internationaux, de coutume internationale, de principes généraux et d'autres sources du droit international. Les droits de l'homme comprennent à la fois des droits et des obligations. Le droit international impose aux États de respecter, de protéger et de garantir les droits de l'homme. L'obligation de protéger impose aux États de protéger les individus et les groupes contre les atteintes aux droits de l'homme. Au niveau individuel, chaque personne doit également respecter les droits de l'homme des autres.

Le présent guide de recherche se veut un point de départ pour mener des recherches relatives aux droits de l'homme. Il fournit les textes juridiques de base disponibles à la Bibliothèque du Palais de la Paix, qu'il s'agisse de documents imprimés ou de documents sous format électronique. La section intitulée "Bibliographie sélective" présente une sélection de manuels, d'articles importants, de bibliographies, de publications périodiques, de publications en série et de documents pertinents. Des liens permettent de rejoindre le catalogue PPL. Le code de classification de la bibliothèque 98a. Droits de l'homme et le mot-matière (mot-clef) Droits de l’homme sont des instruments permettant de faire une recherche dans le catalogue. Une attention particulière est prêtée à nos inscriptions aux bases de données, revues électroniques, livres électroniques et autres ressources électroniques. Enfin, le présent guide de recherche contient des liens vers des sites Internet pertinents et d'autres ressources en ligne présentant un intérêt particulier.

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Bibliographie

Reference works

 (in the catalogue: Reference works can best be found using the advanced search option. Select keyword and type human rights and in the next line select keyword and type manuals)

Books and reference works on selected issues

Documents / Instruments

There are nine core international human rights instruments, often supplemented by optional protocols dealing with specific concerns. Each of these  instruments has established a committee of experts to monitor implementation of the treaty provisions by its State parties. These instruments and committees are: International Convention on the Elimination of All Forms of Racial Discrimination (Committee on the Elimination of Racial Discrimination) ; The International Covenant on Civil and Political Rights (Human Rights Committee); International Covenant on Economic, Social and Cultural Rights (Committee on Economic, Social and Cultural Rights); Convention on the Elimination of All Forms of Discrimination Against Women (Committee on the Elimination of Discrimination against Women); Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Committee against Torture); Convention on the Rights of the Child (Committee on the Rights of the Child); International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (committee on Migrant Workers); International Convention for the Protection of All Persons from Enforced Disappearance (Committee on Enforced Disappearances) and the Convention on the Rights of Persons with Disabilities (Committee on the Rights of Persons with Disabilities).

Regional Instruments

There are regional human right instruments in Europe, the Americas and Africa:

Africa

 

Americas

 

Europe:

 

A selection of books containing a compilation of human rights instruments:

Online: U.N. High Commissioner for Human Rights, Universal Human Rights Instruments.

(In the catalogue: Documents can best be found using the advanced search option. Select keyword and type human rights and in the next line select keyword and type documents)

Periodicals, serial publications

see this link for other human rights related journals http://lawlib.wlu.edu/LJ/index2014.aspx?country=All%20Countries&subject=Human+Rights

Bibliographies

New titles


1. Derechos emergentes: desarrollo y medio ambiente
Derechos emergentes: desarrollo y medio ambiente / [Jaume Saura Estapa, María Eugenia Rodríguez Palop, editores] ; [contributors:] Mar Aguilera Vaqués, David Bondia Garcia, José Joaquín Fernández Alles, María Teresa Fernández Alles, Felipe Gómez Isa, María José González Ordovás, Laura Huici Sancho, María Mercedes Soto García, Daniel Raventós Pañella, María Eugenia Rodríguez Palop, Jaume Saura Estapà. - Valencia : Tirant lo Blanch, 2014. - 308 pages. ; 22 cm. - (El tiempo de los derechos ; 3) Huri-Age Consolider-Ingenio 2010. - Includes bibliographical references. - 2014
Keywords: Development, Environmental protection, Sustainable development, Human rights, Rights,

2. Rishennia Evropeis'koho sudu z prav liudyny proty Ukrainy za stattiamy 2 ta 3 Konvencii šchodo porušennia prav pozbavlenych voli na medyčnu dopomohu
Rishennia Evropeis'koho sudu z prav liudyny proty Ukrainy za stattiamy 2 ta 3 Konvencii šchodo porušennia prav pozbavlenych voli na medyčnu dopomohu / E.Ju. Zacharov, G.V. Tokarev. - Kharkiv : Prava liudyny, 2015. - 558 pages. ; 21 cm Title in English: The European Court of Human Rights against Ukraine under Articles 2 and 3 of the Convention concerning the violation of the rights of prisoners to medical care. - 2015
Keywords: Ukraine, European Court of Human Rights, Detainees, Medical services, Human rights, European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950),

3. Seeking Solace from a Distance, Jettisoning National Courts
Seeking Solace from a Distance, Jettisoning National Courts : Reliance on Supra National Judicial Bodies to reazie Economic Social and Cultural Rights (ESCR) in Nigeria / Onuora-Oguno Azubike In: Proceedings of the ... Annual Meeting = ISSN 0272-5037: (2015), issue 109, page 30-32. - 2015
Keywords: Nigeria, Economic, social and cultural rights, Regional courts, Human rights,

4. African Jurisprudence for Africa's Problems
African Jurisprudence for Africa's Problems : Human Rights Norm Diffusion and Norm Generation through Africa's Regional International Courts / Ayodeji K. Perrin In: Proceedings of the ... Annual Meeting = ISSN 0272-5037: (2015), issue 109, page 32-37. - 2015
Keywords: Africa, Regional courts, Human rights, Fragmentation of international law,

5. Addressing Violations of Human Rights in Forensic Psychiatric Institutions
Addressing Violations of Human Rights in Forensic Psychiatric Institutions : Philosophical ans Strategic Debates / Carole J. Petersen In: Proceedings of the ... Annual Meeting = ISSN 0272-5037: (2015), issue 109, page 80-83. - 2015
Keywords: Invalidity, Psychiatry, Human rights, United Nations Convention on the Rights of Persons with Disabilities (New York, 13 December 2006),

6. Complicity in International Law
Complicity in International Law : Some Lessons from the U.S. Rendition Program / André Nollkaemper In: Proceedings of the ... Annual Meeting = ISSN 0272-5037: (2015), issue 109, page 177-181. - 2015
Keywords: United States of America, Transfer of prisoners, Third states, Complicity, Human rights, European Court of Human Rights,

7. Complicity in Business and Human Rights
Complicity in Business and Human Rights / James G. Stewart In: Proceedings of the ... Annual Meeting = ISSN 0272-5037: (2015), issue 109, page 181-184. - 2015
Keywords: Multinational enterprises, Human rights, Complicity, Negligence,

8. Expanding the Array of Accountable Actors
Expanding the Array of Accountable Actors : Human Rights and Corporate Social Responsibility / Erika George In: Proceedings of the ... Annual Meeting = ISSN 0272-5037: (2015), issue 109, page 246-249. - 2015
Keywords: Human rights, Corporate responsibility,

9. Acting TOGETHER to Stop Those Who Are Killing Us
Acting TOGETHER to Stop Those Who Are Killing Us : International Law and the Civil Society Struggle against Jihadist Terrorism / Karima Bennoune In: Proceedings of the ... Annual Meeting = ISSN 0272-5037: (2015), issue 109, page 143-152. - 2015
Keywords: Terrorism, Jihad, Fundamentalism, Islam, Human rights,

10. Noción, fundamento y viabilidad de los derechos humanos emergentes: una aproximación desde el derecho internacional
Noción, fundamento y viabilidad de los derechos humanos emergentes: una aproximación desde el derecho internacional / Jaume Saura Estapà. - Valencia : Tirant lo Blanch. - Page 17-42 In: Derechos emergentes: desarrollo y medio ambiente / [Jaume Saura Estapa, María Eugenia Rodríguez Palop, editores], ISBN 9788490531761: (2014), Page 17-42. - 2014
Keywords: Human rights, International law, Rights, Democracy,

11. El derecho a un medio ambiente sano en la jurisprudencia del Tribunal Europeo de Derechos Humanos
El derecho a un medio ambiente sano en la jurisprudencia del Tribunal Europeo de Derechos Humanos / Mar Aguilera Vaqués. - Valencia : Tirant lo Blanch. - Page 67-95 In: Derechos emergentes: desarrollo y medio ambiente / [Jaume Saura Estapa, María Eugenia Rodríguez Palop, editores], ISBN 9788490531761: (2014), Page 67-95. - 2014
Keywords: European Court of Human Rights, Right to a sound, satisfactory and healthy environment, Human rights, Environmental protection, Development, European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950),

12. Tutela interna e tutela internazionale dei diritti umani tra sovranità democratica e Jurisdiktionsstaat (i limiti della Völkerrechtsfreundlichkeit nell'ordinamento costituzionale italiano)
Tutela interna e tutela internazionale dei diritti umani tra sovranità democratica e Jurisdiktionsstaat (i limiti della Völkerrechtsfreundlichkeit nell'ordinamento costituzionale italiano) / Vincenzo Baldini. - Milano : Giuffrè Editore. - Pages 101-125 In: Scritti in onore di Antonio D'Atena, ISBN 9788814200434: vol. 1. - 2015
Keywords: Italy, European Court of Human Rights, Constitutional law, Human rights, Domestic law, International law and national law, Sovereignty, Democracy, European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950),

13. Nonjudicial Punishments of Political Offenses in North Korea
Nonjudicial Punishments of Political Offenses in North Korea : with a Focus on "Kwanriso" / Tae-Ung Baik In: American Journal of Comparative Law = ISSN 0002-919X: vol. 64, issue 4, page 891-930. - 2016
Keywords: North Korea, Political offenses, Criminal law, Concentration camps, Human rights, Torture, Forced disappearance,

14. Conflictos derivados del uso del velo integral en Europa: prohibiciones y gestión de la vida en común
Conflictos derivados del uso del velo integral en Europa: prohibiciones y gestión de la vida en común / Ángeles Solanes Corella. - Valencia : Tirant lo Blanch. - Page 89-124 In: Diversidad cultural y conflictos en la Unión Europea : implicaciones jurídico-políticas / editora Ángeles Solanes Corella, ISBN 9788491196488: (2016), Page 89-124. - 2016
Keywords: Europe, European Court of Human Rights, Multicultural society, Cultural diversity, Veil, Muslims, Women, Equality, Freedom of thought, conscience and religion, European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950),

15. Can African juridical principles redeem and legitimise contemporary human rights jurisprudence?
Can African juridical principles redeem and legitimise contemporary human rights jurisprudence? / Nqosa L. Mahao In: Comparative and International Law Journal of Southern Africa = ISSN 0010-4051: vol. 49, issue 3, page 455-476. - 2016
Keywords: Africa, Human rights, Case-law, Postcolonialism,

16. Auf dem Weg zu globalen Unternehmensregeln
Auf dem Weg zu globalen Unternehmensregeln : der "Treaty-Prozess" bei den Vereinten Nationen über ein internationales Menschenrechtsabkommen zu Transnationalen Konzernen und anderen Unternehmen / Jens Martens und Karolin Seitz. - Bonn : Global Policy Forum ; New York, NY : Rosa-Luxemburg-Stiftung, New York Office, 2016. - 64 pages. : illustrations Includes bibliographical references and summary. - 2016
Keywords: United Nations, United Nations Human Rights Council, Multinational enterprises, Human rights,

17. Operational Obligation under Article 2 of the European Convention on Human Rights and Challenges for Coherence – Views from the English Supreme Court and Strasbourg
Operational Obligation under Article 2 of the European Convention on Human Rights and Challenges for Coherence – Views from the English Supreme Court and Strasbourg / Jane Wright In: Journal of European Tort Law = ISSN 1868-9620: vol. 7, issue 1, page 58-81. - 2016
Keywords: Great Britain, European Court of Human Rights, European Convention for the Protection of Human Rights and Fundamental Freedoms (Rome, 4 November 1950), Supreme court, Human life, Victims, Torts, Human rights, Case-law,

18. Gender and Sexual Diversity: A Question of Humanity
Gender and Sexual Diversity: A Question of Humanity / Otto, Dianne In: Melbourne Journal of International Law = ISSN 1444-8602: vol. 17, issue 2, page 477-488. - 2016
Keywords: Lesbian, gay, bisexual, and transgender rights, Sexual orientation, Human rights,

Choix de bibliothécaire

  • Kamber, K., Prosecuting Human Rights Offences : Rethinking the Sword Function of Human Rights Law Leiden, Brill, 2017.

    In Prosecuting Human Rights Offences: Rethinking the Sword Function of Human Rights Law the author explores and explains the extent to which the features of the procedural obligation to investigate, prosecute and punish criminal attacks on human rights determine the contemporary understanding of the function of criminal prosecution. The author provides an innovative and thought-provoking account of the highly topical and largely unexplored topic of the sword function of human rights law. The book contains the first comprehensive and holistic analysis of the procedural obligation to investigate and prosecute human rights offences in the law of the European Convention on Human Rights, which the author puts in the general perspectives of human rights law and criminal procedure.

     

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  • Brysk, A. and M. Stohl (eds.), Expanding Human Rights : 21st Century Norms and Governance, Cheltenham, Edward Elgar Publishing, 2017.

    This multi-disciplinary book addresses the ever-expanding notion of human rights within the 21st century. By analyzing the global dynamics of the mobilization of new actors, claims, institutions and modes of accountability, Brysk and Stohl assess the potential and limitations of global reforms.

    Expanding Human Rights gives a comprehensive overview of current human rights issues and the outlook for the future. The contributors present evidence of new methods for enforcing existing rights and new strategies for further development through in-depth analysis of campaigns and reforms from Eastern Europe, Japan, India, Africa and the US. These include rights of indigenous peoples, food and water rights, violence against women, child mortality and international financial and corporate responsibility.

    This book will interest academics and advanced students in human rights, international affairs, political science and law. Policy makers and global human rights activists will find the analyses and insights concerning the expansion of rights and the often accompanying backlash to be of great use when approaching their next human rights campaign.

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  • Buckley, C.M., (eds.) (et. al.), Towards convergence in International Human Rights Law: Approaches of Regional and International Systems, Leiden, Brill Nijhoff, 2017.

    We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and coherence of international human rights protection. How far do human rights standards and their interpretation by different regional and international human rights systems diverge? To what extent do human rights bodies ‘borrow’ from or influence each other in respect of their case law, practices and procedures? Is global human rights protection fragmenting or heading towards greater coherence? This edited collection addresses these questions through the insights of leading scholars and jurists with first-hand experience of human rights adjudication and litigation.

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  • Stark, B. (ed.), Human Rights and Children, Cheltenham, Edwar Elgar Publishing, 2017.

    This volume provides a comprehensive overview of children’s human rights, collecting the works of leading authorities as well as new scholars grappling with emerging ideas of ‘children’ and ‘rights.’ Beginning with the Convention on the Rights of the Child, the most widely ratified human rights treaty in the world, this book explores the theory, doctrine, and implementation of the legal frameworks addressing child labor, child soldiers, and child trafficking, as well as children’s socio-economic rights, including their rights to education.

    With an original introduction by the Professor Stark, this topical volume is an invaluable resource for scholars, students, and activists

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  • Reinbold, J., Seeing the Myth in Human Rights, Philadelphia, University of Pennsylvania Press, 2017.

    The 1948 Universal Declaration of Human Rights has been called one of the most powerful documents in human history. Today, the mere accusation of violations of the rights outlined in this document cows political leaders and riles the international community. Yet as a nonbinding document with no mechanism for enforcement, it holds almost no legal authority. Indeed, since its adoption, the Declaration's authority has been portrayed not as legal or political but as moral. Rather than providing a set of rules to follow or laws to obey, it represents a set of standards against which the world's societies are measured. It has achieved a level of rhetorical power and influence unlike anything else in modern world politics, becoming the foundational myth of the human rights project.

    Seeing the Myth in Human Rights presents an interdisciplinary investigation into the role of mythmaking in the creation and propagation of the Universal Declaration. Pushing beyond conventional understandings of myth, which tend to view such narratives as vehicles either for the spreading of particular religious dogmas or for the spreading of erroneous, even duplicitous, discourses, Jenna Reinbold mobilizes a robust body of scholarship within the field of religious studies to help us appreciate myth as a mode of human labor designed to generate meaning, solidarity, and order. This usage does not merely parallel today's scholarship on myth; it dovetails in unexpected ways with a burgeoning body of scholarship on the origin and function of contemporary human rights, and it puts the field of religious studies into conversation with the fields of political philosophy, critical legal studies, and human rights historiography. For Reinbold, myth is a phenomenon that is not merely germane to the exploration of specific religious narratives but is key to a broader understanding of the nature of political authority in the modern world.

    "Jenna Reinbold explores the role of mythology in the assertion of human rights discourse and offers an original, profound, and provocative contribution to debates on foundationalism in human rights, on the politics of human rights, and on the relationship between the sacred and the secular in international politics."—Bronwyn Leebaw, University of California, Riverside

    "Seeing the Myth in Human Rights is an important work that is sharp but open-minded. Jenna Reinbold links the Universal Declaration of Human Rights to the notion of myth, not to debunk the human rights project but to illuminate the best-known legal, moral, and political document of the twentieth century."—Alexandre Lefebvre, University of Sydney

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  • Weber L., Fishwick E. and Marmo M. (eds.),The Routledge International Handbook of Criminology and Human Rights, London, New York, Taylor & Francis Group, 2017.

    The Routledge International Handbook of Criminology and Human Rights brings together a diverse body of work from around the globe and across a wide range of criminological topics and perspectives, united by its critical application of human rights law and principles. This collection explores the interdisciplinary reach of criminology and is the first of its kind to link criminology and human rights.

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  • Zeegers, K., International Criminal Tribunals and Human Rights Law: Adherence and Contextualization, The Hague, Asser Press, 2016.

    This book addresses the interpretation and application of human rights norms by International Criminal Tribunals (ICTs). Such Tribunals are widely heralded as humanrights defenders. At the same time, however, they employ activities that necessarilyentail the risk of human rights violations: they conduct criminal investigations, arrest and detain individuals, and put them on trial. This book investigates this flip-side of the ICTs’ relationship with international human rights law, and focuses on the ICTs’own interpretation and application of human rights norms.
    Firstly, the book addresses whether and how ICTs are bound by human rights law, since unlike states they do not sign or ratify human rights conventions. Secondly, the book provides an in-depth analysis of the way in which ICTs interpret and apply human rights norms, compared to the way in which these norms are interpreted in a traditional state-context. Relying on the unique circumstances in which they operate, ICTs have often deviated from generally accepted interpretations of human rights. The author critically examines this so-called contextual approach and seeks to recommend ways in which ICTs can improve their interpretative practice by giving due regard to the context in which they operate, while still providing adequate human rights protection.

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  • Gibney, M., International Human Rights Law: Returning to Universal Principles, Lanham : Rowman & Littlefield, 2016.

    This clear and compelling book challenges the reader to rethink the entire basis for human rights, providing a vastly different vision of a way forward out of our current quagmire. Mark Gibney persuasively advocates for a much broader reading of the law on state responsibility, arguing that current law misses most of the ways in which states fail to protect human rights and police violations. Calling for other measures to provide victims the 'effective remedy' that international human rights law promises, Gibney sets forth a series of practical steps that would profoundly change the nature of human rights protection.

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  • Renouard, J., Human Rights in American Foreign Policy: From the 1960s to the Soviet Collapse, Philadelphia, University of Pennsylvania Press, PENN, 2016

    International human rights issues perpetually highlight the tension between political interest and idealism. Over the last fifty years, the United States has labored to find an appropriate response to each new human rights crisis, balancing national and global interests as well as political and humanitarian impulses.

    Human Rights in American Foreign Policy explores America's international human rights policies from the Vietnam War era to the end of the Cold War. Global in scope and ambitious in scale, this book examines American responses to a broad array of human rights violations: torture and political imprisonment in South America; apartheid in South Africa; state violence in China; civil wars in Central America; persecution of Jews in the Soviet Union; movements for democracy and civil liberties in East Asia and Eastern Europe; and revolutionary political transitions in Iran, Nicaragua, and the collapsing USSR.

    Joe Renouard challenges the characterization of American human rights policymaking as one of inaction, hypocrisy, and double standards. Arguing that a consistent standard is impractical, he explores how policymakers and citizens have weighed the narrow pursuit of traditional national interests with the desire to promote human rights. Human Rights in American Foreign Policy renders coherent a series of disparate foreign policy decisions during a tumultuous time in world history. Ultimately the United States emerges as neither exceptionally compassionate nor unusually wicked. Rather, it is a nation that manages by turns to be cautiously pragmatic, boldly benevolent, and coldly self-interested.

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  • Saul, B., Indigenous Peoples and Human Rights: International and Regional Jurisprudence, Oxford, UK, Hart Publishing, 2016.

    Indigenous Peoples and Human Rights explores how general human rights standards have enabled, empowered and constrained indigenous peoples in claiming and defending their essential economic, social, cultural, civil and political interests. The book examines the jurisprudence of United Nations treaty committees and regional human rights bodies (in Africa, the Americas and Europe) that have interpreted and applied human rights standards to the special circumstances and experiences of indigenous peoples. It focuses particularly on how human rights laws since the 1960s have been drawn upon by indigenous activists and victims to protect their interests in ancestral lands, natural resources, culture and language. It further explores the right to indigenous self-determination; civil and political rights; economic, social and cultural rights (including labour rights); family and children's rights; violence and discrimination against indigenous peoples; and access to justice and remedies for violations. The book also discusses international and regional efforts to define who is 'indigenous' and who is a 'minority', and the legal relationship between indigenous individuals and their communities. The jurisprudence considered in this book significantly shaped the UN Declaration on the Rights of Indigenous Peoples 2007, which particularises and adapts general human rights standards for indigenous peoples. The book concludes by exploring future normative and implementation challenges in the light of the standard setting and consolidation, and political momentum, surrounding the UN Declaration and associated UN human rights mechanisms.

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  • Wei, H.H., A Dialogical Concept of Minority Rights, Leiden, Brill Nijhoff, 2016.

    In A Dialogical Concept of Minority Rights, Hanna H. Wei demonstrates that a more plausible and realistic concept of minority rights should consist of not only rights against the state but also rights against the group. She formulates and defends three separate but related rights to dialogue, and thoroughly analyses how they may operate not only to maintain a healthy balance between the minorities’ need to be culturally distinct and their need to relate to and belong in the larger society, but also that they address the generalisations and presuppositions on which the debate of multiculturalism has been based, and constitute the first step of a possible solution to many of the theoretical and practical difficulties of minority protection.

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  • Paulussen, C. (et al)(eds.), Fundamental rights in international and European law: public and private law perspectives, The Hague, Asser Press, 2016.

    In this book various perspectives on fundamental rights in the fields of public and private international law are innovatively covered. Published on the occasion of the 50th anniversary of the T.M.C. Asser Instituut in The Hague, the collection reflects the breadth and scope of the Institute’s research activities in the fields of public international law, EU law, private international law and international and European sports law. It does so by shedding more light on topical issues – such as drone warfare, the fight against terrorism, the international trade environment nexus and forced arbitration – that can be related to the theme of fundamental rights, which runs through all these four areas of research.

    Points of divergence and areas of common ground are uncovered in contributions from both staff members and distinguished external authors, having long-standing academic relations with the Institute.

    The Editors of this book are all staff members of the T.M.C. Asser Instituut, each of them representing one of the areas of research the Institute covers.

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  • Costello, C., The Human Rights of Migrants in European Law, Oxford, Oxford University Press, 2016.

    Focussing on access to territory and authorization of presence and residence for third-country nationals, this book examines the EU law on immigration and asylum, addressing related questions of security of residence. Concentrating on the key measures concerning both the rights of third-country nationals to enter and stay in the EU, and the EU's construction of illegal immigration, it provides a detailed and critical discussion of EU and ECHR migration and refugee law.

    Rights of admission include three categories of entrants: labour migrants, family migrants, and asylum seekers and refugees. Legal entry raises further questions, and recent key measures, including the EU Blue Card Directive, the Family Reunification Directive, and the Dublin Regulation and related instruments are examined. As most of these EU measures deal with those border crossings where human rights norms have already established some constraints on state discretion, the interaction between the EU norms and the case law of the European Court of Human Rights (ECtHR) is a key concern. The uniting theme is the interaction between established human rights norms, in particular the ECHR, and EU law. Does the EU fulfil its post-national promise to create forms of membership beyond the state, or in its treatment of non-Europeans, does it undermine human rights and existing legal protections?

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  • Temperman, J., Religious Hatred and International Law: The Prohibition of Incitement to Violence or Discrimination, Cambridge, Cambridge University Press, 2016.

    The UN International Covenant on Civil and Political Rights obliges state parties to prohibit any advocacy of religious hatred that constitutes incitement to discrimination or violence. This book traces the origins of this provision and proposes an actus reus for this offence. The question of whether hateful incitement is a prohibition per se or also encapsulates a fundamental 'right to be protected against incitement' is extensively debated. Also addressed is the question of how to judge incitement. Is mens rea required to convict someone of advocating hatred, and if so, for what degree of intent? This analysis also includes the paramount question if and to what extent content and/or context factors ought to be decisive. The author extensively engages with comparative domestic law and compares the workings of the UN Human Rights Committee with those of the UN Committee on the Elimination of Racial Discrimination and the European Court of Human Rights.

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Database

  • Nijhoff, Human Rights and Humanitarian Law - Ebooks.  Fulltext searchable collections of book titles (monographs, edited volumes, and handbooks) as published annually by Martinus Nijhoff Publishers. Subject that are covered include public international law, law of the sea, international trade law, international labour law, environmental law, European law, Islamic law, international relations, international organizations, terrorism and legal history.
  • Oxford Reports, International Human Rights Law. The Oxford Reports on International Human Rights Law covers international decisions on human rights from a variety of global and regional courts. The Human Rights Law Centre at Nottingham University has selected those cases which are most important for gaining an understanding of the rights and freedoms guaranteed under the European Convention on Human Rights. IHRL will provide a comprehensive coverage of the key issues determined by the European Commission and Court to date. Cases selected include all plenary and grand chamber judgments at the admissibility and merits stage of proceedings, as well as other decisions and judgments of significance for their contribution to the development of the case law of the European Convention. This module will include approximately 500 decisions from year 1961 to 2007, and thereafter 150 per year (out of 900-1000 decisions per year).
  • United Nations Audiovisual Library of International Law, Human Rights Lecture Series. The Lecture Series contains a permanent collection of lectures of enduring value on virtually every subject of international law given by leading international law scholars and practitioners from different regions, legal systems, cultures and sectors of the legal profession. The lectures are organized by subject matter, under the headings on the left of the page. Additional information about the lecturer and, when available, a brief description of the lecture, as well as related materials (lecture outline, presentation slides, references, recommended readings, etc.) can be accessed by clicking the “read more” link underneath the lecture titles.

 

Blogs

  • Symposium and Book launch: "Women's Human Rights and the Elimination of Discrimination".

    On the occasion of International Women’s Day, a Symposium including a book launch of the latest publication of the Academy, “Women’s Human Rights and the Elimination of Discrimination,” took place in the Auditorium of the Academy building of the Peace Palace on Wednesday 8 March 2017. The symposium was opened by a word of welcome of professor Jean-Marc Thouvenin, Secretary-General of The Hague Academy of International Law. After the welcome address Ms. Saskia Bruines, the Deputy-Mayor of The Hague held a speech about gender equality, women in leadership positions. Unfortunately, the glass ceiling for women in career related matters has not yet been shattered.

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  • International Women's Day: 8 March 2017

    International Women’s Day is a global day celebrating the social, economic, cultural and political achievements of women. International Women’s Day is celebrated in many countries around the world. The day also marks a call to action for accelerating gender parity. On this day the Hague Academy of International Law will organize a symposium and the booklaunch of the Centre’s 2014 research programme “Women’s Human Rights and the Elimination of Discrimination= Les droits des femmes et l’élimination de la discrimination”.

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  • Universe of Nonsense

    In today’s malleable world of Big Data, wherein modern people use Google to know more but understand less, we risk forgetting how knowledge is created and how we can verify a fact. The internet would give us a more democratic and open media environment, but the opposite is true: we live in closed communities online, echo well show us what’s right, bubbles created algorithms which make us encounter only the news that confirms our worldview.This electronic world could lead to a feasible reality based on emotions, opinions, prejudices and places the truth based on objective facts more and more in the shade. All the battles for human rights and the call to freedom and justice will turn out meaningless.

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  • The Gerritsen Collection

    The Gerritsen Collection is a comprehensive collection of works pertaining to women’s history, but it also contains a plentitude of books, articles and essays relevant to peace history and the development of international law. The collection honors the legacy of famous peace heroes and feminists. To help educate the public about the 19th century peace movement, the Library – with the assistance from the Bertha von Suttner Project – has subscribed to this database for 2015.

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  • Human Trafficking: Prevention, Prosecution and Protection under International Law

    Despite restrictions and obligations under international law, it is estimated that $31.6 billion is illegally profiteered each year from human trafficking and forced labour of over 27 million people. Human trafficking or trafficking in persons is defined in the 2000 Palermo Protocol as “the recruitment, transportation, transfer, harbouring, or receipt of persons, by means of the threat or use of force or other forms of coercion of abduction, of fraud, of deception, of the abuse of power of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person having control over another person, for the purpose of exploitation.”

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  • Delfi AS v. Estonia: ECHR's decision on liability of websites for offensive online comments of its readers!

    On 16 June 2015 the Grand Chamber of the European Court of Human Rights has delivered the long awaited final judgment in the case of Delfi AS v. Estonia, a legal battle which was launched nine years ago. The Court ruled in favor of Estonia, embracing the idea that websites should be held liable for […]

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  • Delfi AS v. Estonia: ECHR's decision on liability of websites for offensive online comments of its readers!

    On 16 June 2015 the Grand Chamber of the European Court of Human Rights has delivered the long awaited final judgment in the case of Delfi AS v. Estonia. The Court ruled in favor of Estonia, embracing the idea that websites should be held liable for certain types of anonymous comments posted by users. The Court concluded that there was no violation of Article 10 of the European Convention for the Protection of Human Rights and Fundamental Freedoms. In this blog I will briefly discuss the background of this case on freedom of expression and the liability of user-generated content on websites and I will also quote the opinions of a few experts on the Delfi case.

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  • Mixed Migration Flows Across the Mediterranean: The EU Agenda on Migration

    Wars, conflict and persecution have forced more people than at any other time in history to flee their homes and seek refuge and safety elsewhere, according to UNHCR’s annual Global Trends Report: World at War, released on June 18, two days before world refugee day. One of the most recent and highly visible consequences of the world’s conflicts and the terrible suffering they cause has been the dramatic growth in the numbers of refugees seeking safety through dangerous sea journeys, including on the Mediterranean, in the Gulf of Aden and Red Sea, and in Southeast Asia.

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  • More Legal Protection for Journalists?

    On May first people around the world celebrate International Workers’ Day. Less known to the public are the festivities which take place Sunday, May third, in honor of World Press Freedom Day. On this date the international community celebrates the fundamental principles of press freedom; to evaluate press freedom around the world, to defend the media from attacks on their independence and to pay tribute to journalists who have lost their lives in the exercise of their profession.

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  • Border Controls and Human Rights: Migration in the Central Mediterranean

    The Central Mediterranean has, in the last years, turned into the epicentre of human (migrant) disasters. The Central Mediterranean route refers to the migratory flow coming from Northern Africa towards Italy and Malta through the Mediterranean Sea. Here, Libya often acts as nexus point where migrants from the Horn of Africa and Western African routes meet before embarking on their journey towards the EU.

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  • Should Police Officers Wear Body Cameras? The Mike Brown Law

    On 9 August the unarmed, afro-american 18-year-old boy, Michael Brown, was shot and killed by a 28-year-old caucasian police officer, Darren Wilson, in a working-class neighborhood in Ferguson, Mo. The shooting happened after police officer Wilson stopped Brown because he was jaywalking. Unfortunately both the police and the eyewitnesses tell a different story about what happened that evening. Eyewitnesses saw that Brown was shot while he trying to surrender but police officer Darren Wilson stated that Brown assaulted him just before the shooting.

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  • Nelson Mandela (1918-2013)

    Former South African President Nelson Mandela (Madiba) passed away on Thursday December 5, 2013, at age of 95, after a long illness at his home in Johannesburg. “I have fought against white domination, and I have fought against black domination. I have cherished the ideal of a democratic and free society in which all persons will live together in harmony with equal opportunities. It is an ideal which I hope to live for, and to see realised. But my Lord, if needs be, it is an ideal for which I am prepared to die.”

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  • International Refugee Law blog series I: Exclusion of Refugee Status: The Criminal Refugee

    In the western world it is possible you live next to a war criminal, or your child might be playing with the daughter of a war criminal at school. It is also possible to live there without a real prospect of obtaining a form of legal status and without being held criminally responsible for the alleged crime. Who are these people living in legal limbo? why are they still here? The exclusion of refugee status (1F Refugee Convention) and its consequences will be dealt with in this blog.

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  • Open Season for Whistleblowers? Snowden and the right to privacy

    One of the best known whistleblowers at the moment is Edward Snowden. Snowden gave certain selected NSA documents to the Guardian and the Washington Post because “I can’t in good conscience allow the U.S. government to destroy privacy, internet freedom and basic liberties for people around the world with this massive surveillance machine they’re secretly building”.

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  • Google Glasses and Privacy Rights in the Age of Wearable Computing

    The Google glass, reality enhancing, wearable computing that allows you to be connected to the net hands free while on the move, is not yet available for consumers. But already privacy right watchdogs ask themselves whether the Google Glass infringes the privacy rights of citizens. Will this gadget entail the end of privacy? Should we be afraid of the lurking abuse and the possibility of a surveillance state?

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  • A Worldwide Felt Need to End Violence against Women and Girls for Once and for All

    Several violent and cruel gang rapes in India and South Africa, and the death of Reeva Steenkamp, who was shot and killed inside the house of her Olympic athlete boyfriend, have brought the issue of violence against women to the public conscience. The tsunami of violence against women has shocked and dismayed people all over the globe and led to public outrage, protests and public debates. How should the Indian criminal justice system be improved? What will it take to end violence against women?

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  • Homeland, Zero Dark Thirty and Jack Bauer: Rendition, Torture and the Demise of American Values

    The latest in a series of Hollywood productions which reopened a debate about torture and extraordinary rendition is Zero Dark Thirty. Real life variations of Hollywood-scenarios have been unfolding as the US government has engaged in a program of extraordinary rendition since the Clinton Administration and which became widespread under the Bush Administration following the September 11 terrorist attacks.This blog examines Obama’s policy towards torture and (extraordinary) rendition.

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  • State Reform and Multilingualism: The Use of Papiamentu on Bonaire

    In 2010, an important State reform took place in the Kingdom of the Netherlands. Three little islands, Bonaire, St. Eustatius and Saba, too small to become a state in this federal Kingdom, are from October 10, 2010, governed by the Dutch Parliament in The Hague. The legislation introduced for these islands contained some paragraphs on language. The islands have their own home-languages, on Bonaire most of the inhabitants speak Papiamentu, on the other islands English is the common language. In the case of the island of Bonaire a language regulation had to be made, to codify rules on the use of written Papiamentu in government documents.

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  • The International Criminal Prosecution Of Gender Crimes

    When we first think about wars and armed conflicts, we very often think about battlefields, burned villages, wounded soldiers, air-bombs and tanks. We tend to forget that civilians, women and children in particular, are at the centre of warfare and frequently fall victim to sexual violence in staggering numbers. The international community and the UN Security Council have established that gender crimes are part of the most serious of international crimes and should therefore be of great concern to the international community as a whole. In spite of this, international crimes involving sexual violence continue to be one of the most difficult crimes to prosecute.

    This blog will briefly discuss the international criminal prosecution of gender crimes by various international legal institutions.

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  • The Fight for the Chagos Islands

    In the middle of the Indian Ocean, about halfway between India and Indonesia, some 500 km from the Maldives, lies a remote group of coralline islands called the Chagos Archipelago.  This chain of islands consists of seven atolls comprising a total of sixty individual tropical islands. In 1814, the Chagos Islands officially became British territory […]

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  • George Clooney, the Nuba, and SSP

    Searching for the political situation in Sudan and the plight of the Nuba people in particular, Mr Clooney’s name popped up together with SSP. SSP, “a game-changing collaboration, combining commercial satellite imagery, academic analysis, and advocacy to promote human rights in Sudan and South Sudan and serve as an early warning system for impending crisis’ was founded in 2010 on the initiative of George Clooney and John Prendergast.

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  • Suriname, Amnesty laws & the December Murder Trials

    On Friday April 13th 2012, a Surinamese military court was expected to comment on a recently adopted controversial Amnesty bill in the case regarding the December Murders of 1982 in which Desiré Delano (Desi) Bouterse, the current President of the Republic of Suriname, is the prime suspect.

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  • Picture this! The margins of media coverage of celebrities private lives, a balance between privacy and public interest

    If you are a public figure and a celebrity, how much privacy can you expect? How far can a journalist probe into a celebrity’s private life to get news in order to fulfill ‘the right to know’ factor for the public interest?
    In recent years the balance between the media’s right to expression and an individual’s right to privacy has always been tricky and has therefore given rise to much debate. This blog will discuss two judgments of the European Court of Human Rights (ECHR) on Februari 7th 2012,….

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  • “People must be able to look one another in the eye”. Plans of the Dutch Government to ban face-covering clothing.

    The Dutch Government chose to ignore the advice of the Council of State concerning the ban on face-covering clothing. The Council of State, the advisory organ of the Government, heavily criticised the legislative proposal. First, the Council of State does not consider the complete ban as necessary and useful. Second, the Council of State is of the opinion that a ban on face covering clothing is an infringement of the freedom of religion.

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  • Dutch MP acquitted : freedom of expression prevails

    The Amsterdam Court has cleared Dutch Member of Parliament Geert Wilders of hate charges.

    According to the Dutch court his anti-islamic statements always fell within the bounds of legitimate political debate even if they were offensive to many Muslims. The Amsterdam Court found his rhetoric was “on the edge of what is legally permissible.” The statements were directed “against a religion as such and not against individual persons or a group of people.”

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  • A Licence to Kill? The assassination of Osama Bin Laden: Has the USA gone too far in acting as a policeman or was the raid justified?

    Osama Bin Laden (OBL) is dead. He was killed by a special ops team from the United States of America (USA), “after a firefight.” After OBL had been assassinated, the special team of SEALS took the deceased body of the dangerous mastermind terrorist and several hard drives from the compound in Abbottabad. Bin laden had been hiding there with his family for several years without being noticed. When the Pentagon researched the hard drives, it appeared that OBL had been planning new attacks, at least on several US cities and also on European locations. Upon hearing this news so many have sighed with relief that the secret services of the USA found out about these planned attacks before they could actually take place. Obama, President of the USA stated that “justice had been done” by executing OBL. But “what kind of justice” The assassination also led to a lot of questions and criticism: Was the raid justified?

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  • Is the right to self-determination of the entire population of Libya currently being violated by the Government of Gadhafi?

    Is the right to self-determination of peoples applicable to the present revolution – or civil war – in Libya? Can one claim that a State with a dictatorial regime is violating the right to self-determination of its own population?

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  • Egypt and its Constitution

    The 1971 Constitution of the Arab Republic of Egypt as amended to 2007 contains many articles relevant for the present situation.

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  • Latin American Amnesty Laws Annulled; the Struggle Against Impunity Continues

    Over the last two decades national courts all throughout Latin-America began to vigorously ‘attack’ Amnesty laws in order for investigations on human rights violations from the past to go forward. This Blog will briefly outline the causes that led to to these recent changes in Latin – American legal culture.

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  • The Nobel Peace Prize 2010: Liu Xiaobo

    Foto scanpize reuters handout The Norwegian Nobel Committee has decided to award the Nobel Peace Prize for 2010 to Liu Xiaobo for his long and non-violent struggle for fundamental human rights in China. The Norwegian Nobel Committee has long held the view that human rights and peace are closely linked. Human rights are essential for […]

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  • Euthanasia and Assisted Suicide

    If a patient suffers unbearably and when there is no prospect of improvement, some regard the termination of life of the patient as the only option to end the unendurable suffering as quickly as possible.In most countries the practice of euthanasia is illegal. Only in Washington (USA), Oregon (USA), Monatana (USA), The Netherlands, Belgium and Luxemburg, there are laws which permit the practice of euthanasia and assisted suicide under certain circumstances and when specific guidelines are followed. The Netherlands is the first country to legalise the practice of euthanasia. Since 2002 the Dutch Criminal Code of The Netherlands includes grounds for immunity from criminal liability. However, there are strict boundaries.

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  • Religion and Constitutional Rights

    Lately constitutional rights law cases are very much at the centre of public attention in the Netherlands. The cases have a common denominator: religion.

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  • Roma Rights in the European Union.

    In July 2010, The French government decided to begin to expel Roma’s, mainly from Romania and Bulgaria, as many of them were living in France illegally. This decision caused much controversy within the Institutions of the EU. This blog will briefly discuss in what way EU institutions have responded to recent Roma issues and what can be done to improve the position of this marginalized community in Europe.

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  • US court rules that US government funding for stem cell research breaks law protecting human embryos

    The Obama Administration is in favor of human embryonic stem cell research. Further research alongside other kinds of stem cell experimentation is vital to science and further medical study. It could help us understand the process of cell transformation and how diseases such as diabetes and blindness could be treated. James Sherley, an MIT scientist, and several other scientists however oppose to human embryonic stem cell research. They filed a case against the decision of the Obama administration to federally fund embryonic stem cell use research. The Federal District Court for the District of Columbia ruled that the federal funding of stem cell research breaks law protecting human embryos.

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  • Equality in the Line of Succession

    Gender equality legislation is sweeping the world. Constitutions and laws have been recognized by women’s rights activists as important instruments through which decision-making, influence and power are organized and exercised. In a few western countries these changes even touched a very ancient and traditional institution of government which over the centuries has preferably been reserved for males, that is, the institution of monarchy.

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  • Food Crisis

    The global increase in food prices will plunge millions of people into hunger worldwide. Starvation and food shortage already caused food riots and are threatening to destabilize regimes.

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See also

More Research guides on Les individus et le droit international

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