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Integrated Human Rights in Practice: Rewriting Human Rights Decisions

Integrated Human Rights in Practice: Rewriting Human Rights Decisions

作者： Eva Brems; Ellen Desmet
出版商： Edward Elgar Publishing
ISBN: 9781786433794
出版时间 September 2017
规格： Hardback
适应领域： U.K. ? 免责申明：
Countri(es) stated herein are used as reference only

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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.
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 Polarised 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

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