Human rights tectonics : global dynamics of integration and fragmentation / edited by Emmanuelle Bribosia, Isabelle Rorive ; in collaboration with Ana Maria Correa.

Format:

Book

Contributor:

Bribosia, Emmanuelle, editor.

Rorive, Isabelle, editor.

Corrêa, Ana Maria (Legal research scholar), editor.

Language:

English

Subjects (All):

Humanitarian law.

International law and human rights.

Physical Description:

1 online resource (xxxv, 331 pages) : digital, PDF file(s)

Place of Publication:

Cambridge : Intersentia, 2018.

System Details:

text file

PDF

Summary:

Human Rights Tectonics: Global Dynamics of Integration and Fragmentation is a collaborative effort of internationally renowned human rights experts to analyse the effectiveness of legal protection in a highly fragmented and multi-layered human rights system. Bringing together international, European and national perspectives and focusing on select subject areas such as non-discrimination, accommodation of cultural identity and socio-economic rights, the book examines the difficulties faced by human rights lawyers in their day-to-day work. Through the implementation of a methodology applying both theoretical inquiry and case study examples, the book analyses the impact of the fragmentation of international and regional human rights and how this can cause failures in effective legal protection or, on certain occasions, strengthen it. The imagery of plate tectonics aims to portray the extent to which human rights law is in perpetual construction and constant renewal with lines of convergence and divergence. Entangled into battles, shocks, jolts or clashes, human rights find themselves today 'on trial'. Against this backdrop, the book addresses the case for an increased integration of human rights law, comprehensively and critically, with a focus on concrete and contemporary issues. Emmanuelle Bribosia and Isabelle Rorive are law professors at the Université libre de Bruxelles (ULB). They are Director of the Center for European Lawand Director of the Centre Perelman for Legal Philosophy respectively. They co-founded the Equality Law Clinic.

Contents:

Part I Promises and Challenges of an Integrated Approach to Human Rights

The Formation of a Common Law of Human Rights p. 3 / Olivier De Schutter

2 International Human Rights Treaties as 'Living Instruments' and the Formation of a Jus Commune p. 4

3 Cross-Jurisdictional Dialogue: A Typology of Scenarios p. 9

4 Developing the Human Rights Jus Commune p. 18

5 The Problem of Consistency in the Formation of the Human Rights Jus Commune p. 24

6 From a Formalistic to a Dialogic Approach p. 35

UN Special Procedures: System Puppets or User's Saviours? p. 41 / Rhona KM Smith

2 The UN Special Procedures p. 42

3 System Puppets? p. 47

4 User's Saviours? p. 51

5 Interactions with Regional Organisations p. 56

6 Interactions with Other UN Human Rights Monitoring Systems p. 58

7 Interactions with States Outside the Foregoing p. 59

8 Interactions between Themselves p. 62

9 Interactions with NGOs and Civil Society p. 63

10 Interactions with Individuals p. 64

11 Conclusions: Puppets or Saviours? p. 67

The African Court on Human and Peoples' Rights: A Uniquely Equipped Testbed for (the Limits of) Human Rights Integration? p. 69 / Adamantia Rachovitsa

2 Human Rights Integration in the Drafting of the ACHPR and the Potential of the African Human Rights Corpus Juris p. 71

3 The Interpretative Use of Relevant International Instruments as a Means to Pursue Human Rights Integration p. 74

The Role of Non-Judicial Bodies in Human Rights Implementation p. 89 / Lorenza Violini

2 Non-Judicial Rights Promotion and Judicial Protection as Essential Elements of a Fully Fledged Human Rights System p. 91

3 Non-Judicial Bodies: A Survey p. 93

4 Forms of Non-Judicial Action in the Field of Human Rights: An Insight into the Work of Regional Organisations p. 98

5 Convergence and Divergence on the Independence of Non-Judicial Rights Bodies p. 101

Part II Human Rights Tectonics through an Issue-Based Approach

Why a Global Approach to Non-Discrimination Law Matters: Struggling with the 'Conscience' of Companies p. 111 / Emmanuelle Bribosia and Isabelle Rorive

2 When Businesses Find Their Conscience p. 115

3 When Religious Symbols are in Conflict with a Company's Image p. 130

Sexual and Reproductive Rights at the Crossroads: Intersectionality and the UN Treaty Monitoring Bodies p. 141 / Joanna Bourke Martignoni

2 Theorising and Applying Inter sectional Methods p. 142

3 Intersectionality Comes to International Human Rights Law p. 146

4 Sexual and Reproductive Rights and Single-Axis Practice: A.S. v Hungary p. 148

5 Intersectional Analysis of Sexual and Reproductive Rights p. 150

6 Intersectionalities within Individual Complaints and Inquiries p. 153

7 Intersectionality Taken Too Far? Amanda Jane Mellet v Ireland p. 157

The Integration of Cultural and Economic Rights by Regional Human Rights Courts p. 163 / Valeska David

2 A Conceptual and Normative Exploration of Cultural and Socio-Economic Inequalities p. 166

3 Integrating the Cultural Identity and Socio-Economic Interests of Roma and Travellers before the ECtHR p. 170

4 Integrating the Cultural Identity and Socio-Economic Interests of Indigenous and Tribal Peoples before the IACtHR p. 178

5 Opportunities and Legal Tools for Integration p. 187

The Use of External Instruments by the European Court of Human Rights: (Missed) Opportunities for the Rights of Persons with Disabilities p. 193 / Dorothea Staes and Joseph Damamme

2 The Courts Comprehensive Approach to External Instruments p. 197

3 External Referencing from an Integrative Perspective: Missed Opportunities p. 200

Part III Human Rights Dynamics in Europe

The European Union in the International System of Human Rights Protection: Solo Singer or Voice in the Choir? p. 225 / Bruno De Witte

2 The Changing Relationship between the Two European Courts p. 226

3 The CJEU and International Human Rights Treaties Other than the Convention p. 231

4 Non-Judicial Interactions: The Role of International Human Rights in the External Relations of the EU p. 235

Opinion 2/13 as a Game Changer in the Dialogue between the European Courts? p. 243 / Jasper Krommendijk

2 The Legal Framework p. 246

3 A Post-Opinion 2/13 Typology of the Practice of Citing Strasbourg p. 250

4 Concluding Remarks: Opinion 2/13 as a Game Changer? p. 265

Sharing of the Burden of Proof in Cases on Racial Discrimination: Concepts, General Trends and Challenges before the ECtHR p. 271 / Kristin Henrard

2 The Burden of Proof: Concepts and Practical Importance p. 275

3 A Trend Towards the Adoption of a Shared Burden of Proof in Cases on Discrimination? p. 278

4 The Special Allocation of the Burden of Proof: From Principle to Application (Criteria) p. 280

5 The ECtHR and the Burden of Proof in Racial Discrimination Cases: A Mixed Account p. 292

Rethinking the Two Margins of Appreciation p. 303 / Oddny Mjöll Arnardóttir

2 Two Recent Conceptualisations of the Margin of Appreciation Doctrine and the Cause for a Rethink p. 306

3 The Rethought Two Margins of Appreciation: The Identification of Two Different Functions for the Margin of Appreciation Doctrine in the Case Law of the Court p. 312

4 Conclusions: Calling a Spade a Spade p. 327.

Notes:

Title from publisher's bibliographic system (viewed on 18 Feb 2019).

Other Format:

Print version:

ISBN:

9781780688060

Access Restriction:

Restricted for use by site license.