The Realisation of Human Rights: When Theory Meets Practice

Human rights are not aspirational, rather they are meant to be realised. This book is organised into six parts: International Human Rights Law in General; European Human Rights Law; Inter-American and African Human Rights Law; International Human Rights Law, International Criminal Law and International Humanitarian Law; International Human Rights Law, Extraordinary Rendition and Forced Disappearances; and the International and National Protection of Human Rights.
Author(s):
Yves Haeck, Brianne McGonigle Leyh, Clara Burbano Herrera, Diana Contreras Garduno
book | published | 1st edition
March 2014 | xii + 554 pp.

Paperback
€85.-


ISBN 9781780682167

Details

Human rights are not aspirational, rather they are meant to be realised. Since the adoption of the Universal Declaration of Human Rights, a growing number of treaties, declarations, resolutions and other materials has been produced and a wide array of international institutions have been created to monitor the implementation of human rights. Through these documents and institutions the realisation of human rights begins.

However, the struggle to ensure the rights and freedoms of individuals is never an easy one. It requires the commitment of those who believe in the core nature of human rights. One such person has been Leo Zwaak. The idea behind The Realization of Human Rights: When Theory Meets Practice is that throughout Leo Zwaak’s professional life he dedicated himself to the realisation of human rights. Whether acting as an encylopaedia of knowledge when teaching human rights at the university or providing judicial trainings on the five continents, Leo Zwaak has impacted the world of human rights in many ways.

This book is organised into six parts: International Human Rights Law in General; European Human Rights Law; Inter-American and African Human Rights Law; International Human Rights Law, International Criminal Law and International Humanitarian Law; International Human Rights Law, Extraordinary Rendition and Forced Disappearances; and the International and National Protection of Human Rights.

As the book reflects, Leo Zwaak’s work has touched on a wide range of fields, spanning the universal, regional and national levels.

Chapters

Table of Contents (p. 0)

Introduction by the Editors (p. 1)

Part I. International Human Rights Law in General

The International Law of Human Rights Two Decades After the Second World Conference on Human Rights in Vienna in 1993 (p. 13)

Article 1 UDHR: from Credo to Realisation (p. 41)

Some Reflections on Balancing Conflicting Human Rights (p. 53)

Initial Assessment of the United Nations Declaration on Human Rights Education and Training (p. 73)

Part II . European Human Rights Law

The Role of Dialogue in the Relationship Between the European Court of Human Rights and National Courts (p. 89)

Significantly Insignificant? The Life in the Margins of the Admissibility Criterion in Article 35(3)(b) European Convention on Human Rights (p. 107)

The Stubbornness of the European Court of Human Rights’ Margin of Appreciation Doctrine (p. 125)

Are Judges of the European Court of Human Rights so Qualified that They are in No Need of Initial and In-Service Training? A ‘Straatsburgse Myj/mering’ (Myjer’s Musings from Strasbourg) for Leo Zwaak (p. 151)

Part III . Inter-American and African Human Rights Law

A Barren Effort? The Jurisprudence of the Inter-American Court of Human Rights on Jus Cogens (p. 165)

Strengthening or Straining the Inter-American System on Human Rights (p. 193)

Preventing Human Rights Violations: Recommendations for Enhancing the Effectiveness of Interim Measures Before the Inter-American and African Human Rights Commissions (p. 221)

The Recent Practice of the Inter-American Defence Attorney Figure During the Proceedings Before the Inter-American Court of Human Rights (p. 243)

From the Non-Discrimination Clause to the Concept of Vulnerability in International Human Rights Law. Advancing on the Need for Special Protection of Certain Groups and Individuals (p. 259)

The Debt of the Peruvian State Towards the Inter-American System of Human Rights (p. 273)

Part IV. International Human Rights Law, International Criminal Law and International Humanitarian Law

The Right to Truth in International Criminal Proceedings: An Indeterminate Concept from Human Rights Law (p. 291)

Disputes over Exemplary Justice: Kenyans Before the International Criminal Court (p. 313)

Some Thoughts on the Relationship Between International Humanitarian Law and International Human Rights Law: a Plea for Mutual Respect and a Common Sense Approach (p. 335)

A Battle over Elasticity – Interpreting the Concept of ‘Concrete and Direct Military Advantage Anticipated’ under International Humanitarian Law (p. 351)

Part V. International Human Rights Law, Extraordinary Rendition and Forced Disappearances

Extraordinary Rendition and the Security Paradigm (p. 369)

Enforced Disappearance as Continuing Crimes and Continuing Human Rights Violations (p. 389)

Why is Establishing a Systematic Practice in the Adjudication of Enforced Disappearance Conducive to Providing Protection Against This Crime? (p. 415)

Part VI. International and National Protection of Human Rights

Partnership between National Human Rights Institutions and Human Rights Treaty Bodies in the Implementation of Concluding Observations (p. 437)

Strategic Litigation by Equality Bodies and National Human Rights Institutions to Promote Equality (p. 461)

The International Responsibility of the State for the Conduct of Indigenous Legal Systems: the Case of Ecuador (p. 475)

Unconstitutionality of the Denunciation of the American Convention on Human Rights by Venezuela (p. 497)

Independence of the Judiciary in Turkey: Institutional Reforms after 1999 (p. 527)

Contributing Authors (p. 551)