In late 2010, the International Convention for the Protection of All Persons from Enforced Disappearance (ICPPED) entered into force. The present study addresses the question of determining state responsibility under the ICPPED, based on a framework that harmonises the protection afforded by this convention with the experiences of victims of enforced disappearance. The premise is that such an approach enhances the protection from this grave human rights violation.
The book consists of two parts. The first part sets the parameters for the evaluative framework. This part examines the norms laid down in the ICPPED and identifies room for interpretation. The first part also examines the effects of an enforced disappearance on its victims and discerns the main causes of their suffering. Lastly, this part examines the state obligations that give effect to the protection from enforced disappearance. This framework provides the basis for the comparative case law analysis in the second part of the book. The second part primarily scrutinises the case law of the Human Rights Committee, the Inter-American Court of Human Rights and the European Court of Human Rights. It compares the case law on the various state obligations that are relevant to the interpretation and application of the ICPPED. Subsequently, this part evaluates the case law and provides, where necessary, alternative approaches in light of the identified main causes of victims’ suffering.
This study concludes with recommendations for the interpretation and application of the norms laid down in the ICPPED by its supervisory committee. Although primarily directed towards the ICPPED, the study addresses general issues concerned with the protection from enforced disappearance. Thereby, it is hoped that the book is of value to a wide range of human rights bodies and experts dealing with this human rights violation.
The Human Rights Research Series’ central research theme is the nature and meaning of international standards in the field of human rights, their application and promotion in the national legal order, their interplay with national standards, and the international supervision of such application. Anyone directly involved in the definition, study, implementation, monitoring, or enforcement of human rights will find this series an indispensable reference tool.
The Series is published together with the world famous Netherlands Network for Human Rights Research (formerly School of Human Rights Research), a joint effort by human rights researchers in the Netherlands.
Editorial Board: Prof. dr. Antoine Buyse (Utrecht University), Prof. dr. Fons Coomans (Maastricht University), Prof. dr. Yvonne Donders (Chair - University of Amsterdam), Dr. Antenor Hallo de Wolf (University of Groningen), Prof. dr. Kristin Henrard (Erasmus University Rotterdam), Prof. dr. Nicola Jägers (Tilburg University), Prof. Titia Loenen (Leiden University) Prof. dr. Janne Nijman (T.M.C. Asser Instituut) and Prof. dr. Brigit Toebes (University of Groningen).
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