Prosecuting Human Rights Offences: Rethinking the <i>Sword</i> Function of Human Rights Law: International Criminal Law Series, cartea 11
Autor Krešimir Kamberen Limba Engleză Hardback – 18 ian 2017
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Specificații
ISBN-13: 9789004337756
ISBN-10: 900433775X
Dimensiuni: 155 x 235 mm
Greutate: 0.98 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Criminal Law Series
ISBN-10: 900433775X
Dimensiuni: 155 x 235 mm
Greutate: 0.98 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria International Criminal Law Series
Cuprins
Excerpt of table of contents:
List of figures; Preface;
I INTRODUCTION
1. Restructuring the relationships of criminal process from a human rights perspective
2. A paradoxical relationship of criminal law and human rights as a research question
3. Methodological issues
II PROCEDURAL OBLIGATION IN THE MULTI-LAYERED STRUCTURE OF HUMAN RIGHTS
1. Proceduralisation of human rights
2. Procedural obligation within the structure of positive obligations
3. Procedural obligation and the right to an effective remedy in human rights law
4. Procedural obligation as an inherent component of human rights norms
5. Instead of conclusion: conceiving the procedural obligation within a general conceptual framework
III OBLIGATION TO INVESTIGATE AND PROSECUTE HUMAN RIGHTS OFFENCES IN INTERNATIONAL HUMAN RIGHTS LAW
1. Obligation to investigate and prosecute human rights offences in the soft law instruments
2. Obligation to investigate and prosecute human rights offences in the mechanisms of soft enforcement
3. Obligation to investigate and prosecute human rights offences in the mechanisms of direct impact
4. Obligation to investigate and prosecute human rights offences in EU law
5. Conclusion
IV OBLIGATION TO INVESTIGATE AND PROSECUTE HUMAN RIGHTS OFFENCES UNDER THE ECHR
1. Procedural obligation under the ECHR
2. Article 2 ECHR (right to life) and Article 3 ECHR (prohibition of torture)
3. Article 4 ECHR (prohibition of slavery and forced labour)
4. Article 5 ECHR (right to liberty and security)
5. Article 8 ECHR (right to respect for private and family life)
6. Article 9 ECHR (freedom of thought, conscience and religion)
7. Article 10 ECHR (freedom of expression)
8. Article 11 ECHR (freedom of assembly and association)
9. Article 14 ECHR (prohibition of discrimination)
10. Article 1 of Protocol No. 1 to the ECHR (protection of property
11. Conclusion
V THE CONCEPT OF PROCEDURAL OBLIGATION IN PRACTICAL LEGAL REASONING
1. Introduction
2. Logical and conceptual juridical construction of the concept of procedural obligation
3. Substantive and criterial aspect of the right-claim to effective application of criminal-law mechanisms
4. Instead of conclusion
VI CONCEPTUALISING VARIANCES: THE RIGHT-CLAIM TO EFFECTIVE APPLICATION OF CRIMINAL-LAW MECHANISMS AND THE PUBLIC PREROGATIVE OF CRIMINAL PROSECUTION
1. Prosecutorial discretion
2. Protection of the rights of the accused
VII OPTIMISING VARIANCES: DIFFERENTIATION OF THE HUMAN RIGHTS ELEMENT IN THE CHARGING PROCESS
1. Introduction
2. Two mechanisms of procedural optimisation
3. Conclusion
VIII CONCLUSION
BIBLIOGRAPHY
Table of cases; Table of statutes; Table of secondary sources; Table of international and comparative materials; Literature; Index.
List of figures; Preface;
I INTRODUCTION
1. Restructuring the relationships of criminal process from a human rights perspective
2. A paradoxical relationship of criminal law and human rights as a research question
3. Methodological issues
II PROCEDURAL OBLIGATION IN THE MULTI-LAYERED STRUCTURE OF HUMAN RIGHTS
1. Proceduralisation of human rights
2. Procedural obligation within the structure of positive obligations
3. Procedural obligation and the right to an effective remedy in human rights law
4. Procedural obligation as an inherent component of human rights norms
5. Instead of conclusion: conceiving the procedural obligation within a general conceptual framework
III OBLIGATION TO INVESTIGATE AND PROSECUTE HUMAN RIGHTS OFFENCES IN INTERNATIONAL HUMAN RIGHTS LAW
1. Obligation to investigate and prosecute human rights offences in the soft law instruments
2. Obligation to investigate and prosecute human rights offences in the mechanisms of soft enforcement
3. Obligation to investigate and prosecute human rights offences in the mechanisms of direct impact
4. Obligation to investigate and prosecute human rights offences in EU law
5. Conclusion
IV OBLIGATION TO INVESTIGATE AND PROSECUTE HUMAN RIGHTS OFFENCES UNDER THE ECHR
1. Procedural obligation under the ECHR
2. Article 2 ECHR (right to life) and Article 3 ECHR (prohibition of torture)
3. Article 4 ECHR (prohibition of slavery and forced labour)
4. Article 5 ECHR (right to liberty and security)
5. Article 8 ECHR (right to respect for private and family life)
6. Article 9 ECHR (freedom of thought, conscience and religion)
7. Article 10 ECHR (freedom of expression)
8. Article 11 ECHR (freedom of assembly and association)
9. Article 14 ECHR (prohibition of discrimination)
10. Article 1 of Protocol No. 1 to the ECHR (protection of property
11. Conclusion
V THE CONCEPT OF PROCEDURAL OBLIGATION IN PRACTICAL LEGAL REASONING
1. Introduction
2. Logical and conceptual juridical construction of the concept of procedural obligation
3. Substantive and criterial aspect of the right-claim to effective application of criminal-law mechanisms
4. Instead of conclusion
VI CONCEPTUALISING VARIANCES: THE RIGHT-CLAIM TO EFFECTIVE APPLICATION OF CRIMINAL-LAW MECHANISMS AND THE PUBLIC PREROGATIVE OF CRIMINAL PROSECUTION
1. Prosecutorial discretion
2. Protection of the rights of the accused
VII OPTIMISING VARIANCES: DIFFERENTIATION OF THE HUMAN RIGHTS ELEMENT IN THE CHARGING PROCESS
1. Introduction
2. Two mechanisms of procedural optimisation
3. Conclusion
VIII CONCLUSION
BIBLIOGRAPHY
Table of cases; Table of statutes; Table of secondary sources; Table of international and comparative materials; Literature; Index.
Notă biografică
Krešimir Kamber, Ph.D. (2016), is a lawyer at the European Court of Human Rights and a postdoctoral research fellow at the Ghent University Faculty of Law. He actively participates in various initiatives of the governmental and non-governmental sectors in the field of human rights and criminal justice.