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The Protection Role and Jurisprudence of the United Nations Human Rights Council: Nijhoff Law Specials, cartea 106

Autor Bertrand G. Ramcharan
en Limba Engleză Paperback – 13 apr 2022
This book places under scrutiny for the first time, whether and how, the United Nations Human Rights Council actually contributes to the protection of human rights in the face of pervasive gross violations world-wide. It finds that the Council does little of preventive protection, some mitigatory protection, and little remedial or compensatory protection. The Council’s response to situations of gross violations depends on the political alignments within its membership for each situation. The Council gives priority to cooperation and dialogue over principled denunciations of gross violations. It is not an organ of justice, but in some instances it is an organ for justice, inasmuch as it addresses the structural causes of violations. Much useful fact-finding takes place under the auspices of the Council, and it does contribute to the progressive development of international law.
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Specificații

ISBN-13: 9789004504943
ISBN-10: 900450494X
Pagini: 185
Dimensiuni: 155 x 235 mm
Greutate: 0 kg
Editura: Brill
Colecția Brill | Nijhoff
Seria Nijhoff Law Specials


Notă biografică

Bertrand Ramcharan performed the function of UN High Commissioner for Human Rights. He has been Commissioner of the International Commission of Jurists, and Member of the Permanent Court of Arbitration. He has written extensively on the protection roles of UN human rights organs, focussing on protection gaps in these bodies, with the aim of strengthening protection in international law and practice. He is President of the Human Rights Observatory.

Cuprins

Challenges of Protection

Foreword

Preface

Introduction

1Promoting Protection
1 Introduction

2 The Universal Periodic Review

3 Standard-Setting

4 Cooperation with National Human Rights Institutions

5 Business and Human Rights

6 Indigenous Populations

7 Minorities

8 Slavery and Slavery-Like Practices

9 Racism and Racial Discrimination

10 Human Rights Defenders

11 Studies

12 Human Rights Education and Training

13 Country Rapporteurs, Thematic Rapporteurs and Working Groups

14 World Campaign on Human Rights

15 Cooperation with Related UN Organs

16 Cooperation with Regional Human Rights Bodies

17 Conclusion


2Universality
1 Introduction

2 The Universal Periodic Review

3 Philosophical Universality

4 Universality of Human Rights under International Law: The International Bill of Human Rights

5 Challenges to Universality

6 Defending Universality
6.1The Democratic Test Of Universality

6.2The Bases of Universality

6.3Challenges of Implementation

6.4Normative Universality

6.5Universality in the UN Human Rights Council: The upr Process

6.6Political Universality

6.7The Universality of International Law

6.8Populism and Universality

6.9Global Poverty and Universality

6.10Gross Violations of Human Rights and Universality

6.11Democratic Universality/Peoples’ Universality

6.12Universality as an Idea

6.13Universality as a Goal

6.14Universality as a Normative Concept


7 Conclusion


3Protection
1 Introduction

2 Efforts for International Protection

3 The Human Rights Council

4 High Commissioner’s Updates to the Human Rights Council on Situations of Concern

5 Protection Activities of Special Procedures of the Council

6 Conclusion


4Prevention
1 Introduction

2 Pronouncements of the Council on Prevention

3 Preventive Actions of Special Procedures of the Council

4 Early Warning from the UN High Commissioner

5 Tackling Root Causes of Violations

6 Conclusion


5Urgent Action
1 Introduction

2 Special Sessions of the Council

3 Urgent Actions by the President of the Council

4 Urgent Actions by the High Commissioner at the Request of the Council

5 Conclusion


6Good Offices
1 Introduction

2 Urgent Communications to Governments

3 Confidential Complaints Procedure

4 Good Offices by the President of the Human Rights Council

5 Conclusion


7Fact-Finding
1 Introduction

2 Principles of Fact-Finding
2.1Do No Harm

2.2Independence

2.3Impartiality

2.4Transparency

2.5Objectivity

2.6Confidentiality

2.7Credibility

2.8Visibility

2.9Integrity

2.10Professionalism

2.11Consistency


3 The Special Procedures and Commissions of Inquiry

4 Conclusion


8Redress
1 Introduction

2 Principles of Redress

3 Right to Truth

4 Expressions of Concern Over, or Condemnation of Gross Violations

5 Accountability

6 Transitional Justice

7 Evaluation

8 Conclusion


9Justice
1 Introduction

2 The Decline of Democracy in the World

3 The Decline of Human Rights Justice in the World

4 The Idea of Justice in Philosophical Literature

5 The Idea of Justice in the International Bill of Human Rights
5.1Equal Enjoyment of Enumerated Rights

5.2Non-Discrimination

5.3Discrimination Versus Distinction

5.4Affirmative Action

5.5General Comment 4/13 of the Human Rights Committee (Gender Equality)

5.6The Beijing World Conference on Women’s Rights (1995)

5.7Equitable Life Chances


6 The Human Rights Council’s Contributions to the Global Quest for Justice

7 The Human Rights Council as a Forum for Seeking and Promoting Global Justice
7.1Global Hunger

7.2Widespread Lack of Access to Medicine

7.3Widespread Lack of Access to Safe Drinking Water and Sanitation

7.4World-Wide Discrimination Against Women

7.5Child, Early and Forced Marriage in Times of Crisis, Including the covid-19 Pandemic

7.6Pervasive Gross Violations of Human Rights

7.7Afro-Descendants

7.8lgtbq s

7.9Albinism


8 Conclusion


10Jurisprudence
1 Introduction

2 The Architecture of International Law: Principles of the UN Charter

3 Normative Instruments: Treaties and Declarations

4 Principles on Human Rights and the Environment

5 Human Rights and Climate Change

6 The Right to Peace

7 Promotion of a Democratic and Equitable International Order

8 Human Rights: International Cooperation and International Solidarity

9 Guiding Principles on Business and Human Rights

10 National Infrastructure

11 Protection of Human Rights While Countering Terrorism

12 Rights to Freedom of Peaceful Assembly and of Association

13 Protection from Arbitrary Detention

14 Protection of Human Rights Defenders

15 Right to Truth

16 Transitional Justice

17 Protection of Civilians in Armed Conflict

18 Right to Food

19 Human Rights and Access to Safe Drinking Water and Sanitation

20 Access to Medicine

21 Guiding Principles on Extreme Poverty and Human Rights

22 Rights of Peasants

23 The Human Rights of Older Persons

24 Basic Principles and Guidelines on Development-Based Evictions and Displacement

25 Trafficking in Persons

26 Mercenarism

27 Conclusion


Conclusion

Bibliography

Index