An Introduction to International Human Rights Law

by Chowdhury, Azizur Rahman; Bhuiyan, Jahid Hossain

• ISBN13: 9789004179721
• ISBN10: 9004179720
• Format: Hardcover
• Copyright: 2010-06-30
• Publisher: Martinus Nijhoff

Summary

International human rights law is one of the fastest growing subjects of law. Indeed this should not be surprising as it is the law that guarantees the most rights of individuals. This book provides an introduction to the study of international human rights law for students and practitioners. It is written by an expert in international human rights law who has practiced before international human rights tribunals of the United Nations, as well as regional systems in Europe, the Americas, African and Asia. The insights provided in this book guide the reader from the theory of the law to how it is applied in practice. Unlike other texts by other western writers, this author gives special attention to concerns of audiences in Africa, Latin America, the Middle East and Asia.

Author Biography

Azizur Rahman Chowdhury is Professor in the Department of Law, Dhaka University. He has published many research articles. He has authored and co-edited a number of works on human rights, humanitarian law, commercial law and constitutional law. Md. Jahid Hossain Bhuiyan teaches law in the Department of Law, ASA University Bangladesh. During his higher studies in Belgium he gained experience in legal practice with the lawyers of European countries. He is co-editor of International Humanitarian Law - An Anthology (LexisNexis Butterworths, 2009).

Table of Contents

Preface	p. ix
List of Contributors	p. xi
Introduction: Progressive Nuances in International Human Rights Paradigm	p. xiii
The Historical Development of International Human Rights	p. 1
Introduction	p. 1
Some Historical Perspectives on Human Rights	p. 5
Universal Rights	p. 6
The European View	p. 7
Human Rights as Moral Ideas in Diverse Societies, Religions, and Cultures	p. 11
Africa	p. 13
Middle East (Islamic World)	p. 22
Asia	p. 23
Post-War Developments	p. 27
Conclusion	p. 28
Civil and Political Rights	p. 31
Introduction	p. 31
The Covenant	p. 33
The Rights Package	p. 36
Future Challenges	p. 46
An Introduction to Economic, Social and Cultural Rights: Overcoming the Constraints of Categorization through Implementation	p. 51
Introduction	p. 51
Historical Development	p. 52
Similarities and Differences in Content of ICCPR and ICESCR	p. 54
The Norms and Enforcement	p. 58
On Justiciability: An Example of the Protection of ESC Rights in a Region	p. 60
On Justiciability: Domestic Enforcement	p. 61
Conclusion	p. 68
Women's Rights in International Law	p. 73
Introduction	p. 73
Recognition of Women's Rights: United Nations Charter and the International Bill of Rights	p. 74
Women's Rights in other United Nations Convention	p. 74
Convention on the Elimination of all forms of Discrimination against Women	p. 76
United Nations Groundbreaking Conferences	p. 87
Violence Against Women	p. 88
Conclusion	p. 97
Globalization and Human Rights	p. 101
Introduction	p. 101
Globalization	p. 101
Economic Globalization and Human Rights	p. 104
Political, Social and Cultural Globalization and Human Rights	p. 110
Conclusion	p. 114
Role of the UN in the Promotion and Protection of Human Rights	p. 119
Introduction	p. 119
From Codification to Efficiency: The Different Phases of the Human Rights Discourse within the United Nations	p. 121
Normative Development of the UN System of Protection and Promotion of Human Rights	p. 127
"Charter-based" and "Treaty-based" Monitoring Mechanisms: Public Special Procedure and the Work of the Committees	p. 134
Attributes of Successful Human Rights Non-Governmental Organizations (NGOs) - Sixty Years After the 1948 Universal Declaration of Human Rights	p. 145
Introduction	p. 145
NGOs & Human Rights NGOs	p. 147
Ten Characteristics of Successful Human Rights NGOs	p. 173
NGO Self-Regulation Via Codes of Conduct and Ethics	p. 193
Conclusion	p. 208
Do States have an Obligation under International Law to Provide Human Rights Education?	p. 219
Introduction	p. 219
Human Rights Education (HRE) in International Law	p. 219
Obstacles to the Realization of HRE	p. 229
Conclusion	p. 232
Application of International Standards of Human Rights Law at Domestic Level	p. 237
Introduction	p. 237
The Codification of International Human Rights Standards as Law	p. 238
Domestic Implementation of Rights: The 'Engine Room' of Universal Instruments of Human Rights	p. 241
Conclusion	p. 252
Role of Regional Human Rights Instruments in the Protection and Promotion of Human Rights	p. 255
Introduction	p. 255
European Human Rights Treaties and Their Implementation	p. 255
The Inter-American Convention on Human Rights, 1969	p. 262
The African Charter on Human and Peoples' Rights, 1981	p. 275
Concluding Remarks	p. 284
Index	p. 289
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