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Prosecution under the International Covenant on Civil and Political Rights

Anja Seibert-Fohr

in Prosecuting Serious Human Rights Violations

Published in print:
2009
Published Online:
February 2010
ISBN:
9780199569328
eISBN:
9780191721502
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199569328.003.0002
Subject:
Law, Human Rights and Immigration, Criminal Law and Criminology

This chapter elaborates on the role prosecution plays for the protection of human rights under the International Covenant on Civil and Political Rights. It analyses the standards of this universal ... More


Civil and Political Rights

Magdalena Forowicz

in The Reception of International Law in the European Court of Human Rights

Published in print:
2010
Published Online:
January 2011
ISBN:
9780199592678
eISBN:
9780191595646
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199592678.003.0005
Subject:
Law, Human Rights and Immigration

The enactment of the Covenant on Civil and Political Rights and its First Optional Protocol provided additional options to the individual applicant seeking redress for the wrongs suffered. At the ... More


Jurisdictional Relations between Human Rights Instruments and Organs

Theodor Meron

in Human Rights Law-Making in the United Nations: A Critique of Instruments and Process

Published in print:
1986
Published Online:
March 2012
ISBN:
9780198255499
eISBN:
9780191681608
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198255499.003.0006
Subject:
Law, Public International Law

The potential conflicts in supervision and implementation of human rights is virtually unlimited. Conflicts can arise when two organizations claim to have competence over a particular matter, and ... More


Security Council Targeted Sanctions and Human Rights

Annalisa Ciampi

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0005
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter addresses a practice of the Security Council which has been sharply criticized because of its negative effects on human rights — ‘targeted sanctions’ imposed on individuals in the form ... More


Freedom of Religion and Belief in International Law: A Comparative Analysis *

Urfan Khaliq

in Islamic Law and International Human Rights Law

Published in print:
2012
Published Online:
January 2013
ISBN:
9780199641444
eISBN:
9780191741104
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641444.003.0011
Subject:
Law, Human Rights and Immigration, Comparative Law

This chapter provides an overview of the protection afforded to freedom of religion and belief under international law and discerns some trends as to how the rights are being interpreted and applied. ... More


Amateur Operatics: The Realization of Parliamentary Protection of Civil Liberties

Jonathan Morgan

in The Legal Protection of Human Rights: Sceptical Essays

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606078
eISBN:
9780191729720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606078.003.0021
Subject:
Law, Human Rights and Immigration

This chapter combines trenchant criticism of the UK Human Rights Act 1998 and an innovative suggestion for its radical modification. The critical element concentrates on Sections 3 and 4 of the HRA ... More


Human Rights at the Interface of State and Sub-state: The Case of Scotland

Chris Himsworth

in The Legal Protection of Human Rights: Sceptical Essays

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606078
eISBN:
9780191729720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606078.003.0004
Subject:
Law, Human Rights and Immigration

This chapter reviews the continuing peculiarities of the human rights regime in Scotland. These include: the strange emerging relationship between the Human Rights Act 1998 and the Scotland Act 1998, ... More


Reconceptualizing International Human Rights Law Through a Culturally Based Approach: International and Regional Practice

Federico Lenzerini

in The Culturalization of Human Rights Law

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199664283
eISBN:
9780191748479
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664283.003.0003
Subject:
Law, Human Rights and Immigration, Public International Law

This chapter offers a comprehensive assessment of international practice—at both the ‘universal’ and regional level—confirming that today the cultural element represents a decisive factor in the ... More


The Culturalization of Human Rights Law

Federico Lenzerini

Published in print:
2014
Published Online:
April 2014
ISBN:
9780199664283
eISBN:
9780191748479
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199664283.001.0001
Subject:
Law, Human Rights and Immigration, Public International Law

This book has the purpose of investigating the impact played by culture in the contemporary dynamics of human rights. It offers a reconceptualization of the debate of universalism vs. cultural ... More


Access to Justice before International Human Rights Bodies: Reflections on the Practice of the UN Human Rights Committee and the European Court of Human Rights

MARTIN SCHEININ

in Access to Justice as a Human Right

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199233083
eISBN:
9780191696589
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233083.003.0004
Subject:
Law, Human Rights and Immigration

This chapter describes access to justice before International Human Rights bodies, focusing on the UN Human Rights Committee and the European Court of Human Rights. It also discusses the two human ... More


Accountability of and to the Legislature

Nicholas Bamforth

in Accountability in the Contemporary Constitution

Published in print:
2013
Published Online:
January 2014
ISBN:
9780199670024
eISBN:
9780191749414
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199670024.003.0011
Subject:
Law, Constitutional and Administrative Law

Theories concerning the roles of courts and legislatures entail certain assumptions about or explicit views concerning accountability. A traditional political constitutionalist might prioritise ... More


Ten Years on the UN Human Rights Committee: Some Thoughts upon Parting

Rosalyn Higgins Dbe Qc

in Themes and Theories

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.003.0038
Subject:
Law, Public International Law

This chapter contains a revised version of the 1996 Paul Seighart Memorial Lecture, delivered by at the British Institute of Human Rights in March 1996. It remains in the form of a public lecture ... More


Conditions of Imprisonment or Detention

Nigel Rodley and Matt Pollard

in The Treatment of Prisoners under International Law

Published in print:
2011
Published Online:
April 2015
ISBN:
9780199693566
eISBN:
9780191807503
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:osobl/9780199693566.003.0010
Subject:
Law, Human Rights and Immigration

This chapter deals with the question of conditions of imprisonment or detention. It enumerates the principles of the International Covenant on Civil and Political Rights, the American Convention on ... More


Human Rights Considerations and the Enforcement of Targeted Sanctions in Europe: The Emergence of Core Standards of Judicial Protection

Erika de Wet

in Securing Human Rights?: Achievements and Challenges of the UN Security Council

Published in print:
2011
Published Online:
January 2012
ISBN:
9780199641499
eISBN:
9780191732218
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199641499.003.0006
Subject:
Law, Public International Law, Human Rights and Immigration

This chapter analyses decisions of European courts pertaining to the targeted sanctions provided for in Security Council Resolutions 1267 (1999) and 1373 (2001). The focuses of attention are the Kadi ... More


Collateral Institutions to Judicial Review

Chintan Chandrachud

in Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom

Published in print:
2017
Published Online:
March 2017
ISBN:
9780199470587
eISBN:
9780199088867
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199470587.003.0005
Subject:
Law, Constitutional and Administrative Law

This chapter considers the institutional apparatus accompanying the declarations of incompatibility in the UK on the one hand, and informal recommendations to change the law in India on the other. ... More


The United Kingdom

Alice Donald and Philip Leach

in Parliaments and the European Court of Human Rights

Published in print:
2016
Published Online:
September 2016
ISBN:
9780198734246
eISBN:
9780191830907
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198734246.003.0007
Subject:
Law, Public International Law, Comparative Law

This chapter examines the involvement of the UK’s bicameral parliament in the implementation of European Convention on Human Rights standards and judgments of the European Court of Human Rights. It ... More


Burakumin: From a Japanese Minority Group to an International Human Rights Organization

Kiyoteru Tsutsui

in Rights Make Might: Global Human Rights and Minority Social Movements in Japan

Published in print:
2018
Published Online:
August 2018
ISBN:
9780190853105
eISBN:
9780190853143
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/oso/9780190853105.003.0004
Subject:
Sociology, Politics, Social Movements and Social Change, Comparative and Historical Sociology

This chapter first examines the history of Burakumin activism to combat discrimination against them based on their former outcaste status, which by the 1970s had established them as an influential ... More


Parliament, Human Rights, and Counter-Terrorism

Adam Tomkins

in The Legal Protection of Human Rights: Sceptical Essays

Published in print:
2011
Published Online:
September 2011
ISBN:
9780199606078
eISBN:
9780191729720
Item type:
chapter
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199606078.003.0002
Subject:
Law, Human Rights and Immigration

This chapter contributes to the debate between legal constitutionalists and political constitutionalists. It is in three parts. The first summarizes the leading UK case law on rights, liberty, and ... More


Themes and Theories

Rosalyn Higgins

Published in print:
2009
Published Online:
March 2012
ISBN:
9780198262350
eISBN:
9780191682322
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780198262350.001.0001
Subject:
Law, Public International Law

As President of the International Court of Justice, the author of this book is the world’s most senior Judge. This two volume set collects together all of her most important writings as a scholar, a ... More


Access to Justice as a Human Right

Francesco Francioni (ed.)

Published in print:
2007
Published Online:
March 2012
ISBN:
9780199233083
eISBN:
9780191696589
Item type:
book
Publisher:
Oxford University Press
DOI:
10.1093/acprof:oso/9780199233083.001.0001
Subject:
Law, Human Rights and Immigration

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or ... More


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