Access to Justice as a Human Right
Access to Justice as a Human Right

Author: Francesco Francioni

Publisher: OUP Oxford

Published: 2007-10-25

Total Pages: 272

ISBN-13: 0191018651

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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 damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.

Human Rights and Justice for All
Human Rights and Justice for All

Author: Carrie Booth Walling

Publisher: Routledge

Published: 2022-02-16

Total Pages: 150

ISBN-13: 1000536807

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Human rights is an empowering framework for understanding and addressing justice issues at local, domestic, and international levels. This book combines US-based case studies with examples from other regions of the world to explore important human rights themes – the equality, universality, and interdependence of human rights, the idea of international crimes, strategies of human rights change, and justice and reconciliation in the aftermath of human rights violations. From Flint and Minneapolis to Xinjiang and Mt. Sinjar, this book challenges a wide variety of readers – students, professors, activists, human rights professionals, and concerned citizens – to consider how human rights apply to their own lives and equip them to be changemakers in their own communities.

Seeking Human Rights Justice in Latin America
Seeking Human Rights Justice in Latin America

Author: Jeffrey Davis

Publisher: Cambridge University Press

Published: 2014

Total Pages: 257

ISBN-13: 0521514363

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This book studies how victims of human rights violations in Latin America, their families, and their advocates work to overcome entrenched impunity and seek legal justice. Their struggles show that legal justice is a multifaceted process, the overarching purpose of which is to restore human dignity and prevent further violence. Uncovering, revealing, and proving the truth are essential elements of legal justice, and are also powerful tools to activate the process. When faced with stubborn impunity at home, victims, families, and advocates can carry on their work for legal justice by bringing cases in courts in other countries or in the Inter-American human rights system. These extra-territorial courts can jumpstart the process of legal justice at home. Seeking Human Rights Justice in Latin America examines the political and legal struggle through the lens of the human story at the heart of these cases.

Human Rights in Business
Human Rights in Business

Author: Juan José Álvarez Rubio

Publisher: Taylor & Francis

Published: 2017-01-20

Total Pages: 159

ISBN-13: 1351979159

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Cover -- Title -- Copyright -- Contents -- Notes on contributors -- Acknowledgments -- Introduction -- 1 Judicial remedies: The issue of jurisdiction -- 1.1 Overview -- 1.2 Impact of international human rights law on jurisdiction in private international law -- 1.2.1 Introduction -- 1.2.2 Human rights in private litigation -- 1.2.3 International human rights law and jurisdiction in private international law -- 1.3 Jurisdiction in private international law in Europe and the US -- 1.3.1 Introduction -- 1.3.2 The European approach: the Brussels I Regulation -- 1.3.2.1 Scope of application -- 1.3.2.2 Rules on jurisdiction -- 1.3.2.3 Policy debate regarding the reform of the Brussels I Regulation -- 1.3.3 The US approach to jurisdiction -- 1.3.3.1 Doctrines that may limit access to US courts in transnational cases -- 1.3.3.2 The Alien Tort Statute: presumption against extraterritoriality and personal jurisdiction -- 1.3.3.3 Further doctrines that may limit access to US courts in transnational cases -- 1.3.3.4 Litigating torts in state courts and/or under state law -- 1.3.4 Comparing the EU and US approach to jurisdiction in private international law -- 1.4 Residual jurisdiction in Europe -- 1.4.1 Introduction -- 1.4.2 Forum necessitatis -- 1.4.3 Joining of defendants -- 1.4.4 Pursuing civil remedies through criminal jurisdiction -- 1.5 Conclusions and recommendations -- 2 Judicial remedies: The issue of applicable law -- 2.1 Introduction -- 2.2 Legal context -- 2.2.1 Foreign direct liability and beyond -- 2.2.2 Private international law and extraterritoriality -- 2.2.3 Discussion -- 2.3 Applicable law -- 2.3.1 Rome II Regulation: general rule -- 2.3.2 Rome II Regulation: special rule on environmental damage -- 2.3.3 Rome II Regulation: relevant exceptions -- 2.3.3.1 Overriding mandatory provisions -- 2.3.3.2 Rules of safety and conduct.

Human Rights and Justice
Human Rights and Justice

Author: Melissa Labonte

Publisher: Routledge

Published: 2021-06-30

Total Pages: 192

ISBN-13: 9781032095202

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Although an understanding of justice is inherent in broad human rights discourses, there is no clear consensus on how to integrate and reconcile these concepts. This volume examines a range of philosophical, economic, and social perspectives that are key to understanding the nature of the linkages between human rights and justice.

Access to Justice
Access to Justice

Author: Rebecca L. Sanderfur

Publisher: Emerald Group Publishing

Published: 2009-03-23

Total Pages: 288

ISBN-13: 1848552432

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Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.

Access to Justice and International Organizations
Access to Justice and International Organizations

Author: Pierre Schmitt

Publisher: Edward Elgar Publishing

Published: 2017-08-25

Total Pages: 407

ISBN-13: 1786432897

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Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.

Human Rights In The Administration Of Justice
Human Rights In The Administration Of Justice

Author: United Nations. Office of the High Commissioner for Human Rights

Publisher: New York and Geneva : United Nations

Published: 2003-12-01

Total Pages: 885

ISBN-13: 9789211541410

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Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.

Campaigning for Justice
Campaigning for Justice

Author: Jo Becker

Publisher: Stanford University Press

Published: 2012-12-19

Total Pages: 332

ISBN-13: 0804784388

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A study of strategies implemented in local, regional, and international human rights campaigns elucidating how advocates were able to achieve their goals. Advocates within the human rights movement have had remarkable success establishing new international laws, securing concrete changes in human rights policies and practices, and transforming the terms of public debate. Yet too often, the strategies these advocates have employed are not broadly shared or known. Campaigning for Justice addresses this gap to explain the “how” of the human rights movement. Written from a practitioner’s perspective, this book explores the strategies behind some of the most innovative human rights campaigns of recent years. Drawing on interviews with dozens of experienced human rights advocates, the book delves into local, regional, and international efforts to discover how advocates were able to address seemingly intractable abuses and secure concrete advances in human rights. These accounts provide a window into the way that human rights advocates conduct their work, their real-life struggles and challenges, the rich diversity of tools and strategies they employ, and ultimately, their courage and persistence in advancing human rights. Praise for Campaigning for Justice “This book is a gold mine. A terrific resource not only for those just entering human rights work, but also for those with years of experience.” —Jody Williams, Nobel Peace Prize Laureate, Co-founder, International Campaign to Ban Landmines “A singular contribution that will be indispensable for those interested in advocacy and human rights.” —Elazar Barkan, Director, Institute for the Study of Human Rights, Columbia University “Addressing the critical question of how human rights organizations actually do their work, this book has a currency that is needed right now.” —Barbara Frey, Director, Human Rights Program, University of Minnesota “A vivid testament to the lives of human rights activists, including Becker’s own, as advocates and courageous fighters for the rights of others.” —Radhika Coomaraswamy, Former Special representative to the Secretary General for Children and Armed Conflict, United Nations