Strategic Human Rights Litigation
Strategic Human Rights Litigation

Author: Helen Duffy

Publisher: Bloomsbury Publishing

Published: 2018-09-06

Total Pages: 329

ISBN-13: 1509921990

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Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies 'strategically' to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the 'war on terror'; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future.

Strategic Human Rights Litigation
Strategic Human Rights Litigation

Author: Helen Duffy (Law teacher)

Publisher:

Published:

Total Pages: 308

ISBN-13: 9781509922000

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Strategic human rights litigation (SHRL) is a growing area of international practice yet one that remains relatively under-explored. Around the globe, advocates increasingly resort to national, regional and international courts and bodies ʻstrategicallyʼ to protect and advance human rights. This book provides a framework for understanding SHRL and its contribution to various forms of personal, legal, social, political and cultural change, as well as the many tensions and challenges it gives rise to. It suggests a reframing of how we view the impact of SHRL in its multiple dimensions, both positive and negative. Five detailed case studies, drawn predominantly from the author's own experience, explore litigation in a broad range of contexts (genocide in Guatemala; slavery in Niger; forced disappearance in Argentina; torture and detention in the ʻwar on terrorʼ; and Palestinian land rights) to reveal the complexity of the role of SHRL in the real world. Ultimately, this book considers how impact analysis might influence the development of more effective litigation strategies in the future"--

Human Rights
Human Rights

Author: Andrew Clapham

Publisher: Oxford University Press, USA

Published: 2015

Total Pages: 217

ISBN-13: 0198706162

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Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.

Business and Human Rights
Business and Human Rights

Author: Dalia Palombo

Publisher: Bloomsbury Publishing

Published: 2020-02-06

Total Pages: 261

ISBN-13: 1509928049

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This book analyses the accountability of European home States for their failure to secure the human rights of victims from host States against transnational enterprises. It argues for a reconfiguration of the relationship between multinational enterprises and individuals, both of which have been profoundly changed by globalisation. Enterprises are now supranational entities with numerous affiliates all over the world. Likewise, individuals are increasingly part of a global community. Despite this, the relationship between the two is deregulated. Addressing this gap, this study proposes an innovative business and human rights litigation strategy. Human rights advocates could file a test case against a European home State, at the European Court of Human Rights, for its failure to secure the rights of victims vis-à-vis European multinational enterprises. The book illustrates why such a strategy is needed, and points to the lack of effective legal remedies against European multinationals. The goal is to empower victims from developing countries against European States which are failing to hold multinational enterprises accountable for human rights abuses.

Strategic Litigation Manual
Strategic Litigation Manual

Author: Eslava, Gabriela

Publisher: Djusticia

Published: 2021-03-30

Total Pages: 91

ISBN-13: 9585597632

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Strategic Litigation Manual: From Theory to Practice, Lessons from Colombia and Lebanon” aims to address every step of the process of strategic litigation. The first part discusses how to select a strategic case and its components; followed by part two, which provides practical insights on the litigation itself; and the part three explores the post-decision phase. In that sense, the manual contains ten key steps that should be developed in a human rights litigation strategy. These steps include identifying the injustice to be remedied, envisioning the goal, developing a legal strategy, selecting the parties, assessing risks and resources, collecting evidence, developing legal arguments, building an outreach strategy, ensuring that a win is effective or investing in a loss and, learning and retooling. The manual presents a theoretical conception of each of these steps, followed by an illustration of real case examples gathered from the litigation experience of Dejusticia and The Legal Agenda, allowing the reader to understand strategic litigation in theory and practice. This model is not meant to be prescriptive and it is based in our practice on litigation. It is intended to be used as a toolkit to be improved upon with lessons learned from every case. As learning is a key pillar of this model, we encourage readers to retool the model and keep improving it with each new case they pursue.

The Oxford Handbook of International Human Rights Law
The Oxford Handbook of International Human Rights Law

Author: Dinah Shelton

Publisher:

Published: 2013-09

Total Pages: 1077

ISBN-13: 0199640130

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The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.

Hate Speech in Japan
Hate Speech in Japan

Author: Yuji Nasu

Publisher: Cambridge University Press

Published: 2021-01-28

Total Pages: 525

ISBN-13: 1108483992

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A comprehensive analysis into the background of legal responses to, and wider implications of, hate speech in Japan.

Rights and Courts in Pursuit of Social Change
Rights and Courts in Pursuit of Social Change

Author: Dia Anagnostou

Publisher: Bloomsbury Publishing

Published: 2014-12-01

Total Pages: 252

ISBN-13: 1782251863

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Over the past few decades, European countries have witnessed a proliferation of legal norms concerning marginalised individuals and minorities who increasingly invoke them in front of courts to assert their rights and claim protection. The present volume explores the relationship between law, rights and social mobilisation in Europe. It specifically enquires into the extent and ways in which legal processes and entitlements are mobilised by less privileged social actors to advance their rights claims and pursue social change. Most distinctly, it explores such processes in the context of the multi-level European system, characterised by the existence of multiple legal and judicial arenas at the national, subnational and supranational/transnational level. In such a complex system of law and governance in Europe, concepts like legal opportunity structures, as well as the factors shaping them need to be reconceptualised. How does the multi-level European context distinctly shape the nature and salience of rights, as well as their mobilisation by individuals and minority actors?

Litigating Health Rights
Litigating Health Rights

Author: Alicia Ely Yamin

Publisher: Harvard University Press

Published: 2015-04-01

Total Pages: 446

ISBN-13: 0986106208

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The last fifteen years have seen a tremendous growth in the number of health rights cases focusing on issues such as access to health services and essential medications. This volume examines the potential of litigation as a strategy to advance the right to health by holding governments accountable for these obligations. It includes case studies from Costa Rica, South Africa, India, Brazil, Argentina and Colombia, as well as chapters that address cross-cutting themes. The authors analyze what types of services and interventions have been the subject of successful litigation and what remedies have been ordered by courts. Different chapters address the systemic impact of health litigation efforts, taking into account who benefits both directly and indirectly—and what the overall impacts on health equity are.