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INTERNATIONAL HUMAN RIGHTS LAW

INTERNATIONAL HUMAN RIGHTS LAW

Third Edition EDITED BY

University of Zurich

University of Nottingham

University of Nottingham

CONSULTANT EDITOR:

Professor Emeritus and Co-Director, Human Rights Law Centre, University of Nottingham

Great Clarendon Street, Oxford, OX2 6DP, United Kingdom

Oxford University Press is a department of the University of Oxford. It furthers the University’s objective of excellence in research, scholarship, and education by publishing worldwide. Oxford is a registered trade mark of Oxford University Press in the UK and in certain other countries © Oxford University Press 2018

The moral rights of the authors have been asserted

First edition 2010

Second edition 2014

Impression: 1

All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, without the prior permission in writing of Oxford University Press, or as expressly permitted by law, by licence or under terms agreed with the appropriate reprographics rights organization. Enquiries concerning reproduction outside the scope of the above should be sent to the Rights Department, Oxford University Press, at the address above

You must not circulate this work in any other form and you must impose this same condition on any acquirer

Public sector information reproduced under Open Government Licence v3.0 (http://www.nationalarchives.gov.uk/doc/open-government-licence/open-government-licence.htm)

Published in the United States of America by Oxford University Press 198 Madison Avenue, New York, NY 10016, United States of America

British Library Cataloguing in Publication Data Data available

Library of Congress Control Number: 2017948019

ISBN 978–0–19–108002–9

Printed in Great Britain by Bell & Bain Ltd., Glasgow

Links to third party websites are provided by Oxford in good faith and for information only. Oxford disclaims any responsibility for the materials contained in any third party website referenced in this work.

OUTLINE CONTENTS

DETAILED

2.4

PART VI CHALLENGES

6.1

PREFACE

Human rights mean different things to different people. From the woman on the street to the UN High Commissioner for Human Rights, from the local human rights activist to the government official, each of us has a different conception of the origin, purpose, and function of human rights. To reflect this diversity of views, we have invited a range of practitioners and academics with different regional, theoretical, and professional backgrounds to contribute chapters to this textbook on their respective fields of expertise.

The book covers the key elements of a typical international human rights law course. It follows the same format as the first two editions. Part I seeks to show how human rights have developed over time, how they can be justified, and on what basis they may be criticized. Today, human rights are firmly located in international law and Part II explores the key international law aspects of human rights. Part III considers some of the rights guaranteed to individuals and groups by international human rights law. Part IV addresses the systems of human rights protection at the UN, regional, and national levels. Part V examines the linkages between international human rights law and three other areas of international law: international humanitarian law, international criminal law, and international refugee law. Finally, the book concludes, in Part VI, with a consideration of some of the major challenges to the protection of human rights. For want of space, it is impossible to cover all substantive rights, protected groups, systems of protection, linkages, and challenges. This is not meant to reflect in any way the importance, or lack thereof, of the omitted issues.

There are some changes to the book for this third edition. The most obvious is the addition of chapters on Children’s Rights by Geraldine Van Bueren and on Regional Protection by Başak Çalı. All other chapters have been thoroughly updated to take account of developments since the publication of the second edition in 2013. Many chapters have also been expanded or elaborated in response to helpful comments received about the second edition. We are grateful to friends and colleagues for these comments. There have also been some changes in authors. Sadly, Sir Nigel Rodley passed away in January 2017 and we wish to thank Dr Lyn Rodley for her agreement that we may continue to use his chapter. We are grateful to Raffael Fasel for updating this chapter. Dominic McGoldrick has updated the chapter on Thought, Expression, Association, and Assembly; Thomas Antkowiak has updated the chapter on the Americas; and Sarah Joseph has been joined by Sam Dipnall in the update of her chapter on Scope of Application. The chapters take into account developments as far as July 2017. Where it has been possible, some later developments have been added at the proof stage.

Many people have supported us in various ways throughout the process of producing this textbook. We are particularly grateful to the contributors to the book for their enthusiasm and support, to our consulting editor, David Harris, for his guidance throughout the process, to Christine Tramontano and Olivia Salmon for their editorial assistance, and to the team at Oxford University Press for steering us through the various editorial stages.

DM/SS/SS

Zurich/Nottingham, September 2017

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