Full Description
This textbook provides a thorough and systematic overview of human rights law, including the most relevant practice and case law, but also dealing with theoretical issues. It pursues an original approach, seeking to reconcile its didactic purpose with a scientific one, positing that there must be a necessary synergy between these two purposes. Furthermore, the author is convinced that international human rights law should not be studied (as is done in virtually every textbook) as a special legal regime, separate and autonomous from the overall system of international law; but as a regime that is fully integrated into the international legal order.
The book's dominant theme is the interrelationship of international human rights law and general international law. Following this approach, the author has chosen to devote comparatively little content to institutional issues (Part IV) and to instead more intensively explore the structural impact of human rights law onthe entire international order (Part I); on the sources (Part II) and obligations (Part III) of general international law; and what constitutes "fundamental" human rights (Part V), without neglecting other rights (Part VI).
Contents
Part I - Human rights in the international legal system: 1 The foundation and historical development of international human rights.- 2 The impact of human rights on international law.- Part II - International sources: 3 General international law.- 4 Treaties.- 5 Sources envisaged in international treaties.- 6 Soft law.- Part III - International obligations: 7 Personal scope of obligations.- 8 Content and nature of the obligations. Various categories and their validity.- 9 Spatial scope of obligations.- Part IV - Conventional human rights systems: treaties, organs and procedures: 10 The United Nations system.- 11 The European system of human rights.- 12 Other regional human rights systems.- Part V - "Fundamental" human rights: 13 Distinctions between human rights categories.- 14 Protection of life and physical integrity of the person.- 15 Protection of basic needs and subsistence rights of the person.- 16 Protection of liberty and security of the person.- 18 Protection of the essential identity of the person.- 19 Protection of the will and identity of peoples.- Part VI - Other human rights: 20 Protection of private and family life.- 21 Protection of intellectual and cultural activities.- 22 Protection of political activities.- 23 Protection of economic activities.- 24 Protection of freedom of movement.- 25 Collective human rights and political objectives of the international community.
