Description
Book SynopsisHuman Rights Tectonics: Global Dynamics of Integration and Fragmentation is a collaborative effort of internationally renowned human rights experts to analyse the effectiveness of legal protection in a highly fragmented and multi-layered human rights system.Bringing together international, European and national perspectives and focusing on select subject areas such as non-discrimination, accommodation of cultural identity and socio-economic rights, the book examines the difficulties faced by human rights lawyers in their day-to-day work. Through the implementation of a methodology applying both theoretical inquiry and case study examples, the book analyses the impact of the fragmentation of international and regional human rights and how this can cause failures in effective legal protection or, on certain occasions, strengthen it. The imagery of plate tectonics aims to portray the extent to which human rights law is in perpetual construction and constant renewal with lines of convergence and divergence. Entangled into battles, shocks, jolts or clashes, human rights find themselves today 'on trial'. Against this backdrop, the book addresses the case for an increased integration of human rights law, comprehensively and critically, with a focus on concrete and contemporary issues.
Table of ContentsPart I. Promises and Challenges of an Integrated Approach to Human Rights The Formation of a Common Law of Human Rights (p. 1) UN Special Procedures: System Puppets or User's Saviours? (p. 41) The African Court on Human and Peoples' Rights: A Uniquely Equipped Testbed for (the Limits of) Human Rights Integration? (p. 69) The Role of Non-Judicial Bodies in Human Rights Implementation (p. 89) Part II. Human Rights Tectonics through an Issue-Based Approach Why a Global Approach to Non-Discrimination Law Matters: Struggling with the 'Conscience' of Companies (p. 109) Sexual and Reproductive Rights at the Crossroads: Intersectionality and the UN Treaty Monitoring Bodies (p. 141) The Integration of Cultural and Economic Rights by Regional Human Rights Courts (p. 163) The Use of External Instruments by the European Court of Human Rights: (Missed) Opportunities for the Rights of Persons with Disabilities (p. 193) Part III. Human Rights Dynamics in Europe The European Union in the International System of Human Rights Protection: Solo Singer or Voice in the Choir? (p. 223) Opinion 2/13 as a Game Changer in the Dialogue Between the European Courts? (p. 243) Sharing of the Burden of Proof in Cases on Racial Discrimination: Concepts, General Trends and Challenges before the ECtHR (p. 271) Rethinking the Two Margins of Appreciation (p. 303)
