상세정보
- 상세정보
Justiciability of human rights law in domestic jurisdictions
Diver, Alice
- 책이미지
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- 도서 상세정보
| 자료유형 | e-Book |
|---|---|
| 개인저자 | Diver, Alice, 1967-, editor. Miller, Jacinta, editor. |
| 서명/저자사항 | Justiciability of human rights law in domestic jurisdictions :Alice Diver, Jacinta Miller, editors. |
| 형태사항 | 1 online resource (xxv, 422 pages). |
| 기타형태 저록 | Original, 3319240145, 9783319240145 |
| ISBN | 9783319240169 3319240161 |
| 서지주기 | Includes bibliographical references. |
| 내용주기 | Foreword; Preface; Contents; Biographies; Enforcing Human Rights at End of Life: Is There a Better Approach?; 1 Introduction; 2 Withholding and Withdrawal of Life-Sustaining Treatment; 3 Prolonged Disorders of Consciousness; 4 Minimally Conscious Patients; 5 Requests for Treatment; 6 `Do Not Attempt Cardiopulmonary Resuscitation ́Notices; 7 The Pervasive Nature of Article 8; 8 Assisted Dying; 9 Conclusion; References; Case Law (UK); Case Law (Strasbourg); Legislation; Can Rights Be Ring-Fenced in Times of Austerity? Equality, Equity and Judicial `Trusteeship ́over the UKś Fairness Agenda 1 Introduction2 Justiciability?; 3 Judicial (Over)Deference or Judges as `Rights-Trustees?́; 4 Identifying Baselines: (In)equality or (In)equity?; 5 Conclusion; References; UK Case Law; Strasbourg Case Law; South African Case Law; UN Documents; Websites; The Right to Healthcare: A Critical Examination of the Human Right of Irregular Migrants to Access State-Funded HIV/AIDS Treat...; 1 Introduction; 2 The Emerging Mythology Around `Health Tourism;́ 3 Health Care as a `Human Right;́ 4 Applicability of European Human Rights Law; 5 Domestic and European Jurisprudence; 6 An `Integrated Approach́ 7 The `Exclusion Approach8́ The Policy Dilemma; 9 Conclusion; References; Case Law; Canada; UK; Legislation; Websites; UN Documents; Dignity: A Relevant Normative Value in `Access to Health and Social Care ́Litigation in the United Kingdom?; 1 Introduction; 2 The McDonald Litigation; 3 Dignity: What Does It Mean?; 4 Dignity and the Right to Health; 5 Conclusion; References; United Nations Material; Cases; Patent Rights, Access to Medicines, and the Justiciability of the Right to Health in Kenya, South Africa and India; 1 Introduction 2 The Nature of the Relationship Between Patent Rights and the Right to Health3 The Right to Health in Kenya, South Africa and India; 3.1 Kenya and South Africa; 3.2 India; 4 Incorporating the Right to Health into the Adjudication of Disputes Involving Pharmaceutical Patents; 4.1 Kenya; 4.2 South Africa; 4.3 India; 5 Conclusion; References; Case Law; Overcoming the (Non)justiciable Conundrum: The Doctrine of Harmonious Construction and the Interpretation of the Right to a He...; 1 Introduction; 2 Constitutionalism in Nigeria; 3 Doctrine of `Harmonious Construction ́in India 3.1 The 1999 CFRN and the `Right ́to a Healthy Environment and Debates on Justiciability3.2 The Broad Interpretation of the Right to Life; 3.3 Impact of the African Charter; 3.4 The FREP Rules and the Right to a Healthy Environment; 4 Moving Beyond the Quagmire: Recourse to the Doctrine of `Harmonious Construction;́ 5 Harmonious Construction Doctrine and Right to the Environment in Nigeria; 6 Conclusion; References; Articles; Cases; Web/Online; Justiciable Disability Rights and Social Change: A Northern Ireland Case Study; 1 Introduction; 2 The Origins and Objectives of DA |
| 요약 | This collection of 16 essays by 19 contributors calls into question the notion of domestic justiciability across a wide range of human rights issues, such as health, human dignity, criminal justice, property and transitional democracy. The authors offer critical analyses of a number of rights frameworks, focusing in considerable detail upon specific countries (e.g. Libya, Colombia, Ireland, the United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe, Kenya, India) and regions (e.g. Europe, Africa) to highlight the various challenges which continue to vex human rights advocates and scholars. In doing so they pinpoint some of the major tensions that still exist within developing and developed jurisdictions, via a myriad range of perspectives. The essays collectively present a diverse assortment of themes unified by a single ℓ́ℓgolden threadℓ́ℓ ℓ́ℓ that of the domestic interpretations given to human rights protections. They raise questions as to how such rights might be made substantive at the level of domestic implementation, and query the extent to which these rights can, or even should, be enforced by the courts. The potential strains in the relationship between human rights and the rule of law, is further called into question by another central theme: that of human dignity. A fundamental dilemma arises in respect of the extent to which a ℓ́ℓrightℓ́ℓ to dignity can best be promoted, protected or monitored by domestic decision-makers.℗ℓSimilar issues are apparent within the context of the protection of those human rights which increasingly tend to engage social, political or economic considerations and interests. Whilst these arguments are often framed principally in terms of ℓ́ℓrights,ℓ́ℓ the collective message that emerges from this book is that such rights may often be, in fact, essentially non-justiciable.℗ℓReaders of this text will perhaps feel compelled to reflect carefully and fully upon what it tells us about human rights law generally, and the extent to which such rights may be truly amenable to adjudication by the courts. |
| 일반주제명 | Human rights. Jurisdiction (International law) LAW / International Human rights Jurisdiction (International law) |
| 바로가기 | URL |
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