Immediate and Progressive Realisation in International Human Rights Law
Tobias Wirthle(Autor*in)
Hart Publishing
Erschienen am 20. Februar 2025
Buch
Hardcover
328 Seiten
978-1-5099-8247-9 (ISBN)
Beschreibung
This book makes a new and original contribution to the old debate about differences between socio-economic and civil and political rights, which has engaged human rights discourse over several decades.
Although scholars and practitioners now agree that these categories are more alike than originally assumed, they continue to delineate them based on the alleged difference between immediate and progressive realisation. The book asks whether this differentiation is still valid by exploring the historical and theoretical background, the text of relevant UN human rights treaties, and the practice of the UN human rights committees. By so doing, it shows that the standards of realisation converge more than diverge and that this last remaining distinction should be abandoned.
Human rights lawyers, advocates, practitioners and policy makers will find this book invaluable as it brings much needed clarification to this key question.
Although scholars and practitioners now agree that these categories are more alike than originally assumed, they continue to delineate them based on the alleged difference between immediate and progressive realisation. The book asks whether this differentiation is still valid by exploring the historical and theoretical background, the text of relevant UN human rights treaties, and the practice of the UN human rights committees. By so doing, it shows that the standards of realisation converge more than diverge and that this last remaining distinction should be abandoned.
Human rights lawyers, advocates, practitioners and policy makers will find this book invaluable as it brings much needed clarification to this key question.
Weitere Details
Reihe
Sprache
Englisch
Verlagsort
Oxford
Großbritannien
Verlagsgruppe
Bloomsbury Publishing PLC
Zielgruppe
Für Beruf und Forschung
Für höhere Schule und Studium
Maße
Höhe: 238 mm
Breite: 164 mm
Dicke: 24 mm
Gewicht
640 gr
ISBN-13
978-1-5099-8247-9 (9781509982479)
Copyright in bibliographic data is held by Nielsen Book Services Limited or its licensors: all rights reserved.
Schweitzer Klassifikation
Weitere Ausgaben
Person
Tobias Wirthle is Researcher at Muenster University, Germany.
Inhalt
Introduction
Part 1: History and Theory
1. The Rise and Fall of the Historic Divide between Socio-economic and Civil and Political Rights
2. The Concept of Progressive Realisation
Part 2: Analysis of Committee Jurisprudence
3. The General Conception of the Divide between Categories
4. Civil and Political Rights as Progressively Realisable
5. Civil and Political Rights as Subject to Resource Availability
6. The Application of the Margin of Appreciation and the Reasonableness Standard to Civil and Political Rights
Part 3: Treaty Interpretation
7. The Applicable Rules of Treaty Interpretation, Ordinary Meaning, and Context
8. External Sources of Treaty Interpretation
9. Supplementary Means and Result of Interpretation
Conclusion, Recommendations, and Outlook
Part 1: History and Theory
1. The Rise and Fall of the Historic Divide between Socio-economic and Civil and Political Rights
2. The Concept of Progressive Realisation
Part 2: Analysis of Committee Jurisprudence
3. The General Conception of the Divide between Categories
4. Civil and Political Rights as Progressively Realisable
5. Civil and Political Rights as Subject to Resource Availability
6. The Application of the Margin of Appreciation and the Reasonableness Standard to Civil and Political Rights
Part 3: Treaty Interpretation
7. The Applicable Rules of Treaty Interpretation, Ordinary Meaning, and Context
8. External Sources of Treaty Interpretation
9. Supplementary Means and Result of Interpretation
Conclusion, Recommendations, and Outlook