The Protection Role and Jurisprudence of the United Nations Human Rights Council
Published on 14. April 2022
Book
Paperback/Softback
208 pages
978-90-04-50494-3 (ISBN)
Description
This book places under scrutiny for the first time, whether and how, the United Nations Human Rights Council actually contributes to the protection of human rights in the face of pervasive gross violations world-wide. It finds that the Council does little of preventive protection, some mitigatory protection, and little remedial or compensatory protection. The Council's response to situations of gross violations depends on the political alignments within its membership for each situation. The Council gives priority to cooperation and dialogue over principled denunciations of gross violations. It is not an organ of justice, but in some instances it is an organ for justice, inasmuch as it addresses the structural causes of violations. Much useful fact-finding takes place under the auspices of the Council, and it does contribute to the progressive development of international law.
More details
Series
Language
English
Place of publication
Netherlands
Publishing group
Brill
Target group
Professional and scholarly
Product notice
Paperback (trade)
Unsewn / adhesive bound
Dimensions
Height: 234 mm
Width: 155 mm
Thickness: 12 mm
Weight
295 gr
ISBN-13
978-90-04-50494-3 (9789004504943)
Copyright in bibliographic data and cover images is held by Nielsen Book Services Limited or by the publishers or by their respective licensors: all rights reserved.
Schweitzer Classification
Person
Bertrand Ramcharan performed the function of UN High Commissioner for Human Rights. He has been Commissioner of the International Commission of Jurists, and Member of the Permanent Court of Arbitration. He has written extensively on the protection roles of UN human rights organs, focussing on protection gaps in these bodies, with the aim of strengthening protection in international law and practice. He is President of the Human Rights Observatory.
Content
Challenges of Protection??
Foreword??
Preface??
Introduction??
1???Promoting Protection??
?1?Introduction
?2?The Universal Periodic Review
?3?Standard-Setting
?4?Cooperation with National Human Rights Institutions
?5?Business and Human Rights
?6?Indigenous Populations
?7?Minorities
?8?Slavery and Slavery-Like Practices
?9?Racism and Racial Discrimination
?10?Human Rights Defenders
?11?Studies
?12?Human Rights Education and Training
?13?Country Rapporteurs, Thematic Rapporteurs and Working Groups
?14?World Campaign on Human Rights
?15?Cooperation with Related UN Organs
?16?Cooperation with Regional Human Rights Bodies
?17?Conclusion
2???Universality??
?1?Introduction
?2?The Universal Periodic Review
?3?Philosophical Universality
?4?Universality of Human Rights under International Law: The International Bill of Human Rights
?5?Challenges to Universality
?6?Defending Universality
?6.1?The Democratic Test Of Universality??
?6.2?The Bases of Universality??
?6.3?Challenges of Implementation??
?6.4?Normative Universality??
?6.5?Universality in the UN Human Rights Council: The ?upr? Process??
?6.6?Political Universality??
?6.7?The Universality of International Law??
?6.8?Populism and Universality??
?6.9?Global Poverty and Universality??
?6.10?Gross Violations of Human Rights and Universality??
?6.11?Democratic Universality/Peoples' Universality??
?6.12?Universality as an Idea??
?6.13?Universality as a Goal??
?6.14?Universality as a Normative Concept??
?7?Conclusion
3???Protection??
?1?Introduction
?2?Efforts for International Protection
?3?The Human Rights Council
?4?High Commissioner's Updates to the Human Rights Council on Situations of Concern
?5?Protection Activities of Special Procedures of the Council
?6?Conclusion
4???Prevention??
?1?Introduction
?2?Pronouncements of the Council on Prevention
?3?Preventive Actions of Special Procedures of the Council
?4?Early Warning from the UN High Commissioner
?5?Tackling Root Causes of Violations
?6?Conclusion
5???Urgent Action??
?1?Introduction
?2?Special Sessions of the Council
?3?Urgent Actions by the President of the Council
?4?Urgent Actions by the High Commissioner at the Request of the Council
?5?Conclusion
6???Good Offices??
?1?Introduction
?2?Urgent Communications to Governments
?3?Confidential Complaints Procedure
?4?Good Offices by the President of the Human Rights Council
?5?Conclusion
7???Fact-Finding??
?1?Introduction
?2?Principles of Fact-Finding
?2.1?Do No Harm??
?2.2?Independence??
?2.3?Impartiality??
?2.4?Transparency??
?2.5?Objectivity??
?2.6?Confidentiality??
?2.7?Credibility??
?2.8?Visibility??
?2.9?Integrity??
?2.10?Professionalism??
?2.11?Consistency??
?3?The Special Procedures and Commissions of Inquiry
?4?Conclusion
8???Redress??
?1?Introduction
?2?Principles of Redress
?3?Right to Truth
?4?Expressions of Concern Over, or Condemnation of Gross Violations
?5?Accountability
?6?Transitional Justice
?7?Evaluation
?8?Conclusion
9???Justice??
?1?Introduction
?2?The Decline of Democracy in the World
?3?The Decline of Human Rights Justice in the World
?4?The Idea of Justice in Philosophical Literature
?5?The Idea of Justice in the International Bill of Human Rights
?5.1?Equal Enjoyment of Enumerated Rights??
?5.2?Non-Discrimination??
?5.3?Discrimination Versus Distinction??
?5.4?Affirmative Action??
?5.5?General Comment 4/13 of the Human Rights Committee (Gender Equality)??
?5.6?The Beijing World Conference on Women's Rights (1995)??
?5.7?Equitable Life Chances??
?6?The Human Rights Council's Contributions to the Global Quest for Justice
?7?The Human Rights Council as a Forum for Seeking and Promoting Global Justice
?7.1?Global Hunger??
?7.2?Widespread Lack of Access to Medicine??
?7.3?Widespread Lack of Access to Safe Drinking Water and Sanitation??
?7.4?World-Wide Discrimination Against Women??
?7.5?Child, Early and Forced Marriage in Times of Crisis, Including the ?covid?-19 Pandemic??
?7.6?Pervasive Gross Violations of Human Rights??
?7.7?Afro-Descendants??
?7.8?lgtbq????s??
?7.9?Albinism??
?8?Conclusion
10???Jurisprudence??
?1?Introduction
?2?The Architecture of International Law: Principles of the UN Charter
?3?Normative Instruments: Treaties and Declarations
?4?Principles on Human Rights and the Environment
?5?Human Rights and Climate Change
?6?The Right to Peace
?7?Promotion of a Democratic and Equitable International Order
?8?Human Rights: International Cooperation and International Solidarity
?9?Guiding Principles on Business and Human Rights
?10?National Infrastructure
?11?Protection of Human Rights While Countering Terrorism
?12?Rights to Freedom of Peaceful Assembly and of Association
?13?Protection from Arbitrary Detention
?14?Protection of Human Rights Defenders
?15?Right to Truth
?16?Transitional Justice
?17?Protection of Civilians in Armed Conflict
?18?Right to Food
?19?Human Rights and Access to Safe Drinking Water and Sanitation
?20?Access to Medicine
?21?Guiding Principles on Extreme Poverty and Human Rights
?22?Rights of Peasants
?23?The Human Rights of Older Persons
?24?Basic Principles and Guidelines on Development-Based Evictions and Displacement
?25?Trafficking in Persons
?26?Mercenarism
?27?Conclusion
Conclusion??
Bibliography??
Index??
Foreword??
Preface??
Introduction??
1???Promoting Protection??
?1?Introduction
?2?The Universal Periodic Review
?3?Standard-Setting
?4?Cooperation with National Human Rights Institutions
?5?Business and Human Rights
?6?Indigenous Populations
?7?Minorities
?8?Slavery and Slavery-Like Practices
?9?Racism and Racial Discrimination
?10?Human Rights Defenders
?11?Studies
?12?Human Rights Education and Training
?13?Country Rapporteurs, Thematic Rapporteurs and Working Groups
?14?World Campaign on Human Rights
?15?Cooperation with Related UN Organs
?16?Cooperation with Regional Human Rights Bodies
?17?Conclusion
2???Universality??
?1?Introduction
?2?The Universal Periodic Review
?3?Philosophical Universality
?4?Universality of Human Rights under International Law: The International Bill of Human Rights
?5?Challenges to Universality
?6?Defending Universality
?6.1?The Democratic Test Of Universality??
?6.2?The Bases of Universality??
?6.3?Challenges of Implementation??
?6.4?Normative Universality??
?6.5?Universality in the UN Human Rights Council: The ?upr? Process??
?6.6?Political Universality??
?6.7?The Universality of International Law??
?6.8?Populism and Universality??
?6.9?Global Poverty and Universality??
?6.10?Gross Violations of Human Rights and Universality??
?6.11?Democratic Universality/Peoples' Universality??
?6.12?Universality as an Idea??
?6.13?Universality as a Goal??
?6.14?Universality as a Normative Concept??
?7?Conclusion
3???Protection??
?1?Introduction
?2?Efforts for International Protection
?3?The Human Rights Council
?4?High Commissioner's Updates to the Human Rights Council on Situations of Concern
?5?Protection Activities of Special Procedures of the Council
?6?Conclusion
4???Prevention??
?1?Introduction
?2?Pronouncements of the Council on Prevention
?3?Preventive Actions of Special Procedures of the Council
?4?Early Warning from the UN High Commissioner
?5?Tackling Root Causes of Violations
?6?Conclusion
5???Urgent Action??
?1?Introduction
?2?Special Sessions of the Council
?3?Urgent Actions by the President of the Council
?4?Urgent Actions by the High Commissioner at the Request of the Council
?5?Conclusion
6???Good Offices??
?1?Introduction
?2?Urgent Communications to Governments
?3?Confidential Complaints Procedure
?4?Good Offices by the President of the Human Rights Council
?5?Conclusion
7???Fact-Finding??
?1?Introduction
?2?Principles of Fact-Finding
?2.1?Do No Harm??
?2.2?Independence??
?2.3?Impartiality??
?2.4?Transparency??
?2.5?Objectivity??
?2.6?Confidentiality??
?2.7?Credibility??
?2.8?Visibility??
?2.9?Integrity??
?2.10?Professionalism??
?2.11?Consistency??
?3?The Special Procedures and Commissions of Inquiry
?4?Conclusion
8???Redress??
?1?Introduction
?2?Principles of Redress
?3?Right to Truth
?4?Expressions of Concern Over, or Condemnation of Gross Violations
?5?Accountability
?6?Transitional Justice
?7?Evaluation
?8?Conclusion
9???Justice??
?1?Introduction
?2?The Decline of Democracy in the World
?3?The Decline of Human Rights Justice in the World
?4?The Idea of Justice in Philosophical Literature
?5?The Idea of Justice in the International Bill of Human Rights
?5.1?Equal Enjoyment of Enumerated Rights??
?5.2?Non-Discrimination??
?5.3?Discrimination Versus Distinction??
?5.4?Affirmative Action??
?5.5?General Comment 4/13 of the Human Rights Committee (Gender Equality)??
?5.6?The Beijing World Conference on Women's Rights (1995)??
?5.7?Equitable Life Chances??
?6?The Human Rights Council's Contributions to the Global Quest for Justice
?7?The Human Rights Council as a Forum for Seeking and Promoting Global Justice
?7.1?Global Hunger??
?7.2?Widespread Lack of Access to Medicine??
?7.3?Widespread Lack of Access to Safe Drinking Water and Sanitation??
?7.4?World-Wide Discrimination Against Women??
?7.5?Child, Early and Forced Marriage in Times of Crisis, Including the ?covid?-19 Pandemic??
?7.6?Pervasive Gross Violations of Human Rights??
?7.7?Afro-Descendants??
?7.8?lgtbq????s??
?7.9?Albinism??
?8?Conclusion
10???Jurisprudence??
?1?Introduction
?2?The Architecture of International Law: Principles of the UN Charter
?3?Normative Instruments: Treaties and Declarations
?4?Principles on Human Rights and the Environment
?5?Human Rights and Climate Change
?6?The Right to Peace
?7?Promotion of a Democratic and Equitable International Order
?8?Human Rights: International Cooperation and International Solidarity
?9?Guiding Principles on Business and Human Rights
?10?National Infrastructure
?11?Protection of Human Rights While Countering Terrorism
?12?Rights to Freedom of Peaceful Assembly and of Association
?13?Protection from Arbitrary Detention
?14?Protection of Human Rights Defenders
?15?Right to Truth
?16?Transitional Justice
?17?Protection of Civilians in Armed Conflict
?18?Right to Food
?19?Human Rights and Access to Safe Drinking Water and Sanitation
?20?Access to Medicine
?21?Guiding Principles on Extreme Poverty and Human Rights
?22?Rights of Peasants
?23?The Human Rights of Older Persons
?24?Basic Principles and Guidelines on Development-Based Evictions and Displacement
?25?Trafficking in Persons
?26?Mercenarism
?27?Conclusion
Conclusion??
Bibliography??
Index??