
International Human Rights Law & Practice
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Civil rights and criminal defense attorneys will discover that international law affords more protection to their clients than local law. Because customary international law is binding on many domestic courts, international law governing--e.g., gay/lesbian rights, racial discrimination, immigrants' rights, use of force, workers' rights, and the death penalty--is indispensable to US civil rights and criminal defense attorneys facing unfavorable domestic law.
The book is supported by a documentary supplement volume which includes the full text of all relevant treaties, conventions, procedural rules, case flow charts and model pleadings. Together, these two volumes provide a complete resource for attorneys and professors desiring to become active in the international human rights field.
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Content
- Cover
- Half Title Page
- Title Page
- Copyright Page
- Summary of Contents
- Table of Contents
- Introductory Note
- Selected Human Rights Treaties: Signatures & Ratifications
- I. THE U.N. SYSTEM
- 1. Charter of the United Nations
- CHAPTER I PURPOSES AND PRINCIPLES
- CHAPTER II MEMBERSHIP
- CHAPTER III ORGANS
- CHAPTER IV THE GENERAL ASSEMBLY
- CHAPTER V THE SECURITY COUNCIL
- CHAPTER VI PACIFIC SETTLEMENT OF DISPUTES
- CHAPTER VII ACTION WITH RESPECT TO THREATS TO THE PEACE, BREACHES OF THE PEACE, AND ACTS OF AGGRESSION
- CHAPTER VIII REGIONAL ARRANGEMENTS
- CHAPTER IX INTERNATIONAL ECONOMIC AND SOCIAL CO-OPERATION
- CHAPTER X THE ECONOMIC AND SOCIAL COUNCIL
- CHAPTER XI DECLARA NON REGARDING NON-SELF-GOVERNING TERRITORIES
- CHAPTER XII INTERNATIONAL TRUSTEESHIP SYSTEM
- CHAPTER XIII THE TRUSTEESHIP COUNCIL
- CHAPTER XIV THE INTERNATIONAL COURT OF JUSTICE
- CHAPTER XV THE SECRETARIAT
- CHAPTER XVI MISCELLANEOUS PROVISIONS
- CHAPTER XVII TRANSITIONAL SECURITY ARRANGEMENTS
- CHAPTER XVIII AMENDMENTS
- CHAPTER XIX RATIFICATION AND SIGNATURE
- 2. Universal Declaration of Human Rights
- PREAMBLE
- 3. International Covenant on Civil and Political Rights & Optional Protocols
- PART I
- PART II
- PART III
- PART IV
- PART V
- PART VI
- OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS
- SECOND OPTIONAL PROTOCOL TO THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS, AIMING AT THE ABOLITION OF THE DEATH PENALTY
- 4. Rules of Procedure of the UN Human Rights Committee?
- PART I. GENERAL RULES
- I. SESSIONS
- II. AGENDA
- III. MEMBERS OF THE COMMITTEE
- IV. OFFICERS
- V . SECRETARIAT
- VI. LANGUAGES
- VII. PUBLIC AND PRIVATE MEETINGS
- VIII. RECORDS
- IX. CONDUCT OF BUSINESS
- X. VOTING
- XI. SUBSIDIARY BODIES
- XII. ANNUAL REPORT OF THE COMMITTEE
- XIII. DISTRIBUTION OF REPORTS AND OTHER OFFICIAL DOCUMENTS OF THE COMMITTEE
- XIV. AMENDMENTS
- PART II. RULES RELATING TO THE FUNCTIONS OF THE COMMITTEE
- XV. REPORTS FROM STATES PARTIES UNDER ARTICLE 40 OF THE COVENANT
- XVI. PROCEDURE FOR THE CONSIDERATION OF COMMUNICATIONS RECEIVED UNDER ARTICLE 41 OF THE COVENANT
- XVII. PROCEDURE FOR THE CONSIDERATION OF COMMUNICATIONS RECEIVED UNDER THE OPTIONAL PROTOCOL
- 5. International Covenant on Economic, Social and Cultural Rights
- PART I
- PART II
- PART III
- PART IV
- PART V
- 6. Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
- Part I
- Part II
- Part III
- 7. Convention on the Elimination of All Forms of Racial Discrimination
- PART I
- PART II
- PART III
- 8. Convention on the Elimination of All Forms of Discrimination Against Women
- PART I
- PART II
- PART III
- PART IV
- PART V
- PART VI
- 9. Convention on the Rights of the Child
- PREAMBLE
- PART I
- PART II
- PART III
- 10. Convention Relating to the Status of Refugees
- PREAMBLE
- CHAPTER I GENERAL PROVISIONS
- CHAPTER II JURIDICAL STATUS
- CHAPTER III GAINFUL EMPLOYMENT
- CHAPTER IV WELFARE
- CHAPTER V ADMINISTRATIVE MEASURES
- CHAPTER VI EXECUTORY AND TRANSITORY PROVISIONS
- CHAPTER VII FINAL CLAUSES
- 11. Protocol I Relating to the Status of Refugees
- Article I GENERAL PROVISION
- Article II CO-OPERATION OF THE NATIONAL AUTHORITIES WITH THE UNITED NATIONS
- Article III INFORMATION ON NATIONAL LEGISLATION
- Article IV SETTLEMENT OF DISPUTES
- Article V ACCESSION
- Article VI FEDERAL CLAUSE
- Article VII RESERVATIONS AND DECLARATIONS
- Article VIII ENTRY INTO FORCE
- Article IX DENUNCIATION
- Article X NOTIFICATIONS BY THE SECRETARY-GENERAL OF THE UNITED NATIONS
- Article XI DEPOSIT IN THE ARCHIVES OF THE SECRETARIAT OF THE UNITED NATIONS
- 12. Convention on the Prevention and Punishment of the Crime of Genocide
- 13. Procedure for Dealing with Communications Relating to Violations of Human Rights and Fundamental Freedoms (ECOSOC Resolution 1503)
- 14. Provisional Procedures for Dealing with the Question of Admissibility of Communications
- II. THE EUROPEAN SYSTEM - COUNCIL OF EUROPE
- 1. European Convention for the Protection of Human Rights and Fundamental Freedoms ("European Convention on Human Rights")
- SECTION I
- SECTION II
- SECTION III
- SECTION IV
- SECTION V
- PROTOCOLS
- Appendix
- 2. Rules of Procedure of the European Commission of Human Rights
- TABLE OF CONTENTS
- PREAMBLE
- TITLE I ORGANIZATION OF THE COMMISSION
- TITLE II THE FUNCTIONING OF THE COMMISSION
- TITLE III PROCEDURE
- TITLE IV RELATIONS OF THE COMMISSION WITH THE COURT
- FINAL TITLE
- ADDENDUM TO THE RULES OF PROCEDURE LEGAL AID
- 3. European Court of Human Rights Rules of Court A
- TITLE I ORGANIZATION AND WORKING OF THE COURT
- TITLE II PROCEDURE
- 4. European Court of Human Rights Rules of Court B
- TITLE I ORGANIZATION AND WORKING OF THE COURT
- TITLE II PROCEDURE
- 5. European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
- Chapter I
- Chapter II
- Chapter III
- Chapter IV
- Chapter V
- 6. Protocol No.1 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
- 7. Protocol No. 2 to the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment
- 8. European Social Charter
- Preamble
- Appendix to the Social Charter Scope of the Social Charter in Terms of Persons Protected
- 9. Protocol Amending the European Social Charter
- 10. Additional Protocol to the European Social Charter
- PREAMBLE
- PART I
- PART II
- PART III
- PART IV
- PART V
- III. THE INTER-AMERICAN SYSTEM - ORGANIZATION OF AMERICAN STATES
- 1. American Declaration of the Rights and Duties of Man
- Preamble
- CHAPTER ONE Rights
- CHAPTER TWO Duties
- 2. American Convention on Human Rights ("Pact of San Jose")
- PREAMBLE
- PART I. STATE OBLIGATIONS AND RIGHTS PROTECTED
- PART II. MEANS OF PROTECTION
- PART III. GENERAL AND TRANSITORY PROVISIONS
- 3. Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social and Cultural Rights (Protocol of San Salvador)
- Preamble
- Article 1 Obligation to adopt measures
- Article 2 Obligation to enact domestic legislation
- Article 3 Obligation of nondiscrimination
- Article 4 Inadmissibility of restrictions
- Article 5 Scope of restrictions and limitations
- Article 6 Right to work
- Article 7 Just, equitable and satisfactory conditions of work
- Article 8 Trade union rights
- Article 9 Right to social security
- Article 10 Right to health
- Article 11 Right to a healthy environment
- Article 12 Right to food
- Article 13 Right to education
- Article 14 Right to the benefits of culture
- Article 15 Right to the formation and the protection of families
- Article 16 Rights of children
- Article 17 Protection of the elderly
- Article 18 Protection of the handicapped
- Article 19 Means of protection
- Article 20 Reservations
- Article 21 Signature, ratification or accession. Entry into effect
- Article 22 Inclusion of other rights and expansion of those recognized
- 4. Protocol to the American Convention on Human Rights to Abolish the Death Penalty
- PREAMBLE
- 5. Inter-American Convention to Prevent and Punish Torture
- 6. Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women ("Convention of Belem Do Para")
- CHAPTER I DEFINITION AND SCOPE OF APPLICATION
- CHAPTER II RIGHTS PROTECTED
- CHAPTER III DUTIES OF THE STATES
- CHAPTER IV INTER-AMERICAN MECHANISMS OF PROTECTION
- CHAPTER V GENERAL PROVISIONS
- 7. Inter-American Convention on the Forced Disappearance of Persons
- 8. Statute of the Inter-American Commission on Human Rights
- 9. Regulations of the Inter-American Commission on Human Rights
- TITLE I ORGANIZATION OF THE COMMISSION
- TITLE II PROCEDURES
- TITLE III RELATIONS WITH THE INTER-AMERICAN COURT OF HUMAN RIGHTS
- TITLE IV FINAL PROVISIONS
- 10. Statute of the Inter-American Court on Human Rights
- CHAPTER I GENERAL PROVISIONS
- CHAPTER II COMPOSITION OF THE COURT
- CHAPTER III STRUCTURE OF THE COURT
- CHAPTER IV RIGHTS, DUTIES AND RESPONSIBILITIES
- CHAPTER V THE WORKINGS OF THE COURT
- CHAPTER VI RELATIONS WITH GOVERNMENTS AND ORGANIZATIONS
- CHAPTER VII FINAL PROVISIONS
- 11. Rules of Procedure of the Inter-American Court of Human Rights
- PRELIMINARY PROVISIONS
- TITLE I ORGANIZATION AND FUNCTIONING OF THE COURT
- TITLE II PROCEDURE
- TITLE III ADVISORY OPINIONS
- TITLE IV FINAL AND TRANSITORY PROVISIONS
- IV. THE AFRICAN SYSTEM - ORGANIZATION OF AFRICAN UNITY
- 1. African [Banjul] Charter on Human and Peoples' Rights
- PREAMBLE
- Part I: Rights and Duties
- Part II: Measures of Safeguard
- 2. Rules of Procedure of the African Commission on Human and Peoples' Rights
- GENERAL PROVISIONS ORGANISATION OF THE COMMISSION
- PART TWO PROVISIONS RELATING TO THE FUNCTIONS OF THE COMMISSION
- 3. African Charter on the Rights and Welfare of the Child
- PREAMBLE
- PART I: RIGHTS AND DUTIES
- PART II
- 4. Convention Governing the Specific Aspects of Refugee Problems in Africa
- PREAMBLE
- V. OTHER REGIONAL INSTRUMENTS
- 1. Convention on Human Rights and Fundamental Freedoms of the Commonwealth of Independent States
- 2. Arab Charter on Human Rights
- Preamble
- Part One
- Part Two
- Section Three
- Section Four
- 3. Resolution No. 49/19-P on the Cairo Declaration on Human Rights in Islam
- ANNEX TO RES. NO. 49/19-P THE CAIRO DECLARATION ON HUMAN RIGHTS IN ISLAM
- 4. Charter of Paris for a New Europe
- A NEW ERA OF DEMOCRACY, PEACE AND UNITY
- GUIDELINES FOR THE FUTURE
- NEW STRUCTURES AND INSTITUTIONS OF THE CSCE PROCESS
- VI. INTERNATIONAL CRIMINAL TRIBUNALS
- 1. Statute of the International Tribunal [For the Former Yugoslavia]
- 2. Rules of Procedure and Evidence for the International Criminal Tribunal for the Former Yugoslavia
- PART ONE GENERAL PROVISIONS
- PART TWO PRIMACY OF THE TRIBUNAL
- PART THREE ORGANIZATION OF THE TRIBUNAL
- PART FOUR INVESTIGATIONS AND RIGHTS OF SUSPECTS
- PART FIVE PRE-TRIAL PROCEEDINGS
- PART SIX PROCEEDINGS BEFORE TRIAL CHAMBERS
- PART SEVEN APPELLATE PROCEEDINGS
- PART EIGHT REVIEW PROCEEDINGS
- PART NINE PARDON AND COMMUTATION OF SENTENCE
- 3. Directive on Assignment of Defence Counsel
- PREAMBLE
- 4. Code of Professional Conduct for Defence Counsel Appearing Before the International Tribunal
- PREAMBLE
- PRELIMINARY
- GENERAL OBLIGATIONS OF COUNSEL TO CLIENTS
- CONDUCT BEFORE THE TRIBUNAL
- DUTY OF COUNSEL TO OTHERS
- MAINTENANCE OF THE INTEGRITY OF THE PROFESSION
- 5. Rules Governing the Detention of Persons Awaiting Trial or Appeal Before the Tribunal or Otherwise Detained on the Authority of the Tribunal
- PREAMBLE
- DEFINITIONS
- BASIC PRINCIPLES
- MANAGEMENT OF THE DETENTION UNIT
- RIGHTS OF DETAINEES
- REMOVAL AND TRANSPORT OF DETAINEES
- AMENDMENT OF THE RULES OF DETENTION
- 6. Statute of the International Criminal Tribunal for Rwanda
- 7. Rules of Procedure and Evidence for the International Criminal Tribunal for Rwanda
- PART ONE: GENERAL PROVISIONS
- PART TWO: PRIMACY OF THE TRIBUNAL
- PART THREE: ORGANISATION OF THE TRIBUNAL
- PART FOUR: INVESTIGATIONS AND RIGHTS OF SUSPECTS
- PART FIVE: PRE-TRIAL PROCEEDINGS
- PART SIX: PROCEEDINGS BEFORE TRIAL CHAMBERS
- PART SEVEN: APPELLATE PROCEEDINGS
- PART EIGHT: REVIEW PROCEEDINGS
- PART NINE: PARDON AND COMMUTATION OF SENTENCE
- VII. HUMANITARIAN TREATIES
- 1. Hague Convention (IV) Respecting the Laws and Customs of War on Land
- SECTION I ON BELLIGERENTS
- SECTION II HOSTILITIES
- SECTION III MILITARY AUTHORITY OVER THE TERRITORY OF THE HOSTILE STATE
- 2. Geneva Convention (IV) Relative to the Protection of Civilian Persons in Time of War
- PART I GENERAL PROVISIONS
- PART II GENERAL PROTECTION OF POPULATIONS AGAINST CERTAIN CONSEQUENCES OF WAR
- PART III STATUS AND TREATMENT OF PROTECTED PERSONS
- PART IV EXECUTION OF THE CONVENTION
- 3. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of International Armed Conflicts (Protocol I)
- PREAMBLE
- PART I GENERAL PROVISIONS
- PART II WOUNDED, SICK AND SHIPWRECKED
- PART III METHODS AND MEANS OF WARFARE COMBATANT AND PRISONER-OF-WAR STATUS
- PART IV CIVILIAN POPULATION
- PART V EXECUTION OF THE CONVENTIONS AND OF THIS PROTOCOL
- PART VI FINAL PROVISIONS
- 4. Protocol Additional to the Geneva Conventions of 12 August 1949, and Relating to the Protection of Victims of Non-international Armed Conflicts (Protocol II)
- PREAMBLE
- PART I SCOPE OF THIS PROTOCOL
- PART II HUMANE TREATMENT
- PART III WOUNDED, SICK AND SHIPWRECKED
- PART IV CIVILIAN POPULATION
- PART V FINAL PROVISIONS
- VIII. OTHER INSTRUMENTS
- 1. Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief
- 2. Discrimination (Employment and Occupation) Convention (ILO No. 111)
- 3. Draft Declaration on the Rights of Indigenous Peoples
- PART I
- PART II
- PART III
- PART IV
- PART V
- PART VI
- PART VII
- PART VIII
- PART IX
- 4. The 1994 Draft Declaration of Principles on Human Rights and the Environment
- Preamble
- Part I
- Part II
- Part III
- Part IV
- Part V
- 5. Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment
- SCOPE OF THE BODY OF PRINCIPLES
- USE OF TERMS
- 6. UN Rules for the Protection of Juveniles Deprived of Their Liberty
- I. FUNDAMENTAL PERSPECTIVES
- II. SCOPE AND APPLICATION OF THE RULES
- III. JUVENILES UNDER ARREST OR AWAITING TRIAL
- IV. THE MANAGEMENT OF JUVENILE FACILITIES
- V. PERSONNEL
- 7. Safeguards Guaranteeing Protection of Those Facing the Death Penalty
- 8. Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions
- 9. Basic Principles on the Use of Force and Firearms by Law Enforcement Officials
- 10. Basic Principles on the Role of Lawyers
- 11. Vienna Convention on the Law of Treaties
- PART I INTRODUCTION
- PART II CONCLUSION AND ENTRY INTO FORCE OF TREATIES
- PART III OBSERVANCE, APPLICATION AND INTERPRETATION OF TREATIES
- PART IV AMENDMENT AND MODIFICATION OF TREATIES
- PART V INVALIDITY, TERMINATION AND SUSPENSION OF THE OPERATION OF TREATIES
- PART VI MISCELLANEOUS PROVISIONS
- PART VII DEPOSITARIES, NOTIFICATIONS, CORRECTIONS AND REGISTRATION
- PART VIII FINAL PROVISIONS
- ANNEX
- APPENDIX
- Directory of International Human Rights Tribunals
- I. European Commission and Court of Human Rights
- II. Inter-American Commission and Court of Human Rights
- III. African Commission on Human and Peoples' Rights
- IV. UN Human Rights Committee
- V. International Criminal Tribunals
- Model Petition
- Inter-American Commission Complaint Form
- Troubleshooting Checklist for Treaty-Based Tribunals
- Case Flow Chart: ECHR Article Nos. 25 and 46, and Protocol No.9
- Case Flow Chart: ECHR Protocol No. 11
- Case Flow Chart under American Declaration and Convention
- Communications Flow Chart for ICCPR Optional Protocol (UN Human Rights Committee) and Afr.C.H.P.R. Art. 55 (African Commission on Human & Peoples' Rights)
- Flow Chart of Proceedings for International Criminal Tribunal for Yugoslavia
- Back Cover
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