Dignity and International Human Rights Law

Dignity and International Human Rights Law

The Punta del Este Declaration, and this book dedicated to elaborating upon it, is devoted to exploring the ways that human dignity for everyone everywhere can be a useful tool in helping to address the challenges and strains facing human ...

Author: Brett G. Scharffs

Publisher: Routledge

ISBN: 1032074582

Category: Punta del Este Declaration on Human Dignity for Everyone Everywhere

Page: 200

View: 401

The Punta del Este Declaration, and this book devoted to elaborating upon it, is devoted to exploring the ways that human dignity for everyone everywhere can be a useful tool in helping to address the challenges and strains facing human rights in the world today. In 2018, an initiative was instigated to revitalize the human rights project by way of engaging the notion of human dignity. This resulted in the Punta Del Este Declaration on Human Dignity for Everyone Everywhere (Punta Del Este Declaration), a declaration co-authored by over 30 human rights experts from all over the world. The Punta Del Este Declaration simplifies and brings coherence to the concept of human dignity into 10 brief statements that would capture the many dimensions and aspects of human dignity and the practical ways that human dignity is useful in the promotion of human rights. This book provides an overview of how the notion of human dignity has been used to strengthen human rights. It discusses how human dignity plays many different roles in human rights discourse and has the force to revitalize the human rights project; it is the foundational principle upon which the human rights project is built. But it is also the telos, or end goal, of human rights. At the same time, it is an important evaluative mechanism for assessing how well a country is doing in the implementation of human rights. The book will be a valuable resource for all those working in the areas of International Human Rights Law, Legal Philosophy and Law and Religion.
Categories: Punta del Este Declaration on Human Dignity for Everyone Everywhere

Human Dignity in International Law

Human Dignity in International Law

A theoretical, historical and juridical exegesis of human dignity in international law over two centuries.

Author: Ginevra Le Moli

Publisher: Cambridge University Press

ISBN: 9781316517628

Category: Law

Page: 433

View: 412

A theoretical, historical and juridical exegesis of human dignity in international law over two centuries.
Categories: Law

Human Dignity and International Law

Human Dignity and International Law

This book reflects on how the concept of human dignity, a central and classical concept in public international law, is used to protect the rights of particularly vulnerable sectors of contemporary society.

Author: Andrea Gattini

Publisher: BRILL

ISBN: 9789004435650

Category: Law

Page: 232

View: 943

This book reflects on how the concept of human dignity, a central and classical concept in public international law, is used to protect the rights of particularly vulnerable sectors of contemporary society.
Categories: Law

Making Human Dignity Central to International Human Rights Law

Making Human Dignity Central to International Human Rights Law

PART I Theorizing the relationship between human dignity and international human rights law 2 Dignity's Contentious History Human Dignity: Origins and Orientation Different PARTI: Theorizing the relationship between human dignity ...

Author: Matthew McManus

Publisher: University of Wales Press

ISBN: 9781786834669

Category: Law

Page: 272

View: 311

In recent years, there has been an explosion of writing on the topic of human dignity across a plethora of different academic disciplines. Despite this explosion of interest, there is one group – critical legal scholars – that has devoted little if any attention to human dignity. This book argues that these scholars should attend to human dignity, a concept rich enough to support a whole range of progressive ambitions, particularly in the field of international law. It synthesizes certain liberal arguments about the good of self-authorship with the critical legal philosophy of Roberto Unger and the capabilities approach to agency of Amartya Sen, to formulate a unique conception of human dignity. The author argues how human dignity flows from an individual’s capacity for self-authorship as defined by the set of expressive capabilities s/he possesses, and the book demonstrates how this conception can enrich our understanding of international human rights law by making the amplification of human dignity its fundamental orientation.
Categories: Law

The Oxford Handbook of International Human Rights Law

The Oxford Handbook of International Human Rights Law

Part of the difficulty of delineating, and reaching greater consensus on, the meaning and implications of human dignity in international human rights law is that the idea refers to both a foundational premise of human rights and also to ...

Author: Dinah Shelton

Publisher: Oxford University Press

ISBN: 9780199640133

Category: Law

Page: 1077

View: 815

The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.
Categories: Law

Human Rights and World Public Order

Human Rights and World Public Order

Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human ...

Author: Myres S. McDougal

Publisher: Oxford University Press

ISBN: 9780190882655

Category: Law

Page: 800

View: 424

In 1980, Professors McDougal, Lasswell, and Chen published the original edition of Human Rights and World Public Order to present a "comprehensive framework of inquiry" from which to approach international human rights law, and international law, and inadequacies therein in the discourse of that time by combining theme, structure, method, and process. As a classic text of the New Haven School of International Law, this book explores human rights and international law in the broadest sense, taking into account social sciences research while embracing all values secured, or consequently fulfilled, or needed to thus be achieved. The book endured as a lasting contribution that reframed human rights within the New Haven School tradition, and as a magnificent work of scholarship freed from the confines of positivism and the static concerns of any one political or historical period. Co-author Lung-chu Chen spearheaded the re-issuance of this venerable title, complete with a contemporary, fresh Introduction to unveil this work to a new generation of scholars, students, and practitioners of international law and human rights. This Introduction surveys the major developments in human rights since 1980, including many doctrines and concepts that have emerged since. It covers contemporary events to provide today's readers with the opportunity to contextualize the chapters and to apply the book's framework to future endeavors.
Categories: Law

Human Dignity

Human Dignity

The Concept of Human Dignity in Human Rights Discourse (The Hague: Kluwer Law International, 2002) 121;John O. McGinnis, 'The Limits of International Law in Protecting Dignity' (2003)27 Harvard Journal of Law and Public Policy 137; ...

Author: Aharon Barak

Publisher: Cambridge University Press

ISBN: 9781107090231

Category: Law

Page: 399

View: 661

"The concept of human dignity has a 2500 year history. As it moved through history, the concept was been influenced by different religions which held it as an important component of their theological approach. It was also influenced by the views of philosophers who developed human dignity in their contemplations. In the 20th century, the concept encountered a new phenomenon. The atrocities of the Second World War, and particularly the Holocaust of the Jewish people, brought human dignity into the forefront of legal discourse. As a result, constitutional and international legal texts began to adopt the concept, and jurists appeared alongside the theologians and the philosophers. Legal scholars were called upon to determine the theoretical basis of human dignity as a constitutional value and as a constitutional right. Judges were required to solve practical problems created by the constitutionalization of human dignity, as a value or as a right"--
Categories: Law

International Human Rights and Mental Disability Law

International Human Rights and Mental Disability Law

443).42 40 Compare Donnelly, 2008 (arguing that the right to autonomy must be contextualized with the right to dignity). On the relationship between dignity and international human rights in a mental disability law context, see Gostin, ...

Author: Michael L. Perlin

Publisher: Oxford University Press

ISBN: 9780195393231

Category: Law

Page: 352

View: 215

Examining the mistreatment of persons with mental disabilities around the world, Michael Perlin identifies universal factors that contaminate mental disability law, including lack of comprehensive legislation and of independent counsel; inadequate care; poor or nonexistent community programming; and inhumane forensic systems.
Categories: Law

Human Dignity and Law

Human Dignity and Law

rights. We should defend the former while being alert to the latter. International law rightly protects groups as such even ... that I think we should see as the basic point of interaction between human dignity and international law.

Author: Stephen Riley

Publisher: Routledge

ISBN: 9781351975247

Category: Law

Page: 216

View: 289

This book argues that human dignity and law stand in a privileged relationship with one another. Law must be understood as limited by the demands made by human dignity. Conversely, human dignity cannot be properly understood without clarifying its interaction with legal institutions and legal practices. This is not, then, a survey of the uses of human dignity in law; it is a rethinking of human dignity in relation to our principles of social governance. The result is a revisionist account of human dignity and law, one focused less on the use of human dignity in our regulations and more on its constitutive implications for the governance of the public realm. The first part conducts a wide-ranging moral, legal and political analysis of the nature and functions of human dignity. The second part applies that analysis to three fields of legal regulation: international law, transnational law, and domestic public law. The book will appeal to scholars in both philosophy and law. It will also be of interest to political theorists, particularly those working within the liberal tradition or those concerned with institutional design.
Categories: Law

Dignity Degrading Treatment and Torture in Human Rights Law

Dignity  Degrading Treatment and Torture in Human Rights Law

This book argues that the degrading treatment element of the right is a crucial site of analysis, in itself and for understanding the parameters of the right as a whole.

Author: Elaine Webster

Publisher: Routledge

ISBN: 9781317516002

Category: Law

Page: 149

View: 186

Although scholars have shown longstanding interest in the boundaries of interpretation of the right not to be subjected to torture and other prohibited harm, the existing body of work does not sufficiently reflect the significance of the interpretive scope of degrading treatment. This book argues that the degrading treatment element of the right is a crucial site of analysis, in itself and for understanding the parameters of the right as a whole. It addresses how, methodologically, the scope of meaning and application of the right not to be subjected to degrading treatment should best be identified and considers the implications thereof. It systematically examines the diverse aspects of degrading treatment’s scope, from foundations of legal interpretation to the drivers of humiliation. It draws on wide-ranging literature and extensive analysis of more than 1,500 judgments of the European Court of Human Rights, which has pioneered the right’s interpretive growth. The book aims to explore how the interpretive possibilities, and limits, of the right not to be subjected to degrading treatment turn upon the axes of human dignity and state responsibility, and aims to show how this right’s protection can be achieved as well as limited through processes of interpretation. Dignity, Degrading Treatment and Torture in Human Rights Law provides interpreters with analytical tools to advance the application of the right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment in international, regional and domestic human rights law. It will appeal to all who have an interest in understanding the right’s meaning, development, and potential scope of application, as well as those with an interest in methodologies of human rights interpretation.
Categories: Law