Human Rights: Between Idealism and RealismHuman Rights between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyzes the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. The volume then moves on to analyze of the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavors to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights. |
Contents
Tables of Legislation | xxvii |
Abbreviations | xlvii |
1 Introduction | 1 |
2 History of Human Rights | 7 |
From Human Rights to Good Governance | 25 |
4 Universality of Human Rights | 69 |
5 Implementation at National Level | 97 |
6 The Work of Political Bodies of International Organizations | 133 |
Complaint Procedures and Factfinding | 193 |
9 Supervision by International Tribunals | 231 |
10 Enforcement by States and the Role of NonGovernmental Organizations | 265 |
Humanitarian Law | 291 |
12 Criminal Prosecution of Human Rights Violations | 321 |
13 ReparationCivil Claims against Human Rights Violators | 355 |
14 Time for Hope or Time for Despair? | 387 |
391 | |
Other editions - View all
Collected Courses of the Academy of European Law Antônio Augusto Cançado Trindade No preview available - 1991 |
Common terms and phrases
according action activities adopted Application Article Assembly authorities become bodies breach CCPR Charter civil claim clear Commission committed Committee concept concerned concluded Consequently Constitution Convention Court Covenant crimes criminal December decision domestic duties ECHR economic ECtHR effect established European examination exist fact first force freedom given hand HRCee human rights humanitarian law individual instances institutions international law issue Italy judgment July June jurisdiction March means measures November obligations observations October ofhuman ofinternational ofthe ofthe HRCee organizations para particular parties peace persons political position practice present principle procedure proceedings protection Protocol reason regard regime relevant remains remedy Report Report ofthe Resolution respect responsibility rules Security Council situation social specific Statute taken territory tion treaties tribunals United Nations universal victims violations World