The Fundamentals of International Human Rights Treaty Law


This book has a simple objective: to present the fundamentals of international human rights treaty law in a way that can be helpful to the national leader, official, or legal adviser whose duty it is to help put a human rights treaty regime into the law and practice in his or her country. It is a book of international law, as provided for in the principal international and regional human rights treaties and draws upon the jurisprudence and practice of their monitoring organs. Chapter I discusses the nature and characteristics of international human rights law. Chapter II discusses the concept of a national protection system which must be in place if a human rights treaty is to be adequately implemented. Chapter III discusses the jurisprudence and practice of treaty bodies on the foundation issues of democracy and the rule of law. Chapter IV discusses human rights in times of crises and emergencies. Chapter V discusses preventive strategies. Chapter VI discusses the duty of Governments to respect, to protect and to ensure human rights. Chapter VII discusses the duty of Governments to provide redress for violations that might take place. Chapter VIII discusses the essence of supervision in reporting systems. Chapter IX discusses the essence of petitions and fact-finding procedures. Chapter X concludes with a discussion of the bedrock principles of universality, equality and justice as they emerge from the jurisprudence and practice of human rights treaty bodies.
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Biographical Note

Dr. Bertrand G. Ramcharan Ll.M (LSE), Ph.D. (LSE), Barrister-at-Law (Lincoln’s Inn), Distinguished Fellow, Human Rights Law Centre, University of Nottingham. Previously: First Swiss Chair of Human Rights, Geneva Graduate Institute of International and Development Studies; Chancellor of the University of Guyana and UN High Commissioner for Human Rights a.i.

Table of contents

Foreword J.Th. Möller
Chapter One: The Nature and Characteristics of International Human Rights Treaty Law
Chapter Two: The Requirement of a National Protection System
Chapter Three: Democracy and the Rule of Law
Chapter Four: Human Rights in Times of Crises or Emergencies
Chapter Five: Preventive Strategies: Obligations to Prevent under International Human Rights Treaties and Jurisprudence
Chapter Six: The Duty to Respect, Protect and Ensure
Chapter Seven: The Duty to Provide Redress
Chapter Eight: The Essence of Supervision in Reporting Systems
Chapter Nine: The Essence of Petitions and Fact-finding Procedures
Chapter Ten: Universality, Equality and Justice
Appendix I General Comment No. 31 of the Human Rights Committee
Appendix II General Comment No. 33 of the Human Rights Committee
Appendix III The Limburg Principles on the Implementation of the International Covenant on Economic, Social and Cultural Rights
Appendix IV The Siracusa Principles
Appendix V The Council of Europe and the Rule of Law
Bibliography; Index.

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