We live in an era of proliferating international legal domains and institutions, not least in the human rights field. For some, normative pluralism within human rights is inevitable, and even desirable. Others view it as a threat to the integrity and coherence of international human rights protection. How far do human rights standards and their interpretation by different regional and international human rights systems diverge? To what extent do human rights bodies ‘borrow’ from or influence each other in respect of their case law, practices and procedures? Is global human rights protection fragmenting or heading towards greater coherence? This edited collection addresses these questions through the insights of leading scholars and jurists with first-hand experience of human rights adjudication and litigation.
Carla M. Buckley is a Research Fellow at the Human Rights Law Centre, University of Nottingham, and Associate Editor of the
Human Rights Law Review. She is co-author (with David Harris, Michael O'Boyle and Ed Bates) of
Harris, O’Boyle & Warbrick: Law of the European Convention on Human Rights (3rd ed, Oxford University Press, 2014).
Alice Donald, Ph.D., is Senior Lecturer in the Department of Law and Politics at Middlesex University. Her current research focuses on the implementation of human rights judgments. She is co-author (with Philip Leach) of
Parliaments and the European Court of Human Rights (Oxford University Press, 2016).
Philip Leach is Professor of Human Rights Law at Middlesex University and Director of the European Human Rights Advocacy Centre (EHRAC). He researches and publishes widely in the field of international human rights law.
Table of contents
Preface: International Tribunals and the Pursuance of Jurisprudential Harmonisation in their Common Mission of Realisation of Justice
Judge Antônio Cançado Trindade;
Contributors; Abbreviations; List of instruments; Introduction
PART I - RIGHTS
1. The Duty to Investigate Right to Life Violations across Three Regional Systems: Harmonisation or Fragmentation of International Human Rights Law?
Philip Leach, Rachel Murray and Clara Sandoval;
2. The Death Penalty as Addressed by Regional and International Human Rights Bodies: Exploring Jurisprudential Cross-Fertilisation and Harmonisation
3. International Trends in the Recognition of Abortion Rights
4. The European Court of Human Rights’ Recourse to External Legal Materials When Interpreting and Applying the Right to Private Life
5. Minority Sexual Orientation as a Challenge to the Harmonised Interpretation of International Human Rights Law
6. Concepts of Substantive Gender Equality: Looking for Coherence among the Regional and International Perspectives
7. Judges of the World, United? Collective Aspects of the Right to Work in Regional Human Rights Systems
8. The Influence of International Human Rights Law on the Right to Health Jurisprudence of the European Region
9. Is the International Convention on the Elimination of All Forms of Racial Discrimination the De Facto Minority Rights Treaty?
David Keane and Joshua Castellino;
10. Children’s Rights under Regional Human Rights Law: A Tale of Harmonisation?
Aoife Nolan and Ursula Kilkelly;
PART II - THEMES
11. Affording States a Margin of Appreciation: Comparing the European Court of Human Rights and the Inter-American Court of Human Rights
12. Human Rights Bodies and International Humanitarian Law: Common but Differentiated Approaches
Larissa van den Herik and Helen Duffy;
13. The Use Made by the Organs of the European Convention on Human Rights of Reference to the Views of Other Human Rights Bodies in Addressing the Scope of the Extraterritorial Applicability of the Convention
Françoise J. Hampson;
14. State Obligations with Regard to the Extraterritorial Activities of Companies Domiciled on their Territories
15. Inherent and Implied Powers of Regional Human Rights Tribunals
PART III – SYSTEMS
16. International Human Rights Law: Towards Pluralism or Harmony? The Opportunities and Challenges of Coexistence: The View from the UN Treaty Bodies
17. Co-Existence and Confidentiality: The Experience of the Optional Protocol to the Convention against Torture
Malcolm D. Evans;
18. Human Rights through the Backdoor: The Contribution of Special Procedures to the Normative Coherence and Contradictions of International Human Rights Law
19. A European Respect for the Opinions of Mankind?
Appendix 1 Harmonising the Jurisprudence of Regional and International Human Rights Bodies: A Literature Review;
Students, academics, legal practitioners, and non-governmental organisations with an interest in international law, legal theory and international relations, especially in the human rights field.