Human Rights Tectonics: Global Dynamics of Integration and Fragmentation

doi:10.1017/9781780688060

Human Rights Tectonics: Global Dynamics of Integration and Fragmentation is a collaborative effort of internationally renowned human rights experts to analyse the effectiveness of legal protection in a highly fragmented and multi-layered human rights system.Bringing together international, European and national perspectives and focusing on select subject areas such as non-discrimination, accommodation of cultural identity and socio-economic rights, the book examines the difficulties faced by human rights lawyers in their day-to-day work. Through the implementation of a methodology applying both theoretical inquiry and case study examples, the book analyses the impact of the fragmentation of international and regional human rights and how this can cause failures in effective legal protection or, on certain occasions, strengthen it. The imagery of plate tectonics aims to portray the extent to which human rights law is in perpetual construction and constant renewal with lines of convergence and divergence. Entangled into battles, shocks, jolts or clashes, human rights find themselves today ‘on trial’. Against this backdrop, the book addresses the case for an increased integration of human rights law, comprehensively and critically, with a focus on concrete and contemporary issues.Emmanuelle Bribosia and Isabelle Rorive are law professors at the Université libre de Bruxelles (ULB). They are Director of the Center for European Lawand Director of the Centre Perelman for Legal Philosophy respectively. They co-founded the Equality Law Clinic.

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Contents

Frontmatter
pp i-iv
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Foreword
pp v-vi
- By Eva Brems, Professor in the Law Faculty and Founder of the Human Rights Centre at Ghent University, Belgium; Activist on the board of several Belgian human rights NGOs
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Contents
pp vii-x
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List of Cases
pp xi-xx
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List of Contributors
pp xxi-xxii
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Introduction to Human Rights Tectonics
pp xxiii-xxxvi
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PART I - PROMISES AND CHALLENGES OF AN INTEGRATED APPROACH TO HUMAN RIGHTS
pp 1-2
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The Formation of a Common Law of Human Rights
pp 3-40
- By Olivier De Schutter, Professor of Human Rights Law and Legal Theory at the University of Louvain, Belgium; Member of the UN Committee on Economic, Social and Cultural Rights
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UN Special Procedures: System Puppets or User's Saviours?
pp 41-68
- By Rhona KM Smith, Head of Law and Professor of International Human Rights at Newcastle University, United Kingdom
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The African Court on Human and Peoples’ Rights: A Uniquely Equipped Testbed for (the Limits of) Human Rights Integration?
pp 69-88
- By Adamantia Rachovitsa, Assistant Professor of Public International Law at the University of Groningen, the Netherlands
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The Role of Non-Judicial Bodies in Human Rights Implementation
pp 89-108
- By Lorenza Violini, Professor of Constitutional Law and Director of the Department of National and Supranational Public Law at the University of Milan, Italy
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PART II - HUMAN RIGHTS TECTONICS THROUGH AN ISSUE-BASED APPROACH
pp 109-110
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Why a Global Approach to Non-Discrimination Law Matters: Struggling with the ‘Conscience’ of Companies
pp 111-140
- By Emmanuelle Bribosia, Professor in the Law Faculty, co-founder of the Equality Law Clinic and Director of the Centre for European Law at the Universit é libre de Bruxelles (ULB), Belgium, Isabelle Rorive, Professor in the Law Faculty, co-founder of the Equality Law Clinic and Director of the Perelman Centre for Legal Philosophy at the Universit é libre de Bruxelles (ULB), Belgium
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Sexual and Reproductive Rights at the Crossroads: Intersectionality and the UN Treaty Monitoring Bodies
pp 141-162
- By Joanna Bourke Martignoni, Senior Researcher at the Geneva Academy of International Humanitarian Law and Human Rights, Switzerland; Lecturer in Human Rights at the University of Fribourg, Switzerland
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The Integration of Cultural and Economic Rights by Regional Human Rights Courts
pp 163-192
- By Valeska David, PhD Researcher at Ghent University, Belgium
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The Use of External Instruments by the European Court of Human Rights: (Missed) Opportunities for the Rights of Persons with Disabilities
pp 193-222
- By Dorothea Staes, Affiliated Researcher at the Universit é libre de Bruxelles (ULB), Belgium; Perelman Centre for Legal Philosophy at the ULB, Joseph Damamme, PhD candidate in the Centre for European Law at the Universit é libre de Bruxelles (ULB), Belgium; involved in the Equality Law Clinic at the ULB
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PART III - HUMAN RIGHTS DYNAMICS IN EUROPE
pp 223-224
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The European Union in the International System of Human Rights Protection: Solo Singer or Voice in the Choir?
pp 225-242
- By Bruno De Witte, Professor of European Law at Maastricht University, the Netherlands; Co-director of the Maastricht Centre for European Law; Part-time Professor of Law at the European University Institute, Florence, Italy
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Opinion 2/13 as a Game Changer in the Dialogue between the European Courts?
pp 243-270
- By Jasper Krommendijk, Assistant Professor of European Law at Radboud University, Nijmegen, the Netherlands
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Sharing of the Burden of Proof in Cases on Racial Discrimination: Concepts, General Trends and Challenges before the ECtHR
pp 271-302
- By Kristin Henrard, Professor of Human Rights, focusing on vulnerable groups, including minorities, at the Erasmus School of Law, Rotterdam, the Netherlands
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Rethinking the Two Margins of Appreciation
pp 303-330
- By Oddný Mjöll Arnardóttir, Judge at the Icelandic Court of Appeal; Research Professor at the University of Iceland
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About the Editors
pp 331-331
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Human Rights Tectonics

Global Dynamics of Integration and Fragmentation

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Contents

Frontmatter
pp i-iv

Foreword
pp v-vi

Contents
pp vii-x

List of Cases
pp xi-xx

List of Contributors
pp xxi-xxii

Introduction to Human Rights Tectonics
pp xxiii-xxxvi

PART I - PROMISES AND CHALLENGES OF AN INTEGRATED APPROACH TO HUMAN RIGHTS
pp 1-2

The Formation of a Common Law of Human Rights
pp 3-40

UN Special Procedures: System Puppets or User's Saviours?
pp 41-68

The African Court on Human and Peoples’ Rights: A Uniquely Equipped Testbed for (the Limits of) Human Rights Integration?
pp 69-88

The Role of Non-Judicial Bodies in Human Rights Implementation
pp 89-108

PART II - HUMAN RIGHTS TECTONICS THROUGH AN ISSUE-BASED APPROACH
pp 109-110

Why a Global Approach to Non-Discrimination Law Matters: Struggling with the ‘Conscience’ of Companies
pp 111-140

Sexual and Reproductive Rights at the Crossroads: Intersectionality and the UN Treaty Monitoring Bodies
pp 141-162

The Integration of Cultural and Economic Rights by Regional Human Rights Courts
pp 163-192

The Use of External Instruments by the European Court of Human Rights: (Missed) Opportunities for the Rights of Persons with Disabilities
pp 193-222

PART III - HUMAN RIGHTS DYNAMICS IN EUROPE
pp 223-224

The European Union in the International System of Human Rights Protection: Solo Singer or Voice in the Choir?
pp 225-242

Opinion 2/13 as a Game Changer in the Dialogue between the European Courts?
pp 243-270

Sharing of the Burden of Proof in Cases on Racial Discrimination: Concepts, General Trends and Challenges before the ECtHR
pp 271-302

Rethinking the Two Margins of Appreciation
pp 303-330

About the Editors
pp 331-331

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Global Dynamics of Integration and Fragmentation

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