Cambridge Handbook of New Human Rights (eBook, PDF)

Recognition, Novelty, Rhetoric
Redaktion: Arnauld, Andreas Von

• Format: PDF

Produktbeschreibung

The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.

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Produktdetails

• Verlag: Cambridge University Press
• Erscheinungstermin: 2. Januar 2020
• Englisch
• ISBN-13: 9781108753128
• Artikelnr.: 66180877

Inhaltsangabe

Introduction; Part I. Cross-Cutting Observations: 1. Recognition of new
human rights: phases, techniques and the approach of 'differentiated
traditionalism'; 2. Novelty in new human rights: the decrease in
universality and abstractness thesis; 3. Rhetoric of rights: a topical
perspective on the functions of claiming a 'human right to ...'; Part II.
Public Good Rights: 4. Access to water as a new right in international,
regional and comparative constitutional law; 5. Comment: something old,
something new, something borrowed and something blue: lessons to be learned
from the oldest of the 'new' rights - the human right to water; 6. The
human right to adequate housing and the new human right to land: congruent
entitlements; 7. Comment: the human right to land: 'new right' or 'old wine
in a new bottle'?; 8. The right to health under the ICESCR - existing
scope, new challenges, and how to deal with it; 9. Comment: strong new
branches to the trunk - realizing the right to health decentrally; 10. The
human right to a clean environment and rights of nature: between advocacy
and reality; 11. Comment: the right to environment: a new, internationally
recognized, human right; Part III. Status Rights: 12. The Inter-American
Convention on Protecting the Human Rights of Older Persons; 13. Comment:
the status of the human rights of older persons; 14. Gender recognition as
a human right; 15. Comment: pre-existing rights and future articulations:
temporal rhetoric in the struggle for trans rights; 16. The rights of
indigenous people - everything old is new again; 17. Comment: the evolution
and revolution of indigenous rights; 18. Animal rights; 19. Comment:
sentience, form and breath: law's life with animals; Part IV. New
Technology Rights: 20. Right to internet access: Quid Iuris?; 21. Comment:
the case for the right to meaningful access to internet as a human right in
international law; 22. The right to be forgotten; 23. Comment: the RTBF
2.0; 24. The fruits of someone else's labor: gestational surrogacy and
rights in the twenty-first century; 25. Comment: birthing new human rights
- reflections around a hypothetical human right of access to gestational
surrogacy; 26. The relevance of human rights for dealing with the
challenges posed by genetics; 27. Comment: the challenge of genetics: human
rights on the molecular level?; Part V. Autonomy and Integrity Rights: 28.
The right to bodily integrity; 29. Comment: from bodily rights to personal
rights; 30. The nascent right to psychological integrity and mental
self-determination; 31. Comment: critical reflections on the need for a
right to mental self-determination; 32. Rights related to enforced
disappearance: new rights in the International Convention for the
Protection of All Persons from Enforced Disappearance; 33. Comment: the
emergence of the right not to be forcibly disappeared: some comments; 34.
The emergent human right to consular notification, access and assistance;
35. Comment from a human right to invoke consular assistance in the host
state to a human right to claim diplomatic protection from one's state of
nationality?; Part VI. Governance Rights: 36. Remnants of a constitutional
moment: the right to democracy in international law; 37. Comment: the human
right to democracy in international law: coming to moral terms with an
equivocal legal practice; 38. A right to administrative justice - 'new' or
just repackaging the old?; 39. Comment: the African right to administrative
justice versus the European Union's right to good administration: new human
rights?; 40. Anti-corruption: recaptured and reframed; 41. Comment: towards
a human rights approach to corruption; 42. Bentham Redux: examining a right
of access to law; 43. Comment: a right of access to law - or rather a right
of legality and legal aid?