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The Right not to Be Subjected to Enforced Disappearance

Author : Ioanna Pervou
Publisher : Springer Nature
Page : 222 pages
File Size : 43,28 MB
Release : 2023-09-25
Category : Law
ISBN : 3031367316

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This book offers a distinctive approach to the right not to be subjected to enforced disappearance. Over the last decade, the entry into force of the UN Convention for the Protection of All Persons from Enforced Disappearance has brought to the forefront of legal discussion the need to effectively address the practice of disappearance. Yet, there are still obstacles to combatting it, which are in part due to a limited understanding of the right’s underlying concept, content and scope. This book examines the phenomenon and definition of enforced disappearance and sheds new light on the right against disappearance. Presenting a doctrinal appraisal of the norm’s legal value, it suggests that the right against enforced disappearance holds a customary value, while also arguing that it has since attained a jus cogens status. Lastly, it examines in detail the rights to truth and reparation and how regional and national courts have interpreted these norms. It assesses the UN Convention’s dynamics and considers whether the lack of a right against disappearance embedded in regional human rights systems affects individuals’ protection. The book provides an overview of key jurisprudence on disappearances, making it of benefit to both practitioners and theorists of international law.

The Struggle against Enforced Disappearance and the 2007 United Nations Convention

Author : Tullio Scovazzi
Publisher : BRILL
Page : 452 pages
File Size : 31,67 MB
Release : 2007-08-31
Category : Law
ISBN : 9047430778

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Enforced disappearance is one of the most serious human rights violations. It constitutes an autonomous offence and a crime under international law on account of its multiple and continuing character. It is not a phenomenon of the past, nor is it geographically limited to Latin America: such scourge is widespread today and on the increase in other continents. For more than twenty-five years, relatives of disappeared people worldwide have insisted on the pressing need for an international legally binding instrument against enforced disappearances. 2006 is the year of the adoption of the International Convention on the Protection of All Persons from Enforced Disappearances, which represents the result of several legislative and jurisprudential developments that are duly analyzed in this book. The Convention has been opened for signature in February 2007.

International Law of Victims

Author : Carlos Fernández de Casadevante Romani
Publisher : Springer Science & Business Media
Page : 279 pages
File Size : 38,40 MB
Release : 2012-07-11
Category : Law
ISBN : 3642281400

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After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states’ obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.

Enforced Disappearance in International Law

Author : Lisa Ott
Publisher :
Page : 0 pages
File Size : 23,17 MB
Release : 2011
Category : Criminal jurisdiction
ISBN : 9781780680040

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Originally presented as the author's thesis (doctoral)--University of Lucerne, 2010.

Mexico's Disappeared

Author : Nik Steinberg
Publisher :
Page : 176 pages
File Size : 39,41 MB
Release : 2013
Category : Disappeared persons
ISBN : 9781564329875

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"This 176-page report documents nearly 250 "disappearances" during the administration of former President Felipe Calderón, from December 2006 to December 2012. In 149 of those cases, Human Rights Watch found compelling evidence of enforced disappearances, involving the participation of state agents."--Publisher's website.

State Crime in the Global Age

Author : William J. Chambliss
Publisher : Routledge
Page : 317 pages
File Size : 23,43 MB
Release : 2013-05-13
Category : Social Science
ISBN : 1134025629

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State Crime in the Global Age brings together original writings from leading scholars in the field to explore the many ways that the use and abuse of state power results in grave social harms that outweigh, by far, the consequences of ordinary street crime. The topics covered include the crimes of empire, illegal war, the bombing of civilians, state sanctioned torture, state sacrifice of human lives, and judicial wrongdoing. The book breaks new ground through its examination of the ways globalization has intensified potentials for state crime, as well as bringing novel theoretical understandings of the state to the study of state crime, and exploring strategies for confronting state crime. This book, while containing much that is of interest to scholars of state crime, is designed to be accessible to students and others who are concerned with the ways individuals, social groups, and whole nations are victimized by the misuse of state power.

Human Rights In The Administration Of Justice

Author : United Nations. Office of the High Commissioner for Human Rights
Publisher : New York and Geneva : United Nations
Page : 885 pages
File Size : 18,35 MB
Release : 2003-12-01
Category : Political Science
ISBN : 9789211541410

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Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.