The Right not to Be Subjected to Enforced Disappearance PDF Download
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Author: Ioanna Pervou
Publisher: Springer Nature
ISBN: 3031367316
Category : Law
Languages : en
Pages : 222
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Book Description
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.
Author: Ioanna Pervou
Publisher: Springer Nature
ISBN: 3031367316
Category : Law
Languages : en
Pages : 222
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Book Description
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.
Author: Tullio Scovazzi
Publisher: BRILL
ISBN: 9047430778
Category : Law
Languages : en
Pages : 452
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Book Description
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.
Author:
Publisher:
ISBN:
Category : Civil rights
Languages : en
Pages : 32
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Book Description
Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 24
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Book Description
Author: Carlos Fernández de Casadevante Romani
Publisher: Springer Science & Business Media
ISBN: 3642281400
Category : Law
Languages : en
Pages : 279
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Book Description
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.
Author: United Nations. Department of Public Information
Publisher:
ISBN:
Category : Disappeared persons
Languages : en
Pages : 20
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Book Description
Author: Lisa Ott
Publisher:
ISBN: 9781780680040
Category : Criminal jurisdiction
Languages : en
Pages : 0
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Book Description
Originally presented as the author's thesis (doctoral)--University of Lucerne, 2010.
Author: William J. Chambliss
Publisher: Routledge
ISBN: 1134025629
Category : Social Science
Languages : en
Pages : 317
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Book Description
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.
Author: Nik Steinberg
Publisher:
ISBN: 9781564329875
Category : Disappeared persons
Languages : en
Pages : 176
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Book Description
"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.
Author: María Fernanda Pérez Solla
Publisher: McFarland
ISBN: 0786423250
Category : Social Science
Languages : en
Pages : 249
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Book Description
It was from Argentina, in the years 1976 to 1983, that the world heard the cries of the families of los desaparecidos, the disappeared--20,000 to 30,000 people made to vanish forever by official sleight of hand. In the years since, the scope and range of governmentally sanctioned kidnappings has spread exponentially, making enforced disappearances a truly global problem. This volume provides an in-depth legal investigation of involuntary disappearances as defined by national and international law. Beginning with a detailed discussion of what constitutes an enforced disappearance, it goes on to consider how various international organizations such as the United Nations view this problem. Using the Multiple Rights Approach, enforced disappearances are examined as a violation of internationally defined basic rights such as the right to personal freedom, the right to protection against torture and the right to a judicial remedy. Viewpoints of the Inter-American Court of Human Rights and the European System of Protection are scrutinized with special consideration regarding the international laws applicable to the problem. The availability (or lack thereof) of restitution and compensation for material damage, mental and physical anguish, and loss of opportunity is also addressed. Finally, the work considers the need for a comprehensive and coherent framework when dealing with enforced disappearances.
