Moving towards a Right to Land: The Committee on Economic, Social and Cultural Rights’ Treatment of Land Rights as Human Rights PDF Download
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Author: Lucy Claridge
Publisher: Minority Rights Group
ISBN: 1907919694
Category : Social Science
Languages : en
Pages : 28
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Book Description
In many countries, land rights and security of tenure constitute the basis for access to food, livelihoods, housing and development for a large percentage of the population. Without access to land, many people find themselves in a situation of great economic insecurity.Access, redistribution and guarantee of land rights are also crucial issues in post-conflict situations where old grievances need to be addressed and the risk of planting new seeds of conflict avoided. However, socially just and inclusive land rights can play a catalytic role in economic growth, development and poverty alleviation.Land is in many cases necessary for the realization of other economic, social and cultural rights. Throughout the last few years, the UN Committee on Economic, Social and Cultural Rights (CESCR) has adopted a number of statements highlighting the need to respect land rights, explicitly referencing them in relation to other areas such as housing, forced evictions, food, water, health and cultural life. Nevertheless, despite the focus on land rights from CESCR and other UN human rights institutions, there is still no clear and comprehensive statement on the fundamental importance and the content of the right to land. At present, land rights are still viewed as part of the realization of other fundamental rights, such as the right to food or the right to water.It is now time for the right to land to be recognized by governments as a stand-alone human rights issue. To support such an effort, this report provides a synthesis of the already substantial guidance on human rights and land issues elaborated by the CESCR and other UN bodies, focusing on thematic issues such as water, health and housing that have been identified as related to and impacting on land rights, as well as those groups requiring special attentions, such as minorities, indigenous peoples, women, children, IDPs and refugees.
Author: Lucy Claridge
Publisher: Minority Rights Group
ISBN: 1907919694
Category : Social Science
Languages : en
Pages : 28
Get Book Here
Book Description
In many countries, land rights and security of tenure constitute the basis for access to food, livelihoods, housing and development for a large percentage of the population. Without access to land, many people find themselves in a situation of great economic insecurity.Access, redistribution and guarantee of land rights are also crucial issues in post-conflict situations where old grievances need to be addressed and the risk of planting new seeds of conflict avoided. However, socially just and inclusive land rights can play a catalytic role in economic growth, development and poverty alleviation.Land is in many cases necessary for the realization of other economic, social and cultural rights. Throughout the last few years, the UN Committee on Economic, Social and Cultural Rights (CESCR) has adopted a number of statements highlighting the need to respect land rights, explicitly referencing them in relation to other areas such as housing, forced evictions, food, water, health and cultural life. Nevertheless, despite the focus on land rights from CESCR and other UN human rights institutions, there is still no clear and comprehensive statement on the fundamental importance and the content of the right to land. At present, land rights are still viewed as part of the realization of other fundamental rights, such as the right to food or the right to water.It is now time for the right to land to be recognized by governments as a stand-alone human rights issue. To support such an effort, this report provides a synthesis of the already substantial guidance on human rights and land issues elaborated by the CESCR and other UN bodies, focusing on thematic issues such as water, health and housing that have been identified as related to and impacting on land rights, as well as those groups requiring special attentions, such as minorities, indigenous peoples, women, children, IDPs and refugees.
Author: Andreas von Arnauld
Publisher: Cambridge University Press
ISBN: 1108751172
Category : Political Science
Languages : en
Pages : 954
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Book Description
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.
Author: José E. Alvarez
Publisher: Oxford University Press
ISBN: 0197751873
Category : Law
Languages : en
Pages : 433
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Book Description
For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.
Author: Mohammad Shahabuddin
Publisher: Cambridge University Press
ISBN: 1108483674
Category : Law
Languages : en
Pages : 379
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Book Description
A critical analysis of how international law operates in the ideology of the postcolonial state to marginalise minority groups.
Author: J. Jarpa Dawuni
Publisher: Rowman & Littlefield
ISBN: 1793632685
Category : Political Science
Languages : en
Pages : 441
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Book Description
Intersectionality and Women's Access to Justice, edited by J. Jarpa Dawuni, propounds layered intersectionality as a paradigm for examining how gendered factors affect women's access to justice, whether as judges or litigants. Through intersectional and decolonial frameworks, the contributors analyze the lived experiences of women and their access to justice by situating the courtroom as both a spatial and a temporal arena for seeking justice (as litigants) and for seeking access to the bench (as judges). This book examines patterns of mutually reinforcing discriminatory practices that women share based on common gender identities and depending on which identities are at play at a given point in time in both traditional and statutory courts. The book provides recommendations for various justice sector providers.
Author: Joseph Marko
Publisher: Routledge
ISBN: 1134830432
Category : Political Science
Languages : en
Pages : 622
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Book Description
Human and Minority Rights Protection by Multiple Diversity Governance provides a comprehensive overview and critical analysis of minority protection through national constitutional law and international law in Europe. Using a critical theoretical and methodological approach, this textbook: provides a historical analysis of state formation and nation building in Europe with context of religious wars and political revolutions, including the (re-)conceptualisation of basic concepts and terms such as territoriality, sovereignty, state, nation and citizenship; deconstructs all primordial theories of ethnicity and provides a sociologically informed political theory for how to reconcile the functional prerequisites for political unity, legal equality and social cohesion with the preservation of cultural diversity; examines the liberal and nationalist ideological framing of minority protection in liberal-democratic regimes, including the case law of the European Court of Human Rights and the European Court of Justice; analyses the ongoing trend of re-nationalisation in all parts of Europe and the number of legal instruments and mechanisms from voting rights to proportional representation in state bodies, forms of cultural and territorial autonomy and federalism. This textbook will be essential reading for students, scholars and practitioners interested in European politics, human and minority rights, constitutional and international law, governance and nationalism. The Open Access version of this book, available at http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution (CC-BY) 4.0 license.
Author: Andrea Mensi
Publisher: BRILL
ISBN: 9004523995
Category : Law
Languages : en
Pages : 347
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Book Description
This work aims to be the definitive exploration of the possibility to conceptualize permanent sovereignty over natural resources vested in indigenous peoples rather than in States under international law.
Author: Lucy Claridge
Publisher:
ISBN:
Category : Land tenure
Languages : en
Pages : 25
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Book Description
"In many countries, land rights and security of tenure constitute the basis for access to food, livelihoods, housing and development for a large percentage of the population. Without access to land, many people find themselves in a situation of great economic insecurity. Access, redistribution and guarantee of land rights are also crucial issues in post-conflict situations where old grievances need to be addressed and the risk of planting new seeds of conflict avoided. However, socially just and inclusive land rights can play a catalytic role in economic growth, development and poverty alleviation. Land is in many cases necessary for the realization of other economic, social and cultural rights. Throughout the last few years, the UN Committee on Economic, Social and Cultural Rights (CESCR) has adopted a number of statements highlighting the need to respect land rights, explicitly referencing them in relation to other areas such as housing, forced evictions, food, water, health and cultural life. Nevertheless, despite the focus on land rights from CESCR and other UN human rights institutions, there is still no clear and comprehensive statement on the fundamental importance and the content of the right to land. At present, land rights are still viewed as part of the realization of other fundamental rights, such as the right to food or the right to water"--Publisher's web site.
Author: Suzanne Egan
Publisher: Bloomsbury Professional
ISBN: 9781847661098
Category : Law
Languages : en
Pages : 550
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Book Description
The UN Human Rights Treaty System: Law and Procedure examines the core UN human rights treaties that form the framework of international human rights law. This book describes the development of each treaty, along with the substantive rights enshrined in them, and analyses the nature and functions of their respective monitoring bodies. Topics discussed include periodic reporting procedures, investigative procedures and individual complaint procedures, with supporting case law analysed in great detail. This practical and indispensable reference resource: - Guides you through the structure of each of the core UN human rights treaties, explaining both the substance of the rights and the various procedures which may be drawn upon to implement those rights - Explains in detail how each of these procedures may be accessed, as well as critiquing their operation in practice - Covers a wide number of areas including civil and political rights generally, racial and gender-based discrimination and the prohibition against torture - Discusses proposals for reform of the UN human rights treaty monitoring system and the implications of these reforms The UN Human Rights Treaty System: Law and Procedure has been written for practitioners and students of human rights law in the UK, Ireland and abroad. Government bodies, non-governmental organisations, national human rights institutions and charities will also find this a great resource.
Author: John P. Pace
Publisher: Oxford University Press
ISBN: 0192608231
Category : Law
Languages : en
Pages : 1015
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Book Description
In this book, John P. Pace provides the most complete account to-date of the United Nations human rights programme, both in substance and in chronological breadth. Pace worked at the heart of this programme for over thirty years, including as the Secretary of the Commission on Human Rights, and Coordinator of the World Conference on Human Rights, which took place in Vienna in 1993. He traces the issues taken up by the Commission after its launch in 1946, and the methods undertaken to enhance absorption and domestication of international human rights standards. He lays out the special procedures carried out by the UN, and the emergence of international human rights law. The book then turns to the establishment of the Office of the High Commissioner for Human Rights and the mainstreaming of human rights across the United Nations system, eventually leading to the establishment of the Human Rights Council to replace the Commission in 2006. Many of the problems we face today, including conflict, poverty, and environmental issues, have their roots in human rights problems. This book identifies what has been done at the international level in the past, and points towards what still needs to be done for the future.
