International Human Rights Law
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Published By Oxford University Press

9780198843672, 9780191881992

Author(s):  
Rhona K. M. Smith

This chapter examines the right to self-determination in international human rights law. It traces the origins of this right and considers issues characterizing the current debate on the future of self-determination. The chapter suggests that while self-determination is acceptable for divesting States of colonial powers, problems can arise when groups that are not the sole occupants of a State territory choose to exercise self-determination. The right to self-determination may sit uneasily with respect for territorial integrity of States. Various forms of modern self-determination, including partial or full autonomy within States are emerging.


Author(s):  
Rhona K. M. Smith

This chapter examines the prohibition of torture and similar forms of punishment by international human rights law. Regional and international human rights bodies have developed specific instruments and monitoring systems designed to combat such practices. The chapter argues that exhaustive definitions of the components of the prohibition on torture would not help in abolishing the practice; there is a real risk that such a list would encourage ever more innovative and horrific examples of inhumanity.


Author(s):  
Rhona K. M. Smith

This chapter examines the right to work in international human rights law. It discusses the right to just and favourable conditions of work and remuneration, and the right to equal pay for equal work. The chapter highlights the role of the International Labour Organization in setting the standard for worker protection, and the contributions of the Social Charters of the Council of Europe in providing evidence of the change in such standards over the years.


Author(s):  
Rhona K. M. Smith

This chapter examines international human rights laws on the right to liberty. It first considers slavery, the most serious threat to an individual’s right to liberty, and then discusses the application of the general rights of liberty and security of person, and the detention of individuals.


Author(s):  
Rhona K. M. Smith

This chapter examines equality and non-discrimination in international human rights law. It discusses the provisions of human rights laws, conventions, and declarations designed to address problems related to sex, race, and religious discrimination. The chapter suggests a link between the concept of equality and that of non-discrimination, and that the rule of non-discrimination is basically the negative restatement of the principle of equality.


Author(s):  
Rhona K. M. Smith

This chapter examines the rationale behind developing regional protection of human rights. It discusses the advantages of regional systems then overviews the three principal regional systems that promote human rights: the Organization of American States, the Council of Europe, and the African Union, before outlining other regional initiatives.


Author(s):  
Rhona K. M. Smith

This chapter analyses the history and principles of the International Bill of Human Rights, which is the ethical and legal basis for all the human rights work of the United Nations. The Bill consists of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, two Optional Protocols annexed thereto, and the International Covenant on Economic, Social, and Cultural Rights and Protocol. The chapter also assesses whether the Bill of Human Rights has lived up to the expectations of the original proponents.


Author(s):  
Rhona K. M. Smith

This chapter examines the work of the United Nations (UN) in the area of human rights. It discusses the evolution of human rights under the auspices of the UN as well as some of the early influences on human rights. The influence of the Nuremberg trials, the abolition of slavery, and the protection of vulnerable groups on the development of human rights protection law is discussed. Relevant institutions and bodies working under the auspices of the United Nations are discussed. The chapter also explains the functions and responsibilities of these bodies, and highlights the financial and personnel constraints that negatively affect the performance of their duties.


Author(s):  
Rhona K. M. Smith

This chapter provides an historical sketch of international human rights. It considers the divergent views as to the origins of human rights. The chapter traces developments including the law of aliens; diplomatic laws; the laws of war; slavery; minority rights; the establishment of the International Labour Organization; and human rights protection after the Second World War.


Author(s):  
Rhona K. M. Smith

This chapter focuses on sustainable development, part of Agenda 2030 of the United Nations. The UN Sustainable Development Goals overlap with human rights and the associated targets and indicators embody many core human rights obligations already incumbent on States. This agenda is now the focal point of technical assistance and development programmes around the world and, crucially, applies to all States, irrespective of their state of development.


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