Human Security and Human Rights under International Law

Erscheinungsjahr 2016
ISBN: 978-1-84946-882-4
Verlag: Hart Publishing

Buch, Englisch, 360 Seiten, Hardback, Format (B × H): 157 mm x 240 mm, Gewicht: 686 g

Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights - civil, political, economic, social and cultural - and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.

Autoren/Hrsg.

Estrada-Tanck, Dorothy

Fachgebiete

• Sozialwissenschaften Politikwissenschaft Politische Kultur Menschenrechte, Bürgerrechte
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationale Menschen- und Minderheitenrechte, Kinderrechte

Inhaltsverzeichnis

Introduction

I. Literature Review and the Current Debate

II. The Argument

III. Chapter Synopses

Part I: Conceptual Outlines
1. Human Security: An Overview

I. Historical Evolution of Human Security

II. The 2012 'Common Understanding' of Human Security and Beyond

III. International, Regional and National Uses of Human Security

IV. A Holistic Human Security: All Human Rights and a Threshold Definition

2. Human Security, International Law and Human Rights

I. International Law, Risk and Structural Vulnerability

II. Human Security and Human Rights

3. The Human Security-Human Rights Synergy

I. Article 28 of the UDHR and Human Security: An Enabling Environment

II. Human Security and 'Core Content' of Human Rights

III. The Framework in a Nutshell

Part II: Practical Applications of the Human Security-Human Rights Synergy in Legal Analysis
4. Violence against Women, Human Security and Women's Human Rights

I. Introduction

II. Human Security and its Gender Implications

III. VAW under Human Rights Law: Demarcating the Scope of Human Security

IV. Human Security and VAW: Synergies Reinforcing Women's Human Rights

V. Some Conclusions: Gendered Human Security and the Right to Live Free from Violence

5. Human Security and Rights of Undocumented Migrants and Other Non-Citizens

I. Introduction

II. Undocumented Migrants, Other Non-Citizens, and Human Security

III. International Human Rights Law on Migrants and Non-Citizens

IV. A Human Security Lens to Migrant Human Rights: Legal Irregularity as a Source of Risk
V. Some Conclusions: Migratory Regimes as the Ultimate Test to Human Security
and Human Rights

6. Undocumented Female Migrants and Illustrative Migrant Cases

I. Introduction

II. Undocumented Female Migrants: Workers and Women at Risk

III. Illustrative Legal Cases of a Human Security Approach to Migrants' Human Rights

IV. Some Conclusions on Undocumented Migrants and Women: Human Security as the 'Right to Have Access to Rights'

7. Conclusions on the Human Security-Human Rights Synergy and Prospective Routes

I. Some Conceptual Conclusions

II. Legal Interaction: Interpretative Synergies Between Human Security and Human Rights

III. Prospective Routes

Über Autor(innen)

Estrada-Tanck, Dorothy
Dorothy Estrada-Tanck is Doctor of Laws from the European University Institute in Florence, Italy.