Contribution to the Course Human Rights Law

13.05.22

Semester 2, 2021/22 (Intern. LL.M Program); Monday, 18.04., 25.04. and 09.05.2022, 07:00 - 08:40, online via Zoom

Contents

Bibliography

Abbreviations

On the terms "human rights", "fundamental rights" and "constitutional rights"

Overview over the norms to bear in mind (additional material from this course in 2019)

Diagram 1 (Sources of Law for the Protection of Human Rights)

Diagram 2 (Geo-regional human rights protection mechanisms)

Rights and prohibitions under the ECHR and its protocols

§ 1  The Multi-level protection of human rights and the parallelism of human and fundamental rights regimes

§ 2  European human rights law

§ 3  American human rights law

§ 4  African human rights law

§ 5  The missing Asian human rights law

§ 6  Discussion and conclusion on the merits and weaknesses of the existing geo-regional human rights regimes

Antkowiak, Thomas; Gonza, Alejandra: The American Convention on Human Rights. Essential Rights, 2017

Bond, Martyn: An Introduction to the European Convention, 2018

Dijk, Pieter van; Hoof, Fried van; Rijn, Arjen van; Zwaak, Leo (editors): Theory and Practice of the European Convention on Human Rights, 5th edition 2018 [for in-depth studies]

Fredman, Sandra: Comparative Human Rights Law, 2018

Gerard, Janneke: General Principles of the European Convention on Human Rights, 2019

Harris, David; O'Boyle, Michael; Bates, Ed; Buckley, Carla: Law of the European Convention on Human Rights, 4th edition 2018

Medina, Cecilia: The Inter-American Convention on Human Rights, 2nd edition 2016

Rainey, Bernadette; McCormick, Pamela; Ovey, Clare: Jacobs, White, and Ovey: The European Convention on Human Rights, 8th edition 2021                   

Viljoe, Frans: International Human Rights Law in Africa, 2nd edition 2012

White, Robin C.A.; Ovey, Clare: The European Convention on Human Rights, 7th edition 2017

Burgorgue-Larsen, Laurence; Torres, Amaya A. Ubeda de: The Inter-American Court of Human Rights. Case-Law and Commentary, 2011

Grabenwarter, Christoph: European Convention for the Protection of Human Rights and Fundamental Freedoms. Commentary, 2014

Hennebel, Ludovic; Tigroudja, Hélène: The American Convention on Human Rights. A Critical Commentary, 2021

Murray, Rachel: The African Charter on Human and Peoples' Rights. A Commentary, 2019

Schabas, William A.: The European Convention on Human Rights. A Commentary, 2017

Brett, Peter: Human Rights and the Judicialisation of African Politics, 2019

Duxbury, Alison; Tan, Hsien-Li: Can ASEAN Take Human Rights Seriously?, 2019

Engstrom, Par; Hillebrecht, Courtney: The Inter-American Human Rights System: The Law and Politics of Institutional Change, 2019

Fredman, Sandra: The ‘Tinkerbell moment': why we should care about Comparative Human Rights, 2018

Saeed, Abdullah: Human Rights and Islam: An Introduction to Key Debates Between Islamic Law and International Human Rights Law, 2018

Shelton, Dinah: Remedies in International Human Rights Law, 3rd edition 2015

Smith, Rhona; McConnell, Lee (editors): Research Methods in Human Rights, 2018

Tan, Kevin Y. L.; Cohen, David; Nabahan, Aviva (editors): Human Rights And Asean: Indonesian And International Perspectives, 2021

Attoh, Nonso (editor): Reported Cases of the African Court on Human and Peoples' Rights, part 1 - 6 [2009-2016], 2017

European Court of Human Rights (editor): Overview of the Case-Law of the European Court of Human Rights, 2009 ff. (annual overview)

Maringele, Sarah: European Human Rights Law. The work of the European Court of Human Rights illustrated by an assortment of selected cases, 2014

AHRLJ: African Human Rights Law Journal, since 2000

APJHRL: Asia-Pacific Journal on Human Rights and the Law, since 2000

EHRLR: European Human Rights Law Review, since 1979

JSEAHR: Journal of Southeast Asian Human Rights, since 2017 [published in Indonesia]

European Convention on Human Rights (ECHR) of 1950 and 16 protocols

Other European human rights treaties: overview (Council of Europe), European Social Charta (revised version of 1996/original version of 1961) and protocols, European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (ECPT) of 1987, Framework Convention for the Protection of National Minotiries of 1995, Convention on Human Rights and Biomedicine of 1997, Council of Europe Convention on Action against Trafficking in Human Beings of 2005, Council of Europe Convention on preventing and combating violence against women and domestic violence of 2011; not a human rights treaty but the specific fundamental rights regime of the EU: the Charter of Fundamental Rights of the European Union  (revised version of 2007)

American Convention on Human Rights (ACHR) of 1969 with Additional Protocol of 1988 (on social, economic and cultural rights) and Protocol of 1990 (to abolish the Death Penalty)

Other American human rights treaties: overview (IACHR), Inter-American Convention to Prevent and Punish Torture of 1985, Inter-American Convention on Forced Disappearance of Persons of 1994, Inter-American Convention on the Prevention, Punishment and Eradication of Violence Against Women of 1994, Inter-American Convention against all Forms of Discrimination and Intolerance of 2013, Inter-American Convention on Protecting the Human Rights of Older Persons of 2015

African Charter on Human and Peoples' Rights (Banjul Charter) of 1981 with Protocol of 1998 (on the Establishment of the African Court on Human and Peoples' Rights), Protocol of 2003 (on the rights of women in Africa) and Protocol of 2016 on the Rights of Older Persons

Other African human rights treaties: overview (ACHPR), OAU-Convention Governing the Specific Aspects of Refugee Problems in Africa of 1969, African Charter on the Rights and Welfare of the Child of 1990, African Charter on Democracy, Elections and Governance of 2011

Arab Charter on Human Rights of 2004 (see also criticism by UNHCHR)

not a source of law but potentially politically important: ASEAN Human Rights Declaration (AHRD) (html/pdf) of 2012 (see also criticism by UNHCHR); see also, for a first ASEAN treaty on human rights aspects, the ASEAN Convention Against Trafficking in Persons, Especially Women and Children (ACTIP) of 2015

Human rights courts: European Court of Human Rights (ECHR) in Strasbourg, Inter-American Court of Human Rights (IACHR) in San José, African Court of Human and Peoples' Rights (ACHPR) in Arusha

European human rights institutions: Council of Europe (see in particular the special sites on human rights and the site of the Commissioner for Human Rights), Organization for Security and Co-operation in Europe (OSCE); treaty-based bodies: European Committee of Social Rights (ECSR); European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT)

American human rights institutions: Inter-American Commission of Human Rights (IACHR) with rapporteurships on special fields; see also Organisation of American States (OAS)

African human rights institutions: African Commission on Human and Peoples' Rights (ACHPR); treaty-based body: African Committee of Experts on the Rights and Welfare of the Child (ACERWC)

not human rights institutions but just consultative commissions: ASEAN Intergovernmental Commission on Human Rights (AICHR) and ASEAN Commission on the Promotion and Protection of the Rights of Women and Children (ACWC)