The Judicial Application of Human Rights Law: National, Regional and International Jurisprudence

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Cambridge University Press, Dec 12, 2002 - Law - 965 pages
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The original human rights concepts articulated in the 1948 Universal Declaration have evolved considerably. Nihal Jayawickrama encapsulates the judicial interpretation of human rights law from all available sources in one comprehensive volume, covering superior court case law of over fifty-five countries, the jurisprudence of the UN Human Rights monitoring bodies, the European Court of Human Rights, and the Inter-American system. This definitive compendium will be essential for legal practitioners, government and non-governmental officials, and academics and students of both constitutional law, and the international law of human rights.
 

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Contents

Preface page
ix
Table of cases
xiii
Table of instruments
civ
Introduction
1
Historical and juridical background
3
The international bill of human rights
24
The domestic protection of human rights
95
The international protection of human rights
130
The rights of accused persons
527
The right to recognition as a person
595
The right to privacy
597
The right to freedom of thought
637
The right to freedom of expression
663
The right to freedom of assembly
721
The right to freedom of association
735
The right to family life
761

General principles
157
Interpretation
159
Nondiscrimination
174
Limitations
182
Derogation
202
PART in The substantive rights
215
The right of selfdetermination
217
The right to life
239
The right to freedom from torture
296
The right to freedom from slavery
353
The right to liberty
369
The rights of prisoners
425
The right to freedom of movement
436
The right to a fair trial
478
The rights of the child
780
The right to participate in public life
789
The right to equality
816
The rights of minorities
842
The rights relating to work
852
The rights relating to social security
864
The right to an adequate standard of living
869
The right to health
881
The right to education
890
The right to cultural life
904
The right to property
908
Index
921
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About the author (2002)

Nihal Jayawickrama was formerly the Ariel F Sallows Professor of Human Rights at the University of Saskatchewan. A member of the Sri Lanka Bar, he was Permanent Secretary to the Ministry of Justice. An advocate for a Bill of Rights in Hong Kong prior to the transfer of sovereignty in 1997, he was involved in the processes that led to its fruition.

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