The Cambridge Handbook of New Human Rights: Recognition, Novelty, Rhetoric

ISBN-13: 9781108484732 / Angielski / Twarda / 2020 / 720 str.

Andreas Von Arnauld; Kerstin Von Der Decken; Mart Susi

Opis

Offers a comprehensive analysis of the contested emergence of new human rights for the first time.

Spis treści

Introduction; Part I. Cross-Cutting Observations: 1. Recognition of new human rights: phases, techniques and the approach of 'differentiated traditionalism'; 2. Novelty in new human rights: the decrease in universality and abstractness thesis; 3. Rhetoric of rights: a topical perspective on the functions of claiming a 'human right to …'; Part II. Public Good Rights: 4. Access to water as a new right in international, regional and comparative constitutional law; 5. Comment: something old, something new, something borrowed and something blue: lessons to be learned from the oldest of the 'new' rights – the human right to water; 6. The human right to adequate housing and the new human right to land: congruent entitlements; 7. Comment: the human right to land: 'new right' or 'old wine in a new bottle'?; 8. The right to health under the ICESCR – existing scope, new challenges, and how to deal with it; 9. Comment: strong new branches to the trunk – realizing the right to health decentrally; 10. The human right to a clean environment and rights of nature: between advocacy and reality; 11. Comment: the right to environment: a new, internationally recognized, human right; Part III. Status Rights: 12. The Inter-American Convention on Protecting the Human Rights of Older Persons; 13. Comment: the status of the human rights of older persons; 14. Gender recognition as a human right; 15. Comment: pre-existing rights and future articulations: temporal rhetoric in the struggle for trans rights; 16. The rights of indigenous people – everything old is new again; 17. Comment: the evolution and revolution of indigenous rights; 18. Animal rights; 19. Comment: sentience, form and breath: law's life with animals; Part IV. New Technology Rights: 20. Right to internet access: Quid Iuris?; 21. Comment: the case for the right to meaningful access to internet as a human right in international law; 22. The right to be forgotten; 23. Comment: the RTBF 2.0; 24. The fruits of someone else's labor: gestational surrogacy and rights in the twenty-first century; 25. Comment: birthing new human rights – reflections around a hypothetical human right of access to gestational surrogacy; 26. The relevance of human rights for dealing with the challenges posed by genetics; 27. Comment: the challenge of genetics: human rights on the molecular level?; Part V. Autonomy and Integrity Rights: 28. The right to bodily integrity; 29. Comment: from bodily rights to personal rights; 30. The nascent right to psychological integrity and mental self-determination; 31. Comment: critical reflections on the need for a right to mental self-determination; 32. Rights related to enforced disappearance: new rights in the International Convention for the Protection of All Persons from Enforced Disappearance; 33. Comment: the emergence of the right not to be forcibly disappeared: some comments; 34. The emergent human right to consular notification, access and assistance; 35. Comment from a human right to invoke consular assistance in the host state to a human right to claim diplomatic protection from one's state of nationality?; Part VI. Governance Rights: 36. Remnants of a constitutional moment: the right to democracy in international law; 37. Comment: the human right to democracy in international law: coming to moral terms with an equivocal legal practice; 38. A right to administrative justice – 'new' or just repackaging the old?; 39. Comment: the African right to administrative justice versus the European Union's right to good administration: new human rights?; 40. Anti-corruption: recaptured and reframed; 41. Comment: towards a human rights approach to corruption; 42. Bentham Redux: examining a right of access to law; 43. Comment: a right of access to law – or rather a right of legality and legal aid?