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Extraterritorial Human Rights Obligations from An African
Perspective addresses the often neglected question of whether
African regional human rights instruments impose extraterritorial
obligations on State parties, and if so, the extent and scope of
these obligations.The prevalence of extraterritorial violations of
human and peoples' rights in the African system, due to the actions
or omissions of African as well as non-African states, has not gone
unnoticed. Strengthening extraterritorial obligations in Africa is
an urgent necessity to ensure a rights-based African regional order
that seeks to address, among other issues, challenges stemming from
globalisation, accountability for human rights violations in Africa
where a third state or entity (as well as an intergovernmental
organisation) is involved, and to ensure respect and protection of
the human rights of future generations. With the increasing
quasi-judicial and judicial scrutiny of the extraterritorial reach
of human rights and states duties, at both international and
regional levels, including from the African Commission, the African
region is ripe for extraterritorial analysis.Extraterritoriality is
an emerging concept in the context of international human rights
law, and has generally not been the focus of many books, and less
so in the African context. This book is therefore among the first
book of its kind providing the reader with a unique perspective on
this important topic.
This booklet contains the texts of the Theo van Boven Lectures held
in 2014 and 2015. They deal with the subject of defending human
dignity by looking at the different roles the human rights
defender, the scholar and the human rights NGO can play in
achieving this goal. Hina Jilani looks at the opportunities and
limitations of human rights defenders in their fight to stand up
for the protection of human dignity. Jean Allain discusses the role
of the legal scholar in studying contemporary forms of slavery.
Finally Aidan McQuade denounces practices of slavery from the
perspective of a human rights NGO. The Theo van Boven Lecture
Series are organised annually by the Maastricht Centre for Human
Rights as a tribute to Theo van Boven, emeritus Professor of
International Law at Maastricht University, and formerly Director
of the UN Division of Human Rights, member of the Committee on the
Elimination of Racial Discrimination and UN Special Rapporteur on
Torture. The themes covered by the lectures reflect the wide range
of interests of Theo van Boven. This publication is interesting for
human rights practitioners, scholars and students.
The right to land plays a key role in the realisation of a plethora
of human rights, including the right to food, water, housing,
employment, a clean and healthy environment, an adequate standard
of living, social status and the power to make decisions. Property
rights over land can take many forms, from mere access rights to
ownership. Due to a growing world population and various global
crises and developments such as agrarian reform, land is becoming
scarce. The result is that land prices increase and the poorest
sectors of society are deprived of access to land whilst State
authorities and foreign investors practise land grabbing to make
way for palm oil, animal feed and biofuel plantations, tourist
resorts, or as speculative investment. In addition, arable land is
not only claimed for residential purposes, but also by industries
that in turn pollute the soil and water. Many groups in society,
especially in developing States, need access to land for their
subsistence. It is these smallholders, landless farmers, rural
youths, indigenous peoples and women who often suffer the worst
consequences of land reform schemes and land grabbing practices.
They are not well protected by the existing forms of land tenure
and State authorities often fail to live up to their human rights
obligations to respect and protect the land rights of people in all
sectors of their society.Legal Aspects of Land Rights is the result
of the cooperation of scholars from five Indonesian faculties of
law, the Maastricht Centre for Human Rights, and the Maastricht
European Transnational Research Institute (METRO), together known
as the Land Rights Consortium.
In academic human rights research, especially legal human rights
research, little attention tends to be devoted to questions of
methodology. One reason for this may be that human rights scholars
often are former human rights activists. Dispensing with
methodological niceties enables them to engage in wishful thinking
and to come up with the conclusions they were hoping to find in the
first place. Furthermore, although much emphasis continues to be
put on the need to carry out human rights research from a
multidisciplinary perspective, the methods to be applied in such
research remain far from clear. Which criteria can be identified to
qualify a piece of human rights research as a methodologically
sound piece of work? Are there aspects and considerations that are
typical for human rights research? What are good practices in human
rights research? This book addresses these questions from the
perspective of different scholarly fields relevant for human rights
research, including international law, criminal law, criminology,
political science, comparative politics, international relations,
anthropology; philosophy, and history. This book is essential
reading for any PhD candidate embarking on a dissertation in the
field of human rights and any human rights scholar wishing to
critically reflect on the quality of her/his own methods of work.
Chapters How Human Rights Cross-Pollinate and Take Root: Local
Governments & Refugees in Turkey by Elif Durmus and Human
Rights Localisation and Individual Agency: From 'Hobby of the Few'
to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and
Elif Durmus are available open access under a Creative Commons
Attribution 4.0 International License via link.springer.com This
book seeks to explore, from a multidisciplinary perspective,
whether human rights are, in fact, a myth or a lived reality. Over
the years much has been said about their effectiveness or, rather,
their ineffectiveness. This perceived ineffectiveness relates not
only to institutional challenges at the international level, but
also to national implementation mechanisms and processes. In
addition, questions have arisen as to whether individuals or groups
of individuals actually benefit from the normative guarantees
contained in human rights law and whether human rights as legal
constructs can be effectively translated into better outcomes. This
volume can be distinguished from the existing literature by virtue
of the fact that it not only brings together scholars at different
stages of their careers, but also that it incorporates
contributions that adopt different methodological perspectives and
cover a variety of topics. The book should prove of great benefit
to human rights researchers, human rights practitioners, NGOs and
students. Claire Boost is a PhD Candidate at the Department of
Criminal Law and Criminology, Maastricht University. Andrea
Broderick is an Assistant Professor at the Department of
International and European Law, Maastricht University. Fons Coomans
is a Professor at the UNESCO Chair in Human Rights and Peace,
Department of International and European Law, Maastricht
University. Roland Moerland is an Assistant Professor at the
Department of Criminal Law and Criminology, Maastricht University.
Chapters How Human Rights Cross-Pollinate and Take Root: Local
Governments & Refugees in Turkey by Elif Durmus and Human
Rights Localisation and Individual Agency: From 'Hobby of the Few'
to the Few Behind the Hobby by Tihomir Sabchev, Sara Miellet, and
Elif Durmus are available open access under a Creative Commons
Attribution 4.0 International License via link.springer.com This
book seeks to explore, from a multidisciplinary perspective,
whether human rights are, in fact, a myth or a lived reality. Over
the years much has been said about their effectiveness or, rather,
their ineffectiveness. This perceived ineffectiveness relates not
only to institutional challenges at the international level, but
also to national implementation mechanisms and processes. In
addition, questions have arisen as to whether individuals or groups
of individuals actually benefit from the normative guarantees
contained in human rights law and whether human rights as legal
constructs can be effectively translated into better outcomes. This
volume can be distinguished from the existing literature by virtue
of the fact that it not only brings together scholars at different
stages of their careers, but also that it incorporates
contributions that adopt different methodological perspectives and
cover a variety of topics. The book should prove of great benefit
to human rights researchers, human rights practitioners, NGOs and
students. Claire Boost is a PhD Candidate at the Department of
Criminal Law and Criminology, Maastricht University. Andrea
Broderick is an Assistant Professor at the Department of
International and European Law, Maastricht University. Fons Coomans
is a Professor at the UNESCO Chair in Human Rights and Peace,
Department of International and European Law, Maastricht
University. Roland Moerland is an Assistant Professor at the
Department of Criminal Law and Criminology, Maastricht University.
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