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Author: María Fernanda Pérez Solla Publisher: McFarland ISBN: 0786423250 Category : Social Science Languages : en Pages : 249
Book Description
It was from Argentina, in the years 1976 to 1983, that the world heard the cries of the families of los desaparecidos, the disappeared--20,000 to 30,000 people made to vanish forever by official sleight of hand. In the years since, the scope and range of governmentally sanctioned kidnappings has spread exponentially, making enforced disappearances a truly global problem. This volume provides an in-depth legal investigation of involuntary disappearances as defined by national and international law. Beginning with a detailed discussion of what constitutes an enforced disappearance, it goes on to consider how various international organizations such as the United Nations view this problem. Using the Multiple Rights Approach, enforced disappearances are examined as a violation of internationally defined basic rights such as the right to personal freedom, the right to protection against torture and the right to a judicial remedy. Viewpoints of the Inter-American Court of Human Rights and the European System of Protection are scrutinized with special consideration regarding the international laws applicable to the problem. The availability (or lack thereof) of restitution and compensation for material damage, mental and physical anguish, and loss of opportunity is also addressed. Finally, the work considers the need for a comprehensive and coherent framework when dealing with enforced disappearances.
Author: María Fernanda Pérez Solla Publisher: McFarland ISBN: 0786423250 Category : Social Science Languages : en Pages : 249
Book Description
It was from Argentina, in the years 1976 to 1983, that the world heard the cries of the families of los desaparecidos, the disappeared--20,000 to 30,000 people made to vanish forever by official sleight of hand. In the years since, the scope and range of governmentally sanctioned kidnappings has spread exponentially, making enforced disappearances a truly global problem. This volume provides an in-depth legal investigation of involuntary disappearances as defined by national and international law. Beginning with a detailed discussion of what constitutes an enforced disappearance, it goes on to consider how various international organizations such as the United Nations view this problem. Using the Multiple Rights Approach, enforced disappearances are examined as a violation of internationally defined basic rights such as the right to personal freedom, the right to protection against torture and the right to a judicial remedy. Viewpoints of the Inter-American Court of Human Rights and the European System of Protection are scrutinized with special consideration regarding the international laws applicable to the problem. The availability (or lack thereof) of restitution and compensation for material damage, mental and physical anguish, and loss of opportunity is also addressed. Finally, the work considers the need for a comprehensive and coherent framework when dealing with enforced disappearances.
Author: Tullio Scovazzi Publisher: Martinus Nijhoff Publishers ISBN: 900416149X Category : History Languages : en Pages : 453
Book Description
Enforced disappearance is one of the most serious human rights violations. It constitutes an autonomous offence and a crime under international law on account of its multiple and continuing character. It is not a phenomenon of the past, nor is it geographically limited to Latin America: such scourge is widespread today and on the increase in other continents. For more than twenty-five years, relatives of disappeared people worldwide have insisted on the pressing need for an international legally binding instrument against enforced disappearances. 2006 is the year of the adoption of the International Convention on the Protection of All Persons from Enforced Disappearances, which represents the result of several legislative and jurisprudential developments that are duly analyzed in this book. The Convention has been opened for signature in February 2007.
Author: Andreas von Arnauld Publisher: Cambridge University Press ISBN: 1108751172 Category : Political Science Languages : en Pages : 939
Book Description
The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.
Author: Julie Fraser Publisher: Edward Elgar Publishing ISBN: 1839107308 Category : Law Languages : en Pages : 456
Book Description
This pioneering book explores the intersections of law and culture at the International Criminal Court (ICC), offering insights into how notions of culture affect the Court’s legal foundations, functioning and legitimacy, both in theory and in practice.
Author: Michael Caster Publisher: ISBN: 9780999370674 Category : Languages : en Pages : 286
Book Description
"A set of unique, insider accounts into one of the most secretive prison systems in the world. If you've ever wondered what the rise of China means for human rights around the world, this book has the answer.""You are now under Residential Surveillance at a Designated Location. Your only right is to obey!" With these words, Chinese lawyer Xie Yang was introduced to the horrors of "Residential Surveillance at a Designated Location" (RSDL), a brutal custodial system where victims are subjected to incommunicado detention and torture, often for six months or longer. This book gives voice to China's victims who, in their own harrowing words, describe the violent and dehumanizing reality of being disappeared. It present, for the first time, an in-depth analysis of the legal framework China uses to disappear and torture its citizens, and how it violates fundamental international law. This second edition explores changes to both the RSDL system, while importantly presenting the first overview of the full ecosystem for disappearances that China has been developing since the release of the first edition. From enforced disappearances in mass concentration camps for Muslim minorities in Xinjiang, to the National Security Commission that targets anyone suspected of violating Party discipline using its liuzhi system, to disappearing people when inside detention centers awaiting trial, to disappearing those supposedly released from bail or prison, to ad-hoc kidnappings. As China battles with the west to export its system of governance, understanding the breakdown of its fledging system of laws, its embrace of practices that violate fundamental international rights, becomes ever more important. With China aggressively pushing for police and extradition cooperation across the globe, fears over an extradition bill which have sparked mass demonstrations in Hong Kong for example, understanding the role of the police and China's highly abusive systems for arbitrary and secret detention is paramount.
Author: Ioanna Pervou Publisher: Springer Nature ISBN: 3031367316 Category : Law Languages : en Pages : 222
Book Description
This book offers a distinctive approach to the right not to be subjected to enforced disappearance. Over the last decade, the entry into force of the UN Convention for the Protection of All Persons from Enforced Disappearance has brought to the forefront of legal discussion the need to effectively address the practice of disappearance. Yet, there are still obstacles to combatting it, which are in part due to a limited understanding of the right’s underlying concept, content and scope. This book examines the phenomenon and definition of enforced disappearance and sheds new light on the right against disappearance. Presenting a doctrinal appraisal of the norm’s legal value, it suggests that the right against enforced disappearance holds a customary value, while also arguing that it has since attained a jus cogens status. Lastly, it examines in detail the rights to truth and reparation and how regional and national courts have interpreted these norms. It assesses the UN Convention’s dynamics and considers whether the lack of a right against disappearance embedded in regional human rights systems affects individuals’ protection. The book provides an overview of key jurisprudence on disappearances, making it of benefit to both practitioners and theorists of international law.
Author: Maria Giovanna Bianchi Publisher: Taylor & Francis ISBN: 1000983080 Category : Political Science Languages : en Pages : 303
Book Description
Collecting authoritative contributions, Psychoanalytic, Psychosocial, and Human Rights Perspectives on Enforced Disappearance combines the life experience of victims with the expertise of scholars and practitioners of human rights, psychoanalysis, and artists to compose a picture that renders the complexity of this crime in its legal, psychological, and social aspects. Victims offer a glimpse into the bottomless despair of those who lose a family member in such a dramatic and torturous way. Academic scholars give a picture of this crime in contemporary world. Experts in human rights law address the progress and limitations of the different standards applied in international human rights law. The psychosocial framework in the context of forensic investigations and reparations encourages the decision-making process of the victims and the elaboration of their personal and collective stories. Psychoanalytic authors address the problems of perpetrators' states of mind, the profound psychological and unconscious significance of torture and the disappearance of people by the State, and the issues of memory and trauma in its multiple meanings, individual, collective, and transgenerational. Art is part of this collective effort to work through, to question, to understand and repair the damages of evil. The book is aimed at postgraduate students, scholars, and practitioners in politics, psychoanalysis, law, psychology, psychosocial studies, human rights, social work and justice, and related fields.
Author: Ather Zia Publisher: ISBN: 9780295744995 Category : SOCIAL SCIENCE Languages : en Pages : 0
Book Description
The politics of mourning -- The politics of democracy -- The killable Kashmiri body -- The politics of visibility -- Enforced disappearance of the other kind -- Militarizing humanitarianism -- Retelling and remembering -- Obliteration and transmutation.
Author: María Fernanda Pérez Solla
Author: María Fernanda Pérez Solla
Author: Tullio Scovazzi
Author: Lisa Ott
Author: Council of Europe. Committee of Ministers
Author: Andreas von Arnauld
Author: Julie Fraser
Author: Michael Caster
Author: Ioanna Pervou
Author: Maria Giovanna Bianchi
Author: Ather Zia