Human Security and Human Rights under International Law

The Protections Offered to Persons Confronting Structural Vulnerability

Dr Dorothy Estrada-Tanck (Autor)

Buch | Softcover

360 Seiten

2019
Hart Publishing (Verlag)
978-1-5099-2880-4 (ISBN)

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Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.

Dorothy Estrada-Tanck is Doctor of Laws from the European University Institute in Florence, Italy.

Introduction
I. Literature Review and the Current Debate
II. The Argument
III. Chapter Synopses

Part I: Conceptual Outlines
1. Human Security: An Overview
I. Historical Evolution of Human Security
II. The 2012 ‘Common Understanding’ of Human Security and Beyond
III. International, Regional and National Uses of Human Security
IV. A Holistic Human Security: All Human Rights and a Threshold Definition
2. Human Security, International Law and Human Rights
I. International Law, Risk and Structural Vulnerability
II. Human Security and Human Rights
3. The Human Security–Human Rights Synergy
I. Article 28 of the UDHR and Human Security: An Enabling Environment
II. Human Security and ‘Core Content’ of Human Rights
III. The Framework in a Nutshell

Part II: Practical Applications of the Human Security–Human Rights Synergy in Legal Analysis
4. Violence against Women, Human Security and Women’s Human Rights
I. Introduction
II. Human Security and its Gender Implications
III. VAW under Human Rights Law: Demarcating the Scope of Human Security
IV. Human Security and VAW: Synergies Reinforcing Women’s Human Rights
V. Some Conclusions: Gendered Human Security and the Right to Live Free from Violence
5. Human Security and Rights of Undocumented Migrants and Other Non-Citizens
I. Introduction
II. Undocumented Migrants, Other Non-Citizens, and Human Security
III. International Human Rights Law on Migrants and Non-Citizens
IV. A Human Security Lens to Migrant Human Rights: Legal Irregularity as a Source of Risk
V. Some Conclusions: Migratory Regimes as the Ultimate Test to Human Security
and Human Rights
6. Undocumented Female Migrants and Illustrative Migrant Cases
I. Introduction
II. Undocumented Female Migrants: Workers and Women at Risk
III. Illustrative Legal Cases of a Human Security Approach to Migrants’ Human Rights
IV. Some Conclusions on Undocumented Migrants and Women: Human Security as the ‘Right to Have Access to Rights’
7. Conclusions on the Human Security–Human Rights Synergy and Prospective Routes
I. Some Conceptual Conclusions
II. Legal Interaction: Interpretative Synergies Between Human Security and Human Rights
III. Prospective Routes

Erscheinungsdatum	29.04.2019
Verlagsort	Oxford
Sprache	englisch
Maße	156 x 234 mm
Gewicht	503 g
Themenwelt	Recht / Steuern ► EU / Internationales Recht
Themenwelt	Recht / Steuern ► Öffentliches Recht ► Völkerrecht
ISBN-10	1-5099-2880-4 / 1509928804
ISBN-13	978-1-5099-2880-4 / 9781509928804
Zustand	Neuware