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Research Handbook on Implementation of Human Rights in Practice

Edited by: Rachel Murray, Debra Long

ISBN13: 9781800372276
Published: November 2022
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £192.00



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Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Handbook reviews the relevant terminology, recent trends and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings and the use of IT for compliance.

Exploring the entire process of human rights law implementation from recommendation to execution to follow up, this comprehensive Handbook will be an invaluable resource to students, scholars and practitioners interested in the decisions and judgements behind the implementation of human rights law.

Subjects:
Human Rights and Civil Liberties
Contents:
1. Introduction to the Research Handbook on Implementation of Human Rights in Practice
Rachel Murray and Debra Long
PART I. RETHINKING IMPLEMENTATION AND METHODOLOGICAL EXPLANATIONS
2. Implementation and compliance
Andreas von Staden
3. Reparations in human rights law
Dinah Shelton
4. Unveiling hidden variations: contemporary trends in compliance with international human rights institutions
Jillienne Haglund and Courtney Hillebrecht
5. Implementation of human rights decisions in the African human rights system
Gaye Sowe and Eric Bizimana
6. Compliance and compensation: money as a currency of human rights
Veronika Fikfak
PART II. ACTORS
7. Implementers or facilitators of implementation? Governmental human rights focal points’ complex role in enhancing human rights compliance at the national level
Sébastien Lorion and Stéphanie Lagoutte
8. The role of parliaments in implementing decisions and recommendations from supranational human rights bodies
Brian Chang and Murray Hunt
9. Domestic gatekeepers or international enforcers? National courts’ engagement with decisions of international human rights courts and treaty bodies
Jasper Krommendijk
10. The global human rights ‘implementation agenda’ and the genesis of NMIRFs
Marc Limon
11. The reformation of implementation of human rights by the UN treaty body system
Malcolm D. Evans
PART III. TOOLS TO FACILITATE IMPLEMENTATION
12. A vibrant interplay: tools and systems for monitoring human rights implementation
Christian M. De Vos and Ashrakat Mohammed
13. The role of negotiations and diplomacy in encouraging State implementation of human rights
Kriangsak Kittichaisaree
14. Compliance hearings before the Inter-American Court of Human Rights: unleashing the dynamics of implementation
Edward Pérez and Clara Sandoval
15. Prevention, intervention and care management: case studies of vulnerable populations in South Africa
Lillian Artz and Leon Holtzhausen
16. Human rights indicators and implementation
Todd Landman and Katarina Schwarz
17. The use of IT for compliance with supranational bodies
Jonas Grimheden

Index