Human Rights

, by Henkin, Louis; Neuman, Gerald L.; Orentlicher, Diane F.; Leebron, David W.; Henkin, Louis

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ISBN: 9781566627542 | 1566627540
Cover: Hardcover
Copyright: 9/1/1999

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This study of human rights covers both international and domestic contexts. The arrangement of the book's materials allows teachers to omit, condense or reorder as needed. U.S. materials help explore the basic conceptual issues, including domestic legal remedies to protect international rights. The book covers remedies provided by the major international human rights instruments and the role of non-legal institutions.

Preface

vii

Table of Cases

xxxix

PART I. HUMAN RIGHTS: IDEA AND IDEOLOGY

(116)

The Human Rights Idea

(71)

The Western Individual Rights Tradition

(28)

Alternative Western Conceptions of the Good Society

(16)

Human Rights and Competing Ideas

(13)

The Triumph of Human Rights After the Second World War

(44)

Contemporary Justifications of Human Rights

(5)

Human Rights: Theory and Content

(13)

Contemporary Critiques of Human Rights

(25)

PART II. HUMAN RIGHTS IN NATIONAL LAW: THE UNITED STATES

117

(156)

Constitutional Rights: Theory and History

120

(116)

Antecedents: Individual Rights Before the U.S. Constitution

120

(14)

Theory of Constitutional Rights in the United States

134

(22)

Rights Protected by the U.S. Constitution

156

(10)

Constitutional Rights---Two Hundred Years Later

166

(28)

Limitations on Rights

194

(30)

Rights Beyond National Borders

224

(12)

Rights Under Federal Law and Under State Constitutions

236

(15)

Rights Under Federal Law

236

(2)

Rights Under State Constitutions

238

(13)

Remedies Under U.S. Law for Violations of Rights

251

(22)

Rights and Remedies: General Principles

251

(4)

Enforcement and Remedies: Judicial Review and Its Limitations

255

(9)

Civil and Criminal Enforcement of Rights Under U.S. Law

264

(9)

PART III. INTERNATIONAL HUMAN RIGHTS

273

(610)

The International Human Rights Movement

274

(21)

The Internationalization of Human Rights: Antecedents, History, and Theory

276

(10)

The Universal Declaration of Human Rights

286

(9)

The International Law of Human Rights

295

(194)

Introduction: International Law in General: Character and Sources

295

(25)

Principal International Human Rights Agreements and Instruments

320

(10)

Selected International Conventions

330

(8)

Regional Human Rights Arrangements

338

(11)

Customary Law of Human Rights and Nonbinding Human Rights Regimes

349

(9)

The Human Rights of Women

358

(47)

Human Rights of Persons Between States: International Instruments Relating to Refugees

405

(21)

Beyond Individual Rights

426

(63)

Implementation of Human Rights

489

(281)

Implementation of International Convenants and Conventions by Treaty Bodies

491

(32)

Regional Arrangements

523

(85)

International Criminal Law

608

(57)

Implementation by International Adjudication: The International Court of Justice

665

(19)

International Political Implementation and Enforcement---The United Nations

684

(53)

Implementation by Non-Governmental Organizations

737

(33)

International Human Rights Obligations of the United States

770

(113)

United States Adherence to Human Rights Treaties

783

(11)

Judicial Enforcement of International Human Rights Obligations of the United States

794

(17)

U.S. Enforcement of International Human Rights Law Against Foreign Violators

811

(72)

PART IV. SELECTED RIGHTS COMPARED

883

(326)

Civil Rights

885

(180)

The Right to Life, and Capital Punishment

886

(36)

Autonomy and Privacy

922

(60)

Freedom of Expression

982

(43)

Equality, Non-discrimination and Affirmative Action

1025

(40)

Political Rights

1065

(41)

Economic and Social Rights

1106

(103)

Economic and Social Rights as Rights

1107

(11)

Rights to Property and Freedom of Enterprise

1118

(31)

Social Welfare Rights

1149

(31)

The Right to Education

1180

(29)

Epilogue

1209

(12)

Index

1221

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Human Rights

Summary

Table of Contents

Supplemental Materials