The Jurisprudence of Human Rights Law

A convergence of opinions by human rights experts on rulings regarding key issues by various national, regional, and international courts and tribunals. Each essay uses material from a variety of jurisdictions and compares the outcomes of, and reasoning by, constitutional or supreme courts and international human rights courts.

Acknowledgments

vii

Contributors

ix

Introduction

1

(26)

Theodore S. Orlin

Martin Scheinin

Is the Death Penalty an Inhuman Punishment?

27

(20)

Manfred Nowak

The Death Row Phenomenon: A Comparative Analysis

47

(26)

Markus G. Schmidt

The Right to Life/The Right to Die: The Rights, Their Interrelationship and The Jurisprudential Problems

73

(60)

Theodore S. Orlin

Holocaust Denial and Freedom of Expression

133

(26)

Markus G. Schmidt

Raphaele L. Vojtovic

The Right to Enjoy A Distinct Culture: Indigenous and Competing Uses of Land

159

(64)

Martin Scheinin

The Right to Privacy: Some Implications for Confidentiality in the Context of HIV/AIDS

223

(30)

Sofia Gruskin

Aart Hendriks

The Right Not to Be Discriminated Against: The Case of Social Security

253

(34)

Catarina Krause

Martin Scheinin

Epilogue

287

(12)

Allan Rosas

Bibliography

299

(12)

Index of Cases

311

(8)

Subject Index

319

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The Jurisprudence of Human Rights Law

Summary

Table of Contents

Supplemental Materials