The Cambridge Handbook of New Human Rights

Recognition, Novelty, Rhetoric

Andreas von Arnauld (Redaktør) ; Kerstin von der Decken (Redaktør) ; Mart Susi (Redaktør)

The Cambridge Handbook of New Human Rights

The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Les mer
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The Cambridge Handbook of New Human Rights

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.

Introduction; Part I. Cross-Cutting Observations: 1. Recognition of new human rights: phases, techniques and the approach of 'differentiated traditionalism'; 2. Novelty in new human rights: the decrease in universality and abstractness thesis; 3. Rhetoric of rights: a topical perspective on the functions of claiming a 'human right to ...'; Part II. Public Good Rights: 4. Access to water as a new right in international, regional and comparative constitutional law; 5. Comment: something old, something new, something borrowed and something blue: lessons to be learned from the oldest of the 'new' rights - the human right to water; 6. The human right to adequate housing and the new human right to land: congruent entitlements; 7. Comment: the human right to land: 'new right' or 'old wine in a new bottle'?; 8. The right to health under the ICESCR - existing scope, new challenges, and how to deal with it; 9. Comment: strong new branches to the trunk - realizing the right to health decentrally; 10. The human right to a clean environment and rights of nature: between advocacy and reality; 11. Comment: the right to environment: a new, internationally recognized, human right; Part III. Status Rights: 12. The Inter-American Convention on Protecting the Human Rights of Older Persons; 13. Comment: the status of the human rights of older persons; 14. Gender recognition as a human right; 15. Comment: pre-existing rights and future articulations: temporal rhetoric in the struggle for trans rights; 16. The rights of indigenous people - everything old is new again; 17. Comment: the evolution and revolution of indigenous rights; 18. Animal rights; 19. Comment: sentience, form and breath: law's life with animals; Part IV. New Technology Rights: 20. Right to internet access: Quid Iuris?; 21. Comment: the case for the right to meaningful access to internet as a human right in international law; 22. The right to be forgotten; 23. Comment: the RTBF 2.0; 24. The fruits of someone else's labor: gestational surrogacy and rights in the twenty-first century; 25. Comment: birthing new human rights - reflections around a hypothetical human right of access to gestational surrogacy; 26. The relevance of human rights for dealing with the challenges posed by genetics; 27. Comment: the challenge of genetics: human rights on the molecular level?; Part V. Autonomy and Integrity Rights: 28. The right to bodily integrity; 29. Comment: from bodily rights to personal rights; 30. The nascent right to psychological integrity and mental self-determination; 31. Comment: critical reflections on the need for a right to mental self-determination; 32. Rights related to enforced disappearance: new rights in the International Convention for the Protection of All Persons from Enforced Disappearance; 33. Comment: the emergence of the right not to be forcibly disappeared: some comments; 34. The emergent human right to consular notification, access and assi

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