INTERIGHTS produces two regular publications - the Bulletin and
the Commonwealth Human Rights Law Digest. We also publish a range
of books on specific human rights issues, all detailed below.
INTERIGHTS Bulletin
Positive Obligations of States and the Protection of Human Rights - NEW ISSUE 15(3)
The recognition of a duty incumbent upon states ‘to take action’ is, at base, the common denominator of all understandings of the notion of ‘positive obligations’. In the specific context of international human rights law, the notion is one which has been frequently invoked both by treaty-monitoring bodies and in the academic literature; however, the term apparently bears differing meanings for different writers, depending on the context and the obligation under discussion. A number of different uses can accordingly be discerned, which to some extent overlap and interact.
This edition of the Bulletin contains contributions disclosing various understandings of the notion of positive obligations, particularly with respect to security and the rule of law, equality and economic, social and cultural rights and discussing different specific aspects of the concept and its application.
It will be an invaluable resource for legal practitioners, policy makers and academics wishing to deepen their understanding of positive obligations and the improved human rights protection that observance of such obligations may afford. Click here for a list of contents.
Subscribe to the Bulletin
The Bulletin contains substantive articles on issues of international human
rights law, news and comment on significant developments as well as reviews of important new publications. It also
features a useful pull-out section - 'International Law Reports' - which holds summaries of major recent decisions of
international tribunals applying international human rights law. There are four issues per volume. A four-issue
subscription is �48 / US$82 for organisations; �36 / US$64 for individuals; and �24 / US$46 for
students. You can buy single issues for £8. Selected or composite issues of the Bulletin also available in Hungarian, Bulgarian, Russian and French. Click here for
PDFs of previous versions from Volumes 10 to 14.
To subscribe today, please email Justin Fraterman at: jfraterman@interights.org
Commonwealth Human Rights Law Digest
Autumn/Winter 2005 Volume 5 Issue 2 Now Available
This latest issue of the Digest summarises cases decided by national courts in 20 different Commonwealth jurisdictions across 32 major issues.
Highlights of Volume 5 Issue 2, include: Secretary of State for the Home Department v Limbuela , in which the UK Court of Appeal considered it unacceptable to deny welfare support to failed asylum seekers effectively forcing them into destitution;Boyce & Anor v R ( Barbados) , where the Privy Council held that the death penalty, although unacceptable by international standards, remained constitutional in Barbados; A & Ors v Secretary of State for the Home Department , in which the UK House of Lords held that indefinite detention without charge of foreign nationals suspected of terrorism was disproportionate and discriminatory; Zahira Sheik & Anor v State of Gujarat , in which the Indian Supreme Court held that the courts must play an active role in protecting witnesses not only to guarantee their own safety but to ensure proper administration of justice; Port Elizabeth Municipality v Various Occupiers , where the South African Constitutional Court held that the eviction of illegal occupiers was unreasonable as it must be considered in the light of factors such as morality and social implications; Zaoui v Attorney General , in which New Zealand’s new Supreme Court concluded that it had inherent jurisdiction to determine whether a refugee detained on national security grounds should be granted bail.
Subscribe to the Digest
The Digest is the only legal report focusing exclusively on human rights cases from Commonwealth jurisdictions. It provides up to 150 detailed case summaries of recent significant human rights decisions per three-issue volume to over 1,400 lawyers, judges, law libraries, government ministries and human rights organisations in developing and developed countries across the Commonwealth and beyond. These summaries are categorised and cross-referenced by over 50 major headings and 200 sub-headings. Each Volume is supplemented by an Index, which is distributed free of charge to existing subscribers. This is with the kind support of the Commonwealth Secretariat, the International Bar Association and the Law Society.
In addition to the Digest, INTERIGHTS' free online Database of Commonwealth Human Rights Law contains over 1,000 short summaries of cases searchable by jurisdiction and theme. The index for Volume 4 is also now available.
Subscription is �45 / US$90 per volume, with three issues per volume. For a sample editorial, please click here.
To subscribe today, please email Justin Fraterman at: jfraterman@interights.org
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'Honour': Crimes, Paradigms and Violence Against Women
Edited by Lynn Welchman and Sara Hossain (Zed Press, 2005) £60 hardback, also available for £19.95 in paperback.
This book arises from the practical insights and experiences of individuals and organisations addressing so-called ‘honour crimes’ in different geographic and social contexts, including ‘honour killings’ and interference with the right to marry. The book was published with the support of the Ford Foundation in Cairo and New York. It has been published in the UK, Australia and India.
Read a review of the book by the Association of Women in Development, hosted at the website of Women Living Under Muslim Laws.
Customers from the UK can purchase the book from Zed Press here.
Australian customers can purchase the book from Spinifex Press here.
Indian customers can purchase the book from Zubaan here.
The ‘War on Terror’ and the Framework of International Law
Written by Helen Duffy, INTERIGHTS (Cambridge University Press, 2005) £60 hardback. Written by INTERIGHTS' Legal Director, this book aims to set out in an accessible manner the international legal framework governing terrorism and counter terrorism, and to highlight examples of international practice since 11 September 2001. It seeks to assist practitioners and others grappling through the fog of the ‘war on terror’, in which international law is often notably absent. Ultimately it hopes to counter the perception of legal vacuum and the challenge to legality that some of the worst features of the ‘war on terror’ represent. For more information on the book and how to purchase a hardback copy, please go to: the CUP website.
Reviews of the book:
Harvard International Review Spring 2006 features this review by Frank Anerchiarico
European Human Rights Law Review (1) 2006 features this review by Professor Brice Dickson of Queen's University, Belfast.
International legal human rights organisation JUSTICE reviewed the book in their 2005 journal. To find out more about JUSTICE's other publications, click here.
Professor David Schultz of Hamline University, USA has written a review for the Law and Policy Book Review 16(1), 2006.
Review by Francesca Klug in International Affairs (3) 2006, available at Political ReviewNet.
Non-Discrimination in International Law: A Handbook for Practitioners
This is an online Handbook on international and comparative non-discrimination law that offers a comprehensive
introduction to equality and non-discrimination for the practitioner. Non-Discrimination in International Law:
A Handbook for Practitioners integrates theories of equality and non-discrimination, the jurisprudence of
international and domestic courts, and analyses of the discrete grounds of discrimination.
Access to
Justice in a Changing World: Collection of Papers and Suva Statement on the Principles of Judicial Independence and
Access to Justice
This collection is the result of the Judicial Colloquium held in Suva, Fiji in August 2004, co-organised by INTERIGHTS,
the Fiji Human Rights Commission and the Fiji Judiciary. This collection features papers presented at the event by
Commonwealth judges, and commentaries from local Fiji judges, on the topics of judicial independence, liberty and security
of the person, and ensuring access to justice for marginalised groups. It incorporates the Suva Statement, the final
communiqu� agreed by the participants. Hypertext links in the Table of Contents allow you to go directly to the different
sections of the collection.
Book on the Right to Fair Trial under the European Convention on Human Rights (ECHR) and
the Compatibility of Russian Law and Practice with ECHR Standards
This publication in Russian has been prepared by our partners from Sutyajnik, Yekaterinburg, Russia with assistance from
INTERIGHTS. It is the second of two joint publications, the first being on the rules of application and procedure before
the European Court of Human Rights. In April 2005, Sutyajnik published a third volume of their Russian language
International Human Rights Protection series. The volume is devoted to the right to liberty and security and includes
an article by Professor Jeremy McBride, Vice Chair of INTERIGHTS' Board of Trustees. The three books are available in
hard copy from Sutyajnik or in PDF from their
website.
The Right to Liberty and Security of the Person: European Standards and Russian Practice
Sutyajnik (Yekaterinburg, Russia), a local partner of INTERIGHTS, has published the third volume of their Russian language
International Human Rights Protection series.
The book contains legal analysis of obligations of the High Contracting Parties under Article 5 of the European Convention on
Human Rights and practice of the European Court of Human Rights on this issue. The authors explore Russian judicial practice
and current problems in the sphere of the right to liberty and security of the person. Part of the book is based on Sutyajnik's
practise before the European Court on the case of Rakevich v Russia, on which INTERIGHTS acted as adviser to counsel.
Professor Jeremy McBride, Vice Chair of INTERIGHTS' Board of Trustees is a co-author of the book.
For more details, please access their website.
Strategic Litigation of Race
Discrimination in Europe:
From Principles to Practice (A manual on the theory and practice of strategic litigation with particular reference to the EC
Race Directive)
Together with partners, European Roma Rights Center and Migration Policy Group, INTERIGHTS has produced Strategic Litigation
of Race Discrimination in Europe: From Principles to Practice (A manual on strategic litigation with particular reference to
the EC Race Directive).
The manual is intended to assist lawyers in NGOs, specialised bodies, and working in private practice in strategically
selecting and developing cases that will lead to the greatest progress towards protection against discrimination. Given
the very large number of cases that will fall within the purview of the EC Race Directive, litigators will increasingly
be faced with many cases worthy of intervention. The reality of limited resourcesmeans that many lawyers will have to be
selective about those cases they take forward to regional or international litigation. Partners would like to thank the
participants of the Strategic Litigation Workshop held at INTERIGHTS in October 2003 whose contributions have been included
in several chapters of this manual.
'Implementing European Anti-Discrimination Law' was a three-year joint project of the European Roma Rights Center, INTERIGHTS
and Migration Policy Group, which aims to support local and regional groups and individuals in making the most of the historic
opportunity for enhanced anti-discrimination efforts created by the EC Race Equality Directive.
Economic, Social and Cultural Rights in Practice:
The Role of Judges in Implementing Economic,Social and Cultural Rights
Edited by Yash Ghai and Jill Cottrell (INTERIGHTS, 2004), UK�20 / US$38. The book features essays written by leading experts
from five major international legal systems debating the issue based on experiences within their respective countries - Canada,
India, South Africa, UK and Hungary - with a view to drawing conclusions about how the judiciary can better implement ESCR. It
includes a comprehensive list of relevant international decisions on ESCR and a full bibliography of publications discussing
ESCR.
Joint Publications on Access to Justice in Central and Eastern Europe:
Source Book, Country Reports and Forum Report
Published in December 2003, these three books examine the state of legal aid and access to justice in the Central and East
European region. They are the materials from a joint project promoting access to justice in Central and Eastern Europe,
coorganised by INTERIGHTS, the Public Interest Law Initiative, the Bulgarian Helsinki Committee and the Polish Helsinki
Foundation for Human Rights. They are all available electronically from the Public Interest Law Initiative's website at
the link above. All three are also available in print form, free from INTERIGHTS. Please email Justin Fraterman at: jfraterman@interights.org for your copies.
Expert Report on Judicial Appointments to the European Court
In February 2003, a group of eminent European jurists met in London to consider the issue of judicial independence with respect
to the current procedure for judicial appointments to the European Court of Human Rights (the Court). This report details
their deliberations and contains their recommendation
The Report reviews the current procedures for the appointments of judges to the Court both at the domestic nomination, and
international review and election stages. It concludes that at all levels the processes lack transparency and accountability.
Noting international standards on the independence of the judiciary, the Report makes a number of recommendations for reform
of the system of judicial appointments.
The Report is published in English and French. Click here for the
English version and here for the French. If you would like hard
copies sent to you, please send your request to: ir@interights.org
Guidelines on the Right to a Fair Trial and Legal Assistance in Africa
The Guidelines on the Right to a Fair Trial were coordinated by INTERIGHTS and drafted jointly by its staff and the Human Rights Institute of South Africa (HURISA). They were developed from the Declaration and Recommendations of the Dakar Seminar on Fair Trial in Africa held during 9 to 11 September 1999. It is hoped that states will adopt these guidelines within their national legislation.
They were adopted by Heads of State at the second summit of the African Union held in Maputo in July 2003.
Read the full text of the Guidelines issued by the African Commission on Human and Peoples' Rights here.
Anti-Discrimination Legal Reports
Legal analyses of the state of anti-discrimination law in 25 European countries (15 EU member states and 10 Central and Eastern
European accession states) are now available. Part of an ongoing European anti-discrimination project, these reports set
forth the de jure and de facto national situation and assess which requirements of the EU Race Directive are
not met by existing national legislation. It also briefly touches upon the government's position to date regarding Protocol
No. 12 of the European Convention on Human Rights. The reports may be found on our project partner's website at
www.migpolgroup.com/publications/default.asp. Alternatively, hard copies are available free of charge from INTERIGHTS.
Universal Rights, Local Remedies: Implementing Human Rights in the Legal Systems of Africa
Edited by Abdullahi Ahmed An-Na'im (INTERIGHTS, AFRONET and GTZ, 1999), �18. A pioneering attempt to introduce a general
theoretical and strategic framework for applying international human rights norms in Africa. This title is now OUT OF PRINT in English but is available in Arabic and French.
Building Bridges for Rights, Inter-African Initiatives in the Field of Human
Rights
Compiled by Marguerite Garling and Chidi Anselm Odinkalu (INTERIGHTS, 2001), �25. A report mapping cross-border institutions
and initiatives working on human rights in Africa. Free for African NGOs.
Reading Human Rights, An Annotated Guide to a Human Rights Library
Edited by Stephen C Neff (The Nadesan Centre and INTERIGHTS, 1997), �10. Designed to help individuals and groups to
locate easily comprehensible publications on the subject, the Guide contains almost 100 titles of books and journals, each
annotated to assist readers in choosing material of most use to them.
Developing Human Rights Jurisprudence:
The Domestic Application of Human
Rights Norms
Vols 5, 7 and 8 (Volumes 1-4 and 6 are out of print) (Commonwealth Secretariat and INTERIGHTS, dates as below): per volume �19.00. Each volume contains papers by leading human rights lawyers and judges.
Volume 8: Papers from a South Asia Judicial Colloquium held in Bangalore, India, 1998. �25.00
Volume 7: Papers from a Caribbean Judicial Colloquium held in Georgetown Guyana, 1996, �19.00
Volume 6: Papers from a Judicial Colloquium held in Oxford, 1992, �19.00
Freedom of Expression Case Summaries
Selected freedom of expression case summaries from international human rights tribunals and Commonwealth courts, Vols 1
and 2 (INTERIGHTS and ARTICLE 19, 1998), �5 per volume.
International Human Rights in the Commonwealth Caribbean
Edited by Beverly Byfield and Angela Byre (Martinus Nijhoff, 1990). Proceedings of a Caribbean workshop focusing on ways of
strengthening the protection of human rights through constitutional and international laws, �10.
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