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Human Rights Collection 2019

Human Rights Day honours the adoption of the Universal Declaration of Human Rights (UDHR) by the United Nations General Assembly on 10 December, 1948. Whilst the UDHR is not binding on Member States, it has seen broad international acceptance as a common standard for the concept of human rights, and is referred to in the preambles of almost all international and regional human rights treaties.

Themed around the thirty articles of the UDHR, the following collection of book chapters, journal articles, and Max Planck Encyclopedia entries expand upon these key principles of human rights law, from the right to life, to the freedom of opinion and expression.

All featured content from Oxford Public International Law, Oxford Constitutional Law, Oxford Scholarship Online, and Oxford Journals is free to read until 29 February 2020.

 

Right to Equality in Dignity and Rights

Human Dignity and Autonomy in Modern Constitutional Orders
By Matthias Mahlmann. From The Oxford Handbook of Comparative Constitutional Law, edited by Michel Rosenfeld and András Sajó.

Freedom from Discrimination

Discrimination, Old and New
From Outsiders: Why Difference is the Future of Civil Rights, by Zachary Kramer.

The Prohibition of Discrimination and Private International Law
From Human Rights and Private International Law, by James Fawcett, Máire Ní Shúilleabháin and Sangeeta Shah

Right to Life, Liberty, and Personal Security

Protection of Human Existence: Right to Life and Subsistence Rights
From The Law of International Human Rights Protection (2nd Edition), by Walter Kälin and Jörg Künzli.

Introduction: Six Paradigmatic Cases
From Last Chance for Life: Clemency in Southeast Asian Death Penalty Cases, by Daniel Pascoe.

The Right Not to be Dominated: The Case Law of the European Court of Human Rights on Migrants’ Destitution
By Lieneke Slingenberg. From Human Rights Law Review.

Freedom from Slavery

The Anti-Slavery Movement and the Rise of International Non-Governmental Organizations
By Jenny S Martinez. From The Oxford Handbook of International Human Rights Law, edited by Dinah Shelton.

Freedom from Torture and Degrading Treatment

Prohibition of Torture
By Natasha Simonsen. From the Max Planck Encyclopedia of Comparative Constitutional Law.

Introduction: United Nations Convention Against Torture
From The United Nations Convention Against Torture: A Commentary, edited by Manfred Nowak and Elizabeth McArthur.

Right to Equality before the Law

Structural Principles: Equality
By Jarlath Clifford. From The Oxford Handbook of International Human Rights Law, edited by Dinah Shelton.

The Emerging LGBTI Rights Challenge to Transitional Justice in Latin America
By Pascha Bueno-Hansen. From the International Journal of Transitional Justice.

Right to Remedy by Competent Tribunal

The Institutional Framework: The Functions and Competence of Human Rights Tribunals
From Remedies in International Human Rights Law (3rd Edition), by Dinah Shelton

Freedom from Arbitrary Arrest and Exile

Fundamental Requirements of Due Process: Prohibition of Arbitrary Detention
From Human Rights in Times of Conflict and Terrorism, by Louise Doswald-Beck.

Towards a Complete Prohibition on the Immigration Detention of Children
By Ciara M Smyth. From Human Rights Law Review.

Right to Fair Public Hearing

Right to a Fair Trial in Civil Law Cases
By Ana Koprivica. From the Max Planck Encyclopedia of Comparative Constitutional Law.

The Right to a Fair Trial
From Human Rights and Private International Law, by James Fawcett, Máire Ní Shúilleabháin and Sangeeta Shah

Right to be Considered Innocent until Proven Guilty

The Specific Rights of the Defence: The Right to be Presumed Innocent
From Human Rights in Criminal Proceedings, by Stefan Trechsel.

Freedom from Interference with Privacy, Family, Home and Correspondence

Article 16: The Right to Protection of Privacy, Family, Home, Correspondence, Honour, and Reputation
By John Tobin and Sarah M Field. From The UN Convention on the Rights of the Child: A Commentary, edited by John Tobin.

Right to Free Movement in and out of the Country

Freedom of Movement, International Protection
By Eckart Klein. From the Max Planck Encyclopedias of International Law.

Right to Asylum in other Countries from Persecution

Asylum, Territorial
By Kay Hailbronner and Jana Gogolin. From the Max Planck Encyclopedias of International Law.

Many Rivers to Cross: The Recognition of LGBTQI Asylum in the UK
By Moira Dustin. From the International Journal of Refugee Law.

Right to a Nationality and the Freedom to Change It

Nationality and Human Rights: The Protection of the Individual in External Arenas
From Human Rights and World Public Order: The Basic Policies of an International Law of Human Dignity (2nd Edition), by Myres S. McDougal, Harold D. Lasswell, and Lung-chu Chen.

Right to Marriage and Family

The Right to a Family Life
By Alison Perry. From the Max Planck Encyclopedia of Comparative Constitutional Law.

The Private Life of Family Matters: Curtailing Human Rights Protection for Migrants under Article 8 of the ECHR? 
By Alan Desmond. From the European Journal of International Law.

Right to Own Property

Property Rights and Natural Resources: States, Communities, and Corporations
From Natural Resources and Human Rights: An Appraisal, by Jérémie Gilbert.

Freedom of Belief and Religion

The Underlying Principles of Freedom of Religion or Belief—Towards a Holistic Conceptualization
From Freedom of Religion or Belief: An International Law Commentary, by Heiner Bielefeldt, Nazila Ghanea, and Michael Wiener.

How could religious liberty be a human right?
By Andrew Koppelman. From the International Journal of Constitutional Law.

Freedom of Opinion and Information

Freedom of Opinion and Expression, International Protection
By Nicola Wenzel. From the Max Planck Encyclopedias of International Law.

Rights Speech
From The Dynamic Free Speech Clause: Free Speech and its Relation to Other Constitutional Rights, by Timothy Zick

Freedom of Expression Narratives after the Charlie Hebdo Attacks
By Sejal Parmar. From the Human Rights Law Review.

Right of Peaceful Assembly and Association

Freedom of Assembly, International Protection
Brownlie's Principles of Public International Law (8th Edition), edited by James R Crawford, 2012

Right to Participate in Government and in Free Elections

Elections
By Sara Pennicino. From the Max Planck Encyclopedia of Comparative Constitutional Law.

Freedom of expression, the right to vote, and proportionality at the European Court of Human Rights: An internal critique
By Alain Zysset. From the International Journal of Constitutional Law.

Right to Social Security

Right to Social Security
By Irene Sobrino Guijarro. From the Max Planck Encyclopedia of Comparative Constitutional Law.

Right to Desirable Work and to Join Trade Unions

Labour Rights
By Luke Mason. From the Max Planck Encyclopedia of Comparative Constitutional Law.

Whose Autonomy is it Anyway? Freedom of Contract, the Right to Work and the General Principles of EU Law
By Niall O'Connor. From the Industrial Law Journal.

Right to Rest and Leisure

Article 31: The Right to Rest, Leisure, Play, Recreation, and Participation in Cultural Life and the Arts
By Gerison Lansdown and John Tobin. From The UN Convention on the Rights of the Child: A Commentary, edited by John Tobin.

Right to Adequate Living Standard

Standard of Living, Promotion of
By Chris Maina Peter. From the Max Planck Encyclopedias of International Law.

Rights in Public Spaces
From Getting By: Economic Rights and Legal Protections for People with Low Income, by Helen Hershkoff and Stephen Loffredo.

Right to Education

The Right to Education
From Comparative Human Rights Law, by Sandra Fredman.

What Would Martin Luther King Jr. Say? Teaching the Historical and Practical Past to Promote Human Rights in Education
By Thomas Nguyen and Brian Johnsrud. From the Journal of Human Rights Practice.

Right to Participate in the Cultural Life of Community

Right to Participate in Cultural Life, International Protection
By Roger O'Keefe. From the Max Planck Encyclopedias of International Law.

Right to a Social Order that Articulates this Document

The Institutional Future of the Covenants: A World Court for Human Rights?
By Felice D Gaer. From The Human Rights Covenants at 50: Their Past, Present, and Future, edited by Daniel Moeckli, Helen Keller, and Corina Heri.

Community Duties Essential to Free and Full Development

Right Holders and Duty Bearers
From Human Rights: Between Idealism and Realism, Third Edition, by Christian Tomuschat

 

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Other Human Rights Collections

Explore a specially curated collection of articles from the Max Planck Encyclopedia of International Procedural Law examining key aspects of international procedural law and human rights. Learn more about the special procedures of human rights bodies, the right to victim participation in international criminal proceedings, and the balancing test of the European Court of Human Rights.

Further Reading

The First Amendment in the Trump Era

The EU Treaties and the Charter of Fundamental Rights: A Commentary

The Limits of Human Rights

HATE: Why We Should Resist it With Free Speech, Not Censorship

Employment Law and Human Rights (Third Edition)

A False Tree of Liberty: Human Rights in Radical Thought

Disorderly Borders: How International Law Shapes Irregular Migration

Advocates of Humanity: Human Rights NGOs in International Criminal Justice

 

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