The Cambridge Handbook of New Human Rights: Recognition, Novelty, Rhetoric

Cambridge University Press, 1/2/2020
EAN 9781108484732, ISBN10: 1108484735

Hardcover, 720 pages, 25.7 x 18.3 x 3.6 cm
Language: English

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 assistance
35. Comment from a human right to invoke consular assistance in the host state to a human right to claim diplomatic protection from one's state of nationality?
Part VI. Governance Rights
36. Remnants of a constitutional moment
the right to democracy in international law
37. Comment
the human right to democracy in international law
coming to moral terms with an equivocal legal practice
38. A right to administrative justice – 'new' or just repackaging the old?
39. Comment
the African right to administrative justice versus the European Union's right to good administration
new human rights?
40. Anti-corruption
recaptured and reframed
41. Comment
towards a human rights approach to corruption
42. Bentham Redux
examining a right of access to law
43. Comment
a right of access to law – or rather a right of legality and legal aid?