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The Right to a Fair Trial: Articles 8, 10 and 11 of the Universal Declaration of Human Rights

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ISBN13: 9789041115072
ISBN: 9041115072
Published: January 2001
Publisher: Brill Academic Publishers
Country of Publication: The Netherlands
Format: Hardback
Price: Out of print



The Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights have established the right to a fair trial as an internationally recognized human rights norm. This volume examines the origins of the right to a fair trial as articulated in the Universal Declaration and the Covenant. The right to a fair trial has been the subject of more interpretation and adjudication than other rights in the Covenant.

Accordingly, the book analyzes the fair trial jurisprudence of the Human Rights Committee under the Covenant. The book also explores the process by which some aspects of the right to a fair trial have gradually been considered non-derogable, that is, not subject to suspension even in times of public emergency. This volume should provide a convenient tool for human rights advocates, judges, lawyers, scholars, and others involved with and interested in the right to a fair trial.

This book is the first volume in The Universal Declaration of Human Rights Series. The series consists of approximately 20 volumes, each dealing with a substantive right (or group of rights) set forth in the Universal Declaration of Human Rights (UDHR).

Each volume is authored by an expert in human rights generally and in the particular subject addressed. Without losing sight of the political context in which the implementation of human rights must occur, each book provides a comprehensive, legally-oriented analysis of the rights concerned, including an examination of the legislative history of the text of each right as adopted in 1948, the right's subsequent articulation and interpretation by international bodies and in subsequent international instruments, and a survey of state practice in defining and enforcing the right.

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Subjects:
Human Rights and Civil Liberties
Contents:
I. Introduction.
II. Travaux preparatoires of the Fair Trial Provisions: Articles 8 to 11 of the Universal Declaration of Human Rights.
III. Travaux preparatoires of the Fair Trial Provisions: Articles 14 and 15 of the International Covenant on Civil and Political Rights.
IV. Travaux preparatoires to Article 4 of the International Covenant on Civil and Political Rights: Non-derogable rights and how they refer to the Right to a Fair Trial.
V. Interpretations of Fair Trial Norms by the Human Rights Committee: Articles 14 and 15 of the International Covenant on Civil and Political Rights.
VI. Concluding Remarks. Bibliography.