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Vol 25 No 2 Feb/March 2020

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

Edited by: Andreas von Arnauld, Kerstin von der Decken, Mart Susi

ISBN13: 9781108484732
Published: January 2020
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £160.00

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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.

Human Rights and Civil Liberties
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?