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Can we Still Afford Human Rights?

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Can we Still Afford Human Rights?

Critical Reflections on Universality, Costs and Proliferation

9781839100314 Edward Elgar Publishing
Edited by Jan Wouters, Full Professor of International Law and International Organizations, Jean Monnet Chair ad personam EU and Global Governance and Director, Institute for International Law, Leuven Centre for Global Governance Studies, Koen Lemmens, Associate Professor of International and European Human Rights Law and Media Law, Leuven Centre for Public Law, Thomas Van Poecke, PhD Fellow Research Foundation Flanders (FWO) Institute for International Law, Leuven Centre for Global Governance Studies and Marie Bourguignon, PhD Researcher, Leuven Centre for Public Law, KU Leuven, Belgium
Publication Date: October 2020 ISBN: 978 1 83910 031 4 Extent: c 368 pp
This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and cost, it asks the provocative question, can we still afford human rights?

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This insightful book offers a critical reflection on the sustainability and effectiveness of the Universal Declaration of Human Rights (UDHR) and its legacy over the last 70 years. Exploring the problems surrounding universality, proliferation and cost, it asks the provocative question, can we still afford human rights?

Expert contributors illustrate the interdependence between these three key issues in an unprecedented way, addressing many of the contemporary criticisms voiced against the human rights system and the reasons for popular skepticism about human rights. In order to interrogate the deficiencies of the UDHR, chapters analyze the following questions: Can and should we keep claiming that human rights are universal? Is their proliferation rendering human rights meaningless? And have human rights become too costly? The book concludes that there is a pressing need for a renewed and lasting commitment to human rights; we cannot afford not to afford human rights.

This book will be a valuable resource for academics and students of international relations, the political sciences and comparative legal studies. Covering policy and advocacy issues as well as the evolution of case law regarding particular human rights, it will also be beneficial for policy-makers and human rights practitioners.
Contributors
Contributors include: G. Arosemena, M. Bourguignon, N. Broeckhoven, N. Goetschalckx, F. Gómez Isa, B. Kleine Deters, K. Lemmens, P. Lemmens, J. Lievens, K.D. Magliveras, K. McCall-Smith, M. Meulebrouck, D. Palombo, L. Reyntjens, H. Sommer, D. Townsend, T. Van Poecke, N. Verbrugghe, J. Wouters, D. Yared
Contents
Contents:

INTRODUCTION
1. The Interdependence of Issues Relating to the Universality, Proliferation and Costs of Human Rights
Thomas Van Poecke, Marie Bourguignon, Jan Wouters and Koen Lemmens

PART I: THE UNIVERSALITY OF HUMAN RIGHTS
2. The Mythic Universality of the Universal Declaration on Human Rights: Revisiting the Drafting History of the UDHR in Search for a Foundational Theory
Nick Goetschalckx
3. The Case for a Comprehensive Global Human Rights Treaty under UN Auspices
Prof. Dr. Konstantinos D. Magliveras
4. The Universality of Human Rights: A European perspective
Prof. Dr. Paul Lemmens
5. Recognition of Same-Sex Relationships under the ECHR: Till Death – or the Lack of European Consensus – Do Us Part
Dr. Johan Lievens and Nele Verbrugghe

Part II: THE PROLIFERATION OF HUMAN RIGHTS
6. The Proliferation of Human Rights: Between Devotion and Calculation
Prof. Dr. Kasey McCall-Smith
7. Human Rights Adjudication: Between Hopes and Failures
Dr. Dalia Palombo
8. Sustainable Development in “New Generation” Trade Agreements of the European Union: Towards Integration or Fragmentation of the Human Rights Language?’
Michelle Meulebrouck
9. Denationalization under the EC(t)HR: A Need for an Autonomous Human Right to a Nationality?
Louise Reyntjens

PART III: THE COSTS OF HUMAN RIGHTS
10. Economic, Social and Political Costs of the (Non-)Realization of Human Rights: Towards a New Social Contract
Prof. Dr. Felipe Gómez Isa
11. Conflicts in Human Rights-Based Development
Dr. Gustavo Arosemena and Bart Kleine Deters
12. Rights and Development: The Costs of Human Rights in Ethiopia
Dr. Dina Townsend and Dr. Nicky Broeckhoven
13. The Least Financially Accountable Branch? The Right to Health and the Judiciary’s Power of the Purse: An Israeli Perspective
Dr. Hillel Sommer


CONCLUSION
14. The Human Rights Project: Perspectives on Universality, Proliferation and Costs of Human Rights
Dima Yared

Index

This title is available for institutional purchase via Elgaronline.

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eISBN: 978 1 83910 032 1
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