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Comparative Human Rights Law

Autor Sandra Fredman
en Limba Engleză Paperback – 12 oct 2026
Courts across the world increasingly confront strikingly similar human rights questions. Does the death penalty breach fundamental rights? Does freedom of expression extend to racist speech? What limits may be placed on freedom of religion? Is there a right to health, housing, or education? The shared language of human rights suggests that comparable problems might attract similar solutions. Yet judicial answers often diverge, shaped by constitutional texts, institutional relationships between courts and legislatures, and differing social, political, and historical contexts. This book uses the prism of comparative law to explore the rich and evolving transnational dialogue through which courts respond to some of the most demanding human rights challenges of our time.Rather than offering an encyclopaedic survey, Comparative Human Rights Law provides a lively and thematic account of comparative human rights adjudication. It asks similar questions across jurisdictions and rights areas in order to illuminate both common patterns and significant divergences in judicial reasoning. Judges grappling with acutely difficult cases must interpret their constitutional mandates, fundamental values, and institutional roles. Their decision-making is nevertheless enriched&#8212whether affirmatively or critically&#8212by engaging with how courts elsewhere have approached comparable issues. This deliberative comparative perspective lies at the heart of the book and is intended to inspire further comparative inquiry into pressing and emerging human rights debates.The second edition has been fully updated to reflect significant developments in law and practice. Part I examines cross-cutting themes that shape contemporary human rights adjudication, including positive obligations, the role of private and corporate actors, and renewed debates about the relationship between courts and legislatures, now sharpened by challenges such as the climate crisis and artificial intelligence. Part II turns to the institutional and interpretive dimensions of adjudication, exploring the relationship between courts and democracy, approaches to constitutional interpretation, and questions of access to justice, remedies, and compliance. Part III applies these insights to a comparative analysis of human rights jurisprudence across jurisdictions, focusing on particularly contested issues including the death penalty, abortion, health, housing, speech, education, and religion. Importantly, the book bridges divides between civil and political rights and socio-economic rights, and between the Global North and the Global South, providing a distinctive global lens on the future direction of human rights law.
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Specificații

ISBN-13: 9780198936336
ISBN-10: 0198936338
Pagini: 624
Dimensiuni: 170 x 244 mm
Ediția:2
Editura: OUP OXFORD
Colecția OUP Oxford
Locul publicării:Oxford, United Kingdom

Notă biografică

Sandra Fredman is Professor of Law at the University of Oxford and Director of the Oxford Human Rights Hub. She is a Fellow of the British Academy and King's Counsel (honoris causa), and holds an honorary doctorate from the University of Ghent. She has published widely, with numerous peer-reviewed publications in the fields of gender equality, feminism and the law, discrimination law, labour law, and comparative human rights, with a particular focus on socio-economic rights. Her books include Discrimination Law (3rd edn, 2022), Comparative Human Rights (2018), Human Rights Transformed (2008), and Women and the Law (1997). She has acted as an expert adviser on equality and the right to education for a wide range of governments and organisations. Her current research includes care as a constitutional value, fair work for gig workers, gender and taxation, and the right to early childhood education.

Recenzii

Fredman brings her experience and knowledge forth to give a concise background on the last 70 years of the study and practice of this area of law ... At the conclusion of the treatise, readers will have a better understanding of the difficulties faced in defining what these rights are and how to judiciously find meaning and application. Fredman allows the reader to reach their own conclusions on these rights while providing a narrative of past judicial interpretation concerning these global issues.

Cuprins

  • Part I
  • 1: Foreign Fads or Fashions: The Role of Comparativism in Human Rights Law
  • 2: What is a Human Right? Dealing with Disagreement
  • 3: Challenging the Divide: Socio-economic Rights as Human Rights
  • 4: Allies or Subversives: Adjudication and Democracy
  • 5: Interpreting Human Rights Law
  • Part II
  • 6: Capital Punishment
  • 7: Abortion
  • 8: The Right to Health
  • 9: The Right to Housing
  • 10: Freedom of Speech
  • 11: The Right to Education
  • 12: Freedom of Religion
  • 13: Conclusion