1.

Record Nr.

UNINA9910742500603321

Autore

Pervou Ioanna

Titolo

The Right not to Be Subjected to Enforced Disappearance : Concept, Content and Scope / / by Ioanna Pervou

Pubbl/distr/stampa

Cham : , : Springer Nature Switzerland : , : Imprint : Springer, , 2023

ISBN

3-031-36731-6

Edizione

[1st ed. 2023.]

Descrizione fisica

1 online resource (222 pages)

Disciplina

345.02551

Soggetti

Human rights

Humanitarian law

International law

Peace

Law - Philosophy

Law - History

Human Rights

International Humanitarian Law, Law of Armed Conflict

Public International Law

Peace and Conflict Studies

Theories of Law, Philosophy of Law, Legal History

Lingua di pubblicazione

Inglese

Formato

Materiale a stampa

Livello bibliografico

Monografia

Nota di contenuto

Introduction – The Concept of Enforced Disappearance -- The Content of Enforced Disappearance -- The Scope of the Right Not to Be Subjected to Enforced Disappearance -- The Scope of Truth and Reparation -- Conclusions.

Sommario/riassunto

This book offers a distinctive approach to the right not to be subjected to enforced disappearance. Over the last decade, the entry into force of the UN Convention for the Protection of All Persons from Enforced Disappearance has brought to the forefront of legal discussion the need to effectively address the practice of disappearance. Yet, there are still obstacles to combatting it, which are in part due to a limited understanding of the right’s underlying concept, content and scope. This book examines the phenomenon and definition of enforced



disappearance and sheds new light on the right against disappearance. Presenting a doctrinal appraisal of the norm’s legal value, it suggests that the right against enforced disappearance holds a customary value, while also arguing that it has since attained a jus cogens status. Lastly, it examines in detail the rights to truth and reparation and how regional and national courts have interpreted these norms. It assesses the UN Convention’s dynamics and considers whether the lack of a right against disappearance embedded in regional human rights systems affects individuals’ protection. The book provides an overview of key jurisprudence on disappearances, making it of benefit to both practitioners and theorists of international law.