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Book cover of Access to Justice as a Human Right by Francesco Francioni

Access to Justice as a Human Right

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580

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Book Description

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Author portrait of Francesco Francioni

Francesco Francioni

Francesco Francioni studied law at the University of Florence and at Harvard University, where he obtained a master's degree in 1968. He was a professor at the Faculty of Law of the University of Siena from 1980 to 2003 where he directed the International Peace Studies Centre and the Jean Monnet Chair in European law (1999-2003). Since 2003, he has been a professor at the European University Institute in Florence. His first contacts with World Heritage date back to 1992, when he was hired by the Italian and French governments to provide legal advice on the proposed autonomy of the new World Heritage Centre. He subsequently attended World Heritage Committee meetings from 1993 to 1998 as legal counsel for the Italian delegation, and was Chairman of the 21st session of the Committee in 1997 in Naples. During his tenure, he traveled to Kakadu National Park, Australia, to assess the potential impacts of the Jabiluka Mine on the World Heritage site. A specialist in international cultural heritage and human rights law, Francesco Francioni has been involved in several UNESCO cultural conventions. He played a leading role in the drafting of the Second Protocol to the 1954 Hague Convention for the Protection of Cultural Property in the Event of Armed Conflict. He also chaired the UNESCO meeting of experts held in Turin in 2001 to define the concept of intangible heritage in the Convention for the Safeguarding of the Intangible Cultural Heritage of 2003. He is a prolific author, and has notably published The 1972 World Heritage Convention: A Commentary (2008) and Enforcing International Cultural Heritage Law (2013), both at Oxford University Press.
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