Stuart Wallace and Clare James have just published a new textbook – Open Access International Human Rights Law. The book, which is available for download and online open access and provides in-depth coverage of the ECtHR and its case-law, features contributions by Stuart Wallace, Clare James, Erika Moranduzzo, Colin Gregory, Zoe Tongue, Ilias Trispiotis, Nazia Yaqub and Nina Herzog.
Abstract
Open Access International Human Rights Law provides an accessible and comprehensive introduction to the principles, institutions and substantive protections that underpin international human rights law. The first part traces the historical development and sources of human rights law, examines foundational principles such as dignity, equality, universality and proportionality, and explains the nature and scope of states’ legal obligations. It also explores the United Nations framework and the European, Inter-American and African regional systems of human rights protection.
The second part considers the interpretation and application of specific rights and areas of protection, including the right to life, environmental and climate justice, refugee law, socio-economic rights, the prohibitions of torture and slavery, freedom of religion or belief, children’s rights, gender and LGBTQI+ rights, and human rights within the criminal justice system. Drawing on international treaties, case law and contemporary developments, the book considers both the achievements and limitations of existing human rights systems.
Written collaboratively by specialists in the field and peer reviewed, this open textbook is an essential open educational resource for international human rights law modules. It is designed for students, educators, practitioners and anyone seeking to understand and apply international human rights law. Its open approach supports the wider availability, teaching and continued development of human rights knowledge worldwide.
Readers of this blog will be interested in the chapter on regional systems, which covers the Council of Europe’s institutions and structures, the substantive rights in the ECHR, the ECtHR’s procedural innovations and jurisdiction, and the doctrine of evolutive or ‘living instrument’ interpretation. This textbook also provides a right-by-right discussion of various human rights norms, extensively featuring the case-law of the Court, and covers the ECtHR’s concepts of margin of appreciation, human dignity, proportionality and extraterritoriality. Lastly, it sheds light on topics of high relevance for the Strasbourg system, including by means of two chapters authored by Erika Moranduzzo: one on migration and refugee law, and one on environmental human rights that engages in depth with the ECtHR’s case-law on environmental and climate issues.
From the editors
The editors of the textbook write:
The book is built around 3 core ideas:
- Freedom – The book is completely free. It can be accessed through a web browser or downloaded in a variety of formats including PDF, EPUB and MOBI for compatibility with e-readers.
- Concise – the chapters should be manageable to read for students with most chapters coming in around 10,000 words.
- Open access – there should be no further barriers (e.g. paywalls) to using the textbook, anyone with an internet connection should be able to access the book and its sources, which are also open access.
The book is published under a creative commons license, which means users can remix, adapt, and build upon the material in any medium or format for noncommercial purposes so long as attribution is given to the creators. It can be freely used by educators or students everywhere. Human Rights are supposed to be universal, we believe knowledge and understanding of them should be universal too!
