TY  - BOOK
AU  - Pervou,Ioanna
TI  - The Right not to Be Subjected to Enforced Disappearance: Concept, Content and Scope 
SN  - 9783031367311
U1  - 341.48 23
PY  - 2023///
CY  - Cham
PB  - Springer Nature Switzerland, Imprint: Springer
KW  - Human rights
KW  - Humanitarian law
KW  - International law
KW  - Peace
KW  - Law
KW  - Philosophy
KW  - History
KW  - Human Rights
KW  - International Humanitarian Law, Law of Armed Conflict
KW  - Public International Law
KW  - Peace and Conflict Studies
KW  - Theories of Law, Philosophy of Law, Legal History
N1  - 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
N2  - 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
UR  - https://doi.org/10.1007/978-3-031-36731-1
ER  -