Human Security and Human Rights Under International Law : The Protections Offered to Persons Confronting Structural Vulnerability

Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights - civil, political, economic, social and cultural - and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship. Preface 6 Acknowledgements 14 Table of Contents 20 Introduction 26 I. Literature Review and the Current Debate 29 II. The Argument 34 III. Chapter Synopses 39 Part I Conceptual Outlines 44 1 46 Human Security: An Overview 46 I. Historical Evolution of Human Security 46 II. The 2012 "Common Understanding" of Human Security and Beyond 52 III. International, Regional and National Uses of Human Security 56 IV. A Holistic Human Security: All Human Rights and a Threshold Definition 59 2 71 Human Security, International Law and Human Rights 71 I. International Law, Risk and Structural Vulnerability 71 II. Human Security and Human Rights 97 3 111 The Human Security-Human Rights Synergy 111 I. Article 28 of the UDHR and Human Security: An Enabling Environment 111 II. Human Security and "Core Content" of Human Rights 115 III. The Framework in a Nutshell 122 Part II Practical Applications of the Human Security–Human Rights Synergy in Legal Analysis 132 4 134 Violence against Women, Human Security and Women"s Human Rights 134 I. Introduction 134 II. Human Security and its Gender Implications 136 III. VAW under Human Rights Law: Demarcating the Scope of Human Security 148 IV. Human Security and VAW: Synergies Reinforcing Women"s Human Rights 156 V. Some Conclusions: Gendered Human Security and the Right to Live Free from Violence 177 5 180 Human Security and Rights of Undocumented Migrants and Other Non-Citizens 180 I. Introduction 180 II. Undocumented migrants, other non-citizens, and human security 184 III. International Human Rights Law on Migrants and Non-Citizens 198 IV. A Human Security Lens to Migrant Human Rights: Legal Irregularity as a Source of Risk 225 V. Some Conclusions: Migratory Regimes as the Ultimate Test to Human Security and Human Rights 237 6 239 Undocumented Female Migrants and Illustrative Migrant Cases 239 I. Introduction 239 II. Undocumented Female Migrants: Workers and Women at Risk 240 III. Illustrative Legal Cases of a Human Security Approach to Migrants" Human Rights 249 IV. Some Conclusions on Undocumented Migrants and Women: Human Security as the "Right to Have Access to Rights" 273 7 276 Conclusions on the Human Security-Human Rights Synergy and Prospective Routes 276 I. Some Conceptual Conclusions 276 II. Legal Interaction: Interpretative Synergies between Human Security and Human Rights 280 III. Prospective Routes 302 Bibliography 307 Academic Sources 307 International and Regional Legal Instruments and Practice 324 Media and Communication Sources 341 Index 344 Preface......Page 6 Acknowledgements......Page 14 Table of Contents......Page 20 Introduction......Page 26 I. Literature Review and the Current Debate......Page 29 II. The Argument......Page 34 III. Chapter Synopses......Page 39 Part I Conceptual Outlines......Page 44 I. Historical Evolution of Human Security......Page 46 II. The 2012 "Common Understanding" of Human Security and Beyond......Page 52 III. International, Regional and National Uses of Human Security......Page 56 IV. A Holistic Human Security: All Human Rights and a Threshold Definition......Page 59 I. International Law, Risk and Structural Vulnerability......Page 71 II. Human Security and Human Rights......Page 97 I. Article 28 of the UDHR and Human Security: An Enabling Environment......Page 111 II. Human Security and "Core Content" of Human Rights......Page 115 III. The Framework in a Nutshell......Page 122 Part II Practical Applications of the Human Security–Human Rights Synergy in Legal Analysis......Page 132 I. Introduction......Page 134 II. Human Security and its Gender Implications......Page 136 III. VAW under Human Rights Law: Demarcating the Scope of Human Security......Page 148 IV. Human Security and VAW: Synergies Reinforcing Women"s Human Rights......Page 156 V. Some Conclusions: Gendered Human Security and the Right to Live Free from Violence......Page 177 I. Introduction......Page 180 II. Undocumented migrants, other non-citizens, and human security......Page 184 III. International Human Rights Law on Migrants and Non-Citizens......Page 198 IV. A Human Security Lens to Migrant Human Rights: Legal Irregularity as a Source of Risk......Page 225 V. Some Conclusions: Migratory Regimes as the Ultimate Test to Human Security and Human Rights......Page 237 I. Introduction......Page 239 II. Undocumented Female Migrants: Workers and Women at Risk......Page 240 III. Illustrative Legal Cases of a Human Security Approach to Migrants" Human Rights......Page 249 IV. Some Conclusions on Undocumented Migrants and Women: Human Security as the "Right to Have Access to Rights"......Page 273 I. Some Conceptual Conclusions......Page 276 II. Legal Interaction: Interpretative Synergies between Human Security and Human Rights......Page 280 III. Prospective Routes......Page 302 Academic Sources......Page 307 International and Regional Legal Instruments and Practice......Page 324 Media and Communication Sources......Page 341 Index......Page 344 Human Security Provides One Of The Most Important Protections: A Person-centred Axis Of Freedom From Fear, From Want, And To Live With Dignity. It Is Surprising Given Its Centrality To The Human Experience That The Human Security Connection With Human Rights Has Not Yet Been Explored In A Truly Systematic Way. This Important New Book Addresses That Gap In The Literature By Analyzing Whether Human Security Might Provide The Tools For An Expansive And Integrated Interpretation Of International Human Rights. The Examination Takes A Two Part Approach. Firstly, It Evaluates Convergences Between Human Security And All Human Rights-civil, Political, Economic, Social And Cultural-and Constructs An Investigative Framework Focused On The Human Security/human Rights Synergy. It Then Goes On To Explore Its Practical Application In The Thematic Cores Of Violence Against Women And Undocumented Migrants In The Law And Case Law Of Un, European, Inter-american And African Human Rights Bodies. It Takes Both A Legal And Interdisciplinary Approach, Recognizing That Human Security And Its Relationship With Human Rights Cuts Across Disciplinary Boundaries. Innovative And Rigorous, This Book Is An Important Contribution To Human Rights Scholarship.--book Jacket. Human Security : An Overview -- Human Security, International Law And Human Rights -- The Human Security-human Rights Synergy -- Violence Against Women, Human Security And Women's Rights -- Human Security And Rights Of Undocumented Migrants And Other Non-citizens -- Undocumented Female Migrants And Illustrative Migrant Cases. Dorothy Estrada-tanck. Includes Bibliographical References (pages 282-317) And Index.