International Human Rights Law 3rd

Edition Daniel Moeckli

Visit to download the full and correct content document:
https://ebookmass.com/product/international-human-rights-law-3rd-edition-daniel-moe
ckli/
I N T E R NAT IONA L H UM A N R IG H T S L AW
INTERNATIONAL
HUMAN RIGHTS
LAW
Third Edition

E DI T E D B Y

DA N I E L M OE C K L I
University of Zurich

S A N G E E TA SHA H
University of Nottingham

S A N DE SH SI VA K UM A R A N
University of Nottingham

C ON SU LTA N T E DI TOR :

DAV I D HA R R I S
Professor Emeritus and Co-Director, Human Rights
Law Centre, University of Nottingham

1
 1
Great Clarendon Street, Oxford, OX2 6DP,
United Kingdom
Oxford University Press is a department of the University of Oxford.
It furthers the University’s objective of excellence in research, scholarship,
and education by publishing worldwide. Oxford is a registered trade mark of
Oxford University Press in the UK and in certain other countries
© Oxford University Press 2018
The moral rights of the authors have been asserted
First edition 2010
Second edition 2014
Impression: 1
All rights reserved. No part of this publication may be reproduced, stored in
a retrieval system, or transmitted, in any form or by any means, without the
prior permission in writing of Oxford University Press, or as expressly permitted
by law, by licence or under terms agreed with the appropriate reprographics
rights organization. Enquiries concerning reproduction outside the scope of the
above should be sent to the Rights Department, Oxford University Press, at the
address above
You must not circulate this work in any other form
and you must impose this same condition on any acquirer
Public sector information reproduced under Open Government Licence v3.0
(http://www.nationalarchives.gov.uk/doc/open-government-licence/open-government-licence.htm)
Published in the United States of America by Oxford University Press
198 Madison Avenue, New York, NY 10016, United States of America
British Library Cataloguing in Publication Data
Data available
Library of Congress Control Number: 2017948019
ISBN 978–0–19–108002–9
Printed in Great Britain by
Bell & Bain Ltd., Glasgow
Links to third party websites are provided by Oxford in good faith and
for information only. Oxford disclaims any responsibility for the materials
contained in any third party website referenced in this work.
 OUTLINE CONTENTS

Preface xxv
Notes on contributors xxvi
Abbreviations xxxi
Table of international instruments xxxvii
Table of cases xlvii

PA RT I F OU N DAT ION S

1 HISTORY 3
Ed Bates
2 JUSTIFICATIONS 22
Samantha Besson
3 CRITIQUES 41
Marie-Bénédicte Dembour

PA RT I I I N T E R NAT IONA L L AW

4 SOURCES 63
Christine Chinkin
5 NATURE OF OBLIGATIONS 86
Frédéric Mégret
6 SC OPE OF APPLICATION 110
Sarah Joseph and Sam Dipnall

PA RT I I I SU B STA N T I V E R IG H T S

7 CATEGORIES OF RIGHT S 135

Theo van Boven
8 EQUALIT Y AND NON-DISCRIMINATION 148
Daniel Moeckli
9 INTEGRIT Y OF THE PERSON 165
Nigel S Rodley
10 ADEQUATE STANDARD OF LIVING 186
Asbjørn Eide
11 THOUGHT, EXPRESSION, ASSO CIATION, AND ASSEMBLY 208
Dominic McGoldrick
vi OUTLINE CONTENTS

12 EDUCATION AND WORK 232

Fons Coomans
13 DETENTION AND TRIAL 252
Sangeeta Shah
14 CULTUR AL RIGHT S 278
Julie Ringelheim
15 SEXUAL ORIENTATION AND GENDER IDENTIT Y 296
Michael O’Flaherty
16 WOMEN’ S RIGHTS 309
Dianne Otto
17 CHILDREN’ S RIGHT S 326
Geraldine Van Bueren
18 GROUP RIGHT S 344
Robert McCorquodale

PA RT I V P ROT E C T ION

19 UNITED NATIONS 369

Jane Connors
20 REGIONAL PROTECTION 411
Başak Çalı
21 THE AMERICAS 425
Thomas M Antkowiak
22 EUROPE 441
Steven Greer
23 AFRICA 465
Christof Heyns and Magnus Killander
24 WITHIN THE STATE 482
Andrew Byrnes and Catherine Renshaw

PA RT V L I N KAG E S

25 INTERNATIONAL HUMANITARIAN L AW 503

Sandesh Sivakumaran
26 INTERNATIONAL CRIMINAL L AW 521
Robert Cryer
27 INTERNATIONAL REFUGEE L AW 539
Alice Edwards
 OUTLINE CONTENTS vii

PA RT V I C HA L L E N G E S

28 NON-STATE ACTORS 557

Andrew Clapham
29 TERRORISM 580
Martin Scheinin
30 POVERT Y 597
Stephen P Marks

Index 619
 DETAILED CONTENTS

Preface xxv
Notes on contributors xxvi
Abbreviations xxxi
Table of international instruments xxxvii
Table of cases xlvii

PA RT I F OU N DAT ION S

1 HISTORY 3
Ed Bates
Summary 3
1 Introduction 3
2 Human rights on the domestic plane 4
2.1 The Enlightenment thinkers 5
2.2 Human rights transformed into positive law 6
2.3 Nineteenth-century challenges to natural rights 9
2.4 Domestic protection of human rights today 9
3 Human rights on the international plane before the Second World War 11
3.1 International humanitarian law and the abolition of the slave trade 12
3.2 The protection of minorities and the League of Nations 13
4 Human rights on the international plane after the Second World War 16
4.1 Crimes against humanity 17
4.2 The UN Charter 17
4.3 The Universal Declaration of Human Rights 18
5 Conclusion 19
Further reading 20
Useful websites 21

2 JUSTIFICATIONS 22
Samantha Besson
Summary 22
1 Introduction 22
2 Why justify human rights 24
2.1 Explaining justification 24
2.2 Justifying justification 26
 DETAILED CONTENTS ix

3 How to justify human rights 27

3.1 Justifications of moral and legal rights 27
3.2 Moral and legal justifications of moral and legal rights 29
4 Which justifications for human rights 30
4.1 A plurality of justifications 30
4.2 Two potential justifications 32
5 What follows from the justification of human rights 35
5.1 Human rights justifications and the universality of human rights 35
5.2 Human rights justifications and the stringency of human rights 37
6 Conclusion 40
Further reading 40
Useful websites 40

3 CRITIQUES 41
Marie-Bénédicte Dembour
Summary 41
1 Introduction 41
2 Early critiques 43
2.1 The realist critique 43
2.2 The utilitarian critique 46
2.3 The Marxist critique 48
3 More recent critiques 50
3.1 The cultural relativist or particularist critique 50
3.2 The feminist critique 53
3.3 The post-colonial critique 56
4 Conclusion 58
Further reading 59

PA RT I I I N T E R NAT IONA L L AW

4 SOURCES 63
Christine Chinkin
Summary 63
1 Introduction 63
2 Formal sources 65
3 Treaties 65
3.1 The principal treaties 66
3.2 The importance of treaties 67
3.3 Revitalizing the treaty system 68
x DETAILED CONTENTS

4 Customary international law 70

5 Jus cogens 73
6 General principles of law 74
7 Judicial decisions 75
7.1 Interaction at the international and regional levels 75
7.2 Interaction between national courts 76
7.3 Human rights litigation 77
8 Writings of jurists 78
9 Other sources 78
9.1 Work of treaty bodies 79
9.2 Resolutions of international institutions 80
9.3 Other forms of soft law 81
10 Conclusion 84
Further reading 84
Useful websites 85

5 NATURE OF OBLIGATIONS 86
Frédéric Mégret
Summary 86
1 Introduction 86
2 The relationship of human rights to general international law 87
3 The ‘special character’ of human rights obligations 88
4 Reservations 91
4.1 Permissibility 93
4.2 Responsibility for assessment 94
4.3 Consequences 95
5 Implementation of human rights obligations 97
5.1 Respect 97
5.2 Protect 97
5.3 Fulfil 98
6 Varying degrees of human rights obligations 99
6.1 Limitations 99
6.2 The margin of appreciation 102
6.3 Derogations 103
7 Remedies for violations of human rights obligations 104
8 Withdrawal 106
9 Conclusion 108
Further reading 108

6 SC OPE OF APPLICATION 110

Sarah Joseph and Sam Dipnall
Summary 110
 DETAILED CONTENTS xi

1 Introduction 110
2 Who has human rights obligations? 111
3 Who has human rights? 111
3.1 Non-nationals 111
3.2 The unborn 112
3.3 Artificial entities 112
4 For which entities is a state responsible? 114
4.1 Private actors 114
4.2 International organizations 116
4.3 Other states 119
5 Where do human rights apply? 120
5.1 ECHR 121
5.2 ACHR 123
5.3 African Charter on Human and Peoples’ Rights 124
5.4 ICCPR 124
5.5 ICESCR 126
5.6 Overall assessment 128
6 Conclusion 130
Further reading 131

PA RT I I I SU B STA N T I V E R IG H T S

7 CATEGORIES OF RIGHT S 135

Theo van Boven
Summary 135
1 Introduction 135
2 Categories of human rights 136
2.1 Economic, social, cultural rights/civil, political rights 136
2.2 Rights of individuals/rights of collectivities 137
2.3 One-dimensional/composite rights 139
3 Interdependence and indivisibility of all human rights 140
4 Core rights 142
5 New human rights? 144
6 Conclusion 146
Further reading 147

8 EQUALIT Y AND NON-DISCRIMINATION 148

Daniel Moeckli
Summary 148
1 Introduction 148
2 The meaning of equality and non-discrimination 149
2.1 Formal equality 149
xii DETAILED CONTENTS

2.2 Substantive equality 150

3 Equality and non-discrimination in international law 151
3.1 Sources 151
3.2 Scope: subordinate and autonomous norms 152
3.3 Prohibited grounds of distinction 154
4 Direct and indirect discrimination 155
4.1 Direct discrimination 155
4.2 Indirect discrimination 156
4.3 Discriminatory intention 157
5 Justified and unjustified distinctions 158
5.1 The justification test 158
5.2 Standard of review 159
5.3 Evidence and proof 160
6 Positive action 161
7 Conclusion 163
Further reading 164
Useful websites 164

9 INTEGRIT Y OF THE PERSON 165

Nigel S Rodley
Summary 165
1 Introduction 165
1.1 Respect for human dignity 165
1.2 The right to integrity of the person 166
2 The right to be free from torture and ill-treatment 166
2.1 Sources 167
2.2 Legal status 167
2.3 Components 168
2.4 Types of obligation 173
2.5 Relationship with other human rights 174
3 The right to life 175
3.1 Sources 175
3.2 Legal status 176
3.3 Scope: beginning and end of life 176
3.4 Components 177
3.5 Types of obligation 181
3.6 Relationship with other human rights 183
4 Conclusion 183
Further reading 184
Useful websites 184
 DETAILED CONTENTS xiii

10 ADEQUATE STANDARD OF LIVING 186

Asbjørn Eide
Summary 186
1 Introduction 186
2 Meaning and features 187
2.1 Duties of the individual 188
2.2 State obligations 188
2.3 Equality and non-discrimination as an overarching principle 189
3 Normative content 190
3.1 The right to food 190
3.2 The right to housing 193
3.3 The right to health 195
4 Categories and groups of people 197
4.1 Women 197
4.2 Children 198
4.3 Indigenous peoples 199
4.4 Dalits in South Asia and Roma in Europe 200
5 Relationship with other human rights 201
5.1 The right to social security and social assistance 201
5.2 Civil and political rights 203
6 Progressive implementation 203
7 The importance of international monitoring and recourse procedures 204
8 Conclusion 205
Further reading 206
Useful websites 206

11 THOUGHT, EXPRESSION, ASSO CIATION, AND ASSEMBLY 208

Dominic McGoldrick
Summary 208
1 Introduction 208
1.1 Four freedoms and their relationships 208
1.2 Limitations 209
2 Freedom of thought, conscience, and religion 210
2.1 Sources 210
2.2 Scope 211
2.3 Freedom of religion or belief 211
2.4 Limitations 214
3 Freedom of opinion and expression 217
3.1 Sources 217
3.2 Scope 217
3.3 Limitations 221
xiv DETAILED CONTENTS

4 Freedom of association 224

4.1 Sources 224
4.2 Scope 224
4.3 Limitations 226
5 Freedom of assembly 228
5.1 Sources 228
5.2 Scope 228
5.3 Limitations 228
6 Conclusion 230
Further reading 230
Useful websites 231

12 EDUCATION AND WORK 232

Fons Coomans
Summary 232
1 Introduction 232
2 The right to education 233
2.1 Sources 233
2.2 Features 235
2.3 The aims of education 236
2.4 Components 236
2.5 Types of obligations 240
2.6 Relationship with other human rights 241
3 The right to work and work-related rights 242
3.1 Sources 243
3.2 Features 245
3.3 Components 246
3.4 Obligations 249
3.5 Relationship with other human rights 250
4 Conclusion 250
Further reading 251
Useful websites 251

13 DETENTION AND TRIAL 252

Sangeeta Shah
Summary 252
1 Introduction 252
2 Freedom from arbitrary detention 253
2.1 Sources 253
2.2 Scope and types of obligations 254
2.3 Permissible deprivations of liberty 255
 DETAILED CONTENTS xv

2.4 Guarantees to those deprived of their liberty 258

2.5 Emergency detention powers 262
3 Enforced disappearance 262
4 Security of the person 263
5 The right to a fair trial 263
5.1 Sources 264
5.2 Scope and types of obligations 265
5.3 Generally applicable fair trial guarantees 266
5.4 Fair trial guarantees in criminal proceedings 271
6 Conclusion 276
Further reading 277
Useful websites 277

14 CULTUR AL RIGHT S 278

Julie Ringelheim
Summary 278
1 Introduction 278
2 What is ‘cultural life’? 281
2.1 From high culture to popular culture 281
2.2 From culture as the life of the mind to culture as a way of life 282
3 The right to take part in cultural life 283
3.1 The normative content of the right to take part in cultural life 283
3.2 Groups requiring special attention 286
3.3 Limitations to the right 287
4 The right to science 288
5 The rights of authors and inventors 290
5.1 Human rights and intellectual property 290
5.2 The content and limitations of the right under Article 15(1)(c) ICESCR 292
6 Conclusion 294
Further reading 294
Useful websites 295

15 SEXUAL ORIENTATION AND GENDER IDENTIT Y 296

Michael O’Flaherty
Summary 296
1 Introduction 296
2 Forms of vulnerability 297
3 Review of law and jurisprudence 298
3.1 Protection of privacy rights 299
3.2 Discrimination 300
3.3 General human rights protection 303
xvi DETAILED CONTENTS

4 Legal initiatives to bridge the gap between law and practice 306
5 Conclusion 307
Further reading 308
Useful websites 308

16 WOMEN’ S RIGHT S 309

Dianne Otto
Summary 309
1 Introduction 309
2 A new era of non-discrimination on the ground
of sex and equality with men 311
2.1 The position prior to 1945 312
2.2 The UDHR and the international covenants 312
3 The substantive equality approach of CEDAW 315
3.1 Towards a robust understanding of equality 315
3.2 Limitations of the CEDAW approach 317
4 Mainstreaming women’s human rights 321
4.1 Re-imagining the universal subject: the approach of the
Human Rights Committee 322
4.2 Analysing the relationship between gender and Racial Discrimination:
the approach of the Committee on the Elimination of Racial Discrimination 322
4.3 Addressing the inequality of both women and men: the approach
of the Committee on Economic, Social and Cultural Rights 323
4.4 Recognizing gender as a key factor: the approach of the
Committee against Torture 323
5 Conclusion 324
Further reading 325
Useful websites 325

17 CHILDREN’ S RIGHT S 326

Geraldine Van Bueren
Summary 326
1 Introduction 326
2 The international legal definition of childhood 328
3 General principles 329
3.1 Non-discrimination 329
3.2 The best interests of the child 329
3.3 The right to life, survival, and development 331
3.4 The right to be heard 331
3.5 The evolving capacity of the child 332
4 The 4Ps: protection, prevention, provision, and participation 333
4.1 Protection 333
 DETAILED CONTENTS xvii

4.2 Prevention 334

4.3 Provision 335
4.4 Participation 335
5 Regional protection of children’s rights 336
5.1 Africa 337
5.2 The Americas 338
5.3 Europe 340
6 Conclusion 341
Further reading 342
Useful websites 343

18 GROUP RIGHT S 344

Robert McCorquodale
Summary 344
1 Introduction 344
1.1 Group rights 344
1.2 Group rights v rights of individuals 345
1.3 Relevance of group rights 346
2 The right of self-determination 346
2.1 Concept 346
2.2 Definitions 347
3 The application of the right of self-determination 349
3.1 Colonial context 349
3.2 Outside the colonial context 350
4 The exercise of the right of self-determination 351
4.1 External and internal self-determination 351
4.2 Procedures for exercising the right of self-determination 354
5 Limitations on the exercise of the right of self-determination 355
5.1 Rights of others 355
5.2 Territorial integrity 356
5.3 Other limitations 357
6 Minorities 358
6.1 Defining ‘minorities’ 358
6.2 Rights of minorities 359
6.3 Exercise of minority rights 360
6.4 Individual v group rights 361
7 Indigenous peoples 361
7.1 Defining ‘indigenous peoples’ 361
7.2 The rights of indigenous peoples 362
7.3 Exercise of indigenous peoples’ rights 364
xviii DETAILED CONTENTS

8 Conclusion 365
Further reading 365

PA RT I V P ROT E C T ION

19 UNITED NATIONS 369

Jane Connors
Summary 369
1 Introduction 369
2 The Human Rights Council 370
2.1 1946–2006: From the Commission on Human Rights to the
Human Rights Council 370
2.2 Composition, working methods, and mandate 371
2.3 Universal Periodic Review 372
2.4 Responses to urgent situations 375
2.5 Special procedures 377
2.6 Complaint procedure 381
2.7 Human Rights Council Advisory Committee 382
2.8 Review and other discussions 384
2.9 Conclusion 385
3 The treaty-based bodies 387
3.1 State reporting 389
3.2 General comments 391
3.3 Inquiries 392
3.4 Complaints procedures 393
3.5 Treaty body coordination, harmonization, reform, and strengthening 397
3.6 Conclusion 399
4 The Office of the UN High Commissioner for Human Rights 400
5 Human rights activities in other parts of the UN 403
5.1 General Assembly 404
5.2 Security Council 404
5.3 Secretary-General 406
5.4 International Court of Justice 408
6 Conclusion 408
Further reading 409
Useful websites 410

20 REGIONAL PROTECTION 411

Başak Çalı
Summary 411
1 Introduction 411
 DETAILED CONTENTS xix

2 The development of human rights norms at regional and UN levels 413

3 Regional human rights institutions 417
4 Convergence and divergence in regional human rights protection 419
4.1 Effective and harmonious interpretation 420
4.2 The margin of appreciation in the regional human rights systems 421
5 Conclusion 423
Further reading 424
Useful websites 424

21 THE AMERICAS 425

Thomas M Antkowiak
Summary 425
1 Introduction 425
2 Historical overview 426
3 American Convention on Human Rights 427
4 Inter-American Commission on Human Rights 428
4.1 Structure and composition 428
4.2 Individual complaints procedures 429
4.3 Other roles of the Commission 430
5 Inter-American Court of Human Rights 431
5.1 Structure and composition 431
5.2 Contentious cases 432
5.3 Court-ordered reparations and state compliance 432
5.4 Interim measures 435
5.5 Advisory jurisdiction 436
6 Challenges to the Inter-American system 437
7 Conclusion 438
Further reading 439
Useful websites 440

22 EUROPE 441
Steven Greer
Summary 441
1 Introduction 441
2 The Organization for Security and Cooperation in Europe 442
3 The Council of Europe 442
3.1 Origins 443
3.2 Key institutions 443
3.3 Key instruments 445
xx DETAILED CONTENTS

4 The European Convention on Human Rights 447

4.1 Substantive rights 447
4.2 Institutional and procedural background 448
4.3 Complaints procedures 450
4.4 Resolution of complaints 455
4.5 Supervision of the execution of judgments 458
5 The European Union 459
5.1 Human rights and the Court of Justice of the European Union 461
5.2 The Charter of Fundamental Rights 462
5.3 The Fundamental Rights Agency and the Commissioner for
Justice, Fundamental Rights and Citizenship 463
6 Conclusion 463
Further reading 464
Useful websites 464

23 AFRICA 465
Christof Heyns and Magnus Killander
Summary 465
1 Introduction 465
2 Historical overview 466
3 The African Charter and other relevant treaties 468
3.1 Norms recognized in the African Charter 468
3.2 Duties and limitations 469
3.3 Protection of women, children, and vulnerable groups 470
4 The protective mechanisms 471
4.1 The African Commission 471
4.2 The African Court on Human and Peoples’ Rights 476
4.3 The AU main organs and human rights 478
4.4 The African Peer Review Mechanism 479
5 Conclusion 480
Further reading 480
Useful websites 481

24 WITHIN THE STATE 482

Andrew Byrnes and Catherine Renshaw
Summary 482
1 Introduction 482
2 Substantive protections 483
2.1 Incorporation of international human rights norms into domestic law 484
2.2 Constitutional guarantees of human rights 489
 DETAILED CONTENTS xxi

2.3 Legislative protection of human rights 491

2.4 Common law protection of human rights 493
3 Institutional protections 494
3.1 The courts 494
3.2 The executive 495
3.3 The legislature 495
3.4 Other bodies 495
4 Conclusion 498
Further reading 498
Useful websites 499

PA RT V L I N KAG E S

25 INTERNATIONAL HUMANITARIAN L AW 503

Sandesh Sivakumaran
Summary 503
1 Introduction 503
2 What is international humanitarian law? 504
3 Different approaches; shared values 505
4 Reasons for the application of human rights law in armed conflict 507
4.1 Non-applicability of international humanitarian law 507
4.2 Generally higher standards of protection 508
4.3 Enforcement mechanisms 509
5 The relationship between the two bodies of law 511
5.1 Rights exclusively matters of international humanitarian law 512
5.2 Rights exclusively matters of international human rights law 512
5.3 Rights matters of both international human rights law and
international humanitarian law 513
5.4 An alternative approach: regulation through application
of international human rights law 516
6 Difficulties with the application of international human
rights law to armed conflict 517
6.1 Asymmetrical obligations between the parties 517
6.2 Differential obligations within a coalition 518
6.3 Sphere of applicability: the extraterritorial application of
human rights treaties 518
7 Conclusion 519
Further reading 519
Useful websites 520
xxii DETAILED CONTENTS

26 INTERNATIONAL CRIMINAL L AW 521

Robert Cryer
Summary 521
1 Introduction 521
2 Human rights law and international crimes 523
2.1 Genocide 523
2.2 Crimes against humanity 527
2.3 War crimes 530
2.4 Aggression 531
3 Prosecutions: international and national 532
4 Non-prosecutorial options 535
4.1 Amnesties 535
4.2 Truth and reconciliation commissions 536
5 Conclusion 536
Further reading 537
Useful websites 538

27 INTERNATIONAL REFUGEE L AW 539

Alice Edwards
Summary 539
1 Introduction 539
2 What is international refugee law? 540
3 Fundamental elements of international refugee law 541
4 Relationship between the two bodies of law 543
5 Human rights and refugee status 545
6 Refugee non-refoulement and human rights 547
7 The protections accorded to refugees 549
8 The end of refugee status and solutions for refugees 551
9 Conclusion 552
Further reading 553
Useful websites 553

PART VI CHALLENGES

28 NON-STATE ACTORS 557

Andrew Clapham
Summary 557
1 Introduction 557
2 The challenge of non-state actors: globalization, privatization,
fragmentation, feminization, and criminalization 559
 DETAILED CONTENTS xxiii

3 The legal framework 563

3.1 Human rights treaties and the state’s positive obligations 563
3.2 National law 564
4 The obligations of international organizations 566
5 Corporate social responsibility and the move towards accountability 568
6 Armed non-state actors 571
6.1 The UN Security Council’s work on children and armed conflict 573
6.2 UN special procedures and ad hoc inquiries 574
6.3 Non-governmental reporting and engaging with armed non-state actors 577
7 Conclusion 578
Further reading 578
Useful websites 579

29 TERRORISM 580
Martin Scheinin
Summary 580
1 Introduction 580
2 Is terrorism a violation of human rights? 581
3 Applicability of human rights law in the fight against terrorism 583
3.1 Times of armed conflict or emergency 583
3.2 Extraterritorial applicability of human rights law 584
4 The notion of terrorism and its misuse 585
5 Substantive challenges to human rights law in the fight against terrorism 587
5.1 Freedom from torture and cruel, inhuman, or degrading treatment 587
5.2 Right to liberty and right to a fair trial 588
5.3 Right to non-discrimination 590
5.4 Other human rights 591
6 An institutional challenge: terrorist listing by the Security Council 592
7 Conclusion: will the pendulum be swinging back and forth? 594
Further reading 596
Useful websites 596

30 POVERT Y 597
Stephen P Marks
Summary 597
1 Introduction 597
2 Poverty, human rights, and social justice 599
2.1 Poverty and human rights 599
2.2 Social justice and human rights 602
xxiv DETAILED CONTENTS

3 Divergence of poverty reduction and human rights agendas 602

3.1 Resistance to human rights discourse in economic thinking 603
3.2 The perspective of central banks and ministries of finance 605
4 Convergence of poverty reduction and human rights agendas 607
4.1 Trends in economic thinking congruent with human rights 607
4.2 Human rights approaches in development policies and practices 609
5 Conclusion 616
Further reading 617
Useful websites 618

Index 619
 PREFACE

Human rights mean different things to different people. From the woman on the street to
the UN High Commissioner for Human Rights, from the local human rights activist to
the government official, each of us has a different conception of the origin, purpose, and
function of human rights. To reflect this diversity of views, we have invited a range of prac-
titioners and academics with different regional, theoretical, and professional backgrounds
to contribute chapters to this textbook on their respective fields of expertise.
The book covers the key elements of a typical international human rights law course. It
follows the same format as the first two editions. Part I seeks to show how human rights
have developed over time, how they can be justified, and on what basis they may be criti-
cized. Today, human rights are firmly located in international law and Part II explores
the key international law aspects of human rights. Part III considers some of the rights
guaranteed to individuals and groups by international human rights law. Part IV addresses
the systems of human rights protection at the UN, regional, and national levels. Part V
examines the linkages between international human rights law and three other areas of
international law: international humanitarian law, international criminal law, and inter-
national refugee law. Finally, the book concludes, in Part VI, with a consideration of some
of the major challenges to the protection of human rights. For want of space, it is impos-
sible to cover all substantive rights, protected groups, systems of protection, linkages, and
challenges. This is not meant to reflect in any way the importance, or lack thereof, of the
omitted issues.
There are some changes to the book for this third edition. The most obvious is the addi-
tion of chapters on Children’s Rights by Geraldine Van Bueren and on Regional Protection
by Başak Çalı. All other chapters have been thoroughly updated to take account of devel-
opments since the publication of the second edition in 2013. Many chapters have also been
expanded or elaborated in response to helpful comments received about the second edi-
tion. We are grateful to friends and colleagues for these comments. There have also been
some changes in authors. Sadly, Sir Nigel Rodley passed away in January 2017 and we wish
to thank Dr Lyn Rodley for her agreement that we may continue to use his chapter. We
are grateful to Raffael Fasel for updating this chapter. Dominic McGoldrick has updated
the chapter on Thought, Expression, Association, and Assembly; Thomas Antkowiak has
updated the chapter on the Americas; and Sarah Joseph has been joined by Sam Dipnall in
the update of her chapter on Scope of Application. The chapters take into account develop-
ments as far as July 2017. Where it has been possible, some later developments have been
added at the proof stage.
Many people have supported us in various ways throughout the process of producing
this textbook. We are particularly grateful to the contributors to the book for their enthu-
siasm and support, to our consulting editor, David Harris, for his guidance throughout the
process, to Christine Tramontano and Olivia Salmon for their editorial assistance, and to
the team at Oxford University Press for steering us through the various editorial stages.
DM/SS/SS
Zurich/Nottingham, September 2017
 NOTES ON CONTRIBUTORS

Thomas M Antkowiak is Associate Professor of Law and Director of the International Human
Rights Clinic at Seattle University School of Law, United States. He has handled numerous
cases in the Inter-American Human Rights System and is the co-author of The American
Convention on Human Rights: Essential Rights (OUP, 2017).
Ed Bates, PhD, is an Associate Professor in Law at the University of Leicester. His recent work
includes ‘Activism and Self-Restraint: The Margin of Appreciation’s Strasbourg Career … Its
“Coming of Age’’?’, in Symposium in Honour of Judge Paul Mahoney 36 (2016) No. 7–12
Human Rights Law Journal (forthcoming); ‘Democratic Override (or Rejection) and the
Authority of the Strasbourg Court: The UK Parliament and Prisoner Voting’, in Saul, Folles-
dal, and Ulfstein, The International Human Rights Judiciary and National Parliaments: Europe
and Beyond (Cambridge University Press 2017, forthcoming); ‘Analysing the Prisoner Voting
Saga and the British Challenge to Strasbourg’ (2014) 14 Human Rights Law Review 503. He
is a co-author of Harris, O’Boyle, and Warbrick, The Law of the European Convention on Hu-
man Rights (Oxford University Press, 2014; 2018 edition forthcoming) and the author of The
Evolution of the European Convention on Human Rights (Oxford University Press, 2010). Ed
runs the blog UKStrasbourgspotlight (<https://ukstrasbourgspotlight.wordpress.com/>). He
can be found on twitter: @ed_epb3.
Samantha Besson is Professor of Public International Law and European Law and Co-Director
of the European Law Institute at the University of Fribourg, Switzerland.
Andrew Byrnes is Professor of International Law at the Faculty of Law, The University of
New South Wales (UNSW), and Chair of the Steering Committee of the Australian Human
Rights Centre, UNSW from 2006 until 2017. He served as external legal adviser to the
Australian Parliamentary Joint Committee on Human Rights from 2012 to 2014. His chapter
with Catherine Renshaw draws on research conducted under two Australian Research Coun-
cil-funded Linkage projects (LP0776639 and LP0989167) on national human rights institu-
tions in the Asia Pacific, and economic, social, and cultural rights, respectively.
Başak Çalı is Professor of International Law at Hertie School of Governance, Berlin and Direc-
tor of Center for Global Public Law at Koç University, Istanbul. She has written extensively
on international human rights law, with an emphasis on its purpose, legitimacy, and domestic
impact. Her work treats international human rights law in its broader normative, comparative
and political context. She is the inaugural Chair of the European Implementation Network
and editor in chief of Oxford Reports on United Nations Human Rights Body Case-Law.
She is a fellow of the Human Rights Centre of the University of Essex, and a senior fellow of
Pluri-Courts Center at the University of Oslo. She has been a Council of Europe expert on the
European Convention on Human Rights since 2002.
Christine Chinkin, FBA, is Director of the Centre for Women, Peace and Security and Emer-
ita Professor of International Law, London School of Economics and Political Science, and
William W. Cook Global Law Professor, University of Michigan Law School.
Andrew Clapham is a Professor of International Law at the Graduate Institute of International
and Development Studies in Geneva. He is currently a member of the Executive Committee
of the International Commission of Jurists. His publications include Brierly’s Law of Nations:
An Introduction to the Role of International Law in International Relations (7th ed, 2012), The
Oxford Handbook of International Law in Armed Conflict co-edited with Paola Gaeta (2014),
 NOTES ON CONTRIBUTORS xxvii

and The 1949 Geneva Conventions: A Commentary co-edited with Paola Gaeta and Marco
Sassòli (2015).
Jane Connors is the International Advocacy Director (Law and Policy) of Amnesty Interna-
tional, based in Geneva. From 1996 to 2015 she worked in various positions at the United
Nations, including at the Office of the High Commissioner for Human Rights. Before joining
the United Nations, she held academic posts in the UK and Australia, including 14 years at
the School of Oriental and African Studies in London. She has published widely on United
Nations human rights mechanisms, the human rights of women, and violence against women
and children.
Fons Coomans holds the UNESCO Chair in Human Rights and Peace at the Department of
International and European Law of Maastricht University. He is also the Director of the Maas-
tricht Centre for Human Rights, Senior Researcher at the Netherlands Network for Human
Rights Research, and Visiting Professor at the University of Cape Town. His research focuses
on economic, social, and cultural rights and international human rights monitoring proce-
dures.
Robert Cryer is Professor of International and Criminal Law at the University of Birmingham.
He teaches international law, criminal law, transnational criminal law, and international
criminal law. He is one of the authors of Cryer, Friman, Robinson, and Wilmshurst, An In-
troduction to International Criminal Law and Procedure (Cambridge: CUP, 3rd ed 2014), and
co-editor of the Journal of Conflict and Security Law.
Marie-Bénédicte Dembour is Professor of Law and Anthropology at the University of Brighton.
She was educated at Brussels (ULB) and Oxford. Her latest monograph When Humans Become
Migrants: Study of the European Court of Human Rights with an Inter-American Counterpoint
(Oxford University Press, 2015) received the Odysseus Prize for outstanding academic research.
Although her many distinguished publications cover various fields, she has developed a partic-
ular expertise in human rights. Her monograph Who Believes in Human Rights? Reflections on
the European Convention (Cambridge University Press, 2006) continues to attract high praise;
her paper ‘What are human rights? Four schools of thought’ has counted amongst Human
Rights Quarterly’s most downloaded articles since its publication in 2010. She has been a visit-
ing professor in many institutions, including most recently at the Free University Amsterdam
and the University of Caen Normandy. She has been invited to give talks throughout the world.
Sam Dipnall, BA/LLB(Hons), is a human rights lawyer. He is a current postgraduate candidate
in the Masters of Human Rights Law programme at Monash University, Australia. He is a
current member of the Law Institute of Victoria Human Rights & Charter of Rights Com-
mittee, and has previously held positions with Justice Connect, the Victorian Law Reform
Commission, the Castan Centre for Human Rights, as well as the International Service for
Human Rights (ISHR).
Alice Edwards, PhD, is Head of the Secretariat for the Convention against Torture Initiative,
<http://www.cti2024.org/>, a ten-year initiative of the Governments of Chile, Denmark,
Ghana, Indonesia and Morocco, to achieve universal ratification and better implementation
of the UN Convention against Torture by 2024. She has previously held positions at UNHCR,
Amnesty International, and the Universities of Oxford and Nottingham, and has advised gov-
ernments and organizations in all regions of the world on human rights and refugee matters.
She is the author of inter alia Violence against Women under International Human Rights Law
(Cambridge University Press, 2011) and teaches part time at the University of London.
Asbjørn Eide is former Director and presently Professor Emeritus at the Norwegian Center
for Human Rights at the University of Oslo. He has been Torgny Segerstedt Professor at the
University of Gothenburg, Sweden, visiting professor at the University of Lund, and was for
several years adjunct professor at the College of Law, American University in Washington.
xxviii NOTES ON CONTRIBUTORS

He is author and editor of several books and numerous articles on human rights, and was
for 20 years an expert member of the UN Sub-Commission on Promotion and Protection of
Human Rights.
Steven Greer, FAcSS FRSA, is Professor of Human Rights at the University of Bristol Law School.
He studied Law at the University of Oxford, Sociology at the London School of Econom-
ics, and has a PhD in Law from the Queen’s University of Belfast. He has taught in the UK,
the US, Germany, France, and Australia, acted as consultant/adviser to various organizations
including the Council of Europe and others in Northern Ireland, Palestine, and Nepal, and
lectured and given conference and other papers all over the world including China. He has
been Nuffield Foundation Visiting Research Fellow at the Oñati International Institute for the
Sociology of Law (Spain) and British Academy Research Fellow at the University of Bristol,
and has published widely, particularly in the fields of criminal justice, human rights, and
law and terrorism. Two of his books have been shortlisted for prizes, and some of his pub-
lished and other work has been translated into half a dozen languages. His most recent book,
Human Rights in the Council of Europe and the European Union: Achievements, Trends and
Challenges (co-authored by Janneke Gerards and Rosie Slowe), was published by Cambridge
University Press in 2017.
Christof Heyns is Professor of Human Rights Law at the University of Pretoria and a member of
the UN Human Rights Committee. He teaches human rights law in the Masters’ programme
at Oxford University, is an adjunct professor at the American University in Washington DC,
and was a visiting professor at the University of Geneva in 2016. He was UN Special Rappor-
teur on extrajudicial, summary or arbitrary executions 2010–2016. During 2016 he chaired
the UN Independent Investigation on Burundi. He holds degrees in law and philosophy
from the Universities of Pretoria, the Witwatersrand and Yale Law School. He has been a
Humboldt Fellow at the Max Planck Institute in Heidelberg and a Fulbright Fellow at Harvard
Law School.
Sarah Joseph is a Professor of International Human Rights Law and, since 2005, the Director
of the Castan Centre for Human Rights Law at Monash University, Melbourne. She has writ-
ten extensively in the area of human rights, including in relation to global trade and invest-
ment, multinational corporations, and terrorism. She is the main author of The International
Covenant on Civil and Political Rights: Cases, Materials, and Commentary (Oxford University
Press, 3rd ed, 2013). Her latest research is on the intersections between human rights and
media, art, and sport.
Magnus Killander is Associate Professor and Head of Research at the Centre for Human Rights
at the University of Pretoria Faculty of Law.
Stephen P Marks is the François-Xavier Bagnoud Professor of Health and Human Rights at
the Harvard T.H. Chan School of Public Health, where he directs the Program on Human
Rights in Development. He also teaches human rights in the Faculty of Arts and Sciences
at Harvard University. He served in the United Nations system for 12 years, including in
Unesco, in peacekeeping operations, and as member and chair of the UN High-level Task
Force on the Implementation of the Right to Development (2004–2010). Among his recent
publications as editor or co-editor are Development as a Human Right: Legal, Political and Eco-
nomic Dimensions (2nd ed, 2010), Health and Human Rights: Basic International Documents
(3rd ed, 2012), Achieving the Human Right to Health (2013), Realizing the Right to Develop-
ment: Essays in Commemoration of 25 Years of the United Nations Declaration on the Right to
Development (2013, as editorial consultant to the OHCHR), and Research Handbook on Hu-
man Rights and Development (in preparation for 2018).
Robert McCorquodale is the Director of the British Institute of International and Comparative
Law in London and a barrister at Brick Court Chambers. He is also Professor of International
 NOTES ON CONTRIBUTORS xxix

Law and Human Rights, School of Law, University of Nottingham. Previously he was a Fellow
and Lecturer in Law at St John’s College, University of Cambridge and at the Australian
National University in Canberra. Before embarking on an academic career, he worked as
a qualified lawyer in commercial litigation in Sydney and London. Robert’s research and
teaching interests are in the areas of public international law and human rights law, includ-
ing the role of non-state actors. He has published widely on these areas, including being co-
author of Cases and Materials on International Law (Oxford University Press, 5th ed, 2011),
and has provided advice to governments, corporations, international organizations, non-
governmental organizations, and peoples concerning international law and human rights
issues, including advising on the drafting of new constitutions and conducting human rights
training courses.
Dominic McGoldrick is Professor of International Human Rights Law and Co-Director of the
Human Rights Law Centre, University of Nottingham. He teaches and researches on UK hu-
man rights, European human rights, and international human rights. He has been a Fulbright
Distinguished Scholar and a Human Rights Fellow at the Harvard Law School. His publica-
tions include The Human Rights Committee (Oxford University Press, 1994), International
Relations Law of the European Union (Longman, 1997), From 9-11 to the Iraq War 2003 (Hart,
2004) and Human Rights and Religion—The Islamic Headscarf Debate in Europe (Hart, 2006).
He was a major contributor to and co-editor of The Permanent International Criminal Court
(Hart, 2004). Recent articles have concerned sexual orientation discrimination, religious
symbols, and the margin of appreciation.
Frédéric Mégret is an Associate Professor and Dawson Scholar at McGill University’s Faculty
of Law. He holds a PhD from the Université de Paris I and the Geneva Graduate Institute of
International Studies.
Daniel Moeckli is Assistant Professor of Public International Law and Constitutional Law at the
University of Zurich and a Fellow of the University of Nottingham Human Rights Law Centre.
He is the author of Human Rights and Non-discrimination in the ‘War on Terror’ (Oxford Uni-
versity Press, 2008) and Exclusion from Public Space: A Comparative Constitutional Analysis
(Cambridge University Press, 2016).
Michael O’Flaherty is Director of the European Union Agency for Fundamental Rights. Previ-
ously he has been Established Professor of Human Rights Law and Director of the Irish Centre
for Human Rights at the National University of Ireland, Galway and Professor of Applied
Human Rights at the University of Nottingham. He has also served as Chief Commissioner
of the Northern Ireland Human Rights Commission. From 2004–2012 he was a member, lat-
terly Vice Chair, of the United Nations Human Rights Committee. He was Rapporteur for the
2007 Yogyakarta Principles on the Application of International Human Rights Law Regarding
Sexual Orientation and Gender Identity.
Dianne Otto is Professorial Fellow at Melbourne Law School where she held the Francine V.
McNiff Chair in Human Rights Law from 2013–2016. Her research examines gender, sexual-
ity, and race inequalities in the context of international human rights law, the UN Security
Council’s peacekeeping work, the technologies of global ‘crisis governance’, threats to eco-
nomic, social and cultural rights, and the transformative potential of people’s tribunals and
other NGO initiatives. Recent publications include the ground-breaking collection, which
she edited, Queering International Law: Possibilities, Alliances, Complicities, Risks (Routledge
2017), an article on people’s tribunals in the London Review of International Law (2017) and
‘Feminist Approaches to International Law’ in Anne Orford and Florian Hoffman (eds),
Oxford Handbook of International Legal Theory (2016).
Catherine Renshaw, PhD, is Associate Professor and Deputy Head of the Thomas More Law
School at Australian Catholic University, where she teaches international human rights law.
xxx NOTES ON CONTRIBUTORS

Julie Ringelheim is Senior Researcher with the Belgian National Fund for Scientific Re-
search (FNRS) and with the Centre for Philosophy of Law of Louvain University (Belgium).
She teaches International Human Rights Law and Sociology of Law at Louvain University. She
holds a PhD from the European University Institute (Florence) and an LLM from Cambridge
University (UK).
Sir Nigel S Rodley was Professor of Law and Chair of the Human Rights Centre at the University
of Essex. From 1992 to 2001 he served as UN Commission on Human Rights Special Rap-
porteur on the question of torture. He was a member of the UN Human Rights Committee
from 2001 to 2016 and also served as its Chair. He was also President of the International
Commission of Jurists.
Martin Scheinin is, since 2008, Professor of International Law and Human Rights at the
European University Institute in Florence. He served as the UN Special Rapporteur on human
rights and counter-terrorism (2005–2011). He has a doctorate in law from the University of
Helsinki (1991) and was in 1997–2004 a member of the UN Human Rights Committee and in
1998–2008 Director of the Institute for Human Rights at Åbo Akademi University.
Sangeeta Shah is Associate Professor in the School of Law, University of Nottingham and Mem-
ber of the Human Rights Law Centre, University of Nottingham. She is the co-editor of the
Recent Developments Section of the Human Rights Law Review.
Sandesh Sivakumaran is Professor of Public International Law at the University of Nottingham.
He is a non-resident research scholar at the United States Naval War College Stockton Center
for International Law, a member of the advisory board of Geneva Call, and a member of the
working group on non-state armed groups at the Centre of Competence on Humanitarian
Negotiation. He is the author of The Law of Non-International Armed Conflict (OUP, 2012)
and co-author of Oppenheim’s International Law: United Nations (OUP, 2017) with Dame
Rosalyn Higgins, Philippa Webb, Dapo Akande, and James Sloan and Cases and Materials on
International Law (Sweet and Maxwell, 8th ed, 2015) with David Harris.
Theo van Boven is Professor Emeritus of International Law at Maastricht University, the
Netherlands. Over the years he has been closely associated with the human rights programme
of the UN, notably as Director of Human Rights, member of the Commission and the Sub-
Commission for Human Rights, member of the Committee on the Elimination of Racial Dis-
crimination, and Special Rapporteur on Torture.
Geraldine Van Bueren QC helped draft the UN Convention on the Rights of the Child and oth-
er international instruments. She is Professor of International Human Rights Law at Queen
Mary University of London and Visiting Fellow, Kellogg College, Oxford. She is a former
Commissioner on the Equality and Human Rights Commission and a barrister and member
of Doughty Street Chambers.
 ABBREVIATIONS

AAA American Anthropological Association

ACHPR African Charter on Human and Peoples’ Rights
ACHR American Convention on Human Rights
ACommHPR African Commission on Human and Peoples’ Rights
ADHR American Declaration of the Rights and Duties of Man
AICHR ASEAN Inter-governmental Commission on Human Rights
AIDS Acquired Immunodeficiency Syndrome
AJIL American Journal of International Law
APRM African Peer Review Mechanism
ASEAN Association of Southeast Asian Nations
ASIL American Society of International Law
AU African Union
BBC British Broadcasting Corporation
BC Before Christ
BGE Bundesgerichtsentscheid (Swiss Federal Supreme Court decision)
BYIL British Year Book of International Law
CAT Committee Against Torture
CDDH Steering Committee for Human Rights
CEDAW Convention on the Elimination of All Forms of Discrimination Against
Women
CEDAW-OP Optional Protocol to the CEDAW
CEJIL Center for Justice and International Law
CERD Committee on the Elimination of Racial Discrimination
CESCR Committee on Economic, Social and Cultural Rights
CFI Court of First Instance
CHR UN Commission on Human Rights
CIDA Canadian International Development Agency
CJEU Court of Justice of the European Union
CLP Current Legal Problems
CPED International Convention for the Protection of all Persons from Enforced
Disappearance
CRC Convention on the Rights of the Child
CRC-OP3 Optional Protocol to the Convention on the Rights of the Child on
a Communications Procedure
CRNZ Criminal Reports of New Zealand
CRPD Convention on the Rights of Persons with Disabilities
CRPD-OP Optional Protocol to the CRPD
CSCE Conference on Security and Cooperation in Europe
CTC Counter-Terrorism Committee
CUP Cambridge University Press
DANIDA Danish International Development Agency
Dec Decision
DFID UK Department for International Development
xxxii ABBREVIATIONS

DPKO UN Department of Peacekeeping Operations

DRC Democratic Republic of Congo
EACJ East African Court of Justice
EC European Community
ECHR European Convention on Human Rights
ECJ European Court of Justice
ECommHR European Commission on Human Rights
ECOMOG Economic Community of West African States Monitoring Group
ECOSOC UN Economic and Social Council
ECOSOCC Economic, Social and Cultural Council of the African Union
ECOWAS Economic Community of West African States
ECPT European Convention for the Prevention of Torture and Inhuman or
Degrading Treatment or Punishment
ECSR European Committee of Social Rights
EEC European Economic Community
EHRLR European Human Rights Law Review
EHRR European Human Rights Reports
EJ European Journal
EJIL European Journal of International Law
ELJ European Law Journal
ELR European Law Review
EPO European Patent Office
EU European Union
EWCA England and Wales Court of Appeal
EWHC England and Wales High Court
FAO UN Food and Agriculture Organization
FARC Revolutionary Armed Forces of Colombia
FRA Fundamental Rights Agency
FRY Federal Republic of Yugoslavia
G-20 The Group of Twenty
GA UN General Assembly
GDR German Democratic Republic
HDCA Human Development and Capability Association
HHRJ Harvard Human Rights Journal
HIPC Highly Indebted Poor Countries
HIV Human Immunodeficiency Virus
HLR Harvard Law Review
HMSO Her Majesty’s Stationery Office
HRAP Human Rights Advisory Panel
HRBA Human Rights-Based Approach
HRC Human Rights Committee
HR Council UN Human Rights Council
HRLJ Human Rights Law Journal
HRLR Human Rights Law Review
HRQ Human Rights Quarterly
IACtHR Inter-American Court of Human Rights
IACommHR Inter-American Commission on Human Rights
ICC International Criminal Court
ICCPR International Covenant on Civil and Political Rights
ICCPR-OP1 First Optional Protocol to the ICCPR
 ABBREVIATIONS xxxiii

ICCPR-OP2 Second Optional Protocol to the ICCPR

ICERD International Convention on the Elimination of All Forms of Racial
Discrimination
ICESCR International Covenant on Economic, Social and Cultural Rights
ICESCR-OP Optional Protocol to the ICESCR
ICLQ International and Comparative Law Quarterly
ICJ International Court of Justice
ICRC International Committee of the Red Cross
ICRMW International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families
ICTR International Criminal Tribunal for Rwanda
ICTY International Criminal Tribunal for the former Yugoslavia
IDC International Disability Caucus
IDEA International Development Ethics Association
IJHR International Journal of Human Rights
IJRL International Journal of Refugee Law
ILC International Law Commission
ILM International Legal Materials
ILO International Labour Organization
IMF International Monetary Fund
INSC Supreme Court of India
IR International Relations
IRA Irish Republican Army
IRRC International Review of the Red Cross
JCHR Joint Committee on Human Rights (UK)
JCSL Journal of Conflict and Security Law
JHR Journal of Human Rights
JICJ Journal of International Criminal Justice
KFOR Kosovo Force
KLA Kosovo Liberation Army
LGBT Lesbian, Gay, Bisexual, and Transgender
LGBTI Lesbian, Gay, Bisexual, Transgender, and Intersex
LJIL Leiden Journal of International Law
LNOJ League of Nations Official Journal
LTTE Liberation Tigers of Tamil Eelam
LQR Law Quarterly Review
MCC Millennium Challenge Corporation
MDGs Millennium Development Goals
MLR Modern Law Review
NAACP National Association for the Advancement of Colored People
NATO North Atlantic Treaty Organization
NEPAD New Partnership for Africa’s Development
NGO Non-Governmental Organization
NHRI National Human Rights Institution
NJIL Nordic Journal of International Law
NPMs National Preventive Mechanisms
NQHR Netherlands Quarterly of Human Rights
Nuremberg IMT Nuremberg International Military Tribunal
NYU New York University
NYUJILP New York University Journal of International Law and Politics
xxxiv ABBREVIATIONS

OAS Organization of American States

OAU Organization of African Unity
ODIHR Office for Democratic Institutions and Human Rights
OECD Organization for Economic Co-operation and Development
OHCHR Office of the UN High Commissioner for Human Rights
OIC Organisation of the Islamic Conference
OJLS Oxford Journal of Legal Studies
OPT Occupied Palestinian Territory
OSCE Organization of Security and Co-operation in Europe
OUP Oxford University Press
PACE Parliamentary Assembly of the Council of Europe
PAP Pan-African Parliament
PCIJ Permanent Court of International Justice
PKK Kurdistan Workers’ Party
PL Public Law
PLD Pakistan Legal Decisions
PRSPs Poverty Reduction Strategy Papers
PSC Peace and Security Council
Rec des Cours Recueil des Cours de l’Académie de Droit International
RECs Regional Economic Communities
Res Resolution
SADC Southern African Development Community
SC UN Security Council
SCSL Special Court for Sierra Leone
SDG Sustainable Development Goals
SGBV Sexual and Gender-Based Violence
SSR Soviet Socialist Republic
Tokyo IMT Tokyo International Military Tribunal
UDHR Universal Declaration of Human Rights
UK United Kingdom
UKHL United Kingdom House of Lords
UN United Nations
UNCAT Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
UNCAT-OP Optional Protocol to the UNCAT
UNDAT UN Declaration against Torture
UNDG UN Development Group
UNDG-HRM UN Development Group Human Rights Mainstreaming Mechanism
UNDP UN Development Programme
UNESCO UN Educational, Scientific and Cultural Organization
UNHCR UN High Commissioner for Refugees
UNICEF UN Children’s Fund
UNIFEM UN Development Fund for Women
UNMIK UN Interim Administration Mission in Kosovo
UNMISS UN Mission in South Sudan
UNRWA UN Relief and Works Agency for Palestine Refugees in the New East
UP University Press
UPR Universal Periodic Review
USA United States of America
USC United States Code
 ABBREVIATIONS xxxv

USSR Union of Soviet Socialist Republics

VCLT Vienna Convention on the Law of Treaties
WGC Working Group on Communications
WGS Working Group on Situations
WHO World Health Organization
WLR Weekly Law Reports
WTO World Trade Organization
YB Year Book
YJIL Yale Journal of International Law
 TABLE OF INTERNATIONAL
INSTRUMENTS
African Charter on Human and Peoples’ Rights Art 52 . . . 473
1981 (ACHPR) . . . 67, 103, 124, 144, 190, 194, Art 53 . . . 473
259, 271, 275, 414, 415, 421, 466, 468–71, 472, Art 55 . . . 472, 473
474, 475, 476, 511 Art 56 . . . 472, 473
Art 1 . . . 474 Art 57 . . . 472
Art 2 . . . 152, 153, 155, 157 Art 58 . . . 472
Art 3 . . . 152, 153, 157 Art 59(1) . . . 473
Art 4 . . . 166, 175, 178, 179, 180 Protocol on the African Court of Human and
Art 5 . . . 13, 165, 167 Peoples’ Rights 1998 . . . 477
Art 6 . . . 253, 255 Art 4(1) . . . 478
Art 7 . . . 180, 264, 276 Art 5 . . . 473
(1)(a) . . . 275 (3) . . . 473
(b) . . . 271 Art 7 . . . 421
(c) . . . 273 Art 18 . . . 477
(2) . . . 275 Art 27(1) . . . 478
Art 8 . . . 210, 470 (2) . . . 478
Art 9 . . . 217 Art 29(2) . . . 478
(2) . . . 470 Art 34(6) . . . 418, 473, 477, 478
Art 10 . . . 224, 470 Protocol on the Rights of Women in Africa
Art 11 . . . 228, 234, 470 2003 (PRWA) . . . 83, 152, 318, 471
(2)(c), (f) . . . 234 Art 1(j) . . . 319
(6) . . . 234 Art 2(1)(c) . . . 162
Art 12 . . . 470 (d) . . . 161
(3) . . . 543 (2) . . . 161
Art 13(1) . . . 469 Art 3(4) . . . 319
Art 15 . . . 244, 248, 468 Arts 3–24 . . . 161
Art 16 . . . 196, 468 Art 4 . . . 319
Art 17 . . . 468 Art 5(d) . . . 319
(1) . . . 234 Art 11(3) . . . 319
(2) . . . 280 Art 14(1) . . . 318
(3) . . . 239 Art 20 . . . 321
Art 18(2) . . . 470 Art 22(b) . . . 319
(3)–(4) . . . 152 Art 23(b) . . . 319
(3) . . . 470 Art 24 . . . 321
(4) . . . 470 African Charter on the Rights and Welfare of the
Art 19 . . . 469 Child 1990 . . . 327, 337, 470
Art 20 . . . 347, 469 Art 4 . . . 337
Art 21 . . . 415, 469 Art 7 . . . 338
Art 22 . . . 415, 469, 616 Art 11(3)(e) . . . 337
Art 23 . . . 415, 469 Art 15 . . . 245
Art 24 . . . 415, 469 Art 44 . . . 332
Art 27 . . . 415, 469 Art 46 . . . 338
(2) . . . 470 African Union Convention for the Protection
Art 28 . . . 152, 415, 469 and Assistance of Internally Displaced Persons
Art 29 . . . 415, 469 in Africa 2009
(6) . . . 245 Art 1 . . . 557
Art 30 . . . 471 American Convention on Human Rights 1969
Art 45 . . . 471 (ACHR) . . . 67, 77, 95, 113, 123, 124, 142, 144,
Arts 47–49 . . . 473 227, 228, 256, 425, 426, 427–8, 430, 431, 432,
Art 50 . . . 473 433, 435, 438, 487
xxxviii TABLE OF INTERNATIONAL INSTRUMENTS

Art 1 . . . 123, 152, 153, 154 Art 7 . . . 245

(1) . . . 427 (a) . . . 248
(2) . . . 113 (h) . . . 245
Art 2 . . . 428 Art 9 . . . 202
(1) . . . 113 Art 10 . . . 196
Art 4 . . . 175, 176, 179, 180, 339 Art 12 . . . 190
(1) . . . 112, 181, 328 Art 13 . . . 234
(2) . . . 179 Art 14 . . . 280
(3) . . . 179 Art 19(6) . . . 235
(4) . . . 179 Protocol No 2 to Abolish the Death Penalty
(5) . . . 181 1991 . . . 427
(6) . . . 180 American Declaration on the Rights and
Art 5 . . . 165, 166, 167, 173 Duties of Man 1948 . . . 81, 414, 415, 425,
(1) . . . 339 426, 433
(2) . . . 258, 339 Art I . . . 253
Art 6 . . . 13 Art II . . . 152
Art 7 . . . 253, 255, 260 Art XIII . . . 280
(4) . . . 258, 273 Art XVI . . . 202
(5) . . . 260 Art XXIII . . . 416
(6) . . . 259 Art XXVII . . . 543
Art 8 . . . 234, 264, 271, 339 American Declaration on the Rights of
(1) . . . 265, 266, 269, 270(a) . . . 274 Indigenous Peoples 2016 . . . 427
(2) . . . 271 Arab Charter on Human Rights 2004 . . . 412, 415,
(c) . . . 273 416, 420, 423
(d) . . . 273 Art 2 . . . 152
(e) . . . 274 Art 3(3) . . . 416, 422
(f) . . . 274 Art 4 . . . 415
(g) . . . 272 Art 7 . . . 416
(h) . . . 275 Art 8 . . . 416
(3) . . . 272 Art 9 . . . 152
(4) . . . 275 Art 10 . . . 415
(5) . . . 271 Art 12 . . . 264
Art 9 . . . 264, 276 Art 13 . . . 264
Art 10 . . . 259, 275 Art 14 . . . 253
Art 11 . . . 299 Art 16 . . . 264
Art 12 . . . 210 Art 17 . . . 264
Art 13 . . . 217, 234 Art 24 . . . 224
(5) . . . 161 Art 30 . . . 210, 422
Art 14 . . . 217 Art 32 . . . 217
Art 15 . . . 228 Art 34 . . . 245, 416
Art 16 . . . 224 Art 35 . . . 152
Art 17 . . . 513 Art 37 . . . 416, 616
Art 18 . . . 513 Art 39(1) . . . 416
Art 19 . . . 338, 339 Art 40 . . . 416
Art 22(7) . . . 543 Art 41 . . . 235
Art 24 . . . 152, 153, 154 (2) . . . 416
Art 25 . . . 339 Art 43 . . . 421
Art 26 . . . 414 Art 45(1) . . . 418
Art 27 . . . 103, 176, 511 ASEAN Human Rights Declaration 2012 . . . 412,
Arts 34–37 . . . 429 416, 417, 420, 423
Art 44 . . . 105, 113, 428 Arts 1, 2, 3 . . . 152
Art 46(1) . . . 429 Art 4 . . . 416
Art 63 . . . 424 Art 6 . . . 416
(1) . . . 424 Art 7 . . . 421, 422
Art 78 . . . 107, 427 Art 8 . . . 421
Additional Protocol in the Area of Economic, Art 9 . . . 152
Social and Cultural Rights (San Salvador Art 22 . . . 210
Protocol) 1999 . . . 280, 427 Art 23 . . . 217
Art 6 . . . 245 Art 24 . . . 228
(1) . . . 245 Art 27(3) . . . 416
 TABLE OF INTERNATIONAL INSTRUMENTS xxxix

Art 31 . . . 235 Art 14 . . . 198, 318

Art 32 . . . 280 (2) . . . 193
Arts 35–37 . . . 416 (c) . . . 202
Art 38 . . . 416 Art 15(2) . . . 268
(3) . . . 317
Charter of Fundamental Rights of the European Art 16(1) . . . 319
Union 2000 . . . 264, 298, 411, 462–3, 564 (d) . . . 319
Art 5 . . . 244 (e) . . . 318
Art 6 . . . 253, 462 Optional Protocol 1999 (CEDAW-OP) . . . 66,
Art 10 . . . 210, 216 388, 394
Art 11 . . . 217 Art 8 . . . 82
Art 12 . . . 224 Art 16 . . . 319
Art 13 . . . 283 Convention on the Prevention and Punishment
Art 14 . . . 234 of the Crime of Genocide 1948 . . . 18, 67, 90,
(2) . . . 234 95, 524, 525, 535
Art 18 . . . 543 Convention on the Prohibition of the
Art 20 . . . 152 Development, Production and Stockpiling
Art 21(1) . . . 152 of Bacteriological (Biological) and Toxin
Art 23 . . . 152 Weapons and on their Destruction 1972 . . . 505
Art 27 . . . 244 Convention on the Prohibition of the
Art 30 . . . 244 Development, Production and Stockpiling
Art 51(1) . . . 462 and Use of Chemical Weapons and on their
Art 52 . . . 462 Destruction 1993 . . . 505
(3) . . . 462 Convention on the Protection of the Underwater
Charter of the International Military Tribunal Cultural Heritage 2001 . . . 284
1945 (Nuremberg) Convention concerning the Protection of the World
Art 6 . . . 71 Cultural and Natural Heritage 1972 . . . 284
Charter of the Organization of African Unity Convention on the Rights of the Child 1989
1963 (OAU Charter) . . . 466 (CRC) . . . 66, 68, 80, 140, 151, 192, 211, 326,
Charter of the Organization of American States 339, 341, 388, 470, 507
1948 (OAS Charter) . . . 426–7 preamble . . . 328
Art 106 . . . 427, 428 Art 1 . . . 328
Convention on the Elimination of All Forms Art 2 . . . 152, 329
of Discrimination Against Women 1979 (1) . . . 153, 154
(CEDAW) . . . 66, 69–70, 82, 92, 140, 151, 159, Art 3 . . . 487
267–8, 310, 311, 315–21, 324, 388, 471, 493 (1) . . . 329, 330
Art 1 . . . 69, 154, 157, 315 Art 5 . . . 329, 332
Art 2(e) . . . 161, 316 Art 6 . . . 198, 329, 331
(f) . . . 316 Art 7(1) . . . 486
Art 3 . . . 161, 163, 316 Art 12 . . . 217, 329,
Art 4(1) . . . 162, 316 330, 335, 336, 486
(2) . . . 316, 318 (1) . . . 331
Art 5 . . . 161, 316 (2) . . . 331
(a) . . . 317 Art 13 . . . 217, 335, 336
(b) . . . 317 Art 14 . . . 335, 336
Art 6 . . . 115, 161, 316 (2) . . . 336
Art 10 . . . 233, 236 Art 15 . . . 336
(c) . . . 236, 316, 317 Art 17 . . . 335
(f) . . . 316 Art 19 . . . 333, 334, 335
(h) . . . 317 Art 21 . . . 327
Art 11 . . . 115, 243 Art 22 . . . 327, 335
(1)(e) . . . 202 Art 23 . . . 329, 335, 486
(f) . . . 316 (3) . . . 335
(2) . . . 315 Art 24 . . . 190, 196, 199
(c) . . . 317 (2)(a) . . . 198
Art 12 . . . 196, 198 Art 26 . . . 202, 486
(1) . . . 318 Art 27 . . . 187, 190, 193, 198
(2) . . . 316 (2) . . . 198
Art 13(a) . . . 202 (3) . . . 198
(c) . . . 280 Art 28 . . . 152, 233
xl TABLE OF INTERNATIONAL INSTRUMENTS

Art 29 . . . 335 Arts 3–34 . . . 542, 549

Art 29(1) . . . 234 Art 5 . . . 539, 543, 550
(a) . . . 236 Art 6 . . . 544
Art 29(2) . . . 234 Art 9 . . . 542
Art 31(2) . . . 280 Arts 10, 11 . . . 544
Art 32 . . . 244, 245 Art 13 . . . 544, 549
(1) . . . 234 Arts 14, 15, 16 . . . 549
Art 34 . . . 333, 334 Arts 17–19 . . . 549
Art 35 . . . 334 Art 19 . . . 544
Art 36 . . . 333 Art 20–24 . . . 544, 549
Art 37 . . . 181, 333 Art 21 . . . 193
(a) . . . 333 Art 22 . . . 549
Art 38 . . . 327, 333, 334 Art 25 . . . 544
(1) . . . 507 Arts 28, 29, 30 . . . 544
Art 39 . . . 335 Art 31 . . . 542, 544, 549
Art 40 . . . 264, 276, 333 (1) . . . 542
Art 42 . . . 336 Art 33 . . . 540, 545, 548, 549
Art 43 . . . 327 Art 33(1) . . . 547, 548, 549
Optional Protocol on the Involvement of (2) . . . 547, 549
Children in Armed Conflict 2000 . . . 66, 327, Art 34 . . . 544, 551
334, 388 Arts 35, 36 . . . 541
Art 4(1) . . . 507 Protocol 1967 . . . 471, 540, 541, 545
Optional Protocol on the Sale of Art II . . . 541
Children, Child Prostitution and Child Convention Against Torture and Other Cruel,
Pornography . . . 66, 327, 334, 388 Inhuman or Degrading Treatment 1984
Art 4 . . . 334 (UNCAT) . . . 66, 71, 73, 76, 80, 103, 152, 167,
Art 5 . . . 334 170, 171, 183, 323, 324, 388, 408, 588
Art 8 . . . 334 Art 1 . . . 76, 169, 587
Optional Protocol on a Communications (1) . . . 515
Procedure 2011 . . . 66, 327, 332, 386, 388, 395 Art 2(2) . . . 587
Art 7 . . . 394 Art 3 . . . 119, 174
Art 12 . . . 393 Arts 5–8 . . . 174
Convention on the Rights of Persons with Art 7 . . . 173, 174
Disabilities 2006 (CRPD) . . . 66, 80, 140, Art 15 . . . 264, 272
145, 151, 388, 486 Art 16 . . . 119, 170
Art 1 . . . 154 Art 21 . . . 393
Art 2 . . . 162 Art 22 . . . 394
Art 3 . . . 244 Optional Protocol 2002 (UNCAT-OP) . . . 66,
Art 5 . . . 154, 244 167, 388, 393
Art 13 . . . 264 Cotonou Agreement between the Members of
Art 14 . . . 253 the African, Caribbean and Pacific Group of
(1)(b) . . . 255 States and the European Community and its
Art 27 . . . 244 Member States 2000
Art 30 . . . 286 Art 6 . . . 557
(1) . . . 280 Council of Europe Convention on Preventing
Art 43 . . . 111 and Combating Violence against Women
Arts 57–63 . . . 244 and Domestic Violence 2011 . . . 70,
Optional Protocol 2006 (CRPD-OP) . . . 66, 298, 319
388, 394 Art 4(3) . . . 83
Convention on the Safeguarding of Intangible Art 5 . . . 83
Cultural Heritage 2003 . . . 284 Arts 6, 12(6), 18(3) . . . 319
Convention relating to the Status of Refugees Art 75 . . . 65, 67
1951 . . . 67, 540, 541, 544, 546 Art 76 . . . 67
preamble . . . 542, 543 Council of Europe Convention on the Protection
Art 1(A)(2) . . . 541, 545 of Children Against Sexual Exploitation and
Art 1(B) . . . 541 Sexual Abuse 2007 . . . 298
Art 1(C) . . . 551 Covenant of the League of Nations 1919 . . . 15
Art 1(D) . . . 542
Art 1(F) . . . 541 Equal Remuneration Convention 1951 . . . 67
Art 2 . . . 542 European Charter for Regional or Minority
Art 3 . . . 549 Languages 1992 . . . 360
 TABLE OF INTERNATIONAL INSTRUMENTS xli

European Convention on Human Rights 1950 Art 43 . . . 451, 453

(ECHR) . . . 53, 67, 72, 77, 80, 90, 91, 94, 96, (3) . . . 451, 453
102, 111, 117, 118, 120, 121, 122, 123, 128, 130, Art 44 . . . 451, 453
142, 144, 159, 177, 178, 227, 238, 240, 280, 283, (1) . . . 451, 453
331, 341, 414, 417, 442, 443, 444, 445, 447–59, (2)(c) . . . 453
462, 486, 519, 533 Art 46(1) . . . 458
Art 1 . . . 508–9 (2) . . . 451, 453, 459
Art 2 . . . 175, 176, 182, 454, 456, 517 (4) . . . 451, 453
(1) . . . 181 Art 56 . . . 120
(2) . . . 177 Art 57 . . . 93
Arts 2–13 . . . 447 Art 58 . . . 107
Art 3 . . . 76, 119, 167, 168, 173, 176, 181, 434, Art 59(2) . . . 65, 460
456 Protocol No 1 . . . 447
Art 4 . . . 13, 454 Art 1 . . . 456, 458
Art 5 . . . 80, 253, 256, 454, 514, 516 Art 2 . . . 210, 216, 234
(1) . . . 116, 255, 256, 454, 514, 516 Protocol No 4 . . . 447
(f) . . . 256 Art 4 . . . 547
(2) . . . 258 Protocol No 6 . . . 175, 414, 447
(3) . . . 260 Protocol No 7 . . . 447
(4) . . . 259, 516 Art 2 . . . 275
(5) . . . 259, 260 Art 3 . . . 275
Art 6 . . . 119, 120, 264, 271, 456 Art 4 . . . 275
(1) . . . 265, 266, 269, 270, 271, 272 Protocol No 11 . . . 449, 451
(2) . . . 271 Protocol No 12 . . . 152, 153, 154, 414, 448
(3)(a) . . . 273 Protocol No 13 . . . 175, 178, 414
(b) . . . 273 Protocol No 14 . . . 444, 448, 449, 450, 452, 454,
(c) . . . 273 455, 460
(d) . . . 274 Protocol No 14bis . . . 449
(e) . . . 274 Protocol No 15 . . . 421, 449
Art 7 . . . 264, 276 Art 1 . . . 457
(2) . . . 276 Art 3 . . . 455
Art 8 . . . 153, 299, 456 Art 4 . . . 454
Art 9 . . . 210, 216, 217 Art 5 . . . 454
Art 10 . . . 217, 221, 223, 447 Protocol No 16 . . . 450
Art 11 . . . 224, 225, 226, 227, 228, 447 European Convention for the Prevention of
Art 13 . . . 456 Torture and Inhuman or Degrading
Art 14 . . . 152, 153, 154, 155, 157, 158, 447, Treatment or Punishment 1987 (ECPT) . . . 445,
448, 567 446
Art 15 . . . 103, 176, 447, 456, 511 European Social Charter 1961 . . . 144, 244, 414,
Art 17 . . . 223, 414, 447 445
Art 18 . . . 414, 447 Art 10 . . . 234
Art 24 . . . 105 Art 11 . . . 196
Art 27(1) . . . 453 Art 12 . . . 202
(3) . . . 453 Art 13 . . . 202
Art 28 . . . 451 Art 14 . . . 202
(1)(a) . . . 451, 453 Art 31 . . . 194
(b) . . . 453 Additional Protocol 1988 . . . 244
Art 29(1) . . . 453 European Social Charter (Revised) 1996 . . . 244,
(2) . . . 451 445
Art 30 . . . 451, 453 Art 1(1) . . . 248
Art 31(a) . . . 451, 453 (2) . . . 247
Art 33 . . . 451 (3) . . . 248
Art 34 . . . 453 Art 4 . . . 248
Art 35(3)(b) . . . 449, 454 Arts 10–13 . . . 250
(4) . . . 449, 453 Art 15(3) . . . 280
Art 39(1) . . . 451, 453 Art 17 . . . 340
(3) . . . 451, 453
(4) . . . 453 Framework Convention for the Protection of
Art 42 . . . 451, 453 National Minorities 1995 . . . 446
(2)(c) . . . 451 Arts 12–14 . . . 234
xlii TABLE OF INTERNATIONAL INSTRUMENTS

Framework Convention on the Value of Cultural Geneva Convention Relative to the Protection of
Heritage for Society 2005 . . . 284 Civilian Persons in Time of War 1949 (Fourth
Geneva Convention) . . . 12, 18, 516
Geneva Conventions 1949 . . . 504, 509, 535 Art 32 . . . 167
Common Art 3 . . . 167, 504, 514, 530, 571 Art 42 . . . 514
(1)(c) . . . 507 Art 78 . . . 514, 516
Additional Protocol I relating to the Protection Art 147 . . . 167
of Victims of International Armed Conflicts Geneva Protocol for the Prohibition of the Use
1977 . . . 504, 509, 511 in War of Asphyxiating, Poisonous or Other
Art 1(4) . . . 358, 504 Gases, and of Bacteriological Methods of
Art 10 . . . 505 Warfare 1925 . . . 505
Art 15 . . . 505
Art 35(2) . . . 505 Hague Conventions 1899 . . . 12
Art 39 . . . 505 Hague Convention (II) with Respect to the Laws
Art 40 . . . 505 and Customs of War on Land and its Annex:
Art 41 . . . 505 Regulations concerning the Law and Customs
Art 51(2) . . . 505 of War on Land 1899
(4) . . . 505 Art 56 . . . 284
(5)(b) . . . 505, 506 Hague Convention on the Civil Aspects of
Art 52(1) . . . 505 International Child Abduction
Art 53 . . . 284 1980 . . . 341
Art 57 . . . 505 Hague Convention for the Protection of Cultural
Art 72 . . . 511 Property in the Event of Armed Conflict 1954
Art 75 . . . 505, 507 Art 4 . . . 284
Art 76 . . . 505 Hague Convention (IV) Respecting the Laws and
Art 77 . . . 505 Customs of War on Land 1907 . . . 12
Art 88(1) . . . 508 Art 56 . . . 284
Art 90 . . . 509 Regulations . . . 504
Additional Protocol II relating to the Human Rights Declaration of the Cooperation
Protection of Victims of Non-International Council for the Arab States of the Gulf (GCC
Armed Conflicts 1977 . . . 504, 511 Declaration) 2015 . . . 412
preamble . . . 507, 511
Art 4 . . . 505, 507 ICC Statute see Rome Statute of the International
Art 6(2)(a) . . . 515 Criminal Court 1998
Arts 7–9 . . . 505 ILC Articles on Responsibility of States for
Art 13(2) . . . 505 Internationally Wrongful Acts 2001 . . . 114
Art 16 . . . 284 Arts 5, 8, 11 . . . 114
Art 19 . . . 508 ILO Constitution 1919
Geneva Convention for the Amelioration of the Art 19(3) . . . 245
Wounded and Sick in the Field 1949 (First (8) . . . 245
Geneva Convention) . . . 12, 18 ILO Convention No 1 Limiting the Hours
Arts 12–15 . . . 505 of Work in Industrial Undertakings
Art 12 . . . 167 1919 . . . 245, 246
Arts 24–32 . . . 503 ILO Convention No 2 concerning
Art 46 . . . 510 Unemployment 1919 . . . 246
Art 50 . . . 167 ILO Convention No 3 concerning Maternity
Geneva Convention for the Amelioration of the Protection 1919 . . . 312
Wounded, Sick and Shipwrecked Members ILO Convention No 4 concerning Employment
of Armed Forces at Sea 1949 (Second Geneva of Women during the Night 1919 . . . 312
Convention) . . . 12, 18 ILO Convention No 29 on Forced
Art 12 . . . 167 Labour 1930
Art 51 . . . 167 Art 2(1) . . . 247
Geneva Convention Relative to the Treatment (3) . . . 247
of Prisoners of War 1949 (Third Geneva Protocol No 29 of 2014 . . . 247
Convention) . . . 12, 18, 516 ILO Convention No 45 on the Employment of
Art 13 . . . 510 Women on Underground Work in Mines of
Art 17 . . . 167 All Kinds 1935 . . . 312
Art 21 . . . 509, 514 ILO Convention No 90 on Equal
Art 87 . . . 167 Remuneration 1951
Art 130 . . . 167 Art 2 . . . 249
 TABLE OF INTERNATIONAL INSTRUMENTS xliii

ILO Convention No 100 concerning Equal Inter-American Convention on the Prevention,

Remuneration for Men and Women Workers Punishment and Eradication of Violence
for Work of Equal Value 1951 . . . 67 against Women 1994 (CPPEVAW) . . . 83, 319,
ILO Convention No 105 concerning the 427
Abolition of Forced Labour 1957 Art 1 . . . 319
Art 1 . . . 247 Art 7(b) . . . 319
ILO Convention No 107 concerning Indigenous Art 9 . . . 321
and Tribal Populations 1957 . . . 362, 363 Inter-American Convention on Protecting the
ILO Convention No 111 concerning Human Rights of Older Persons 2015 . . . 298
Discrimination in Respect of Employment and Art 21 . . . 280
Occupation 1958 . . . 248 Inter-American Convention against Racism,
ILO Convention No 122 concerning Racial Discrimination and Related Forms of
Employment Policy 1964 . . . 248 Intolerance 2013 . . . 152, 427
ILO Convention No 142 concerning Vocational Inter-American Declaration of Principles on
Guidance and Vocational Training in the Freedom of Expression 2000 . . . 427
Development of Human Resources 1975 . . . 250 Inter-American Democratic Charter 2001 . . . 427
ILO Convention No 158 concerning Termination International Agreement for the Suppression of
of Employment at the Initiative of the the White Slave Traffic 1904 . . . 312
Employer 1982 . . . 248 International Convention on the Abolition of
ILO Convention No 169 concerning Indigenous Slavery and the Slave Trade 1926 . . . 13
and Tribal Peoples in Independent Countries International Convention on the Elimination
1989 . . . 199, 280, 362, 363 of All Forms of Racial Discrimination 1966
ILO Convention No 176 concerning Safety and (ICERD) . . . 66, 113, 140, 151, 159, 267, 387,
Health of Workers in Mines 1995 . . . 246 388, 414–15, 493
ILO Convention No 182 concerning the Prohibition Art 1(1) . . . 154, 157
and Immediate Action for the Elimination of the (4) . . . 162
Worst Forms of Child Labour 1999 . . . 246 Art 2 . . . 153
Art 3(d) . . . 248 (1)(d) . . . 161
Art 7(2) . . . 250 (e) . . . 161
ILO Convention No 184 concerning Safety and (2) . . . 161, 163
Health in the Agricultural Sector 2001 . . . 246 Art 4 . . . 161, 217, 222
ILO Convention No 189 concerning Decent Art 5 . . . 115, 153
Work for Domestic Workers 2011 . . . 246 (a) . . . 264, 268
ILO Declaration concerning Aims and Purposes (e) . . . 161
1944 (Declaration of Philadelphia) . . . 243 (iii) . . . 193
ILO Declaration on Fundamental Principles and (iv) . . . 196, 279–80
Rights at Work 1998 . . . 248 Art 7 . . . 161
ILO Declaration on Social Justice for a Fair Arts 12–13 . . . 393
Globalization 2008 . . . 243 Art 14 . . . 394
ILO Recommendation No 200 on HIV/Aids and Art 21 . . . 107
the World of Work 2010 . . . 246 International Convention for the Protection of
Inter-American Convention on the Elimination All Persons from Enforced Disappearance
of All Forms of Discrimination Against 2006 (CPED) . . . 66, 103, 146, 152, 386, 388,
Persons with Disabilities 1999 . . . 152, 427 394, 423
Inter-American Convention Against All Forms Art 1 . . . 263
of Discrimination and Intolerance 2013 . . . 152, Art 2 . . . 262
298, 427 Art 24 . . . 146
Art 1(2) . . . 157 Art 27 . . . 399
Art 5 . . . 163 Art 30 . . . 393
Inter-American Convention on Forced Art 31 . . . 394
Disappearance of Persons 1994 . . . 263, 423, Art 32 . . . 393
427 Art 33 . . . 392
Art II . . . 262 Art 34 . . . 393
Inter-American Convention to Prevent and International Convention on the Protection
Punish Torture 1985 . . . 427 of the Rights of All Migrant Workers
Art 1 . . . 339 and Members of their Families 1990
Art 2 . . . 170 (ICRMW) . . . 66, 68, 140, 151–2, 154, 388
Art 6 . . . 339 Art 1(1) . . . 152, 155
Art 8 . . . 339 Art 7 . . . 152, 153, 155, 244
xliv TABLE OF INTERNATIONAL INSTRUMENTS

Art 16 . . . 253 (3) . . . 260

(7) . . . 261 (4) . . . 259, 266
Art 18 . . . 152, 264 (5) . . . 259
Art 25 . . . 152, 244 Art 10 . . . 167
Art 27 . . . 152 (1) . . . 165, 258, 259
Art 28 . . . 152 (2)(a) . . . 261
Art 30 . . . 152 (b) . . . 261
Art 43 . . . 152(1) (3) . . . 261
(g) . . . 280 Art 11 . . . 104, 255, 512
Art 45 . . . 152 Art 12 . . . 254, 305, 593
Art 52 . . . 244 (3) . . . 100
Art 54 . . . 152 Art 13 . . . 111
Art 55 . . . 152 Art 14 . . . 180, 264, 265, 266, 269, 271, 536,
Art 70 . . . 152 588, 589
Art 76 . . . 393 (1) . . . 70, 265, 266, 267, 269, 270, 271
Art 77(8) . . . 393, 423 (2) . . . 271
International Convention for the Suppression of (3)(a) . . . 273
White Slave Traffic 1910 . . . 312 (b) . . . 273
International Convention on the Suppression (c) . . . 270
and Punishment of the Crime of Apartheid (d) . . . 267, 273, 274
1973 . . . 67 (e) . . . 274
International Convention for the Suppression (f) . . . 273
of the Traffic in Women and Children (g) . . . 272
1921 . . . 312 (4) . . . 276
International Convention for the Suppression of (5) . . . 180, 275
the Traffic in Women of Full Age 1933 . . . 312 (6) . . . 275
International Covenant on Civil and Political (7) . . . 275
Rights 1966 (ICCPR) . . . 19, 66, 72, 76, 80, 91, Art 15 . . . 104, 179, 180, 276, 533, 586, 589
92, 93, 94, 97, 100, 101, 103, 107, 113, 114, 119, (2) . . . 276
120, 124–5, 126, 136, 140, 141, 142, 143, 154, Art 16 . . . 104, 512
157, 158, 162, 176, 225, 226, 247, 262, 304, 346, Art 17 . . . 221, 228, 299, 300, 593
387, 388, 395, 396, 413, 414, 421, 490, 491, 493, (1) . . . 313
519, 543, 584, 588 Art 18 . . . 104, 210, 211, 212, 213, 215, 228
preamble . . . 23, 27, 165, 507 (1) . . . 214
Art 1 . . . 113, 347, 415 (2) . . . 213, 215
(1) . . . 347 (3) . . . 214, 216
(2) . . . 143, 347 (4) . . . 211, 242
(3) . . . 349 Art 19 . . . 100, 217, 223, 257, 300
Art 2 . . . 89, 136, 151, 153, 210, 301, 546, 563 (1) . . . 218
(1) . . . 111, 120, 124, 152, 309, 313, 584 (2) . . . 218
Art 3 . . . 151, 210, 309, 313, 314 (3) . . . 221, 222
Art 4 . . . 103, 142, 176, 511 Art 20 . . . 115, 161, 217, 222
(2) . . . 142, 587, 589 Art 21 . . . 100, 228, 229, 230
Art 5(1) . . . 355 Art 22 . . . 100, 113, 224, 243
Art 6 . . . 68, 104, 120, 123, 175, 176, 177, 178, (2) . . . 226, 227
180, 182, 322, 513 Art 23(1) . . . 305, 313
(1) . . . 176, 179, 181 (2) . . . 305
(2) . . . 179, 180 (4) . . . 310, 313
(4) . . . 180 Art 24(2) . . . 305
(5) . . . 181, 333 Art 25 . . . 111, 550
Art 7 . . . 104, 120, 165, 167, 173, 181, 259, 272, Art 26 . . . 151, 153, 154, 155, 156, 160, 210, 236,
322, 584 266, 301, 302, 305, 546
Art 8 . . . 13 Art 27 . . . 113, 138, 210, 240, 280, 285, 286,
(1) . . . 104, 246 360, 361
(2) . . . 104 Art 40 . . . 75
(3) . . . 243 Art 41 . . . 393
Art 9 . . . 183, 253, 303, 588, 589 Art 50 . . . 114
(1) . . . 257 Optional Protocol (ICCPR-OP1) . . . 66, 141,
(2) . . . 258, 260 345, 388, 394
Another random document with
no related content on Scribd:
against harboring her. It has been plain to see in all such cases
which I have chanced upon in colonial records that the Court had a
strong leaning towards the husband’s side of the case; perhaps
thinking, like Anneke Schaets, that the wife should “share the sweets
and the sours like a Christian spouse.”
In 1697 Daniel Vanolinda petitioned that his wife be “ordyred to go
and live with him where he thinks convenient.” The wife’s father was
promptly notified by the Albany magistrates that he was “discharged
to shelter her in his house or elsewhere, upon Penalty as he will
answer at his Perill;” and she returned to her husband.
In the year 1665 a New Amsterdammer named Lantsman and his
wife, Beletje, were sorely estranged, and went to the courts for
settlement of these differences. The Court gave the matter into the
hands of two of the Dutch ministers, who were often assigned the
place of peacemakers. As usual, they ordered the parents of Beletje
to cease from harboring or abetting her. The husband promised to
treat her well, but she answered that he always broke his promises
to her. He was determined and assiduous to retrieve her, and finally
was successful; thus they were not made “an example to other evil
housekeepers.” A curious feature of this marriage quarrel is the fact
that this Lantsman, who was so determined to retain his wife, had
been more than recreant about marrying her. The banns had been
published, the wedding-day set, but Bridegroom Lantsman did not
appear. Upon being hauled up and reprimanded, his only proffered
excuse was the very simple one that his clothes were not ready.
When Anniatje Fabritius requested an order of court for her
husband to vacate her house with a view of final separation from
him, it was decided by the arbitrators that no legal steps should be
taken, but that “the parties comport themselves as they ought, in
order that they win back each other’s affections, leaving each other
in meanwhile unmolested”—which was very sensible advice. Another
married pair having “met with great discouragement” (which is
certainly a most polite expression to employ on such a subject),
agreed each to go his and her way, after an exact halving of all their
possessions.
 Nicasius de Sille, magistrate of New Utrecht and poet of New
Netherland, separated his life from that of his wife because—so he
said—she spent too much money. It is very hard for me to think of a
Dutch woman as “expensefull,” to use Pepys’ word. He also said she
was too fond of schnapps,—which her respected later life did not
confirm. Perhaps he spoke with poetic extravagance, or the nervous
irritability and exaggeration of genius. Albert Andriese and his wife
were divorced in Albany in 1670, “because strife and difference hath
arisen between them.” Daniel Denton was divorced from his wife in
Jamaica, and she was permitted to marry again, by the new
provincial law of divorce of 1672. These few examples break the
felicitous calm of colonial matrimony, and have a few companions
during the years 1670-72; but Chancellor Kent says “for more than
one hundred years preceding the Revolution no divorce took place in
the colony of New York;” and there was no way of dissolving a
marriage save by special act of Legislature.
Occasionally breach-of-promise suits were brought. In 1654
Greetje Waemans produced a marriage ring and two letters,
promissory of marriage, and requested that on that evidence Daniel
de Silla be “condemned to legally marry her.” He vainly pleaded his
unfortunate habit of some days drinking too much, and that on those
days he did much which he regretted; among other things, his
bacchanalian love-making of Greetje. François Soleil, the New
Amsterdam gunsmith, another recreant lover, swore he would rather
go away and live with the Indians (a terrible threat) than marry the
fair Rose whom he had left to droop neglected—and unmarried.
One curious law-case is shown by the injunction to Pieter Kock
and Anna van Voorst. They had entered into an agreement of
marriage, and then had been unwilling to be wedded. The
burgomasters and schepens decided that the promise should remain
in force, and that neither should marry any other person without the
permission of the other and the Court; but Anna did marry very
calmly (when she got ready) another more desirable and desired
man without asking any one’s permission.
It certainly gives us a great sense of the simplicity of living in those
days to read the account of the suit of the patroon of Staten Island in
1642 against the parents of a fair young Elsje for loss of services
through her marriage. She had been bound out to him as a servant,
and had married secretly before her time of service had expired. The
bride told the worshipful magistrates that she did not know the young
man when her mother and another fetched him to see her; that she
refused his suit several times, but finally married him willingly
enough,—in fact, eloped with him in a sail-boat. She demurely
offered to return to the Court, as compensation and mollification, the
pocket-handkerchief which was her husband’s wedding-gift to her.
Two years later, Elsje (already a widow) appeared as plaintiff in a
breach-of-promise suit; and offered, as proof of her troth-plight, a
shilling-piece which was her second lover’s not more magnificent
gift. Though not so stated in the chronicle, this handkerchief was
doubtless given in a “marriage-knot,”—a handkerchief in which was
tied a gift of money. If the girl to whom it was given untied the knot, it
was a sign of consent to be speedily married. This fashion of
marriage-knots still exists in parts of Holland. Sometimes the knot
bears a motto; one reads when translated, “Being in love does no
harm if love finds its recompense in love; but if love has ceased, all
labor is in vain. Praise God.”
Though second and third marriages were common enough among
the early settlers of New Netherland, I find that usually attempts at
restraint of the wife were made through wills ordering sequent loss of
property if she married again. Nearly all the wills are more favorable
to the children than to the wife. Old Cornelius Van Catts, of
Bushwick, who died in 1726, devised his estate to his wife Annetje
with this gruff condition: “If she happen to marry again, then I geff her
nothing of my estate, real or personal. But my wife can be master of
all by bringing up to good learning my two children. But if she comes
to marry again, then her husband can take her away from the farm.”
John Burroughs, of Newtown, Long Island, in his will dated 1678
expressed the general feeling of husbands towards their prospective
widows when he said, “If my wife marry again, then her husband
must provide for her as I have.”
Often joint-wills were made by husband and wife, each with equal
rights if survivor. This was peculiarly a Dutch fashion. In Fordham in
1670 and 1673, Claude de Maistre and his wife Hester du Bois,
Pierre Cresson and his wife Rachel Cloos, Gabriel Carboosie and
Brieta Wolferts, all made joint-wills. The last-named husband in his
half of the will enjoined loss of property if Brieta married again.
Perhaps he thought there had been enough marrying and giving in
marriage already in that family, for Brieta had had three husbands,—
a Dane, a Frieslander, and a German,—and his first wife had had
four, and he—well, several, I guess; and there were a number of
children; and you couldn’t expect any poor Dutchman to find it easy
to make a will in all that confusion. In Albany may be found several
joint-wills, among them two dated 1663 and 1676; others in the
Schuyler family. There is something very touching in the thought of
those simple-minded husbands and wives, in mutual confidence and
affection, going, as we find, before the notary together and signing
their will together, “out of love and special nuptial affection, not
thereto misled or sinisterly persuaded,” she bequeathing her dower
or her father’s legacy or perhaps her own little earnings, and he his
hard-won guilders. It was an act significant and emblematic of the
ideal unison of interests and purposes which existed as a rule in the
married life of these New York colonists.
Mrs. Grant adds abundant testimony to the domestic happiness
and the marital affection of residents of Albany a century later. She
states:—
“Inconstancy or even indifference among married couples
was unheard of, even where there happened to be a
considerable disparity in point of intellect. The extreme
affection they bore their mutual offspring was a bond that
forever endeared them to each other. Marriage in this colony
was always early, very often happy, and very seldom indeed
interested. When a man had no son, there was nothing to be
expected with a daughter but a well brought-up female slave,
and the furniture of the best bed-chamber. At the death of her
father she obtained another division of his effects, such as he
thought she needed or deserved, for there was no rule in
these cases.
 “Such was the manner in which those colonists began life;
nor must it be thought that those were mean or uninformed
persons. Patriots, magistrates, generals, those who were
afterwards wealthy, powerful, and distinguished, all, except a
few elder brothers, occupied by their possessions at home,
set out in the same manner; and in after life, even in the most
prosperous circumstances, they delighted to recount the
‘humble toils and destiny obscure’ of their early years.”
Weddings usually took place at the house of the bride’s parents.
There are some records of marriages in church in Albany in the
seventeenth century, one being celebrated on Sunday. But certainly
throughout the eighteenth century few marriages were within the
church doors. Mrs. Vanderbilt says no Flatbush marriages took place
in the church till within the past thirty or forty years. In some towns
written permission of the parents of the groom, as well as the bride,
was required by the domine before he would perform the marriage
ceremony. In the Guelderland the express consent of father and
mother must be obtained before the marriage; and doubtless that
custom of the Fatherland caused its adoption here in some localities.
The minister also in some cases gave a certificate of permission for
marriage; here is one given by “ye minister at Flatbush,”—
Isaac Hasselburg and Elizabeth Baylis have had their
proclamation in our church as commonly our manner and
custom is, and no opposition or hindrance came against
them, so as that they may be confirmed in ye banns of
Matrimony, whereto we wish them blessing. Midwout ye
March 17th, 1689.
Rudolph Varrick, Minister.
This was probably to permit and authorize the marriage in another
parish.
Marriage fees were not very high in colonial days, nor were they
apparently always retained by the minister; for in one of Domine
Selyns’s accounts of the year 1662, we find him paying over to the
Consistory the sum of seventy-eight guilders and ten stuyvers for
fourteen marriage fees received by him. The expenses of being
married were soon increased by the issuing of marriage licenses.
During the century dating from the domination of the British to the
Revolutionary War nearly all the marriages of genteel folk were
performed by special permission, by Governor’s license, the
payment for which (a half-guinea each, so Kalm said) proved
through the large numbers a very welcome addition to the
magistrates’ incomes. It was in fact deemed most plebeian, almost
vulgar, to be married by publication of the banns for three Sundays in
church, or posting them according to the law, as was the universal
and fashionable custom in New England. This notice from a New
York newspaper, dated December 13, 1765, will show how
widespread had been the aversion to the publication of banns:—
“We are creditly informed that there was married last
Sunday evening, by the Rev. Mr. Auchmuty, a very
respectable couple that had published three different times in
Trinity Church. A laudable example and worthy to be followed.
If this decent and for many reasons proper method of
publication was once generally to take place, we should have
no more of clandestine marriages; and save the expense of
licenses, no inconsiderable sum these hard and depressing
times.”
Another reason for “crying the banns” was given in Holt’s “New
York Gazette and Postboy” for December 6, 1765.
“As no Licenses for Marriage could be obtained since the
first of November for Want of Stamped Paper, we can assure
the Publick several Genteel Couple were publish’d in the
different Churches of this City last Week; and we hear that the
young Ladies of this Place are determined to Join Hands with
none but such as will to the utmost endeavour to abolish the
Custom of marrying with License which Amounts to many
Hundred per annum which might be saved.”
Severe penalties were imposed upon clergymen who violated the
law requiring license or publication ere marriage. The Lutheran
minister performed such a marriage, and the schout’s “conclusion”
as to the matter was that the offending minister be flogged and
banished. But as he was old, and of former good services, he was at
last only suspended a year from power of preaching.
Rev. Mr. Miller, an English clergyman writing in 1695, complains
that many marriages were by justices of the peace. This was made
lawful by the States-General of Holland from the year 1590, and thus
was a law in New Netherland. By the Duke’s Laws, 1664, it was also
made legal. This has never been altered, and is to-day the law of the
State.
Of highly colored romance in the life of the Dutch colonists there
was little. Sometimes a lover was seized by the Indians, and his fair
betrothed mourned him through a long life. In one case she died
after a few years of grief and waiting, and on the very day of his
return from his savage prison to his old Long Island home he met the
sad little funeral procession bearing her to the grave. Another
humbler romance of Gravesend was when a sorrowing widower fell
in love with a modest milkmaid at first sight as she milked her
father’s cows; ere the milking was finished he told his love, rode to
town on a fast horse for a governor’s license, and married and
carried off his fair Grietje. A century later a fair Quakeress of
Flushing won in like manner, when milking, the attention and
affection of Walter Franklin of New York. Another and more strange
meeting of lovers was when young Livingstone, the first of the name
in New York, poor and unknown, came to the bedside of a dying Van
Rensselaer in Albany to draw up a will. The dying man, with a
jealousy stronger than death, said to his beautiful wife, Alida
Schuyler, “Send him away, he will be your second husband;” and he
was,—perhaps the thought provoked the deed.
Even if there were few startling or picturesque romances or
brilliant matches, there was plenty of ever-pleasant wooing. New
Amsterdam was celebrated, just before its cession to the English, for
its young and marriageable folk and its betrothals. This is easily
explained; nearly all the first emigrants were young married people,
and the years assigned to one generation had passed, and their
children had grown up and come to mating-time. Shrewd travellers,
who knew where to get good capable wives, wooed and won their
brides among the Dutch-American fair ones. Mr. Valentine says:
“Several of the daughters of wealthy burghers were mated to young
Englishmen whose first occasions were of a temporary character.”
The beautiful surroundings of the little town tempted all to love-
making, and the unchaperoned simplicity of society aided early
“matching.” The Locust-Trees, a charming grove on a bluff elevation
on the North River a little south of the present Trinity Churchyard,
was a famous courting-place; or tender lovers could stroll down the
“Maiden’s Path;” or, for still longer walks, to the beautiful and baleful
“Kolck,” or “Collect,” or “Fresh Water,” as it was sequentially called;
and I cannot imagine any young and susceptible hearts ever passing
without some access of sentiment through any green field so sweetly
named as the “Clover Waytie.”
There were some curious marriage customs,—some Dutch, some
English. One very pretty piece of folk-lore, of bride-honoring, was
brought to my notice through the records of a lawsuit in the infant
town of New Harlem in 1663, as well as an amusing local pendant to
the celebration of the custom. It seems that a certain young Harlem
couple were honored in the pleasant fashion of the Fatherland, by
having a “May-tree” set up in front of their dwelling-place. But certain
gay young sparks of the neighborhood, to anger the groom and cast
ridicule on his marriage, came with unseemly noise of blowing of
horns, and hung the lovely May-tree during the night with ragged
stockings. We never shall know precisely what special taunt or insult
was offered or signified by this over-ripe crop of worn-out hosiery;
but it evidently answered its tantalizing purpose, for on the morrow,
at break of day, the bridegroom properly resented the “mockery and
insult,” cut down the hateful tree, and committed other acts of great
wrath; which, being returned in kind (for thrice was the stocking-full
tree set up), developed a small riot, and thus the whole affair was
recorded. Among the State Papers at Albany are several letters
relating to another insulting “stocking-tree” set up in Albany at about
the same date, and also fiercely resented.
Collections for the church poor were sometimes taken at
weddings, as was the universal custom for centuries in Holland.
When Stephanus Van Cortlandt and Gertrude Schuyler were married
in Albany, in 1671, thirteen guilders six stuyvers were contributed at
the wedding, and fifteen guilders at the reception the following day.
At the wedding of Martin Kreiger, the same year, eleven guilders
were collected; at another wedding the same amount. When the
daughter of Domine Bogardus was married, it was deemed a very
favorable time and opportunity to take up a subscription for building
the first stone church in New Amsterdam. When the wedding-guests
were all mellow with wedding-cheer, “after the fourth or fifth round of
drinking,” says the chronicle, and, hence generous, each vied with
the other in good-humored and pious liberality, they subscribed
“richly.” A few days later, so the chronicle records, some wished to
reconsider the expensive and expansive transaction at the wedding-
feast, and “well repented it.” But Director Kieft stiffly held them to
their contracts, and “nothing availed to excuse.”
It is said that the English drink of posset was served at weddings.
From the “New York Gazette” of February 13, 1744, I copy this
receipt for its manufacture:—
“A Receipt for all young Ladies that are going to be Married.
To Make a
SACK-POSSET.

From famed Barbadoes on the Western Main

Fetch sugar half a pound; fetch sack from Spain
A pint; and from the Eastern Indian Coast
Nutmeg, the glory of our Northern toast.
O’er flaming coals together let them heat
Till the all-conquering sack dissolves the sweet.
O’er such another fire set eggs, twice ten,
New born from crowing cock and speckled hen;
Stir them with steady hand, and conscience pricking
To see the untimely fate of twenty chicken.
From shining shelf take down your brazen skillet,
A quart of milk from gentle cow will fill it.
When boiled and cooked, put milk and sack to egg,
Unite them firmly like the triple League.
Then covered close, together let them dwell
 Till Miss twice sings: You must not kiss and tell.
Each lad and lass snatch up their murdering spoon,
And fall on fiercely like a starved dragoon.”

Many frankly simple customs prevailed. I do not know at how early

a date the fashion obtained of “coming out bride” on Sunday; that is,
the public appearance of bride and groom, and sometimes entire
bridal party in wedding-array, at church the Sunday after the
marriage. It certainly was a common custom long before
Revolutionary times, in New England as well as New York; but it
always seems to me more an English than a Dutch fashion. Mr.
Gabriel Furman, in his manuscript Commonplace Book, dated 1810,
now owned by the Long Island Historical Society, tells of one groom
whom he remembered who appeared on the first Sunday after his
marriage attired in white broadcloth; on the second, in brilliant blue
and gold; on the third, in peach-bloom with pearl buttons. The bride’s
dress, wholly shadowed by all this magnificence, is not even named.
Mrs. Vanderbilt tells of a Flatbush bride of the last century, who was
married in a fawn-colored silk over a light-blue damask petticoat. The
wedding-waistcoat of the groom was made of the same light-blue
damask,—a delicate and deferential compliment. Often it was the
custom for the bridal pair to enter the church after the service began,
thus giving an opportunity for the congregation to enjoy thoroughly
the wedding-finery. Whether bride and groom were permitted to sit
together within the church, I do not know. Of course ordinarily the
seats of husband and wife were separate. It would seem but a poor
show, with the bride in a corner with a lot of old ladies, and the
groom up in the gallery.
On Long Island the gayety at the home of the bride’s parents was
often followed on the succeeding day by “open house” at the house
of the groom’s parents, when the wedding-party, bridesmaids and all,
helped to keep up the life of the wedding-day. An old letter says of
weddings in the city of New York:—
“The Gentlemen’s Parents keep Open house just in the
same manner as the Bride’s Parents. The Gentlemen go from
 the Bridegroom’s house to drink Punch with and give Joy to
his Father. The Bride’s visitors go in the same manner from
the Bride’s to her mother’s to pay their compliments to her.
There is so much driving about at these times that in our
narrow streets there is some danger. The Wedding-house
resembles a bee-hive. Company perpetually flying in and out.”
All this was in vogue by the middle of the last century. There was
no leaving home by bride and groom just when every one wanted
them,—no tiresome, tedious wedding-journey; all cheerfully enjoyed
the presence of the bride, and partook of the gayety the wedding
brought. In the country, up the Hudson and on Long Island, it was
lengthened out by a bride-visiting,—an entertaining of the bridal
party from day to day by various hospitable friends and relations for
many miles around; and this bride-visiting was usually made on
horseback.
Let us picture a bride-visiting in spring-time on Long Island, where,
as Hendrick Hudson said, “the land was pleasant with grass and
flowers and goodly trees as ever seen, and very sweet smells came
therefrom.” The fair bride, with her happy husband; the gayly
dressed bridesmaids, in silken petticoats, and high-heeled scarlet
shoes, with rolled and powdered hair dressed with feathers and
gauze, riding a-pillion behind the groom’s young friends, in satin
knee-breeches, and gay coats and cocked hats,—all the
accompanying young folk in the picturesque and gallant dress of the
times, and gay with laughter and happy voices,—a sight pretty to see
in the village streets, or, fairer still, in the country lanes, where the
woods were purely starred and gleaming with the radiant dogwood;
or roads where fence-lines were “white with blossoming cherry-trees
as if touched with lightest snow;” or where pink apple-blossoms
flushed the fields and dooryards; or, sweeter far, where the flickering
shadows fell through a bridal arch of the pale green feathery foliage
of the abundant flowering locust-trees, whose beautiful hanging
racemes of exquisite pink-flushed blossoms cast abroad a sensuous
perfume like orange blossoms, which fitted the warmth, the glowing
sunlight, the fair bride, the beginning of a new life;—let us picture in
our minds this June bride-visiting; we have not its like to-day in
quaintness, simplicity, and beauty.
 CHAPTER IV
TOWN LIFE

The earlier towns in New Netherland gathered usually closely

around a fort, both for protection and companionship. In New
Amsterdam, as in Albany, this fort was an intended refuge against
possible Indian attacks, and also in New Amsterdam the established
quarters in the new world of the Dutch West India Company. As the
settlement increased, roads were laid out in the little settlement
leading from the fort to any other desired point on the lower part of
the island. Thus Heere Straat, the Breede Weg, or Broadway, led
from the fort of New Amsterdam to the common pasture-lands.
Hoogh Straat, now Stone Street, was evolved from part of the road
which led down to the much-used Ferry to Long Island, at what is
now Peck Slip. Whitehall Street was the shortest way to the East
River. In front of the fort was the Bowling Green. Other streets were
laid out, or rather grew, as needs increased. They were irregular in
width and wandering in direction. They were not paved nor kept in
good order, and at night were scarcely lighted.
In December, 1697, city lamps were ordered in New York “in the
dark time of the moon, for the ease of the inhabitants.” Every
seventh house was to cause a lanthorn and candle to be hung out
on a pole, the expense to be equally shared by the seven neighbors,
and a penalty of ninepence was decreed for every default. And
perhaps the watch called out in New York, as did the watch in Old
York, in London and other English cities, “Lanthorne, and a whole
candell-light! Hang out your lights here.” An old chap-book has a
watchman’s rhyme beginning,—

“A light here! maids, hang out your light,

And see your horns be clear and bright
That so your candle clear may shine,” etc.
 Broad Street was in early days a canal or inlet of the sea, and was
called De Heere Graft, and extended from the East River to Wall
Street. Its waters, as far as Exchange Place, rose and fell with the
tide. It was crossed by several foot-bridges and a broader bridge at
Hoogh Straat, or Stone Street, which bridge became a general
meeting-place, a centre of trade. And when the burghers and
merchants decided to meet regularly at this bridge every Friday
morning, they thus and then and there established the first Exchange
in New York City. It is pleasant to note, in spite of the many miles of
city growth, how closely the exchange centres have remained near
their first home. In 1660 the walks on the banks of the Graft were
paved, and soon it was bordered by the dwellings of good citizens;
much favored on account of the homelikeness, so Mr. Janvier
suggests, of having a good, strong-smelling canal constantly under
one’s nose, and ever-present the pleasant familiar sight of squat
sailor-men and squat craft before one’s eyes. In 1676, when simple
and primitive ways of trade were vanishing and the watercourse was
no longer useful or needful, the Heere Graft was filled in—reluctantly,
we can believe—and became Broad Street.
The first mention of street-cleaning was in 1695, when Mr.
Vanderspiegle undertook the job for thirty pounds a year. By 1701
considerable pains was taken to clean the city, and to remove
obstructions in the public ways. Every Friday dirt was swept by each
citizen in a heap in front of his or her house, and afterwards carted
away by public cartmen, who had threepence a load if the citizen
shovelled the dirt into the cart, sixpence if the cartman loaded his
cart himself. Broad Street was cleaned by a public scavenger at a
salary of $40 per annum paid by the city; for the dirt from other
streets was constantly washed into it by rains, and it was felt that
Broad Street residents should not be held responsible for other
people’s dirt. Dumping-places were established. Regard was paid
from an early date to preserving “the Commons.” It was ordered that
lime should not be burnt thereon; that no hoopsticks or saplings
growing thereon should be cut; no timber taken to make into
charcoal; no turfs or sods carried away therefrom; no holes dug
therein; no rubbish be deposited thereon.
Within the city walls all was orderly and quiet. “All persons who
enter ye gates of ye citty with slees, carts and horses, horseback, not
to ride faster than foot-tap.” The carters were forced to dismount and
walk at their horses’ heads. All moved slowly in the town streets.
Living in a fortified town, they still were not annoyed by discharge of
guns, for the idle “fyring of pistells and gunns” was prohibited on
account of “ill-conveniants.”
The first houses were framed and clap-boarded; the roofs were
thatched with reeds; the chimneys were catted, made of logs of
wood filled and covered with clay; sometimes even of reeds and
mortar,—for there were, of course, at first no bricks. Hayricks stood
in the public streets. Hence fires were frequent in the town, breaking
out in the wooden catted chimneys; and the destruction of the
inflammable chimneys was decreed by the magistrates. In 1648 it
was ordered in New Amsterdam that no “wooden or platted chimney”
should be built south of the Fresh-water Pond. Fire-wardens—
brandt-meesters—were appointed, who searched constantly and
pryingly for “foul chimney-harts,” and fined careless housekeepers
therefor when they found them.
It is really surprising as well as amusing to see how the citizens
resented this effort for their safety, this espionage over their
hearthstones; and especially the wives resented the snooping in
their kitchens. They abused the poor schout who inspected the
chimney-hearths, calling him “a little cock, booted and spurred,” and
other demeaning names. In 1658 Maddaleen Dirck, as she passed
the door of the fire-warden, called out tantalizingly to him, “There is
the chimney-sweep at his door,—his chimney is always well-swept.”
She must have been well scared and truly repentant at the enormity
of her offence when she was brought up before the magistrates and
accused of having “insulted the worshipful fire-warden on the
highway, and incited a riot.”
In spite of vigilance and in spite of laws, foul chimneys were
constantly found. We hear of the town authorities “reciting that they
have long since condemned flag-roofs, and wooden and platted
chimneys, but their orders have been neglected, and several fires
have occurred; therefore they amplify their former orders as follows:
All flag-roofs, wooden chimneys, hay-barracks, and hay-stacks shall
be taken down within four months, in the penalty of twenty-five
guilders.”
The magistrates further equipped the town against conflagration
by demanding payment of a beaver skin from each house, to
purchase with the collected sum two hundred and fifty leather fire-
buckets from the Fatherland. But delays were frequent in ocean
transportation, and the shoemakers in town finally made the fire-
buckets. They were placed in ten groups in various houses
throughout the town. For their good order and renewal, each
chimney was thereafter taxed a guilder a year. By 1738, two engines
with small, solid wooden wheels or rollers were imported from
England, and cared for with much pride.
In Albany similar wooden chimneys at first were built; we find
contractors delivering reeds for roofs and chimneys. “Fire-leathes”
and buckets were ordered. Buckets were owned by individuals and
the town; were marked with initials for identification. Many stood a
century of use, and still exist as cherished relics. The manner of
bucket-service was this: As soon as an alarm of fire was given by
shouts or bell-ringing, all citizens of all classes at once ran to the
scene of the conflagration. All who owned buckets carried them, and
from open windows other fire-buckets were flung out on the streets
by persons who were delayed for a few moments by any cause. The
running crowd seized the buckets, and on reaching the fire a double
line was made from the fire to the river. The buckets filled with water
were passed up the line to the fire, the empty buckets down. Any
one who attempted to break the line was promptly soused with a
bucket of water. When all was over, the fire-warden took charge of
the buckets, and as soon as possible the owners appeared, and
each claimed and carried home his own buckets.
There was a police department in New Amsterdam as well as a
fire department. In 1658 the burgomasters and schepens appointed
a ratel-wacht, or rattle-watch, of ten watchmen, of whom Lodewyck
Pos was Captain. Their wages were high,—twenty-four stuyvers
(about fifty cents) each a night, and plenty of firewood. The Captain
collected fifty stuyvers a month from each house,—not as has since
been collected in like manner for the private bribing of the police, but
as a legalized method of paying expenses. The rules for the watch
are amusing, but cannot be given in full. They sometimes slept on
duty, as they do now, and paid a fine of ten stuyvers for each
offence. They could not swear, nor fight, nor be “unreasonable;” and
“when they receive their quarter-money, they shall not hold any
gathering for drink nor any club meeting.”
Attention is called to one rule then in force: “If a watchman receive
any sum of money as a fee, he shall give the same to the Captain;
and this fee so brought in shall be paid to the City Treasurer”—oh
the good old times!
The presence of a considerable force of troops was a feature of
life in some towns. The soldiers were well cared for when quartered
within the fort, sleeping on good, soft, goose-feather beds, with warm
homespun blankets and even with linen sheets, all hired from the
Dutch vrouws; and supplied during the winter with plentiful loads of
firewood, several hundred, through levy on the inhabitants; good
hard wood, too,—“no watte Pyn wood, willige, oly noote, nor
Lindewood” (which was intended for English, but needs translation
into “white pine, willow, butternut, nor linden”).
No doubt the soldiers came to be felt a great burden, for often they
were billeted in private houses. We find one citizen writing seriously
what reads amusingly like modern slang,—that “they made him
weary.” Another would furnish bedding, provisions, anything, if he
need not have any soldier-boarders assigned to him. One of the
twenty-three clauses of the “Articles of Surrender” of the Dutch was
that the “townsmen of Manhattans shall not have any soldiers
quartered upon them without being satisfied and paid for them by
their officers.” In Governor Nicholl’s written instructions to the
commander at Fort Albany, he urges him not to lend “too easey an
eare” to the soldiers’ complaints against their land-lords.
 Since in the year 1658 the soldiers of New Amsterdam paid but
twenty cents a week for quarters when lodged with a citizen, it is not
surprising that their presence was not desired. A soldier’s pay was
four dollars a month.
They were lawless fellows, too lazy to chop wood for their fires;
they had to be punished for burning up for firewood the stockades
they were enlisted to protect. Their duties were slight,—a drill in the
morning, no sentry work during the day, a watch over the city gates
at night, and cutting wood. The military code of the day reveals a
very lax condition of discipline; it wasn’t really much of an army in
Dutch days. And as for the Fort and the Battery in the town of New
Amsterdam, read Mr. Janvier’s papers thereon to learn fully their
innocuous pretence of warlikeness.
There was very irregular foreign and in-land mail service. It is with
a retrospectively pitying shiver that we read a notice, as late as
1730, that “whoever inclines to perform the foot-post to Albany this
winter may make application to the Post-Master.” Later we find the
postmaster leisurely collecting the mail during several weeks for “the
first post to Albany this winter.” Of course this foot-post was only
made when the river was frozen over; swift sloops carried the
summer mail up the river in two or three weeks,—sometimes in only
ten days from New York to Albany. I can fancy the lonesome post
journeying alone up the solemn river, under the awe-full shadow of
old Cro’nest, sometimes climbing the icy Indian paths with ys-
sporen, oftener, I hope, skating swiftly along, as a good son of a
Hollander should, and longing every inch of the way for spring and
the “breaking-up” of the river.
In 1672, “Indian posts” carried the Albany winter mail; trustworthy
redmen, whose endurance and honesty were at the service of their
white friends.
The first regular mail started by mounted post from New York for
Boston on January 1, 1673. His “portmantles” were crammed with
letters and “small portable goods” and “divers bags.” He was “active,
stout, indefatigable, and honest.” He could not change horses till he
reached Hartford. He was ordered to keep an eye out for the best
ways through forests, and accommodations at fords, ferries, etc.,
and to watch for all fugitive soldiers and servants, and to be kind to
all persons journeying in his company. While he was gone eastward
a locked box stood in the office of the Colonial Secretary at New
York to collect the month’s mail. The mail the post brought in return,
being prepaid, was carried to the “coffee-house,” put on a table, well
thumbed over by all who cared to examine it, and gradually
distributed, two or three weeks’ delay not making much difference
any way.
As in all plantations in a new land, there was for a time in New
Netherland a lack of servants. Complaints were sent in 1649 to the
States-General of “the fewness of boors and farm-servants.”
Domestic servants were not found in many households; the capable
wife and daughters performed the housework and dairy work. As
soon as servants were desired they were speedily procured from
Africa. The Dutch brought the first negro slaves to America. In the
beginning these slaves in New Netherland were the property of the
Dutch West India Company, which rented their services. The
company owned slaves from the year 1625, when it first established
its authority, and promised to each patroon twelve black men and
women from ships taken as prizes. In 1644 it manumitted twelve of
the negroes who had worked faithfully nearly a score of years in
servitude. In 1652 the Government in Holland consented to the
exportation of slaves to the colony for sale. In 1664 Governor
Stuyvesant writes of an auction of negroes that they brought good
prices, and were a great relief to the garrison in supplying funds to
purchase food. Thus did the colony taste the ease of ill-gotten
wealth. Though the Duke of York and his governors attempted to
check the slave-trade, by the end of the century the negroes had
increased much in numbers in the colony. In the Kip family were
twelve negro house-servants. Rip van Dam had five; Colonel de
Peyster and the Widow Van Courtlandt had each seven adult
servants. Colonel Bayard, William Beeckman, David Provoost, and
Madam Van Schaick each had three.
On Long Island slaves abounded. It is the universal testimony that
they were kindly treated by the Dutch,—too kindly, our English lady
thought, who rented out her slaves. Masters were under some bonds
to the public. They could not, under Dutch rule, whip their slaves
without authorization from the government. The letters in the Lloyd
Collection in regard to the slave Obium are striking examples of
kindly consideration, and of constant care and thought for his
comfort and happiness.
The wages of a hired servant-girl in New York in 1655 were three
dollars and a half a month, which was very good pay when we
consider the purchasing power of money at that time. It is not till the
eighteenth century that we read of the beginning of our vast servant-
supply of Irish servants.
There was much binding out of children and young folk for terms
of service. In Stuyvesant’s time several invoices of Dutch children
from the almshouses were sent to America to be put to service, and
the official letters concerning them show much kindliness of thought
and intent towards these little waifs and strays. Early in the next
century a sad little band of Palatines was bound out in New York
families. It may prove of interest to give one of the bonds of
indenture of a house-servant in Albany.
“This Indenture witnesseth that Aulkey Hubertse,
Daughter of John Hubertse, of the Colony of Rensselaerwyck
deceased hath bound herself as a Meniall Servant, and by
these presents doth voluntary and of her own free will and
accord bind herself as a Meniall Servant unto John Delemont
of the City of Albany, weaver, by and with the consent of the
Deacons of the Reformed Dutch Church in the Citty of Albany,
who are as overseers in the disposal of the said Aulkey
Hubertse to serve from the date of these present Indentures
unto the full end and term of time that the said Aulkey
Hubertse shall come to Age, all which time fully to be
Compleat and ended, during all which term the said servant
her said Master faithfully shall serve, his secrets keep, his
lawful commands gladly everywhere obey, she shall do no
Damage to her said Master nor see it to be done by others
without letting or giving notice thereof to her said Master: she
shall not waste her Master’s goods or lend them unlawfully to