Table of Contents International Human Rights Law (in pdf)
List of Abbreviations …………………………………………………………………………………… XI
Preface ………………………………………………………………………………………………………….. XIX
Chapter I. Conceptual framework and general principles of human rights
Krzysztof Orzeszyna § 1.IV and § 2, Michał Skwarzyński introduction, § 1.II–III, § 3.I–II and § 4, Robert Tabaszewski § 1.I, § 3.III
§ 1. Conceptual framework
I. History of human rights
II. Definition of human rights
III. Human rights vs human freedom
IV. Human rights and public international law
§ 2. Dignity as a source of human rights
I. Inherent dignity
II. Personal dignity
§ 3. Protected entities
I. System of human rights as a normative model of protection of individual rights
II. Protection of the rights of legal persons, collectivities and states in the human rights system
1. Protection of the rights of legal persons in the human rights system
2. Protection of the rights of collectivities and states in the human rights system
III. Subjects with special protection in the system of human rights
1. Protection of children’s rights
2. Protection of women’s rights
3. Protection of the rights of prisoners and detainees
4. Protection of the rights of people with disabilities
5. Protection of the rights of other categories of people
§ 4. General principles of human rights
I. The generations of human rights
II. Vertical and horizontal impact of human rights
III. The concept of the margin of discretion
IV. Specifics of interpretation of norms in the human rights system
V. Human rights limitation clauses
VI. General principles of the derogation of human rights
Chapter II. Normative system of human rights protection
Krzysztof Orzeszyna § 6, Michał Skwarzyński introduction and § 8, Robert Tabaszewski § 5 and 7
§ 5. The universal system of human rights protection
I. The UN system of protecting human rights
II. Other global systems of human rights protection
1. International Criminal Court
2. World Trade Organisation
3. Global non-governmental organisations
§ 6. Regional systems of human rights protection
I. Inter-American protection of human rights
II. African protection of human rights
III. Arab-Muslim protection of human rights
IV. International protection of human rights in Asia
§ 7. The European system of human rights protection
I. Human rights protection in the Council of Europe
II. Human rights protection in the European Union
1. Evolution of the approach to the protection of human and fundamental rights in the EU
2. Treaty sources relating to the protection of human rights in the EU
3. Charter of Fundamental Rights of the European Union
III. Human rights protection in the system of CSCE/OSCE
§ 8. Domestic system of human rights protection
I. Constitutional system of human rights protection
1. System of protection of human rights as subjective constitutional rights
2. System of protection of human rights in the Constitution of the Republic of Poland
II. System of protection of human rights in specific statutes
1. Acts on the Constitutional Court
2. Act on the Supreme Court
3. Act on the Commissioner for Citizens’ Rights
4. Act on the Commissioner for Children’s Rights
III. Provisions against the excessive length of proceedings
IV. Guarantees for the protection of individual rights in proceedings
Chapter III. Bodies and measures for the protection of human rights
Krzysztof Orzeszyna § 10, Michał Skwarzyński introduction, § 13, Robert Tabaszewski § 9, 11 and 12
§ 9. Bodies and measures for the protection of human rights in the universal system
I. Human rights bodies in the universal system
II. Measures for the protection of human rights in the universal system
§ 10. Bodies and measures for the protection of human rights in regional systems
I. Human rights bodies in the inter-American system of human rights protection
II. Human rights bodies in the African human rights protection system
III. Activities of the League of Arab States in the area of human rights
§ 11. Bodies and measures for the protection of human rights in the European system
I. Human rights protection bodies in the system of the Council of Europe
II. Measures for the protection of human rights in the system of the Council of Europe
III. Human rights protection bodies in the European Union system
1. Court of Justice of the European Union
2. The European Ombudsman
3. European Union Agency for Fundamental Rights
IV. Measures for the protection of human rights in the European Union system
1. Judicial remedies for the protection of human rights
2. Non-judicial measures for the protection of human rights
§ 12. Bodies and measures for the protection of human rights in the Organization for Security and Co-operation
§ 13. Domestic human rights bodies and measures
I. Constitutional bodies and measures for the protection of human rights
1. Organisation and composition of the Constitutional Court in the Constitution of the Republic of Poland
2. Organisation of other human rights protection bodies in the Constitution of the Republic of Poland
3. Measures for the protection of human rights provided for in the Constitution of the Republic of Poland
II. Organisation of human rights protection bodies in specific statutes
1. Composition of the Constitutional Court
2. Chamber for Extraordinary Review and Public Affairs of the Supreme Court
3. The Commissioner for Citizens’ Rights
4. The Commissioner for Children’s Rights
III. Measures for the protection of human rights
1. Constitutional complaint
2. Request for a review of constitutionality or addressing a question of law about compatibility with the Constitution of the Republic of Poland
3. Notification by the Constitutional Court to the Sejm and Senate and other law-making bodies of the existence of deficiencies and loopholes in the law
4. Extraordinary complaint
5. Action for excessive length of proceedings
6. Initiation of proceedings before the Commissioner for Citizens’ Rights and the Commissioner for the Children’s Rights
7. Measures revoking a final and binding decision that is contrary to human rights
Chapter IV. International Humanitarian Law
Krzysztof Orzeszyna introduction and § 14–17
§ 14. International humanitarian law and human rights
§ 15. Sources of international humanitarian law
§ 16. Applicability of international humanitarian law
§ 17. Responsibility for war crimes, crimes against humanity and genocide
Chapter V. Protection of the rights of national minorities, migrants and refugees
Robert Tabaszewski introduction, § 18 and 19
§ 18. Protection of the rights of national minorities
I. Protection of the rights of national minorities in the universal system
II. Protection of the rights of national minorities in the European system
§ 19. Protecting the rights of refugees and migrants
I. Normative sources of protection of the rights of refugees and migrants
II. Protection of the rights of refugees
III. Protection of the rights of migrant workers
Chapter VI. Substantive rights
Krzysztof Orzeszyna § 20.II.4 and § 22.II, Michał Skwarzyński introduction § 20.II.1–3, § 21.III, § 22.I–IV and introduction § 20, 21 and 22, Robert Tabaszewski § 20.I i II.5, § 21.I i II, § 22.III
§ 20. Personal human rights
I. Protection of the physical integrity of the individual in the human rights system
1. Right to life and right to health
2. The issue of permissible limitations on the human right to life and human right to health
II. Protection of individuality and interactions of the individual in the human rights system
1. Right to freedom of conscience and religion
2. Right to respect for privacy, family life, housing and correspondence
3. Freedom of expression
4. Right to marry and start a family
5. Right to freedom of assembly and association
§ 21. System of human rights safeguards against the exercise of the imperium of the state
I. Right to liberty and security of a person
1. Universal and regional standards of right to liberty and security of person
2. Right to liberty and security of the person in the European system
3. Procedural guarantees for persons remaining in detention
II. Right to a fair trial
1. Essential standards of the right to a fair trial
2. European standard for the right to a fair trial
3. Scope of the right to a fair trial
4. General guarantees of a fair trial
5. Special guarantees of the right to a fair trial applicable in criminal matters
III. Evolution of the impact of protection of the human right to property in the system of human rights
§ 22. Prohibition as a negative instrument of the normative model for the protection of individual rights
I. Prohibition on punishment without legal basis
II. Prohibition on torture, inhuman and degrading treatment
III. Prohibition on slavery and forced labour
1. Prohibition on slavery and servitude
2. Prohibition of forced labour
3. Prohibition on undignified working conditions
IV. Prohibition on discrimination