Justiciability of the Right to Security
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Justiciability of the Right to Security

Challenges and Prospects in the Context of the Democratic Republic of Congo

Gentil Kasongo Safari

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  1. 96 pages
  2. English
  3. PDF
  4. Available on iOS & Android
eBook - PDF
No longer available |Learn more

Justiciability of the Right to Security

Challenges and Prospects in the Context of the Democratic Republic of Congo

Gentil Kasongo Safari

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About This Book

The right to security has been grossly violated in the Democratic Republic of Congo for over two decades by persistent armed conflicts. Ensuring this right through justice in such a complex context is particularly challenging but feasible. Drawing on case-law, international practice and literature in the field of human rights, the book demonstrates that under the doctrine of State responsibility the DRC has the duty to exercise due diligence in protecting its inhabitants through legislation, precautionary measures and prosecution. It also explains, however, that the DRC's responsibility may not be established under certain mitigating circumstances and factors, such as loss of part of territorial control, the necessity of granting amnesty to some perpetrators of human rights violations and the difficulty of judicially determining the minimum core of the right to security. The book concludes that the possibility of judicially holding the DRC accountable for failure to respect its international human rights obligations has been demonstrated and recommends that to be capitalised by competent jurisdictions in order to improve the situation of the right to security on the ground.

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Information

Year
2017
ISBN
9783659634888
Edition
1
Topic
Law
Subtopic
Civil Law
Index
Law

Table of contents