Table of Contents
Preface v
Acknowledgements xiii
Acronyms and Abbreviations xxiii
Introduction 1
I Literature Review and the Current Debate 4
II The Argument 9
III Chapter Synopses 14
Part I Conceptual Outlines
1 Human Security: An Overview 21
I Historical Evolution of Human Security 21
II The 2012 'Common Understanding' of Human Security and Beyond 27
III International, Regional and National Uses of Human Security 31
IV A Holistic Human Security: All Human Rights and a Threshold Definition 34
A ESC Rights, Human Insecurity and Vulnerability to Poverty 39
2 Human Security, International Law and Human Rights 46
I International Law, Risk and Structural Vulnerability 46
A International Human Rights Law 51
i Socio-Economic Risks and Poverty 51
ii Precautionary, Provisional or Interim Measures 53
iii Particularly Vulnerable Groups 54
a Reinforced Positive Obligations of Protection 55
b Indirect Discrimination and Reversal of Burden of Proof 59
iv Collective Stereotyping and Harm: Collective Responses 62
B International Refugee Law 64
i Principle of Non-Refoulment: Transcending Individual Circumstances 65
ii Generalised Human Insecurity: Expanding the Concept of 'Refugee' 67
C Human Security, Humanitarian Intervention and the Responsibility to Protect 68
II Human Security and Human Rights 72
A Is Human Security a Human Right? A Survey of Security in Human Rights Law 75
B Human Security and Human Rights in Public International Law 81
3 The Human Security-Human Rights Synergy 86
I Article 28 of the UDHR and Human Security: An Enabling Environment 86
II Human Security and 'Core Content' of Human Rights 90
III The Framework in a Nutshell 97
Part II Practical Applications of the Human Security-Human Rights Synergy in Legal Analysis
4 Violence against Women, Human Security and Women's Human Rights 109
I Introduction 109
II Human Security and its Gender Implications 111
A Added Value of a Gendered Human Rights-Based Approach to Human Security 118
B Profile of a Gendered Human Security 121
III VAW under Human Rights Law: Demarcating the Scope of Human Security 123
IV Human Security and VAW: Synergies Reinforcing Women's Human Rights 131
A ECHR and Domestic Violence 139
B IACHR and Feminicide 142
V Some Conclusions: Gendered Human Security and the Right to Live Free from Violence 152
5 Human Security and Rights of Undocumented Migrants and Other Non-Citizens 155
I Introduction 155
II Undocumented Migrants, Other Non-Citizens, and Human Security 159
A Who is an Undocumented Migrant? 166
B A World without Borders? State Sovereignty and Undocumented Migrants 169
III International Human Rights Law on Migrants and Non-Citizens 173
A CRMW and UN Special Rapporteur on the Human Rights of Migrants 186
B Regional Human Rights' Systems and Undocumented Migrants 193
IV A Human Security Lens to Migrant Human Rights: Legal Irregularity as a Source of Risk 200
A The Human Security-Human Rights Synergy as Challenging Existing Boundaries 200
B Immigration Measures and Testimonies by Undocumented Migrants 204
i Undocumented Migrants at the Border: Deaths at the 'Fault Line' 205
ii Risks to Human Rights of Undocumented Migrants in the Territory of the Receiving State 209
V Some Conclusions: Migratory Regimes as the Ultimate Test to Human Security and Human Rights 212
6 Undocumented Female Migrants and Illustrative Migrant Cases 214
I Introduction 214
II Undocumented Female Migrants: Workers and Women at Risk 215
A Responses by Human Rights Actors 217
III Illustrative Legal Cases of a Human Security Approach to Migrants' Human Rights 224
A 'Human Security-Sensitive' Cases 225
i MSS v Belgium and Greece 225
ii NS and Others v SSHD 227
iii IM v France 228
iv Kuric and Others v Slovenia 229
v Kiyutin v Russia 230
vi Case of the Yean and Bosico Children v Dominican Republic 230
vii Nadege Dorzema et al v Dominican Republic 232
viii Benito Tide Mendez et al v Dominican Republic 233
ix BS v Spain 234
x KAB v Spain 235
xi Sonko v Spain 237
B 'Non-Human Security-Sensitive' Cases 238
i N v United Kingdom 238
ii Nacic and Others v Sweden 242
iii AA and Others v Sweden 247
IV Some Conclusions on Undocumented Migrants and Women: Human Security as the 'Right to Have Access to Rights' 248
7 Conclusions on the Human Security-Human Rights Synergy and Prospective Routes 251
I Some Conceptual Conclusions 251
II Legal Interaction: Interpretative Synergies Between Human Security and Human Rights 255
A General Considerations 256
B Violence against Women 259
C Undocumented Migrants, Asylum-Seekers and Female Migrants 259
D Conclusions Concerning Women and Migrants: The Interpretative Synergies 263
III Prospective Routes 277
Bibliography 282
Index 319
