Chapter 7: The New Human Rights-Advocacy Approach and the Ten Criteria for the Formal Universal Recognition of New Human Rights (Book and eBook Editions)

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Chapter 7: The New Human Rights-Advocacy Approach and the Ten Criteria for the Formal Universal Recognition of New Human Rights

Book Chapter Citation

Leesi Ebenezer Mitee, ‘The New Human Rights-Advocacy Approach and the Ten Criteria for the Formal Universal Recognition of New Human Rights’ in Developments in Human Rights Law and the Proposed Human Right of Free Access to Public Legal Information: The New Human Rights-Advocacy Approach and the Ten Criteria for the Formal Recognition of New Human Rights, Volume 1, New Human Right of Free Access to Public Legal Information Book Series (Publisher: Koinonia Legal Research and Book Publishing, Tilburg, The Netherlands 2020)

Book Chapter Title

The New Human Rights-Advocacy Approach and the Ten Criteria for the Formal Universal Recognition of New Human Rights

Book Title

Developments in Human Rights Law and the Proposed Human Right of Free Access to Public Legal Information: The New Human Rights-Advocacy Approach and the Ten Criteria for the Formal Recognition of New Human Rights (Volume 1)

Book Series Title

New Human Right of Free Access to Public Legal Information Book Series

Book Formats

ISBN 9789083108520 (eBook or e-Book): Digital or electronic book that you can read on your mobile phone, computer tablet, eReader, laptop, desktop computer, etc.

ISBN 9789083108506 (Paperback)

Publisher: Koinonia Legal Research and Book Publishing, Tilburg, The Netherlands

Book Author

Dr. Leesi Ebenezer Mitee
Doctor of Philosophy (PhD) with specialisation in international human rights law, legal information technology or legal informatics (the application of information technology to legal processes and legal information systems), indigenous customary law, and indigenous rights; Master of Laws (LLM) in comparative access to public legal information in the United Kingdom and Nigeria; postgraduate professional legal practice certificate (BL); Bachelor of Laws (BL); Higher National Diploma (HND) in town & country planning (urban & regional planning); Fellow, Society for Advanced Legal Studies (United Kingdom); Member, Internet Society (United States); Member, American Indigenous Research Association (United States)

Book Chapter Publication Information

The book chapter, ‘The New Human Rights-Advocacy Approach and the Ten Criteria for the Formal Universal Recognition of New Human Rights’ in Developments in Human Rights Law and the Proposed Human Right of Free Access to Public Legal Information: The New Human Rights-Advocacy Approach and the Ten Criteria for the Formal Recognition of New Human Rights (Volume 1 of the Human Right of Free Access to Public Legal Information Book Series) is in the publishing process.

Information on its publication, sale, and online access outlets will be published here, as soon as the book is published and available for global distribution.

Book Chapter Description (Abstract)

The unique function of human rights as arguably the most potent weapon in the ceaseless war against various manifestations of universal grave injustice has led to the tendency towards the formulation of merely conjectural and frivolous claims that certain legal rights (and even non-legal rights) are human rights, and that tendency can cause the problem of human rights inflation—the unwarranted proliferation of human rights. The often-cited claim by the UN World Tourism Organization (UNWTO) that ‘tourism has become increasingly a basic need, a social necessity, a human right’ is one of such unimaginably spurious claims. Whilst human rights inflation is a genuine concern, a real danger is that an unbridled antagonism against the recognition of new human rights that deserve such recognition is counterproductive and will lead to the perpetuation of diverse manifestations of grave injustice that are detrimental to human existence and dignity worldwide. This study, in a book chapter, used a legal analysis approach (based on scholarly literature and international legal instruments) to examine the existing different sets of substantive criteria for the formal universal recognition of new human rights that several scholars (including Philip Alston) have formulated and the institutional criteria that the United Nations General Assembly has developed for that purpose, but which appear to be unknown to many contemporary scholars. The study found that the existing sets of criteria are inadequate because of their insufficient scope, their fragmented nature, their lack of proper coherence, and the absence of the discussion of each of the criteria beyond merely listing them. The study has filled those gaps by formulating the new human rights-advocacy approach (NHRAA) as a specific conceptual framework that has harmonised the existing sets of criteria and incorporated additional requirements to provide a set of ten more onerous substantive criteria that are robust enough to eliminate frivolous proposals that can cause human rights inflation. NHRAA can help to streamline the institutional process for recognising new human rights. It can also guide human rights advocacy and contemporary legal scholarship on the development and discussion of new human rights ideas and principles (which include advocacy of new human rights) under the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms. This study contains developments in human rights law that the United Nations and her specialised agencies, regional intergovernmental organisations, human rights advocates, human rights researchers, students, and all those who are interested in human rights law may find useful.

Keywords: Human right of free access to public legal information, Human right of free access to law, New human rights-advocacy approach, Ten criteria for recognition of new human rights, Huricompatisation customary law ascertainment, Human rights inflation, Characteristic definitions of human rights, United Nations Declaration on Human Rights Defenders, Philip Alston: Conjuring Up New Human Rights, Bertrand Ramcharan, Francis Jacobs, Bridget Lewis, Dinah Shelton, Maurice Cranston, James W. Nickel, Andrew Fagan

Links to All the 8 Chapters in Volume 1

Dr. Leesi Ebenezer Mitee

Dr. Leesi Ebenezer Mitee is an Associate Professor of Law. He holds a multidisciplinary PhD in international human rights law, legal information technology (aspects of legal informatics), indigenous customary law, and indigenous rights and LLM in transborder comparative analysis of free access to public legal information. He is a former legal research national consultant to the United Nations Development Programme (UNDP) on the 1998 PCASED project that provided the juridical foundations for the Economic Community of West African States (ECOWAS) 1998 Moratorium which culminated in a regional multilateral treaty: ECOWAS Convention on Small Arms and Light Weapons, their Ammunition and other Related Matters 2006. He devised the <.officiallaws) official public legal information generic top-level domain (gTLD) system for easy identification of the reliable versions of the laws published online worldwide; developed the system of nationally networked one-stop official public legal information websites (the NOPLIW system) for the optimal findability and management of online law databases; invented the human rights-based public access-adequate huricompatisation model of ascertainment of indigenous customary law (huricompatisation); formulated the new human rights-advocacy approach (NHRAA) that consists of a set of ten onerous criteria for the formal universal recognition of new human rights; and pioneered the global advocacy of the formal universal recognition of the right of free access to public legal information as a substantive or stand-alone human right in 2017 (https://publiclegalinformation.com). His New Human Right of Free Access to Public Legal Information Book Series consists of 22 (twenty-two) modern academic article-style independent but interconnected chapters of the following four books:

The New Human Rights-Based Huricompatisation Model of Ascertainment of Indigenous Customary Law: Strategies for Adequate Local and Global Public Access (Volume 2) — ISBN 9789083108568 (eBook) and 9789083108544 (paperback);

Innovative Technological Mechanisms for Adequate Web-Based Access to National and Global Public Legal Information (Volume 3) — ISBN 9789083108513 (eBook) and 9789083108582 (paperback); and

A Model Empirical Study of the Current State of Governmental Provision of Free Access to Nigerian Public Legal Information (Volume 4) — ISBN 9789083108551 (eBook) and 9789083108537 (paperback).

The Human Right of Free Access to Public Legal Information Advocacy (HURAPLA) website (https://publiclegalinformation.com) contains details of the availability of these books and valuable legal information resources.

Email: info@koinonialegal.com | Website: https://publiclegalinformation.com

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