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Human Rights: Human Rights (Key Facts Key Cases)
by Peter HalsteadKey Facts Key Cases: Human Rights will ensure you grasp the main concepts of your Human Rights module with ease. This book explains the facts and associated case law for: What human rights apply in the United Kingdom, Europe and other parts of the world The European Convention on Human Rights and the Human Rights Act How the various rights, freedoms and prohibitions which now pervade English law operate How rights affect important issues including discrimination, public order, police powers and terrorism How human rights operate in the global and other continental regional contexts Key Facts Key Cases is the essential series for anyone studying law at LLB, postgraduate and conversion courses. The series provides the simplest and most effective way to absorb and retain all of the material essential for passing your exams. Each chapter includes: diagrams at the start of chapters to summarise key points structured headings and numbered points to allow for clear recall of the essential points charts and tables to break down more complex information Chapters are also supported by a Key Cases section which provides the simplest and most effective way to absorb and memorise essential cases needed for exam success. Essential and leading cases are explained The style, layout and explanations are user friendly Cases are broken down into key components by use of a clear system of symbols for quick and easy visual recognition
Human Rights: Concept and Standards (In Association with UNESCO)
by Janusz SymonidesPresenting reflections on the historical perspectives and philosophical foundations of human rights, this book provides a detailed analysis of civil and political rights, as well as the rights of persons belonging to such vulnerable groups as women, children and minorities, indigenous people, refugees, displaced persons and migrant workers.
Human Rights: Fact or Fancy?
by Henry B. VeatchHenry B. Veatch finds the basis for human rights in natural law. He builds his argument step by step, carefully laying the foundation for his central assertion that our basic rights are discoverable directly in the facts of nature.
Human Rights after Corporate Personhood: An Uneasy Merger?
by Sharif YoussefHuman Rights after Corporate Personhood offers a rich overview of current debates, and seeks to transcend the "outrage response" often found in public discourse and corporate legal theory. Through original and innovative analyses, the volume offers an alternative account of corporate juridical personality and its relation to the human, one that departs from accounts offered by public law. In addition, it explores opportunities for the application of legal personality to assist progressive projects, including, but not limited to, environmental justice, animal rights, and Indigenous land claims. Presented accessibly for the benefit of non-specialist readers, the volume offers original arguments and draws on eclectic sources, from law and poetry to fiction and film. At the same time, it is firmly grounded in legal scholarship and, thus, serves as an essential reference for scholars, students, lawmakers, and anyone seeking a better understanding of the interface between corporations and the law in the twenty-first century.
Human Rights and Adolescence (Pennsylvania Studies in Human Rights)
by Jacqueline BhabhaWhile young children's rights have received considerable attention and have accordingly advanced over the past two decades, the rights of adolescents have been neglected. This manifests itself in pervasive gender-based violence, widespread youth disaffection and unemployment, concerning levels of self-abuse, violence and antisocial engagement, and serious mental and physical health deficits. The cost of inaction on these issues is likely to be dramatic in terms of human suffering, lost social and economic opportunities, and threats to global peace and security. Across the range of disciplines that make up contemporary human rights, from law and social advocacy to global health, history, economics, sociology, politics, and psychology, it is time, the contributors of this volume contend, for adolescent rights to occupy a coherent place of their own.Human Rights and Adolescence presents a multifaceted inquiry into the global circumstances of adolescents, focusing on the human rights challenges and socioeconomic obstacles young adults face. Contributors use new research to advance feasible solutions and timely recommendations for a wide range of issues spanning all continents, from relevant international legal norms to neuropsychological adolescent brain development, gender discrimination in Indian education to Colombian child soldier recruitment, stigmatization of Roma youth in Europe to economic disempowerment of Middle Eastern and South African adolescents. Taken together, the research emphasizes the importance of dedicated attention to adolescence as a distinctive and critical phase of development between childhood and adulthood and outlines the task of building on the potential of adolescents while providing support for the challenges they experience.Contributors: Theresa S. Betancourt, Jacqueline Bhabha, Krishna Bose, Neera Burra, Malcolm Bush, Jocelyn DeJong, Elizabeth Gibbons, Katrina Hann, Mary Kawar, Orla Kelly, David Mark, Margareta Matache, Clea McNeely, Glaudine Mtshali, Katie Naeve, Elizabeth A. Newnham, Victor Pineda, Irene Rizzini, Elena Rozzi, Christian Salazar Volkmann, Shantha Sinha, Laurence Steinberg, Kerry Thompson, Jean Zermatten, Moses Zombo.
Human Rights and Agents of Change in Iran: Towards a Theory of Change (Studies in Iranian Politics)
by Rebecca Barlow Shahram AkbarzadehThis volume extends debates on the interaction between universal human rights and the political experiences of Iranians, through a conceptual analysis of ‘theories of change’. It assesses the practical processes by which individuals, organizations and movements can reform or impact the structural, theological and political challenges faced in the Iranian context.Contributors to this volume investigate how structures, institutions, and agents in Iran maneuver for influence and power at the state level, through the law, in international corridors, at the grassroots, and by implementing multiple and complex methods. The chapters provide distinct but interrelated analysis of key drivers of change in Iran. A number of those operate primarily through top-down approaches, such as the political reform movement, lawyers pursuing legislative change, and international human rights monitoring bodies. Others take a bottom-up approach, including local movements and campaigns such as the women’s movement, the labor movement, the student movement, and ethnic minority groups.By prompting drivers of change to think about causation, influence, sequencing, prioritization, roles and relationships, a theory of change ultimately makes the work more effective. Through rigorous analysis of these issues for drivers of change in the Islamic State, this volume is an important contribution to human rights in Iran. In an era of escalating tensions in the Middle East, it amplifies voices of reform and freedom, filling a crucial gap in our understanding of this region.
Human Rights and America's War on Terror (Routledge Research in Human Rights Law)
by Satvinder S. JussThis volume examines the success of the 9/11 attacks in undermining the cherished principles of Western democracy, free speech and tolerance, which were central to US values. It is argued that this has led to the USA fighting disastrous wars in Afghanistan and Iraq, and to sanctioning the use of torture and imprisonment without trial in Guantánamo Bay, extraordinary rendition, surveillance and drone attacks. At home, it has resulted in restrictions of civil liberties and the growth of an ill-affordable military and security apparatus. In this collection the authors note the irony that the shocking destruction of the World Trade Center on 9/11 should become the justification for the relentless expansion of security agencies. Yet, this is a salutary illustration of how the security agencies in the USA have adopted faulty preconceptions, which have become too embedded within the institution to be abandoned without loss of credibility and prestige. The book presents a timely assessment of both the human rights costs of the ‘war on terror’ and the methods used to wage and relentlessly continue that war. It will be of interest to researchers, academics, practitioners and students in the fields of human rights law, criminal justice, criminology, politics and international studies.
Human Rights and Charity Law: International Perspectives (Human Rights and International Law #36)
by Kerry O'HalloranThe 60 or so nations that subscribe to the common law tradition had for centuries broadly accepted the same legal definitions of what constitutes a charity. In recent years, however, a number of countries have embarked on charity law reform processes, designed to strengthen the regulatory framework and to review and encode common law concepts. A primary driver of reform was the need to modernise national charity law and ensure human rights compatibility. In light of these reforms, this book takes stock of how charity law is adapting to face the challenges presented by human rights. The book identifies the key areas where human rights and charity law intersect and examines the importance of those areas, the principles involved and their political significance. It offers a comparative analysis of selected common law countries including England, Wales, Ireland, US, Canada, Australia and New Zealand, assessing the extent of national human rights and charity compatibility. Kerry O’Halloran also goes on to consider tensions arising from the intersection of human rights and charity law, including the significance of cultural values and heritage, the importance of proportionality and striking a balance between public and private interests in current society.
Human Rights and Climate Change: The Law on Loss and Damage (Routledge Studies in Human Rights)
by Linnéa NordlanderThis insightful and timely book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law, the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement, both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications. Accessible and engaging, this book has important implications for both legal doctrine and policy development at the international level. This book is a valuable resource for scholars, students, and practitioners in human rights, human rights law, climate change law, and international environment law.
Human Rights and Constituent Power: Without Model or Warranty
by Illan rua WallWith the emergence of modern human rights in the Universal Declaration, what remained of a radical political potential of the discourse withdrew: statism and individualism became its authorised foundations and the possibilities of other human rights traditions were denied. The strife that once lay at the heart of human rights was forgotten in an increasing juridification. This book seeks to recover the radical political pole of human rights. It looks to the debates surrounding constituent power – the ‘power of the people’ – in order to understand different possibilities for the discourse. Using continental political philosophy and critical legal theory, Human Rights and Constituent Power presents a very different conception of human rights, more at home on the riotous streets than in courtrooms and parliaments.
Human Rights and Development in International Law (Human Rights and International Law)
by Tahmina KarimovaThis book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.
Human Rights and Disability: Interdisciplinary Perspectives
by John-Stewart Gordon Johann-Christian Põder Holger BurckhartThe formerly established medically-based idea of disability, with its charity-based approach to treatment and services, is being replaced by a human rights-based approach in which people with impairments are no longer considered medical problems, totally dependent on the beneficence of non-impaired people in society, but have fundamental rights to support, inclusion, and participation. This interdisciplinary book examines the diverse concerns that people with impairments face in the context of human rights, provides insights into new developments on important issues relating human rights to disability, and features new approaches and solutions to vital problems in the current debate.
Human Rights and Disability Advocacy (Pennsylvania Studies in Human Rights)
by Maya Sabatello Marianne SchulzeThe United Nations adoption of the Convention on the Rights of Persons with Disabilities (CRPD) constituted a paradigm shift in attitudes and approaches to disability rights, marking the first time in law-making history that persons with disabilities participated as civil society representatives and contributed to the drafting of an international treaty. On the way, they brought a new kind of diplomacy forward: empowering nongovernmental stakeholders, including persons with disabilities, within human rights discourse. This landmark treaty provides an opportunity to consider what it means to involve members of a global civil society in UN-level negotiations.Human Rights and Disability Advocacy brings together perspectives from individual representatives of the Disabled People's Organizations (DPOs), nongovernmental organizations (NGOs), indigenous peoples' organizations, states, and national institutions that played leading roles in the Convention's drafting process. The contributors provide vivid and personal accounts of the paths to victory, including stumbling blocks—not all of which were overcome—and offer a unique look into the politics of civil society organizations both from within and in its interaction with governments. Each essay describes the nonnegotiable key issues for which they advocated; the extent of success in reaching their goals; and insights into the limitations they faced. Through the plurality of voices and insider perspectives, Human Rights and Disability Advocacy presents fresh perspectives on the shift toward a new diplomacy and explores the implication of this model for human rights advocacy more generally.Contributors: Andrew Byrnes, Heidi Forrest, Phillip French, Lex Grandia, Huhana Hickey, Markku Jokinen, Liisa Kauppinen, Mi Yeon Kim, Gerison Lansdown, Connie Laurin-Bowie, Tirza Leibowitz, Don MacKay, Anna MacQuarrie, Ronald C. McCallum AO, Tara J. Melish, Pamela Molina Toledo, Maya Sabatello, Marianne Schulze, Belinda Shaw.
Human Rights and Drug Control: A New Perspective
by Melissa L. BoneThis book uses a human rights perspective – developed philosophically, politically and legally – to change the way in which we think about drug control issues. The prohibitionist approach towards tackling the ‘drugs problem’ is not working. The laws and mentality that see drugs as the problem and tries to fight them, makes the ‘drugs problem’ worse. While the law is the best-placed mechanism to regulate our actions in relation to particular drugs, this book argues against the stranglehold of the criminal law, and instead presents a human rights perspective to change the way we think about drug control issues. Part I develops a conceptual framework for human rights in the context of drug control – philosophically, politically and legally – and applies this to the domestic (UK) and international drug control system. Part II focuses on case law to illustrate both the potential and the limitations of successfully applying this unique perspective in practice. The conclusion points towards a bottom-up process for drug policy which is capable of reconfiguring the mentality of prohibition. This book will be of interest to students and scholars of human rights, criminal law, criminology, politics and socio-legal studies.
Human Rights and Empire: The Political Philosophy of Cosmopolitanism
by Costas DouzinasErudite and timely, this book is a key contribution to the renewal of radical theory and politics. Addressing the paradox of a contemporary humanitarianism that has abandoned politics in favour of combating evil, Douzinas, a leading scholar and author in the field of human rights and legal theory, considers the most pressing international questions. Asking whether there ‘is an intrinsic relationship between human rights and the recent wars carried out in their name?’ and whether ‘human rights are a barrier against domination and oppression or the ideological gloss of an emerging empire?’ this book examines a range of topics, including: the normative characteristics, political philosophy and metaphysical foundations of our age the subjective and institutional aspects of human rights and their involvement in the creation of identity and definition of the meaning and powers of humanity the use of human rights as a justification for a new configuration of political, economic and military power. Exploring the legacy and the contemporary role of human rights, this topical and incisive book is a must for all those interested in human rights law, jurisprudence and philosophy of law, political philosophy and political theory.
Human Rights and Environmental Sustainability in State-Owned Enterprises (ISSN)
by Markus Krajewski Judith SchönsteinerThis book presents case studies on the human rights performance of state-owned enterprises from four Latin American and three European countries, as well as foreign investments by Chinese state-owned enterprises on these continents. State-owned enterprises are considered among some of the worst perpetrators of contamination and corporate human rights violations around the globe, both domestically and abroad. This volume examines whether companies implement the UN Guiding Principles on Business and Human Rights and how their state owners regulate or incentivize their human rights compliance. Studies cover different sectors ranging from finance to extractives and air transport in Brazil, Chile, China, Ecuador, Finland, France, Germany, and Mexico and allow contrasts between companies from countries with different degrees of human rights regulation, including due diligence and supply chain laws. The work shows that states are rather hesitant to implement the UN Guiding Principles “leading by example.” The book will be essential reading for academics, researchers, and policy-makers working in the areas of international human rights law, comparative administrative law, and corporate social responsibility.
Human Rights and Gender Violence: Translating International Law into Local Justice
by Sally Engle MerryIn this study that investigates the tensions between global law and local justice, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power.
Human Rights and Human Dignity
by John Warwick MontgomeryNo one is against human rights. It is obviously a good thing-until one starts to think about the meaning of the term and its implications. Then it shows itself to be an idea that polarizes, encouraging uncritical support and also extreme reaction from both secularists and religionists. John Warwick Montgomery, who is both a lawyer and a theologian, is uniquely qualified to address the question of human rights. In clear, easily understood language, he analyzes what human rights are and addresses the crucial question, "How can human rights, properly understood, be legitimated?" Montgomery shows that is there is a foundation for human rights, it must be sought in a transcendent perspective, in the revelational content of the Bible.
Human Rights and Humanitarian Norms, Strategic Framing, and Intervention: Lessons for the Responsibility to Protect
by Melissa LabonteThis book seeks to examine the effects of strategic framing in U.S. and UN policy arenas to draw conclusions regarding whether and how the human rights and humanitarian norms embedded within such frames resonated with decision-makers and, in turn, how they shaped variation in levels of political will concerning humanitarian intervention in three cases that today would qualify as Responsibility to Protect (R2P) cases: Somalia, Rwanda, and Sierra Leone. Labonte concludes that in order for humanitarian interventions to stand a higher likelihood of being effective, states advocating in support of such actions must find a way to persuade policymakers by appealing to both the logic of consequences (which rely on material and pragmatic considerations) and logic of appropriateness (which rely on normatively appropriate considerations) – and strategic framing may be one path to achieve this outcome.
Human Rights and Humanity’s Rights During Year Three of the French Revolution
by Eduardo BakerThis book explores the constitutional debates of the Year 3 of the French Revolution (also known as Year 1 of the French Republic) and the drafts for the Declaration and the Constitution of 1793. It presents the revolutionaries’ distinct view on human rights and the rights of the peoples, as well as their philosophical underpinnings. After discussing how contemporary legal history and theory, and political philosophy approached the revolutionary period, the book tackles the main topics covered during the debates and proposals. Starting with the issue of external relations and the sovereignty of the people and ending with natural rights and Republicanism, this book shows how apparently technical questions (such as what procedure should be implemented to declare a war) are intertwined with philosophical reflections on rights and with problems that were urgent at the time.
Human Rights and Legal Services for Children and Youth: Global Perspectives
by Asha Bajpai David W. Tushaus Mandava Rama Krishna PrasadThis book discusses legal services clinics and various other access-to-justice initiatives that are established to protect and represent the rights and interests of children and youth in several countries across the globe. These could include legal services or access-to-justice clinics run by government or universities or community. The book has contributions from academicians, lawyers, researchers and legal professionals from several counties including India, UK, USA, Brazil, Australia, Indonesia, Poland, and Spain, which discuss how they represent children and youth in their countries. The book looks at how these access-to-justice initiatives currently provide assistance, what are the child friendly justice procedures they use, and best practices that can be replicable in other jurisdictions. The chapters contain findings of field research studies, some case studies, and models related to these topics. There are recommendations on ways to strengthen access-to-justice and legal services for empowering children and youth. The main goal is to create a resource for readers who want to expand child advocacy opportunities in their own universities and communities. The reader may also learn how to conduct legislative advocacy and case law advocacy to improve laws in other jurisdictions; and take-away best and replicable initiatives. The practices could be adaptable by other clinics and countries. The book will be useful to child rights advocates and defenders, students of law, legal researchers, civil society organizations, legal services authorities, legal aid institutions, educational institutions, school authorities, juvenile justice authorities, clinical legal educators, justice educators, justice practitioners and law and policy makers.
Human Rights and Minority Rights in the European Union (Routledge Research in EU Law)
by Kirsten ShorakaThe end of the Cold War has ushered a restructuring of the institutions of the European Community, culminating into its enlargement to Eastern Europe, under the aegis of economic integration, democracy and human rights. This book examines the development and the role of human rights in the European Union, from its inception as an economic co-operation project to an organisation of European States with a political agenda that goes beyond its borders. It argues that human rights have become an important component of the foreign policy of the European Union and that this role has grown from the inception of the Union through the Cold War and thereafter onto the process of enlargement of the Union. The book goes on to analyse the EU’s policy on minorities, as a particular example of human rights. It considers the level of their protection within the EU and the framework of international law, and compares minority rights in the older Member States including France, Germany and the UK, with newer Eastern European states.
Human Rights and Ocean Governance: The Potential of Marine Spatial Planning in Europe
by Mara NtonaThis book argues for the utility of human rights in the practice of ocean governance. Maritime spatial planning (MSP) has become the dominant marine management paradigm, with MSP frameworks already at various stages of elaboration and implementation in more than half of all coastal states. However, as experience with MSP accrues, a central systemic shortcoming has become apparent, insofar as the normative frameworks that underpin MSP tend to be grounded in a rationalistic and economistic worldview. The result is a post-political, neoliberal approach to the implementation of MSP, which favours technocratic ‘fixes’ to complex societal problems over efforts to address underlying issues of power and inequality. Building upon the new field of critical MSP studies, this book offers a much-neglected legal contribution. More specifically, it analyses the extent to which law, and particularly human rights law, can be utilised to meaningfully challenge the unjust patterns of human-ocean interaction that MSP preserves or creates, and so provide a vehicle for the formulation and realisation of transformative blue futures. The book looks to human rights as norms that are uniquely capable of bringing into relief the values, cause-and-effect relationships, and uncertainties that prevailing capitalist-industrial framings of the ocean tend to downplay or, worse, disregard. And so, from a more pragmatic viewpoint, the book argues that the policy and advocacy tools associated with human rights can be used within MSP processes to foster patterns of human-ocean interaction which are more conducive to social and environmental justice. This book will be of interest to legal and planning scholars, geographers, and others concerned with ocean governance and the ‘blue turn’ in the social sciences and humanities more generally.
Human Rights and Populism
by Jolyon FordFor decades, framing an issue as a ‘human rights’ issue carried certain power and effect in politics and international relations, one that has been challenged by the recent rise of populist political forces. Ford explores the recent impact of populist politics on the universalist human rights project, in particular, how scholars have framed and responded to this challenge. Ford offers a provocation to the human rights movement. Rather than ‘what have populists done to human rights?’, it asks ‘how did we, the human rights movement, do this to ourselves?’ How did fundamental protections for all become so easily scapegoated as ‘us and them,’ as claims of small, often foreign, minorities? Did human rights lose some vital connection to ordinary people’s interests, their value taken as obvious and self-explanatory? Looking forward, the book asks how – in a post-truth ‘fake news’ world – we might reimagine human rights as underpinning human flourishing as well as important constraints on public and private concentrations of power. Traversing relevant scholarly literature on the future of human rights and zooming out to look at wider patterns of political and diplomatic discourse, this book will speak to policymakers, diplomats, journalists, and human rights advocates – and all interested in the crisis of liberal democracies.
Human Rights and Radical Social Transformation: Futurity, Alterity, Power
by Kathryn McNeillyAgainst the recent backdrop of sociopolitical crisis, radical thinking and activism to challenge the oppressive operation of power has increased. Such thinkers and activists have aimed for radical social transformation in the sense of challenging dominant ways of viewing the world, including the neoliberal illusion of improving the welfare of all while advancing the interests of only some. However, a question mark has remained over the utility of human rights in this activity and the capability of rights to challenge, as opposed to reinforce, discourses such as liberalism, capitalism, internationalism and statism. It is at this point that the present work aims to intervene. Drawing upon critical legal theory, radical democratic thinking and feminist perspectives, Human Rights and Radical Social Transformation seeks to reassess the radical possibilities for human rights and explore how rights may be re-engaged as a tool to facilitate radical social change via the concept of ‘human rights to come’. This idea proposes a reconceptualisation of human rights in theory and practice which foregrounds human rights as inherently futural and capable of sustaining a critical relation to power and alterity in radical politics.