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Human Rights and Relative Universalism
by Marie-Luisa FrickThis book argues that human rights cannot go global without going local. This important lesson from the winding debates on universalism and particularism raises intricate questions: what are human rights after all, given the dissent surrounding their foundations, content, and scope? What are legitimate deviances from classical human rights (law) and where should we draw “red lines”? Making a case for balancing conceptual openness and distinctness, this book addresses the key human rights issues of our time and opens up novel spaces for deliberation. It engages philosophical reasoning with law, politics, and religion and demonstrates that a meaningful relativist account of human rights is not only possible, but a sorely needed antidote to dogmatism and polarization.
Human Rights and The Revision of Refugee Law (Law and Migration)
by Romit BhandariThis book addresses the relationship between International Refugee Law and International Human Rights Law. Using international refugee law’s analytical turn to human rights as its object of inquiry, it represents a critical intervention into the revisionism that has led to conceptual fragmentation and restrictive practices. Mainstream literature in refugee law reflects a mood of celebration, a narrative of progress which praises the discipline’s rescue from obsolescence. This is commonly ascribed to its repositioning alongside human rights law, its veritable rediscovery as an arm of this far greater edifice. By using human rights logic to construct the current legal paradigm and inform us of who qualifies as a refugee, this purportedly lent areas of conceptual uncertainty a set of objective, modern criteria and increased enfranchisement to new, non-traditional claimants. The present work challenges this dominant position by finding the untold limits of its current paradigm. It stands alone in this orientation and hereby represents one of the most comprehensive, heterodox and structurally detailed reviews of this connection. The exploration of the gap between modern approaches and the unsatisfactory realities of seeking asylum forms the substance of this book. It asserts, by contrast, the existence of revolution rather than evolution. Human rights law has erased the founding tenets of the Refugee Convention, enabling powerful states to contain refugees in their region of origin. The book will be essential reading for those interested in Refugee Law, Refugee Studies, Postcolonial Legal Studies, Postmodern Critiques and Critical Legal Theory. Additionally, given its relevance for the adjudication of refugee claims, it will be an important resource for solicitors, barristers and judges.
Human Rights and the Body: Hidden in Plain Sight (Law, Language and Communication)
by Annabelle MooneyHuman Rights and the Body is a response to the crisis in human rights, to the very real concern that without a secure foundation for the concept of human rights, their very existence is threatened. While there has been consideration of the discourses of human rights and the way in which the body is written upon, research in linguistics has not yet been fully brought to bear on either human rights or the body. Drawing on legal concepts and aspects of the law of human rights, Mooney aims to provide a universally defensible set of human rights and a foundation, or rather a frame, for them. She argues that the proper frames for human rights are firstly the human body, seen as an index reliant on the natural world, secondly the globe and finally, language. These three frames generate rights to food, water, sleep and shelter, environmental protection and a right against dehumanization. This book is essential reading for researchers and graduate students in the fields of human rights and semiotics of law.
Human Rights and the Care of the Self
by Alexandre LefebvreWhen we think of human rights we assume that they are meant to protect people from serious social, legal, and political abuses and to advance global justice. In Human Rights and the Care of the Self Alexandre Lefebvre turns this assumption on its head, showing how the value of human rights also lies in enabling ethical practices of self-transformation. <p><p> Drawing on Foucault's notion of "care of the self," Lefebvre turns to some of the most celebrated authors and activists in the history of human rights–such as Mary Wollstonecraft, Henri Bergson, Eleanor Roosevelt, and Charles Malik–to discover a vision of human rights as a tool for individuals to work on, improve, and transform themselves for their own sake. This new perspective allows us to appreciate a crucial dimension of human rights, one that can help us to care for ourselves in light of pressing social and psychological problems, such as loneliness, fear, hatred, patriarchy, meaninglessness, boredom, and indignity.
Human Rights and the Criminal Justice System
by Anthony Amatrudo Leslie William BlakeWe now live in a world which thinks through the legislative implications of criminal justice with one eye on human rights. Human Rights and the Criminal Justice System provides comprehensive coverage of human rights as it relates to the contemporary criminal justice system. As well as being a significant aspect of international governance and global justice, Amatrudo and Blake argue here that human rights have also eclipsed the rhetoric of religion in contemporary moral discussion. This book explores topics such as terrorism, race, and the rights of prisoners, as well as existing legal structures, court practices, and the developing literature in Criminology, Law and Political Science, in order to critically review the relationship between the developing body of human rights theory and practice, and the criminal justice system. This book will be of considerable interest to those with academic concerns in this area; as well as providing an accessible, yet sophisticated, resource for upper level undergraduate and postgraduate human rights courses.
Human Rights and the Digital Divide (Routledge Research in Human Rights Law)
by Anne PeacockThe Internet’s importance for freedom of expression and other rights comes in part from the ability it bestows on users to create and share information, rather than just receive it. Within the context of existing freedom of expression guarantees, this book critically evaluates the goal of bridging the 'digital divide' – the gap between those who have access to the Internet and those who do not. Central to this analysis is the examination of two questions: first, is there a right to access the Internet, and if so, what does that right look like and how far does it extend? Second, if there is a right to access the Internet, is there a legal obligation on States to overcome the digital divide?Through examination of this debate’s history, analysis of case law in the European Court of Human Rights and Inter-American Court of Human Rights, and a case study of one digital inclusion programme in Jalisco, Mexico, this book concludes that there is indeed currently a legal right to Internet access, but one that it is very limited in scope. The 2012 Joint Declaration on Freedom of Expression and the Internet is aspirational in nature, rather than a representative summary of current protections afforded by the international human rights legal framework. This book establishes a critical foundation from which some of these aspirations could be advanced in the future. The digital divide is not just a human rights challenge nor will it be overcome through human rights law alone. Nevertheless, human rights law could and should do more than it has thus far.
Human Rights and the Environment in Africa: A Research Companion
by Jean-Claude N. Ashukem Semie M. SamaThe relationship between human rights and the environment, as evidenced by the recent UN Resolution on the human right to a healthy environment, is a topical, fascinating, uneasy, and increasingly urgent one. This timely collection explores the inextricable relationship between human rights and the environment as a critical lens for understanding and addressing key human rights and environmental issues confronting Africa. The work explores theoretical, philosophical, doctrinal, and empirical research to interrogate and provide clarity on how and whether the human rights-based approach to environmental protection and policy implications has been effective in enhancing environmental protection and sustainability in Africa. It brings together an elite group of African and international experts to investigate the increasing connectivity and problems with African human rights, environmental governance, and the quest for sustainability. The book is divided into thematic clusters, including: the right of vulnerable communities to sustainability; climate change, the right to development and natural resource governance; corporate environmental responsibility and sustainability; the philosophy of environmental ethics and theories of human rights approaches to environmental governance; procedural environmental rights; the role of the judiciary in environmental protection; and desertification. These themes provide a structure to investigate and clarify specific fundamental questions on Africa’s environmental governance paradigm. This innovative contribution provides an interdisciplinary approach to the philosophical interrelationship and use of human rights approaches to ensure and enhance environmental protection and sustainability. As such, the book will be of interest to African scholars, researchers and students in Human Rights Law, Environmental Studies, Political Science, Ecology and Conservation and Development Studies. It will also be a valuable resource for policymakers, governments, NGOs, practitioners, and all those interested in African environmental governance.
Human Rights and the Ethics of Globalization
by Daniel E. Lee Elizabeth J. LeeHuman Rights and the Ethics of Globalization provides a balanced, thoughtful discussion of the globalization of the economy and the ethical considerations inherent in the many changes it has prompted. The book's introduction maps out the philosophical foundations for constructing an ethic of globalization, taking into account both traditional and contemporary sources. These ideals are applied to four specific test cases: the ethics of investing in China, the case study of the Firestone company's presence in Liberia, free-trade and fair-trade issues pertaining to the coffee trade with Ethiopia, and the use low-wage factories in Mexico to serve the U. S. market. The book concludes with a comprehensive discussion of how to enforce global compliance with basic human rights standards, with particular attention to stopping abuses by multinational corporations through litigation under the Alien Tort Claims Act.
Human Rights and the Private Sphere vol 1: A Comparative Study (UT Austin Studies in Foreign and Transnational Law)
by Dawn Oliver Jörg FedtkeParticularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.
Human Rights and the Protection of Privacy in Tort Law: A Comparison between English and German Law (UT Austin Studies in Foreign and Transnational Law)
by Hans-Joachim CremerIn its case law, the European Court of Human Rights has acknowledged that national courts are bound to give effect to Article 8 of the European Convention of Human Rights (ECHR) which sets out the right to private and family life, when they rule on controversies between private individuals. Article 8 of the ECHR has thus been accorded mittelbare Drittwirkung or indirect ‘third-party’ effect in private law relationships. The German law of privacy, centring on the "allgemeines Persönlichkeitsrecht", has quite a long history, and the influence of the European Court of Human Rights’ interpretation of the ECHR has led to a strengthening of privacy protection in the German law. This book considers how English courts could possibly use and adapt structures adopted by the German legal order in response to rulings from the European Court of Human Rights, to strengthen the protection of privacy in the private sphere.
Human Rights and the UN Universal Periodic Review Mechanism: A Research Companion
by Damian Etone Amna Nazir Alice StoreyThe Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States’ protection and promotion of human rights. After 10 years of the existence of the UPR mechanisms, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements. The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, Part III questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future. The volume will be a valuable resource for researchers, academics and policy-makers working in the area of International Human Rights law, International Organizations and International Relations.
Human Rights and the UN Universal Periodic Review Mechanism: A Research Companion
by Damian Etone Amna Nazir Alice StoreyThe Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States’ protection and promotion of human rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements.The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first part focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, the third part questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future.The volume will be a valuable resource for researchers, academics, and policymakers working in the area of international human rights law, international organizations, and international relations. We would like to acknowledge the UPR Academic Network (UPRAN) for bringing together the experts on this project and the University of Stirling for providing funds to facilitate open access dissemination for parts of this output.
Human Rights and Transitional Justice in Chile (Memory Politics and Transitional Justice)
by Hugo Rojas Miriam ShaftoeThis book offers a synthesis of the main achievements and pending challenges during the thirty years of transitional justice in Chile after Augusto Pinochet’s dictatorship. The Chilean experience provides useful comparative perspectives for researchers, students and human rights activists engaged in transitional justice processes around the world. The first chapter explains the theoretical foundations of human rights and transitional justice. The second chapter discusses the main historical milestones in Chile’s recent history which have defined the course of the process of transitional justice. The following chapters provide an overview of the key elements of transitional justice in Chile: truth, reparations, memory, justice, and guarantees of non-repetition.
Human Rights and Universal Child Primary Education
by Fait MuediniThis book examines the progress toward universal child primary education, and the obstacles that remain. Fait Muedini describes the current state of child primary education, the international laws that support the right to free childhood education, and the positive gains that are paving the way to universal free schooling. He also discusses remaining legal and logistical roadblocks still to be overcome by the NGOs and international organizations that strive to deliver free education to allchildren. The benefits to free primary education ripple throughout the world system, and this discussion illuminates the current state of universal education delivery and points the way to next steps.
Human Rights and War Through Civilian Eyes (Pennsylvania Studies in Human Rights)
by Thomas SmithInternational lawyers and ethicists have long judged wars from the perspective of the state and its actions, developing international humanitarian law by asking such questions as "Are the belligerents justified in entering the conflict?" and "How should they conduct themselves during the war's execution?" and "When civilian noncombatants are harmed, who is responsible for their suffering?" <P><P>Human Rights and War Through Civilian Eyes reimagines the ethics of war from the standpoint of its collateral victims, focusing on the effects of war on individuals—on those who are terrorized, or killed, or whose lives are violently disrupted. Upholding a human rights analysis of war, Thomas W. Smith conveys vividly the depth of human loss and the narrowing of everyday life brought about by armed conflict. <P><P>Through riveting case studies of the Iraq War and the recent Gaza conflicts, Smith shows how even combatants who profess to follow the laws of war often engage in appalling violence and brutality, cutting short civilian lives, ruining economies, rending social fabrics, and collapsing public infrastructure. A focus on the human dimension of warfare makes clear the limits of international humanitarian law, and underscores how human rights perspectives increase its efficacy. <P><P> At a moment when liberal states are rethinking the ethics of war as they seek to extricate themselves from unjust or unwise conflicts and taking on the responsibility to intervene to protect vulnerable people from slaughter, Human Rights and War helps us see with bracing clarity the devastating impact of war on innocent people.
Human Rights Approaches to Climate Change: Challenges and Opportunities (Routledge Research in International Environmental Law)
by Sumudu AtapattuDespite the clear link between climate change and human rights with the potential for virtually all protected rights to be undermined as a result of climate change, its catastrophic impact on human beings was not really understood as a human rights issue until recently. This book examines the link between climate change and human rights in a comprehensive manner. It looks at human rights approaches to climate change, including the jurisprudential bases for human rights and the environment, the theoretical framework governing human rights and the environment, and the different approaches to this including benchmarks. In addition to a discussion of human rights implications of international environmental law principles in the climate change regime, the book explores how the human rights framework can be used in relation to mitigation, adaption, and adjudication. Other chapters examine how vulnerable groups –women, indigenous peoples and climate "refugees" – would be disproportionately affected by climate change. The book then goes on to discuss a new category of people created by climate change, those who will be rendered stateless as a result of states disappearing and displaced by climate change, and whether human rights law can adequately address these emerging issues.
Human Rights as Battlefields: Changing Practices and Contestations (Human Rights Interventions)
by Gabriel Blouin-Genest Marie-Christine Doran Sylvie PaquerotThis book examines human rights as political battlefields, spaces that are undergoing constant changes in which political conflicts are expressed by a translation process within networks of interactions. This translation, in turn, contributes to modifying the scope and understanding of human rights. Ultimately, these battlefields express the legitimacy encounter of different versions of human rights in contemporary political practices. The volume thus challenges both the tendency to minimize the changing nature of human rights as well as the struggles emerging from the use of human rights discourses as a legitimization tool. By shifting the focus on what stakeholders do instead of solely on the origin, nature or foundations of human rights, the authors reveal that human rights are not static objects: they are constantly transformed and, as such, affect the horizon of universal rights.
Human Rights as Human Independence: A Philosophical and Legal Interpretation (Pennsylvania Studies in Human Rights)
by Julio MonteroCan human rights be claimed against agents other than states, such as transnational corporations and global governance institutions? Does the authority of human rights depend on international law-making, or do they have a moral status that must be honored even in the absence of legal structures? What obligations do human rights impose on states acting across borders? What does it mean that the international community must work together to bring about their universal realization? Do we have human rights to abortion, same-sex marriage, and fully democratic government? What must individuals do for the human rights of others?Although these questions may be essential for the future of global politics and international relations, human rights doctrine offers no conclusive answers for them. In Human Rights as Human Independence, Julio Montero develops an original theory of human rights that helps us think about these and similar issues. Montero argues that human rights regulate the conduct of sovereign political agents both within and beyond borders, and that the aim of human rights norms is to protect everyone's fundamental moral claim to enjoy an equal sphere of agency to develop their personality.Human Rights as Human Independence offers a comprehensive, systematic, and complete account of the nature, sources, and scope of human rights that can be used to interpret international documents and make informed decisions about how human rights practice must be continued in the years to come. The book is thus of interest for a wide audience, ranging from philosophers and political theorists to lawyers, human rights scholars, and activists.
Human Rights as Political Imaginary
by José Julián LópezIn this book, López proposes the ‘political imaginary’ model as a tool to better understand what human rights are in practice, and what they might, or might not, be able to achieve. Human rights are conceptualised as assemblages of relatively stable, but not unchanging, historically situated, and socially embedded practices. Drawing on an emerging iconoclastic historiography of human rights, the author provides a sympathetic yet critical overview of the field of the sociology of human rights. The book addresses debates regarding sociology’s relationships to human rights, the strengths and limits of the notion of practice, human rights’ affinity to postnational citizenship and cosmopolitism, and human rights’ curious, yet fateful, entanglement with the law. Human Rights as Political Imaginary will be of interest to students and scholars across a range of disciplines, including sociology, politics, international relations and criminology.
Human Rights at Risk: Global Governance, American Power, and the Future of Dignity
by Salvador Santino Regilme Alice Storey Mark Eccleston-Turner Eduard Jordaan Irene Hadiprayitno Dinna Prapto Raharja Ka Lok Yip Oumar Ba Dahlia Simangan Jeffrey Davis Hans-Martien ten Napel Emilie M. Hafner-BurtonHuman Rights at Risk brings together social scientists, legal scholars, and humanities scholars to analyze the policy challenges of human rights protection in the twenty-first century. The volume is organized based on three overarching themes that highlight the challenges and risks in international human rights: international institutions and global governance of human rights; thematic blind spots in human rights protection; and the human rights challenges of the United States as a global and domestic actor amidst the contemporary global shifts to authoritarianism and illiberal populism. One of the very few books that offer new perspectives that envision the future of transnational human rights norms and human dignity from a multidisciplinary perspective, Human Rights at Risk comprehensively examines the causes and consequences of the challenges faced by international human rights. Scholars, students, and policy practitioners who are interested in the challenges and reform prospects of the international human rights regime, United States foreign policy, and international institutions will find this multidisciplinary volume an invaluable guide to the state of global politics in the twenty-first century.
The Human Rights-Based Approach to Carbon Finance
by Damilola S. OlawuyiThis book analyses the topical and contentious issue of the human rights impacts associated with carbon projects, especially in developing countries. It outlines a human rights-based approach to carbon finance as a functional framework for mainstreaming human rights into the design, approval, finance and implementation of carbon projects. It also describes the nature and scope of carbon projects, the available legal options for their financing and the key human rights issues at stake in their planning and execution. Written in a user-friendly style, the proposal for a rights-based due diligence framework through which human rights issues can be anticipated and addressed makes this book relevant to all stakeholders in carbon, energy, and environmental investments and projects.
Human Rights-Based Approach to Short-Term Study Abroad (SpringerBriefs in Rights-Based Approaches to Social Work)
by Karen Rice Heather GirvinShort-term study abroad experiences are on the rise across social work programs. This increase is fueled by the Educational Policy and Accreditation Standards of the Council on Social Work Education (CSWE) that social work programs graduate students who are ready to engage diversity and function ethically as global citizens who understand mechanisms of oppression. With the increasing number of short-term study abroad trips, this brief offers a framework that provides strategies for empowering the populations and communities in which these trips occur. Developing short-term study abroad trips from a human rights-based framework rather than a needs-based approach is urgent and necessary, as the community in which the visit will occur is placed at the center of planning efforts and its members become equal and active participants. The brief is accessible and relevant to both instructors and students, with thoughtful emphasis placed in each chapter to align with the needs of each group more distinctly. It is conceived with both travel-based (field education) and classroom learning (pre-trip preparation) in mind. Though developed with more depth, theory, and evidence than a "how-to manual," the brief serves as an exemplary "guide" that prepares those engaging in short-term study abroad trips with information and strategies that are derived from the key concepts of a rights-based approach to field education. Human Rights-Based Approach to Short-Term Study Abroad is essential reading that engages students and faculty with case examples to illuminate the complex concepts that are taught by faculty as well as specific exercises and assignments to guide both faculty and student through the process of developing and implementing short-term study abroad trips. This brief is of immediate relevance for undergraduate and graduate coursework in field education, international social work, human rights, global social work, and macro social work, as well as useful for any practitioner seeking CSWE accreditation.
Human Rights-Based Change: The Institutionalisation of Economic and Social Rights
by Maija Mustaniemi-Laakso and Hans-Otto SanoThis book provides different analytical perspectives into how human rights-based approaches to development (HRBADs) contribute to change. Based on the understanding that HRBADs are increasingly integrated into development and governance discourse and processes in many societies and organisations, it explores how the reinforcement of human rights principles and norms has impacted the practices and processes of development policy implementation. To reflect on the nature of the change that such efforts may imply, the chapters examine critically traditional and innovative ways of mainstreaming and institutionalising human right in judicial, bureaucratic and organisational processes in development work. Attention is also paid to the results assessment and causal debates in the human rights field. The articles discuss important questions concerning the legitimacy of and preconditions for change. What is the change that development efforts should seek to contribute to and who should have the power to define such change? What is required of institutional structures and processes within development organisations and agencies in order for human rights integration and institutionalisation to have transformative potential? This book was previously published as a special issue of the Nordic Journal of Human Rights.
Human Rights Behind Bars: Tracing Vulnerability in Prison Populations Across Continents from a Multidisciplinary Perspective (Ius Gentium: Comparative Perspectives on Law and Justice #103)
by Clara Burbano Herrera Yves HaeckThis book brings together leading authorities from the fields of international human rights law, criminology, legal medicine, and political science with international human rights judges and UN experts to analyze the current situation of detainees in Europe, the Americas and Africa.This comprehensive volume offers a platform for reflecting on the complexity of the prison problem from a multidisciplinary perspective. The authors address detention-related issues with the aim of generating new ideas that contribute to both academic discussion and critical analysis. Academic dialogue across the globe provides insights into various national and international carceral systems and how they deal with human rights behind bars. At the same time, the critical comparison helps to identify basic needs and practices that can work in multiple settings. The contributors are respected experts and leading scholars in their fields, and each has pursued prison and human rights research over the last decades. However, this is the first time that they have come together in a multidisciplinary academic project. This book aims to stimulate diverse actors to imagine alternative ways of engaging with persons deprived of their liberty, in academia and in practice.
The Human Rights Challenge to Immunity in International Law
by Selman ÖzdanThis book focuses on the tension between the protection of human rights recognised as jus cogens (peremptory) norms, on the one hand, and the bestowal of immunity on the state and its representatives, on the other, to ascertain how these immunities can be eroded, if not fully abolished, to maintain full protection of jus cogens human rights under international law. The book argues that immunity should not equate to impunity when violations of jus cogens human rights are committed by States, Heads of State, or diplomatic agents. To make the case, the organic structures of the concepts of sovereignty and fundamental human rights are examined. Then, the human rights-based challenge to immunity is presented with respect to State, Head of State and diplomatic immunity, and the transition from a state-centric system to a human-centric system is explored. Jus cogens norms are at the centre of the impunity versus immunity debate.