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The Right to Religious Freedom in International Law: Between Group Rights and Individual Rights (Routledge Research In Human Rights Law Ser. #2)
by Anat ScolnicovThis book analyses the right to religious freedom in international law, drawing on an array of national and international cases. Taking a rigorous approach to the right to religious freedom, Anat Scolnicov argues that the interpretation and application of religious freedom must be understood as a conflict between individual and group claims of rights, and that although some states, based on their respective histories, religions, and cultures, protect the group over the individual, only an individualistic approach of international law is a coherent way of protecting religious freedom. Analysing legal structures in a variety of both Western and Non-Western jurisdictions, the book sets out a topography of different constitutional structures of religions within states and evaluates their compliance with international human rights law. The book also considers the position of women's religious freedom vis-à-vis community claims of religious freedom, of children’s right to religious freedom and of the rights of dissenters within religious groups.
The Right to Repair: Reclaiming the Things We Own
by Aaron PerzanowskiIn recent decades, companies around the world have deployed an arsenal of tools - including IP law, hardware design, software restrictions, pricing strategies, and marketing messages - to prevent consumers from fixing the things they own. While this strategy has enriched companies almost beyond measure, it has taken billions of dollars out of the pockets of consumers and imposed massive environmental costs on the planet. In The Right to Repair, Aaron Perzanowski analyzes the history of repair to show how we've arrived at this moment, when a battle over repair is being waged - largely unnoticed - in courtrooms, legislatures, and administrative agencies. With deft, lucid prose, Perzanowski explains the opaque and complex legal landscape that surrounds the right to repair and shows readers how to fight back.
The Right to Research in Africa: Exploring the Copyright and Human Rights Interface (SpringerBriefs in Law)
by Desmond OriakhogbaThis book formulates a human right to research in Africa based on an in-depth examination of the available international and regional human rights instruments as well as those relevant to the national contexts of African countries. The imbalances in the African copyright ecosystem regarding access to information for research and education became painfully apparent during the COVID-19 pandemic. African libraries and knowledge curators found themselves ill-equipped to perform their role of enabling access to information. As teaching, learning and research are increasingly done on digital platforms, learners and researchers continue to grapple with the challenges of accessing materials owing largely to the protection of these resources under copyright law. Access to information, which is needed in order to exercise the right to science and culture, faces a significant challenge posed by the exercising of exclusive rights by copyright owners without a legal mechanism that properly balances copyright from a human rights perspective.To achieve such a balance, there is an urgent need to revise the African copyright system from the perspective of human rights law. Can it be done by establishing a human right to research? In view of the existing broad freedom of expression, and the right to science and culture, education, and property in global, national and regional human rights regimes, is a specific right to research in Africa necessary and justifiable? If so, what should its minimum core components be? Are there international and national regimes already in place that could support the formulation of a human right to research in Africa?This book offers a valuable resource for law- and policymakers in the fields of copyright and human rights, judges, lawyers, public interest groups, researchers and students, librarians and authors, as well as the general public.
The Right to Self-determination Under International Law: “Selfistans,” Secession, and the Rule of the Great Powers (Routledge Research in International Law)
by Milena SterioThis book proposes a novel theory of self-determination; the Rule of the Great Powers. This book argues that traditional legal norms on self-determination have failed to explain and account for recent results of secessionist self-determination struggles. While secessionist groups like the East Timorese, the Kosovar Albanians and the South Sudanese have been successful in their quests for independent statehood, other similarly situated groups have been relegated to an at times violent existence within their mother states. Thus, Chechens still live without significant autonomy within Russia, and the South Ossetians and the Abkhaz have seen their conflicts frozen because of the peculiar geo-political equilibrium of power within the Caucuses region. The Rule of the Great Powers, which asserts that only those self-determination seeking entities which enjoy the support of the majority of the most powerful states (the Great Powers) will ultimately have their rights to self-determination fulfilled. The Great Powers, potent military, economic and political powerhouses such as the United States, China, Russia, Japan, the United Kingdom, France, Germany, and Italy, often dictate self-determination outcomes through their influence in global affairs. Issues of self-determination in the modern world can no longer be effectively resolved through the application of traditional legal rules; rather, resort must be had to novel theories, such as the Rule of the Great Powers. This book will be of particular interest to academics and students of law, political science and international relations.
The Right to Sex: Feminism in the Twenty-First Century
by Amia Srinivasan“Laser-cut writing and a stunning intellect. If only every writer made this much beautiful sense.”—Lisa Taddeo, author of Three Women“Amia Srinivasan is an unparalleled and extraordinary writer—no one X-rays an argument, a desire, a contradiction, a defense mechanism quite like her. In stripping the new politics of sex and power down to its fundamental and sometimes clashing principles, The Right to Sex is a bracing revivification of a crucial lineage in feminist writing: Srinivasan is daring, compassionate, and in relentless search of a new frame.”—Jia Tolentino, author of Trick Mirror: Reflections on Self DelusionThrilling, sharp, and deeply humane, philosopher Amia Srinivasan's The Right to Sex: Feminism in the Twenty-First Century upends the way we discuss—or avoid discussing—the problems and politics of sex.How should we think about sex? It is a thing we have and also a thing we do; a supposedly private act laden with public meaning; a personal preference shaped by outside forces; a place where pleasure and ethics can pull wildly apart.How should we talk about sex? Since #MeToo many have fixed on consent as the key framework for achieving sexual justice. Yet consent is a blunt tool. To grasp sex in all its complexity—its deep ambivalences, its relationship to gender, class, race and power—we need to move beyond yes and no, wanted and unwanted.We do not know the future of sex—but perhaps we could imagine it. Amia Srinivasan’s stunning debut helps us do just that. She traces the meaning of sex in our world, animated by the hope of a different world. She reaches back into an older feminist tradition that was unafraid to think of sex as a political phenomenon. She discusses a range of fraught relationships—between discrimination and preference, pornography and freedom, rape and racial injustice, punishment and accountability, students and teachers, pleasure and power, capitalism and liberation.The Right to Sex: Feminism in the Twenty-First Century is a provocation and a promise, transforming many of our most urgent political debates and asking what it might mean to be free.
The Right to Silence in Transnational Criminal Proceedings
by Fenella M. W. BillingThis book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person's silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt. On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
The Right to Silence in Transnational Criminal Proceedings: Comparative Law Perspectives
by Fenella M. BillingThis book considers the effectiveness and fairness of using international cooperation to obtain confession evidence or evidence of a suspect or accused person’s silence across borders. This is a question of balance in limiting and protecting the right to silence. The functioning of the applicable law in Denmark, England and Wales and Australia is analysed in relation to investigative and trial measures such as police questioning, administrative questioning powers, covert surveillance and the use of silence as evidence of guilt.On the national level, this work examines the way in which domestic rules balance the right to silence in national criminal proceedings, and whether investigative and trial rules produce continuity throughout the criminal proceedings as a whole. From the transnational perspective, comparative legal analysis is used to determine whether the national continuity may be disrupted to such an extent that cooperation in the gathering of confession evidence causes unfairness. From the international perspective, this research compares the right to silence under the ICCPR and the ECHR to identify the overall effect of cooperating under particular human rights frameworks on the question of balance.
The Right to The Truth in International Law: Victims’ Rights in Human Rights and International Criminal Law (Human Rights and International Law)
by Howard Davis Melanie KlinknerThe United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.
The Right to Wear Religious Symbols
by Daniel J. Hill Daniel WhistlerClearly presenting the case-law concerning Article 9 of the European Convention of Human Rights, this is a lively and accessible analysis of a key issue in contemporary society: whether there is a human right to wear a religious symbol and how far any such right extends.
The Right to a Fair Trial (The\international Library Of Essays On Rights Ser.)
by Thom BrooksThe right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear what precisely should count as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, especially for defendants charged with terrorism offences. This collection, The Right to a Fair Trial, is the first to publish in one place the most influential work in the field on the following topics: including the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and the more recent issue of terrorism trials. The collection should help inform both scholars and students of both the importance and complexity of the right to a fair trial, as well as shed light on how the trial might be further improved.
The Right to be Forgotten: A Canadian and Comparative Perspective
by Ignacio N. CofoneExploring the evolution of the right to be forgotten, its challenges, and impact on privacy, reputation, and online expression, this book lays out the current state of the law on the right to be forgotten in Canada and in the international context while addressing the broader theoretical tensions at its core of the right to be forgotten.The essays contemplate questions such as: How does the right to be forgotten fit into existing legal frameworks? How can Canadian courts and policy-makers reconcile rights to privacy and rights to access publicly available information? Should search engines be regulated purely as commercial actors? What is the right’s impact on free speech and freedom of the press? Together, these essays address the questions that legal actors and policy-makers must consider as they move forward in shaping this new right through legislation, regulations, and jurisprudence. They address both the difficulties in introducing the right and the long-term effects it could have on the protection of online (and offline) reputation and speech. As the question of implementing the right to be forgotten in Canada has been put forward by the Privacy Commissioner and considered by courts, Canada is in need of academic literature on the matter; a need that, with this book, we intend to fulfill.The questions put forward in this book will thus advance the legal debate in Canada and provide a rich case study for the international legal community.
The Right to housing in law and society (Routledge Research in Human Rights Law)
by Nico MoonsFrom the very first negotiations of the International Covenant on Economic, Social and Cultural Rights half a century ago to the present day, socio-economic rights have often been regarded as less enforceable than civil and political rights. The right to adequate housing, even though protecting one of the most basic needs of human beings, has not escaped this classification. Despite its strong foundations in international, regional and domestic legislation, many people are still deprived of one or more of the different key elements that comprise adequate housing. How, then, can international human rights theory and case law be developed into effective vehicles at the domestic level? Rather than focusing merely on possibilities for individualized relief through the court system, The Right to Housing in Law and Society looks into more effective socio-economic rights realization by addressing both conceptual and practical stumbling blocks that hinder a more structural progress at the national level. The Flemish and Belgian housing legislation and policy are used to highlight the problems and illustrate the pathways here presented. While first and foremost legal in its approach, the book also offers a more sociological perspective on the functioning of the right to housing in practice. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers and students in the fields of international socio-economic rights law and human rights law more generally.
The Right(s) to Water
by Pierre ThielbörgerPoliticians and diplomats have for many years proclaimed a human right to water as a solution to the global water crisis, most recently in the 2010 UN General Assembly Resolution "The human right to water and sanitation". To what extent, however, can a right to water legally and philosophically exist and what difference to international law and politics can it make? This question lies at the heart of this book. The book's answer is to argue that a right to water exists under international law but in a more differentiated and multi-level manner than previously recognised. Rather than existing as a singular and comprehensive right, the right to water should be understood as a composite right of different layers, both deriving from separate rights to health, life and an adequate standard of living, and supported by an array of regional and national rights. The author also examines the right at a conceptual level. After disproving some of the theoretical objections to the category of socio-economic rights generally and the concept of a right to water more specifically, the manuscript develops an innovative approach towards the interplay of different rights to water among different legal orders. The book argues for an approach to human rights - including the right to water - as international minimum standards, using the right to water as a model case to demonstrate how multilevel human rights protection can function effectively. The book also addresses a crucial last question: how does one make an international right to water meaningful in practice? The manuscript identifies three crucial criteria in order to strengthen such a composite derived right in practice: independent monitoring; enforcement towards the private sect∨ and international realization. The author examines to what extent these criteria are currently adhered to, and suggests practical ways of how they could be better met in the future.
The Right-to-Life Movement, the Reagan Administration, and the Politics of Abortion (Palgrave Studies in the History of Social Movements)
by Prudence FlowersThis book offers a political, ideological, and social history of the national right-to-life movement in the 1980s under President Ronald Reagan. It analyzes anti-abortion engagement with the legislative, judicial, and executive branches, and offers what is frequently a narrative of disappointment and factionalism. The chapters explore pro-life responses to Supreme Court vacancies, attempts to pass a constitutional amendment, and broader legislative and bureaucratic strategies, including successful campaigns against international and domestic family planning programs. The book suggests that the 1980s transformed the anti-abortion cause, limiting the types of ideas and approaches possible at a national level. Although the movement later claimed Reagan as a "pro-life hero," while he was President right-to-lifers continuously struggled with the gap between his words and deeds. They also had a fraught relationship with the broader Republican Party. This book charts the political education of right-to-lifers, offering insights into social movement activism and conservatism in the late twentieth century.
The Righteous Mind: Why Good People Are Divided by Politics and Religion
by Jonathan HaidtWhy can't our political leaders work together as threats loom and problems mount? Why do people so readily assume the worst about the motives of their fellow citizens? In The Righteous Mind, social psychologist Jonathan Haidt explores the origins of our divisions and points the way forward to mutual understanding. His starting point is moral intuition--the nearly instantaneous perceptions we all have about other people and the things they do. These intuitions feel like self-evident truths, making us righteously certain that those who see things differently are wrong. Haidt shows us how these intuitions differ across cultures, including the cultures of the political left and right. He blends his own research findings with those of anthropologists, historians, and other psychologists to draw a map of the moral domain, and he explains why conservatives can navigate that map more skillfully than can liberals. He then examines the origins of morality, overturning the view that evolution made us fundamentally selfish creatures. But rather than arguing that we are innately altruistic, he makes a more subtle claim--that we are fundamentally groupish. It is our groupishness, he explains, that leads to our greatest joys, our religious divisions, and our political affiliations. In a stunning final chapter on ideology and civility, Haidt shows what each side is right about, and why we need the insights of liberals, conservatives, and libertarians to flourish as a nation.
The Rights Revolution: Lawyers, Activists, and Supreme Courts in Comparative Perspective
by Charles R. EppIt is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon.The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.
The Rights and Obligations of States in Disputed Maritime Areas
by Youri van LogchemDisputed maritime areas exist around the world, and in many cases the affected States have not been able to reach agreement on cooperative arrangements or regulate commercial activities within the area. Where a claimant coastal State increases their level of unilateral activity, such as in the South China Sea, long-standing conflicts remain difficult to resolve. This book examines the rights and obligations States have under international law concerning disputed maritime areas in the first comprehensive treatment of this highly topical and pressing issue. It analyses conventional law, general international law, judicial decisions, State practice and academic opinions that shine light on the international legal framework applicable in disputed maritime areas. Proposing practical solutions for interpreting and applying the applicable international law, the book discusses the extent to which it currently provides clear guidance to States, and how international courts and tribunals have dealt with cases related to disputed maritime areas.
The Rights and Responsibilities of the Modern University: The Rise of the Facilitator University
by Peter F. LakeThis substantially revised and updated second edition includes discussion of recent judicial, legislative and regulatory college safety mandates, modern risk management and prevention practices, and the explosion in college safety and wellness issues (suicide, active shooter violence, sexual assault, etc.) while remaining faithful to the core vision of the first edition. <p><p>The second edition also addresses the disturbing rise of a new nemesis of the facilitator university ― "Compliance U." Crushing new regulatory burdens significantly impact academic freedom and autonomy, and may interfere with the facilitator's chief goal of creating a sustainable, reasonably safe and responsible college environment.
The Rights and Wrongs of Land Restitution: 'Restoring What Was Ours'
by Deborah James Derick FayThe Rights and Wrongs of Land Restitution: ‘Restoring What Was Ours’ offers a critical, comparative ethnographic, examination of land restitution programs. Drawing on memories and histories of past dispossession, governments, NGOs, informal movements and individual claimants worldwide have attempted to restore and reclaim rights in land. Land restitution programs link the past and the present, and may allow former landholders to reclaim lands which provided the basis of earlier identities and livelihoods. Restitution also has a moral weight that holds broad appeal; it is represented as righting injustice and healing the injuries of colonialism. Restitution may have unofficial purposes, like establishing the legitimacy of a new regime, quelling popular discontent, or attracting donor funds. It may produce unintended consequences, transforming notions of property and ownership, entrenching local bureaucracies, or replicating segregated patterns of land use. It may also constitute new relations between states and their subjects. Land-claiming communities may make new claims on the state, but they may also find the state making unexpected claims on their land and livelihoods. Restitution may be a route to citizenship, but it may engender new or neo-traditional forms of subjection. This volume explores these possibilities and pitfalls by examining cases from the Americas, Eastern Europe, Australia and South Africa. Addressing the practical and theoretical questions that arise, The Rights and Wrongs of Land Restitution thereby offers a critical rethinking of the links between land restitution and property, social transition, injustice, citizenship, the state and the market.
The Rights of Groups: Understanding Community in the Eyes of the Law
by Lawrence RosenArgues that a refined concept of culture can be used by American courts to better analyze cases that cover the sense of community.Supreme Court Justices frequently justify their opinions in terms of the traditions and customs of a community. Yet, the rights and interests of entities that fit neither with the state nor the individual are treated as fluid and subjective, often existing without clarity in the current legal framework. The Rights of Groups focuses on a series of specific examples to argue that a more refined concept of culture than has been employed by American courts could offer better ways to analyze a broad range of cases that employ the notion of community.Through an original reading of the Ninth Amendment, Lawrence Rosen illustrates how a constitutional consideration for group protections might be applied to decisions arising before the Supreme Court, including the decision to overturn Roe v. Wade. Similarly, in other chapters, Rosen shows how a revised theory of culture can change the concepts—including those of “community”—that courts currently apply, whether it is the application of indigenous concepts of value to revise the statutes governing intellectual property, the importance to native peoples that burial remains be returned to the group, the role a community can play in the responsibilities attendant on the prudent investor rule, the cultural organization of Western states’ water resources, or the implementation of a new basis for group defamation suits. The book thus concludes with a call for a more sophisticated concept of culture that can sharpen our usage of the legitimate rights and interests of those entities that fit neither with the state nor the individual.
The Rights of Persons with Disabilities Bill-2016
by Govt Of IndiaThe Rights of Persons with Disabilities Bill-2016
The Rights of Unaccompanied Minors: Perspectives and Case Studies on Migrant Children (Clinical Sociology: Research and Practice)
by Yvonne Vissing Sofia LeitãoThis volume explores the various challenges faced by migrant unaccompanied children, using a clinical sociological approach and a global perspective. It applies a human rights and comparative framework to examine the reception of unaccompanied children in European, North American, South American, Asian and African countries. Some of the important issues the volume discusses are: access of displaced unaccompanied children to justice across borders and juridical contexts; voluntary guardianship for unaccompanied children; the diverse but complementary needs of unaccompanied children in care, which if left unaddressed can have serious implications on their social integration in the host societies; and the detention of migrant children as analyzed against the most recent European and international human rights law standards. This is a one-of-a-kind volume bringing together perspectives from child rights policy chairs across the world on a global issue. The contributions reflect the authors’ diverse cultural contexts and academic and professional backgrounds, and hence, this volume synthesizes theory with practice through rich firsthand experiences, along with theoretical discussions. It is addressed not only to academics and professionals working on and with migrant children, but also to a wider, discerning public interested in a better understanding of the rights of unaccompanied children.
The Rights of Women
by Namita Luthra Emily J. Martin Lenora M. LapidusThe Rights of Women is a comprehensive guide that explains in detail the rights of women under present U.S. law, and how these laws can be used in the continuing struggle to achieve full gender equality at home, in the workplace, at school, and in society at large. The Rights of Women explores the concept of equal protection and covers topics including employment, education, housing, and public accommodations. This handbook also examines the specific issues of trafficking, violence against women, welfare reform, and reproductive freedom.Using a straightforward question-and-answer format while translating the law into accessible language, this volume is a tool for individuals, lawyers, and advocates seeking to assert women's rights under the law.Now in its fully revised and updated fourth edition, The Rights of Women is an invaluable guide to finding legal solutions to the most pressing issues facing women today.
The Rights of Women in Comparative Constitutional Law
by Irene Spigno Valentina Rita Scotti Janaína Lima Penalva da SilvaThrough a comparative analysis involving 13 countries from Africa, America, Asia and Europe, this book provides an invaluable assessment of women’s equality at the global level. The work focuses on formal constitutional provisions as well as the substantial level of protection women’s equality has achieved in the systems analysed. The investigations look at the relevant gender-related legislation, the participation of women in the institutional arena and the constitutional interpretation made by constitutional justice on gender issues. Furthermore, the book highlights women’s contributions in their roles as judges, parliamentarians, activists and academics, thus increasing the visibility of their participation in the public sphere. The work will be of interest to academics, researchers and policy-makers working in the areas of Constitutional Law, Comparative Law, Human Rights Law and Women’s and Gender Studies.
The Rights of the Child in a Changing World
by Olga Cvejić JančićThis book deals with the implementation of the rights of the child as enshrined in the Convention on the Rights of the Child in 21 countries from Europe, Asia, Australia, and the USA. It gives an overview of the legal status of children regarding their most salient rights, such as the implementation of the best interest principle, the right of the child to know about of his/her origin, the right to be heard, to give medical consent, the right of the child in the field of employment, religious education of children, prohibition of physical punishment, protection of the child through deprivation of parental rights and in the case of inter-country adoption. In the last 25 years since the Convention on the Rights of the Child was adopted, many States Parties to the Convention have made great efforts to pass legislation regulating the rights of the child, in their commitment to the improvement of the legal status of the child. However, is that enough for any child to live better, safer, and healthier? What are the practical effects of this international as well as many national instruments in the everyday life of children? Have there been any outcomes in terms of improvement of their status around the world, and improvement of the conditions under which they live, since the Convention entered into force? In tackling these questions, this work presents a comparative overview of the implementation of the Convention, and evaluates the results achieved.