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Human Rights and Gender Politics: Asia-Pacific Perspectives (Routledge Advances In Asia-pacific Studies #Vol. 5)
by Vera Mackie Martha Macintyre Anne-Marie Hilsdon Maila StivensFirst Published in 2004. Routledge is an imprint of Taylor & Francis, an informa company.
Human Rights and Incarceration: Critical Explorations (Palgrave Studies in Prisons and Penology)
by Elizabeth StanleyThis collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or ‘non-citizens’. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.
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 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 Search For Community
by Rhoda E. Howard-hassmannSome critics contend that the concept of universal human rights reflects the West's anticommunitarian, self-centreed individualism, which disproportionately focuses on individual autonomy. In this book Rhoda Howard-Hassmann refutes this claim, arguing instead that communities can exist in modern Western societies if they protect the whole spectrum of individual human rights, not only civil and political but also economic rights.Howard-Hassmann supports the case for the universality of human rights by showing community to be inherent in and essential to the realization of universal human rights. She makes an original contribution to the study of universal human rights through her review of those types of communitarian thought that underlie cultural relativist attacks on human rights. Howard-Hassmann defends individual rights against conservative and leftist communitarian challenges emanating from both the Western world and the Third World. Exploring conservative viewpoints, she examines traditionalists of the Third World,focusing on African and Muslim traditionalist schools, as well as reactionary conservatives of the Western world. Howard-Hassmann then looks at challenges from the left, including collectivists, who see universal human rights as the products of cultural imperialism or capitalist exploitation, and status radicals, such as feminists or black activists, who are critics of liberalism.Howard-Hassmann also criticizes what she dubs radical capitalism" or social minimalism," the idea that there is a very narrow range of true human rights, including the right to property, and that citizens are responsible for no one but themselves. A community, in Howard-Hassmann's view, is a group of people who all feel a sense of obligation to all others in the group. For a community to work in the modern world, everyone must be treated equally, enjoy societal respect, and be able to act autonomously in her or his everyday decisionmaking.
Human Rights and Social Equality: Social Work-Social Development Volume I
by Sven HessleThe mission of the social work profession and the development of social policy are rooted in a set of core values and are the foundation of social work’s unique purpose and perspective. Human rights offer a normative base for social work and for the formation of inclusive social policies. This informative and incisively written edited collection brings together experts from around the world to explore the tension between a normative and a political base of social work and social development and, therefore, to address the question: How can social work and social policies contribute in the endeavor to respect, protect and fulfill human rights? This volume will show that there is no straightforward answer to this question owing to the clash between different sociocultural and local conditions and demands for universal human rights.
Human Rights and Social Justice: Key Issues and Vulnerable Populations
by Carole Cox Tina MaschiHuman Rights and Social Justice: Key Issues and Vulnerable Populations is a comprehensive text that focuses on central issues of human rights and justice and links them directly with social work competencies and practice. Drawing attention to oppression and multiple forms of disadvantage and discrimination based on a person’s identity and social location, this volume develops an integrated framework to advance human rights and social, economic, and environmental justice with vulnerable populations and communities across all three levels of practice. Each chapter, written by leading scholars in their respective fields, is designed to enhance students’ awareness, knowledge, and understanding of key theories and issues related to diversity, human rights, and equity. Broken into sections providing theory, practice, and case study illustrations, the chapters will first explain and argue that each person, regardless of their position in society, has basic human rights. Students will then see how these knowledges translate into practice through clear and engaging cases that reinforce skills and behaviors that social workers may use to advocate for human rights and ensure that they are distributed equitably and without prejudice. Providing a broad overview of social justice and rights-based challenges and connecting theory to the profession’s core competencies, this book is an excellent companion for social work students and faculty engaged in foundation and advanced courses in practice with individuals, groups, and communities and diversity and oppression.
Human Rights and Social Justice: Social Action and Service for the Helping and Health Professions
by Dr Joseph M. WronkaOffering a unique perspective that views human rights as the foundation of social justice, Joseph Wronka’s groundbreaking Human Rights and Social Justice outlines human rights and social justice concerns as a powerful conceptual framework for policy and practice interventions for the helping and health professions. This highly accessible, interdisciplinary text urges the creation of a human rights culture as a “lived awareness” of human rights principles, including human dignity, nondiscrimination, civil and political rights, economic, social, and cultural rights, and solidarity rights. The Second Edition includes numerous social action activities and questions for discussion to help scholars, activists, and practitioners promote a human rights culture and the overall well-being of populations across the globe.
Human Rights and Social Justice: Social Action and Service for the Helping and Health Professions
by Dr Joseph M. WronkaOffering a unique perspective that views human rights as the foundation of social justice, Joseph Wronka’s groundbreaking Human Rights and Social Justice outlines human rights and social justice concerns as a powerful conceptual framework for policy and practice interventions for the helping and health professions. This highly accessible, interdisciplinary text urges the creation of a human rights culture as a “lived awareness” of human rights principles, including human dignity, nondiscrimination, civil and political rights, economic, social, and cultural rights, and solidarity rights. The Second Edition includes numerous social action activities and questions for discussion to help scholars, activists, and practitioners promote a human rights culture and the overall well-being of populations across the globe.
Human Rights and Social Work: Towards Rights-Based Practice
by Jim Ife Linda Briskman Karen SoldatićHuman Rights and Social Work: Towards Rights-Based Practice helps students and practitioners understand how human rights concepts underpin the social work profession and inform their practice. This book examines the three generations of human rights and the systems of oppression that prevent citizens from participating in society as equals. It explores a range of topics, from ethics and ethical social work practice, to deductive and inductive approaches to human rights, and global and local human rights discourses. The language, processes, structures and theories of social work that are fundamental to the profession are also discussed. This edition features case studies exploring current events, movements and human rights crises, including the Black Lives Matter movement, the Northern Territory Emergency Response, and homelessness among LGBTIQA+ young people. This edition is accompanied by online resources for both students and instructors. Human Rights and Social Work is an indispensable guide for social work students and practitioners.
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 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 as War by Other Means: Peace Politics in Northern Ireland (Pennsylvania Studies in Human Rights)
by Jennifer CurtisFollowing the 1998 peace agreement in Northern Ireland, political violence has dramatically declined and the region has been promoted as a model for peacemaking. Human rights discourse has played an ongoing role in the process but not simply as the means to promote peace. The language can also become a weapon as it is appropriated and adapted by different interest groups to pursue social, economic, and political objectives. Indeed, as violence still periodically breaks out and some ethnocommunal and class-based divisions have deepened, it is clear that the progression from human rights violations to human rights protections is neither inevitable nor smooth.Human Rights as War by Other Means traces the use of rights discourse in Northern Ireland's politics from the local civil rights campaigns of the 1960s to present-day activism for truth recovery and LGBT equality. Combining firsthand ethnographic reportage with historical research, Jennifer Curtis analyzes how rights discourse came to permeate grassroots politics and activism, how it transformed those politics, and how rights discourse was in turn transformed. This ethnographic history foregrounds the stories of ordinary people in Northern Ireland who embraced different rights politics and laws to conduct, conclude, and, in some ways, continue the conflict—a complex portrait that challenges the dominant postconflict narrative of political and social abuses vanquished by a collective commitment to human rights. As Curtis demonstrates, failure to critique the appropriation of rights discourse in the peace process perpetuates perilous conditions for a fragile peace and generates flawed prescriptions for other conflicts.
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 City: New York, San Francisco, Barcelona (Routledge Advances in Sociology)
by Michele GrigoloWe are used to thinking of human rights as a matter for state governments to deal with. Much less investigated is the question of what cities do with them, even though urban communities and municipalities have been discussing human rights for quite some time. In this volume, Grigolo borrows the concept of ‘the human rights city’ to invite us to think about a new urban utopia: a place where human rights strive to guide urban life. By turning the question of the meaning and use of human rights in cities into the object of critical investigation, this book tracks the genesis, institutionalisation and implementation of human rights in cities, focussing on New York, San Francisco and Barcelona. Touching also upon matters such as women’s rights, LGBT rights and migrant rights, The Human Rights City emphasises how human rights can serve urban justice but also a neoliberal practice of the city. This book is a useful resource for scholars and students interested in fields such as Sociology of Human Rights, Sociology of Law, International Law, Urban Sociology, Political Sociology and Social Policies.
Human Rights Discourse in North Korea: Post-Colonial, Marxist and Confucian Perspectives (Routledge Advances in Korean Studies)
by Jiyoung SongThis unique book examines the conceptual development of human rights in North Korea from historical, political and cultural perspectives. Dr Jiyoung Song explains how North Korea has understood the concepts of human rights in its public documents since its independence from Japan in 1945. Through active campaigns and international criticism, foreign governments and non-governmental organisations outside North Korea have made numerous allegations of human rights violations. On the other hand, the efforts to engage with North Korea in order to improve the human rights situation through humanitarian assistance and to understand how North Koreans interpret human rights are often overshadowed by "naming and shaming" and "push-until-it-collapses" approaches. Using close readings and analyses of the collected works of Kim Il Sung and Kim Jong Il, North Korea’s official newspaper, Rodong Sinmun, as well interviews with North Korean defectors and diplomats in South Korea, China and Europe, Dr Song gives thought-provoking and highly debatable accounts for the historically post-colonial, politically Marxist and culturally Confucian elements of North Korean rights thinking. As a piece of research on a nation shrouded in mystery this book will be essential reading for anyone researching human rights issues, Asian politics and international relations.
Human Rights During the COVID-19 Pandemic: The South Asian Experience
by M. Ehteshamul Bari Uday ShankarThis book sheds light on the fact that the proclamation of an emergency can be a legitimate constitutional method to take prompt preventative measures in protecting the interests of the society in times of grave crises. However, the exercise of emergency powers should not undermine a nation’s commitment to democratic values, such as maintaining the rule of law and upholding fundamental human rights. The COVID-19 pandemic has posed grave threats to the lives and health of individuals. However, since the constitutions of South Asian nations do not permit the proclamation of an emergency on health grounds, executives of these nations were constrained to rely, among other things, on ordinary legislation to tide over the threats posed by the pandemic. Although these statutes entrust the executive with extensive emergency powers, they do not simultaneously stipulate any safeguards subjecting the exercise of such powers to a reliable system of checks and balances. Accordingly, this book critically examines the exercise of emergency powers in the South Asian nations to tide over threats posed by the COVID-19 pandemic, which had a profoundly adverse impact on the human rights of individuals. Such exercise of powers was consistent with the general tendency demonstrated by succeeding generations of the executives in these nations to use emergency situations as the convenient means for imposing long-lasting limitations on the rights of individuals. Consequently, this book identifies the flaws, deficiencies, and lacunae of the legal framework in these nations, which permit the executive to assume unfettered power in the exercise of emergency measures at the expense of the liberty of individuals. Consequently, based on these findings, recommendations will be put forward for initiating reforms in these nations aimed at ensuring the maintenance of a delicate balance between the necessity to respond tograve threats and to simultaneously prevent undue intrusion on the fundamental human rights of individuals.
Human Rights for Refugees and Other Marginalised Persons: A Midrash Methodology
by Devorah WainerThis book provides a new framework for conducting qualitative research into Asylum Seeking Refugees based on Emmanuel Levinas’ ethic of the face-to-face encounter. The methodology originates in the term Midrash—a narrative form that exposes; investigates; searches. It reconceptualises encounters between Asylum Seeking Refugees and those researching their experiences in a manner that moves beyond the possibility of ‘Othering’ and the removal of ‘voice’ that can characterise research into refugees. This methodology allows a complex and rich multidimensional text, with heterogeneity of voices, experiences, and subjects. As a phenomenological method of research, the internal phenomena of the researcher—feeling, intuition, and personal perception—are legitimate sites of knowledge and understanding, and are not considered separate from the external, objectively observable world. While the researcher is not researching herself, she is also not separate from the research field and data. The Midrash methodology is an honest and explicit method of research designed to (re)invigorated the passion of academics and researchers.
Human Rights for the 21st Century: Foundation for Responsible Hope
by Peter Juviler Bertram Gross Vladimir Kartashkin Elena Lukasheva Stanley KatzLeading specialists and activists from Russia and the USA join, in this volume, to offer a searching assessment of human rights in their own countries and in the world at large. They reflect on past history, present problems associated with system breakdown and decline, and the obstacles and opportunities on the way to the realisation of human rights in this uncertain post-Cold War era and the millennium that is now dawning. The participants in the discussions detailed here include Yelena Bonner, Viktor Chkhikvadze, Norman Dorsen, Riane Eisler, David Forsythe, Paula Garb, Charles Henry, Susan Heuman, Irina Lediakh, Vladimir Kudriavtsev, Pavel Litvinov, Richard Schifter, Henry Shue, Evgenii Skripilev, Vladimir Vlashihin, Oleg Vorobiev and the editors.
Human Rights in Armed Conflict: Law, Practice, Policy
by Gerd OberleitnerIt is now widely accepted that international human rights law applies in situations of armed conflict alongside international humanitarian law, but the contours and consequences of this development remain unclear. This book revisits, organizes and contextualizes the debate on human rights in armed conflict and explores the legal challenges, operational consequences and policy implications of resorting to human rights in situations of inter- and intra-state violence. It presents the benefits and the drawbacks of using international human rights law alongside humanitarian law and discusses how the idea, law and policy of human rights influence the development of the law of armed conflict. Based on legal theory, policy analysis, state practice and the work of human rights bodies it suggests a human rights-oriented reading of the law of armed conflict as feasible and necessary in response to the changing character of war.
Human Rights in Asia: A Comparative Legal Study of Twelve Asian Jurisdictions, France and the USA (Routledge Law in Asia #Vol. 2)
by Randall Peerenboom Albert H. Y. Chen Carole J. PetersenHuman Rights in Asia considers how human rights are viewed and implemented in Asia. It covers not just civil and political rights, but also social, economic and cultural rights. This study discusses the problems arising from the fact that ideas of human rights have evolved in Western liberal democracies and examines how far such values are compatible with Asian values and applicable in Asian contexts. Core chapters on France and the USA provide a benchmark on how human rights have emerged and how they are applied and implemented in a civil law and a common law jurisdiction. These are then followed by twelve chapters on the major countries of East Asia plus India, each of which follows a common template to consider the context of the legal system in each country, black letter law, legal discussions and debates and key current issues concerning human rights in each jurisdiction.