Many governments face similar pressures surrounding the hotly debated topic of immigration. Yet, the disparate ways in which policy makers respond is striking. The Comparative Politics of Immigration explains why democratic governments adopt the immigration policies they do. Through an in-depth study of immigration politics in Germany, Canada, Switzerland, and the United States, Antje Ellermann examines the development of immigration policy from the postwar era to the present. The book presents a new theory of immigration policymaking grounded in the political insulation of policy makers. Three types of insulation shape the translation of immigration preference into policy: popular insulation from demands of the unorganized public, interest group insulation from the claims of organized lobbies, and diplomatic insulation from the lobbying of immigrant-sending states. Addressing the nuances in immigration reforms, Ellermann analyzes both institutional factors and policy actors' strategic decisions to account for cross-national and temporal variation.

This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of 'old age' to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in 'old age' are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.

This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.

In a global economy, multinational companies often operate in jurisdictions where governments are either unable or unwilling to uphold even the basic human rights of their citizens. The expectation that companies respect human rights in their own operations and in their business relationships is now a business reality that corporations need to respond to. Business and Human Rights: From Principles to Practice is the first comprehensive and interdisciplinary textbook that addresses these issues. It examines the regulatory framework that grounds the business and human rights debate and highlights the business and legal challenges faced by companies and stakeholders in improving respect for human rights, exploring such topics as: the regulatory framework that grounds the business and human rights debate challenges faced by companies and stakeholders in improving human rights industry-specific human rights standards current mechanisms to hold corporations to account future challenges for business and human rights With supporting case studies throughout, this text provides an overview of current themes in the field and guidance on practical implementation, demonstrating that a thorough understanding of the human rights challenges faced by business is now vital in any business context.

While nominally protected across Europe, the human rights of vulnerable migrants often fail to deliver their promised benefits in practice. This socio-legal study explores both the concrete expressions and possible causes of this persistent deficit. For this purpose, it presents an innovative multifaceted evaluation of selected judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to such complex questions as the protection of persons fleeing from indiscriminate violence, homosexual asylum seekers, the Dublin Regulation, and the externalisation of border control. Highlighting the demanding character of migrant rights, the book also discusses some steps that could be taken to improve the effectiveness of Europe's supranational human rights system including changes in judicial and litigation practice as well as a reconceptualization of human rights as existential commitments.

Through case studies from Australia, Europe and the US, this book explores how emotion is central to understanding the formation of immigration policy. The author looks beyond the 'negative' emotions of fear and hostility to examine the politics of compassion in immigration and asylum policy discourse.

The term 'civil rights' has such a familiar presence in discussions about American politics and law that we tend to use it reflexively and intuitively, but rarely do we stop to think about what exactly we mean when we use the term and why certain uses strike us as right or wrong. In this book, Professor Christopher W. Schmidt tells the story of how Americans have fought over the meaning of civil rights from the Civil War through today. Through their struggles over what it means to live in a nation dedicated to protecting civil rights, each generation has given the label new life and new meaning. Civil Rights in America shows how the words we use to understand our world become objects of contestation and points of leverage for social, political, and legal action.

This monograph offers a longitudinal analysis of the developments in the European fundamental rights arena during the last decade. Decisions of critical importance on the future of the EU need to be taken by the EU institutions and the Member States' governments. The 'existential' crisis affecting Europe is essentially a crisis of values revealing a lack of shared vision. Based on this premise, this monograph contributes to the debate on how to overcome the current impasse. By situating the analysis of the EU in the context of a wider Europe, which includes the ECHR (and its interpretation by the ECtHR), this work challenges the idea that the project of European integration should be abandoned. Instead it proposes a re-orientation of this process, conceptualised as a dynamic interaction of different actors, sources and laws on fundamental rights within the wider Europe. Following an evaluation of the current fundamental rights' regimes, the monograph proposes a model of effective governance of fundamental rights in Europe based on the doctrines of dialogical constitutionalism and agency. This original and innovative contribution is enriched by findings from British Academy funded research on the European architecture of fundamental rights post-Lisbon Treaty.

The term 'civil rights' has such a familiar presence in discussions about American politics and law that we tend to use it reflexively and intuitively, but rarely do we stop to think about what exactly we mean when we use the term and why certain uses strike us as right or wrong. In this book, Professor Christopher W. Schmidt tells the story of how Americans have fought over the meaning of civil rights from the Civil War through today. Through their struggles over what it means to live in a nation dedicated to protecting civil rights, each generation has given the label new life and new meaning. Civil Rights in America shows how the words we use to understand our world become objects of contestation and points of leverage for social, political, and legal action.

What are citizens of a free country willing to tolerate in the name of public safety? Jon Fasman journeys from the US to London - one of the most heavily surveilled cities on earth - to China and beyond, to expose the legal, political, and moral issues surrounding how the state uses surveillance technology. Automatic licence-plate readers allow police to amass a granular record of where people go, when, and for how long. Drones give the state eyes - and possibly weapons - in the skies. Algorithms purport to predict where and when crime will occur, and how big a risk a suspect has of reoffending. Specially designed tools can crack a device's encryption keys, rending all privacy protections useless. And facial recognition technology poses perhaps a more dire and lasting threat than any other form of surveillance. Jon Fasman examines how these technologies help police do their jobs, and what their use means for our privacy rights and civil liberties, exploring vital questions, such as: Should we expect to be tracked and filmed whenever we leave our homes? Should the state have access to all of the data we generate? Should private companies? What might happen if all of these technologies are combined and put in the hands of a government with scant regard for its citizens' civil liberties? Through on-the-ground reporting and vivid storytelling, Fasman explores one of the most urgent issues of our time.

In the last two decades, human rights law has played an expanding role in the legal regulation of wartime conduct. In the process, human rights law and international humanitarian law have developed a complicated sibling relationship. For some, this relationship is viewed as a mutually reinforcing effort between like-minded regimes designed to civilize human behavior. For others, the relationship is a more complicated sibling rivalry. In this book, an unparalleled collection of legal theorists examine the relationship between these two bodies of law. Each chapter skilfully maps the possibilities of harmonization while, at the same time, raising cautionary flags about the limits of that project. The authors not only chart the existing state of the law, but also debate the normative implications of the continuing influence of human rights norms on current practices including torture, targeted killings, the conduct of non-international armed conflicts, and post-war state building.

Advocates within the growing field of children's rights have designed dynamic campaigns to protect and promote children's rights. This expanding body of international law and jurisprudence, however, lacks a core text that provides an up-to-date look at current children's rights issues, the evolution of children's rights law, and the efficacy of efforts to protect children. Campaigning for Children focuses on contemporary children's rights, identifying the range of abuses that affect children today, including early marriage, female genital mutilation, child labor, child sex tourism, corporal punishment, the impact of armed conflict, and access to education. Jo Becker traces the last 25 years of the children's rights movement, including the evolution of international laws and standards to protect children from abuse and exploitation. From a practitioner's perspective, Becker provides readers with careful case studies of the organizations and campaigns that are making a difference in the lives of children, and the relevant strategies that have been successful-or not. By presenting a variety of approaches to deal with each issue, this book carefully teases out broader lessons for effective social change in the field of children's rights.

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

With the decline of public funding and new strategies pursued by interest groups, foreign private foundations and donors have become growing contributors to the European human rights justice system. These groups have created their own litigation teams, have increasingly funded NGOs litigating the European Courts, and have contributed to the content and supervision of the European judgements, which all have direct effects on the growth and procedure of human rights. European Human Rights Justice and Privatisation analyses the impacts of this private influence and the resultant effects on international relations between states, including the orientation of European jurisprudence towards Eastern countries and the promotion of private and neo-liberal interests. This book looks at the direct and indirect threat of this private influence on the independency of the European justice and on the protection of human rights in Europe.

Written by a respected authority on human rights and public health, this book delivers an in-depth review of the challenges of neoliberal models and policies for realizing the right to health. The author expertly explores the integration of social determinants into the right to health along with the methodologies and findings of social medicine and epidemiology. The author goes on to challenge the way that health care is currently provided and makes the case that achieving universal health coverage will require fundamental health systems reforms.

Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.

This book examines the right to be forgotten and finds that this right enjoys recognition mostly in jurisdictions where privacy interests impose limits on freedom of expression. According to its traditional understanding, this right gives individuals the possibility to preclude the media from revealing personal facts that are no longer newsworthy, at least where no other interest prevails. Cases sanctioning this understanding still abound in a number of countries. In today's world, however, the right to be forgotten has evolved, and it appears in a more multi-faceted way. It can involve for instance also the right to access, control and even erase personal data. Of course, these prerogatives depend on various factors and competing interests, of both private and public nature, which again require careful balancing. Due to ongoing technological evolution, it is likely that the right to be forgotten in some of its new manifestations will become increasingly relevant in our societies.

Drawing explicit lines, across time and a broad spectrum of violent acts, to provide the definitive field guide for understanding and opposing white supremacy in America Hate, racial violence, exclusion, and racist laws receive breathless media coverage, but such attention focuses on distinct events that gain our attention for twenty-four hours. The events are presented as episodic one-offs, unfortunate but uncanny exceptions perpetrated by lone wolves, extremists, or individuals suffering from mental illness-and then the news cycle moves on. If we turn to scholars and historians for background and answers, we often find their knowledge siloed in distinct academic subfields, rarely connecting current events with legal histories, nativist insurgencies, or centuries of misogynist, anti-Black, anti-Latino, anti-Asian, and xenophobic violence. But recent hateful actions are deeply connected to the past-joined not only by common perpetrators, but by the vast complex of systems, histories, ideologies, and personal beliefs that comprise white supremacy in the United States. Gathering together a cohort of researchers and writers, A Field Guide to White Supremacy provides much-needed connections between violence present and past. This book illuminates the career of white supremacist and patriarchal violence in the United States, ranging across time and impacted groups in order to provide a working volume for those who wish to recognize, understand, name, and oppose that violence. The Field Guide is meant as an urgent resource for journalists, activists, policymakers, and citizens, illuminating common threads in white supremacist actions at every scale, from hate crimes and mass attacks to policy and law. Covering immigration, antisemitism, gendered violence, lynching, and organized domestic terrorism, the authors reveal white supremacy as a motivating force in manifold parts of American life. The book also offers a sampling of some of the most recent scholarship in this area in order to spark broader conversations between journalists and their readers, teachers and their students, and activists and their communities. A Field Guide to White Supremacy will be an indispensable resource in paving the way for politics of alliance in resistance and renewal.

In this book the author argues that judicial activism in respect of the protection of human rights and dignity and the right to due process is an essential element of the democratic rule of law in a constitutional democracy as opposed to being 'judicial overreach'. Selected recent case law is explored from the US and Canadian Supreme Courts as well as the European Court of Human Rights illustrating that these Courts have, at times, engaged in judicial activism in the service of providing equal protection of the law and due process to the powerless but have, on other occasions, employed legalistic but insupportable strategies to sidestep that obligation.The book will be of interest to those with a deep concern regarding the factors that influence judicial decision-making and the judiciary's role through judgments in promoting and preserving the underpinnings of democracy. This includes legal researchers, the judiciary, practicing counsel and legal academics and law students as well as those in the area of democracy studies, in addition to scholars in the fields of sociology and philosophy of law.

The work at hand for bridging the racial divide in the United States From Baltimore and Ferguson to Flint and Charleston, the dream of a post-racial era in America has run up against the continuing reality of racial antagonism. Current debates about affirmative action, multiculturalism, and racial hate speech reveal persistent uncertainty and ambivalence about the place and meaning of race - and especially the black/white divide - in American culture. They also suggest that the work of racial reconciliation remains incomplete. Racial Reconciliation and the Healing of a Nation seeks to assess where we are in that work, examining sources of continuing racial antagonism among blacks and whites. It also highlights strategies that promise to promote racial reconciliation in the future. Rather than revisit arguments about the importance of integration, assimilation, and reparations, the contributors explore previously unconsidered perspectives on reconciliation between blacks and whites. Chapters connect identity politics, the rhetoric of race and difference, the work of institutions and actors in those institutions, and structural inequities in the lives of blacks and whites to our thinking about tolerance and respect. Going beyond an assessment of the capacity of law to facilitate racial reconciliation, Racial Reconciliation and the Healing of a Nation challenges readers to examine social, political, cultural, and psychological issues that fuel racial antagonism, as well as the factors that might facilitate racial reconciliation.

Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While information on privacy topics is freely available, it can be diffcult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to Data Privacy Law comes into its own - identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society. This fourth revised edition reflects significant changes to data privacy law since 2017 such as the entering into force of the EU General Data Protection Regulation, as well as the challenges companies face with respect to data monetization, cloud adoption and the Internet of Things. With data privacy law enforcement at an all time high, readers will benefit from this introduction to key data privacy concepts and the useful practical guidance on starting, maintaining and auditing compliance programs. Step-by-step direction on drafting privacy documentation is provided, with 'how-to' suggestions for tackling other tasks and projects. Finally, the book offers an A-Z list of hot topics, organized by commonly used words and terms. This should be on the desk and in the briefcase of every compliance officer and corporate counsel. New to this Edition: updated guidance based on EU GDPR enforcement, the California Consumer Privacy Act, the CLOUD Act and other new laws in-depth discussion of pros and cons of cross-border transfer compliance mechanisms trends, tips and terms for contracts roadmap for addressing data subject access and deletion rights checklists for marketing and data monetization programs guidance for impact assessments and accountability documentation information relating to hot topics in privacy such as clinical trials, artificial intelligence, connected cars risk mitigation suggestions for product manufacturers Key Features: A-Z of data privacy provides snapshot of key topics practical guide to starting, maintaining and auditing privacy compliance programs glossaries of key acronyms and terms help the user to navigate through the field sample documentation and checklists to ensure the clearest possible guidance advice on drafting documentation and tools to complete an end-to-end process concise overview of the practical requirements of data privacy compliance worldwide clear structure facilitates quick reference.

This book examines how face recognition technology is affecting privacy and confidentiality in an era of enhanced surveillance. Further, it offers a new approach to the complex issues of privacy and confidentiality, by drawing on Joseph K in Kafka's disturbing novel The Trial, and on Isaiah Berlin's notion of liberty and freedom. Taking into consideration rights and wrongs, protection from harm associated with compulsory visibility, and the need for effective data protection law, the author promotes ethical practices by reinterpreting privacy as a property right. To protect this right, the author advocates the licensing of personal identifiable images where appropriate. The book reviews American, UK and European case law concerning privacy and confidentiality, the effect each case has had on the developing jurisprudence, and the ethical issues involved. As such, it offers a valuable resource for students of ethico-legal fields, professionals specialising in image rights law, policy-makers, and liberty advocates and activists.

Voting rights are a perennial topic in American politics. Recent elections and the Supreme Court's decision in Shelby County v. Holder, which struck down key enforcement provisions in the Voting Rights Act (VRA), have only placed further emphasis on the debate over voter disenfranchaisement. Over the past five decades, both Democrats and Republicans in Congress have consistently voted to expand the protections offered to vulnerable voters by the Voting Rights Act. And yet, the administration of the VRA has become more fragmented and judicial interpretation of its terms has become much less generous. Why have Republicans consistently adopted administrative and judicial decisions that undermine legislation they repeatedly endorse? Ballot Blocked shows how the divergent trajectories of legislation, administration, and judicial interpretation in voting rights policymaking derive largely from efforts by conservative politicians to narrow the scope of federal enforcement while at the same time preserving their public reputations as supporters of racial equality and minority voting rights. Jesse H. Rhodes argues that conservatives adopt a paradoxical strategy in which they acquiesce to expansive voting rights protections in Congress (where decisions are visible and easily traceable) while simultaneously narrowing the scope of federal enforcement via administrative and judicial maneuvers (which are less visible and harder to trace). Over time, the repeated execution of this strategy has enabled a conservative Supreme Court to exercise preponderant influence over the scope of federal enforcement.