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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > Citizenship & nationality law
In an age of smartphones, Facebook and YouTube, privacy may seem to be a norm of the past. This book addresses ethical and legal questions that arise when media technologies are used to give individuals unwanted attention. Drawing from a broad range of cases within the US, UK, Australia, Europe, and elsewhere, Mark Tunick asks whether privacy interests can ever be weightier than society's interest in free speech and access to information. Taking a comparative and interdisciplinary approach, and drawing on the work of political theorist Jeremy Waldron concerning toleration, the book argues that we can still have a legitimate interest in controlling the extent to which information about us is disseminated. The book begins by exploring why privacy and free speech are valuable, before developing a framework for weighing these conflicting values. By taking up key cases in the US and Europe, and the debate about a 'right to be forgotten', Tunick discusses the potential costs of limiting free speech, and points to legal remedies and other ways to develop new social attitudes to privacy in an age of instant information sharing. This book will be of great interest to students of privacy law, legal ethics, internet governance and media law in general.
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.
Examining contested notions of indigeneity, and the positioning of the Indigenous subject before and beyond the law, this book focuses upon the animation of indigeneities within textual imaginaries, both literary and juridical. Engaging the philosophy of Jacques Derrida and Walter Benjamin, as well as other continental philosophy and critical legal theory, the book uniquely addresses the troubled juxtaposition of law and justice in the context of Indigenous legal claims and literary expressions, discourses of rights and recognition, postcolonialism and resistance in settler nation states, and the mutually constitutive relation between law and literature. Ultimately, the book suggests no less than a literary revolution, and the reassertion of Indigenous Law. To date, the oppressive specificity with which Indigenous peoples have been defined in international and domestic law has not been subject to the scrutiny undertaken in this book. As an interdisciplinary engagement with a variety of scholarly approaches, this book will appeal to a broad variety of legal and humanist scholars concerned with the intersections between Indigenous peoples and law, including those engaged in critical legal studies and legal philosophy, sociolegal studies, human rights and native title law.
Border enforcement is a core element of the Department of Homeland Security's effort to control unauthorised migration, with the U.S. Border Patrol (USBP) within the U.S. Customs and Border Protection (CBP) as the lead agency along most of the border. Border enforcement has been an ongoing subject of congressional interest since the 1970s, when illegal immigration to the United States first registered as a serious national problem; and border security has received additional attention in the years since the terrorist attacks of 2001. This book reviews efforts to combat unauthorised migration across the Southwest border in the nearly three decades since IRCA initiated the modern era in migration control. In reviewing such efforts, the book takes stock of the current state of border security and considers lessons that may be learned about enhanced enforcement at U.S. borders. Furthermore, the title discusses key statutory authorities and requirements governing DHS's construction of barriers along the U.S. borders. It also includes appendixes listing federal laws that have been waived by DHS in furtherance of border construction projects.
We 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.
The ability to remove foreign nationals (aliens) who violate U.S. immigration law is central to the immigration enforcement system. Some lawful migrants violate the terms of their admittance, and some aliens enter the United States illegally, despite U.S. immigration laws and enforcement. This book provides an overview of removing foreign nationals from the United States. It discusses immigration policies and issues on health-related grounds for exclusion; terrorist grounds for exclusion and removal of aliens; and the consequences of criminal activity for immigrants.
This book challenges the common European notions about African migration to Europe and offers a holistic understanding of the current situation in Africa. It advocates a need to rethink Africa-Europe relations and view migration and borders as a resource rather than sources of a crisis. Migrant movement from Africa is often misunderstood and misrepresented as invasion caused by displacement due to poverty, violent conflict and environmental stress. To control this movement and preserve national identities, the EU and its various member states resort to closing borders as a way of reinforcing their migration policies. This book aims to dismantle this stereotypical view of migration from Africa by sharing cutting-edge research from the leading scholars in Africa and Europe. It refutes the flawed narratives that position Africa as a threat to the European societies, their economies and security, and encourages a nuanced understanding of the root causes as well as the socioeconomic factors that guide the migrants' decision-making. With chapters written in a concise style, this book brings together the migration and border studies in an innovative way to delve into the broader societal impacts of both. It also serves to de-silence the African voices in order to offer fresh insights on African migration - a discourse dominated hitherto by the European perspective. This book constitutes a valuable resource for research scholars and students of Border Studies, Migration Studies, Conflict and Security Studies, and Development Studies seeking specialisation in these areas. Written in an accessible style, it will also appeal to a more general public interested in gaining a fuller perspective on the African reality.
Investigating a fast-developing field of public policy, Stephen Winter examines how states redress injuries suffered by young people in state care. Considering ten illustrative exemplar programmes from Australia, Canada, Ireland, and Aotearoa New Zealand, Winter explores how redress programmes attempt to resolve the anguish, injustice, and legacies of trauma that survivors experience. Drawing from interviews with key stakeholders and a rich trove of documentary research, this book analyses how policymakers should navigate the trade-offs that survivors face between having their injuries acknowledged and the difficult, often retraumatising, experience of attaining redress. A timely critical engagement with this contentious policy domain, Winter presents empirically driven recommendations and a compelling argument for participatory, flexible, and survivor-focussed programmes. This title is also available as Open Access on Cambridge Core.
This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups 'in between', different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples' right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.
With Brexit looming, a major issue facing UK Higher Education is whether the UK will be able to stay in the Erasmus Programme. This book sits at the intersection of three main interrelated themes - EU citizenship, the current state of the university in Europe, and student mobility - as they play out in the context of an EU funded programme established not least to promote European identity, European consciousness and European citizenship. Exploring through interviews with students from many countries, this book weaves together the themes of citizenship creation as a device for building a nation and a polity, the university as a public space in the era of the marketization of higher education, and communicative interaction as the mechanism by which citizenship is created. Ultimately it asks if the building bricks of national citizenship can be transposed to the transnational scale, and assist in creating the transnational, EU citizenship. It finds, surprisingly, that far from encouraging and facilitating the communicative interaction on which the development of EU citizenship was postulated, central features of the Erasmus Programme inadvertently work against this outcome. This book will be of key interest to scholars and students of EU law and European and EU studies, Citizenship Studies, sociology, and more broadly to higher education in general.
Human rights and their principles of interpretation are the leading legal paradigms of our time. Freedom of religion occupies a pivotal position in rights discourses, and the principles supporting its interpretation receive increasing attention from courts and legislative bodies. This book critically evaluates religious pluralism as an emerging legal principle arising from attempts to define the boundaries of freedom of religion. It examines religious pluralism as an underlying aspect of different human rights regimes and constitutional traditions. It is, however, the static and liberal shape religious pluralism has assumed that is taken up critically here. In order to address how difference is vulnerable to elimination, rather than recognition, the book takes up a contemporary ethics of alterity. More generally, and through its reconstruction of a more difference-friendly vision of religious pluralism, it tackles the problem of the role of rights in the era of diverse narratives of emancipation.
Situating privacy within the context of political philosophy, this book highlights the way in which struggles concerning the meaning of privacy have always been political. Different conceptions of privacy are here shown to involve diverse assumptions about ontology: our conceptions of self, culture, society and communication. Privacy theory's debt to Locke, Kant or Mill, and what is at stake in their conceptual frameworks, is examined. The extent to which the term "privacy" has been used to the detriment of - and to create - weaker parties in marriage, in the workplace and now as citizens (or non-citizens) and consumers, as well as employees, is also demonstrated. In contrast, Janice Richardson pursues the relevance of Floridi's philosophy of information, before turning to her application of Spinoza, the philosopher of communication, in order to outline a more useful framework through which to think about privacy today. The book will be of interest to those working in political philosophy, feminist philosophy, law, the philosophy of information, sociology, media, and cultural studies.
It is not often acknowledged that the great majority of African refugee movement happens within Africa rather than from Africa to the West. This book examines the specific characteristics and challenges of the refugee situation in Sub-Saharan Africa, offering a new and critical vision on the situation of asylum-seekers and refugees in the African continent. Cristiano d'Orsi considers the international, regional and domestic legal and institutional frameworks linked to refugee protection in Sub-Saharan Africa, and explores the contributions African refugee protection has brought to the cause on a global scale. Key issues covered in the book include the theory and the practice of non-refoulement, an analysis of the phenomenon of mass-influx, the concept of burden-sharing, and the role of freedom fighters. The book goes on to examine the expulsions of refugees and the historical role played by UNHCR in Sub-Saharan Africa. As a work which follows the persecution and legal challenges of those in search of a safe haven, this book will be of great interest and use to researchers and students of immigration and asylum law, international law, human rights, and African studies.
Each year, thousands of lesbian, gay, bisexual, transgender and intersex (LGBTI) asylum seekers apply for asylum in EU Member States.This book considers the position of LGBTI asylum seekers in European asylum law. Developing an encompassing approach to the topic, the book identifies and analyzes the main legal issues arising in relation to LGBTI people seeking asylum including: the underestimation of the relevance of criminalization of sexual orientation as well as the large scale violence against trans people in countries of origin by some European states; the requirement to seek State protection against violence even when they originate from countries where sexual orientation or gender identity is criminalized, or where the authorities are homophobic; the particular hurdles faced during credibility assessment on account of persisting stereotypes; and queer families and refugee law. The book gives a state of the art overview of law in Europe, both at the level of European legislation and at the level of Member State practice. While being largely focused on Europe, the book also takes into account asylum decisions from Australia, New Zealand, Canada, and the United States and is of relevance internationally, offering analysis of issues which are not specific to particular legal systems.
This book considers the issue of free speech in transitional democracies focusing on the socio-legal developments in the Czech Republic, Hungary, and Poland. In showing how these Central and Eastern European countries have engaged with free speech models imported from the Council of Europe / EU and the USA, the book offers valuable insights into the ways States have responded to challenges associated with transformation from communism to Western democracy. The book first explores freedom of expression in European and American law looking particularly at hate speech, historical revisionism, and pornography. It subsequently enquires into the role and perspectives of those European (mandatory) and US-American (persuasive) models for the constitutional debate in Central and Eastern Europe. The study offers an original interpretation of the "European" model of freedom of expression, beyond the mechanisms of the Council of Europe. It encompasses the relevant aspects of EU law (judgments of the Court of Justice and the harmonised EU instruments) as mandatory standards for courts and legislators, including those in transitional countries of Central and Eastern Europe. The book argues for de-criminalisation of historical revisionism and pornography, and illuminates topics such as genocide denial, the rise of Prague and Budapest as Europe's porno-capitals, anti-Semitism and anti-Gypsyism, religious obscurantism and homophobia, virulent Islamophobia, and the glorification of terrorism. The research methodology in this study combines a descriptive case law assessment (comparative constitutional, public international, and EU law) with a normative critique stemming from post-structuralist scrutiny, rhetoric, postmodern legal movements, legal history, history of ideas, and art criticism. This book will be of interest to students and scholars of, comparative constitutional law, law and society, human rights and European law as well as political philosophers.
This book describes the experiences of undocumented migrants, all around the world, bringing to life the challenges they face from the moment they consider leaving their country of origin, until the time they are deported back to it. Drawing on a broad array of academic studies, including law, interpretation and translation studies, border studies, human rights, communication, critical discourse analysis and sociology, Robert Barsky argues that the arrays of actions that are taken against undocumented migrants are often arbitrary, and exercised by an array of officials who can and do exercise considerable discretion, both positive and negative. Employing insights from a decade-long research project, Barsky also finds that every stop along the migrant's pathway into, and inside of, the host country is strewn with language issues, relating to intercultural communication, interpretation, gossip, hearsay, and the challenges of peddling of linguistic wares in the social discourse marketplace. These language issues are almost always impediments to anodyne or productive interactions with host country officials, particularly on the "front-lines" where migrants encounter border patrol and law enforcement officers without adequate means of communicating their situation or understanding their rights. Since undocumented people are categorized as 'illegal', they can be subjected to abuse and exploitation by host country officials, who can choose to either tolerate or punish them on the basis of unpredictable, changeable, and even illusory or "arbitrary" laws and regulations. Citing experts at every level of the undocumented immigrant apparatuses worldwide, from public defenders to interpreters, Barsky concludes that the only viable policy to address prevailing abuses and inequalities is to move towards open borders, an approach that would address prevailing issues and, surprisingly, provide security and economic benefits to both host and home countries.
Coercive Care asks probing and challenging questions regarding the use of coercion in health care and the social services. The book combines philosophical analysis with comparative studies of social policy and law in a large number of industrialized countries.
The highly anticipated U.S. Supreme Court decision in Fisher v. University of Texas placed a greater onus on higher education institutions to provide evidence supporting the need for affirmative action policies on their respective campuses. It is now more critical than ever that institutional leaders and scholars understand the evidence in support of race consideration in admissions as well as the challenges of the post-Fisher landscape. This important volume shares information documented for the Fisher case and provides empirical evidence to help inform scholarly conversation and institutions' decisions regarding race-conscious practices in higher education. With contributions from scholars and experts involved in the Fisher case, this edited volume documents and shares lessons learned from the collaborative efforts of the social science, educational, and legal communities. Affirmative Action and Racial Equity is a critical resource for higher education scholars and administrators to understand the nuances of the affirmative action legal debate and to identify the challenges and potential strategies toward racial equity and inclusion moving forward.
Hate speech law can be found throughout the world. But it is also the subject of numerous principled arguments, both for and against. These principles invoke a host of morally relevant features (e.g., liberty, health, autonomy, security, non-subordination, the absence of oppression, human dignity, the discovery of truth, the acquisition of knowledge, self-realization, human excellence, civic dignity, cultural diversity and choice, recognition of cultural identity, intercultural dialogue, participation in democratic self-government, being subject only to legitimate rule) and practical considerations (e.g., efficacy, the least restrictive alternative, chilling effects). The book develops and then critically examines these various principled arguments. It also attempts to de-homogenize hate speech law into different clusters of laws/regulations/codes that constrain uses of hate speech, so as to facilitate a more nuanced examination of the principled arguments. Finally, it argues that it is morally fitting for judicial and legislative judgments about the overall warrant of hate speech law to reflect principled compromise. Principled compromise is characterized not merely by compromise over matters of principled concern but also by compromise which is itself governed by ideals of moral duty or civic virtue (e.g., reciprocity, equality, and mutual respect). The Open Access version of this book, available at https://doi.org/10.4324/9781315714899, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
This book brings together scholars from various disciplines to explore current issues and trends in the rethinking of migration and citizenship from the perspective of three major immigrant democracies - Australia, Canada, and the United States. These countries share a history of pronounced immigration and emigration, extensive experience with diasporic and mobile communities, and with integrating culturally diverse populations. They also share an approach to automatic citizenship based on the principle of jus soli (as opposed to the traditionally common jus sanguinis of continental Europe), and a comparatively open attitude towards naturalization. Some of these characteristics are now under pressure due to the "restrictive turn" in citizenship and migration worldwide. This volume explores the significance of political structures, political agents and political culture in shaping processes of inclusion and exclusion in these diverse societies. This book was originally published as a special issue of Citizenship Studies.
Since the adoption of the UN Convention on the Rights of the Child (1989) children's rights have assumed a central position in a wide variety of disciplines and policies. This handbook offers an engaging overview of the contemporary research landscape for those people in the theory and practice of children's rights. The volume offers a multidisciplinary approach to children's rights, as well as key thematic issues in children's rights at the intersection of global and local concerns. The main approaches and topics within the volume are: * Law, social work, and the sociology of childhood and anthropology * Geography, childhood studies, gender studies and citizenship studies * Participation, education and health * Juvenile justice and alternative care * Violence against children and female genital mutilation * Child labour, working children and child poverty * Migration, indigenous children and resource exploitation The specially commissioned chapters have been written by renowned scholars and researchers and come together to provide a critical and invaluable guide to the challenges and dilemmas currently facing children's rights.
This book examines the changing demographic situation of Syrian refugees and the host community in Turkey, one of the major refugee hosting countries in the world, relying on a recent representative dataset. Conflicts and the resulting unrest force people to flee their countries and take refuge in foreign lands. Such refugee movements across the world have increased significantly in recent times. Turkey accounts for the greatest refugee population in the world today. This has drastically impacted the Turkish demographics, leading to different demographic situations in refugee communities in the country. This book presents an in-depth research on the impact of forced displacement on the demographic behaviour of Syrian refugees in Turkey in general, and more specifically the way transformed family structures, unregistered children, fertility behaviours and early marriages impacted their lives. The book also contributes to the existing knowledge and discourse on refugee integration by shedding light on their experiences related to access to labour market opportunities and education opportunities, wellbeing and mobility. It also helps in linking demography of Syrian community to the socio-economic challenges in Turkey by means of incorporating crucial demographic variables into the analysis. Offering valuable insights into various dimensions of life, this book has an interdisciplinary appeal and will thus be a key resource for academics and scholars of demography, refugee studies, migration studies and sociology. It will also be a valuable and unique reference work for people in governments, international agencies and non-governmental organizations.
The human rights issues in Japan are multifaceted. Over decades, domestic and international human rights organisations have raised concerns, but government obstinacy has meant there has been little progress. Recommendations of UN human rights bodies are routinely ignored, and statements by the government in the Japanese parliament regarding these recommendations have been dismissive. At the review of Japan's implementation of the International Covenant on Civil and Political Rights in 2014, Professor Nigel Rodley, then chair of the UN Human Rights Committee, lamented the lack of true engagement by Japan and the country's unwillingness to take any action on the conclusions of UN human rights bodies. Equally worrying is the clear trend over recent years of popular publications bashing neighbouring countries and their nationals living in Japan as well as UN human rights bodies. This book explores the issues surrounding human rights in Japan, and what the future might hold for the country.
Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan's governance problems. Following South Sudan's independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan's identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan's constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women's rights.
This book argues that the effective protection of fundamental rights in a contemporary, multicultural society requires not only tolerance and respect for others, but also an ethics of reciprocity and a pursuit of dialogue between different cultures of human rights. Nowadays, all cultures tend to claim an equitable arrangement that can be articulated in the terms of fundamental rights and in the multicultural organization of the State. Starting from the premise that every culture is and always was intercultural, this book elaborates a new, and more fundamentally, pluralist view of the relationship between rights and cultural identity. No culture is pure; from the perspective of an irreducible cultural contamination, this book argues, it is possible to formulate constitutional idea of diversity that is properly intercultural. This concept of intercultural constitutionalism is not, then, based on abstract principles, but nor is it bound to any particular cultural norm. Rather, intercultural constitutionalism allows the interpretation of rights, rules and legal principles, which are established in different contexts. |
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