This book sheds light on the complex experiences of asylum seekers and refugees in Poland, against a local backdrop of openly anti-refugee political narratives and strong opposition to sharing the responsibility for, and burden of, asylum seekers arriving in the EU. Through a multidimensional analysis, it highlights the processes of forced migrant admission, reception and integration in a key EU frontier country that has undergone a rapid migration status change from a transit to a host country. The book examines rich qualitative material drawn from interviews conducted with forced migrants with different legal statuses and with experts from public administration at the central and local levels, NGOs, and other institutions involved in migration governance in Poland. It discusses both opportunities for and limitations on forced migrants' adaptation in the social, economic, and political dimensions, as well as their access to healthcare, education, the labour market, and social assistance. This book will be of particular interest to scholars, students, policymakers, and practitioners in migration and asylum studies, social policy, public policy, international relations, EU studies/European integration, law, economics, and sociology.

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.

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.

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.

This book examines the rules governing the right to asylum in the European Union. Drawing on the 1951 United Nations Convention relating to the Status of Refugees, and the 1967 Protocol, Francesco Cherubini asks how asylum obligations under international refugee law have been incorporated into the European Union. The book draws from international law, EU law and the case law of the European Court of Human Rights, and focuses on the prohibition of refoulement; the main obligation the EU law must confront. Cherubini explores the dual nature of this principle, examining both the obligation to provide a fair procedure that determines the conditions of risk in the country of origin or destination, and the obligation to respond to a possible expulsion. Through this study the book sheds light on EU competence in asylum when regarding the different positions of Member States. The book will be of great use and interest to researchers and students of asylum and immigration law, EU law, and public international law.

The role of religion in various domains of the public sphere provokes much debate. One of the key areas where this debate is unfolding is in the secular workplace, where some employees strongly desire to express their religious beliefs in ways which may bring them into conflict with their employers. For example, a Sikh woman may wish to wear a kara bracelet contrary to an employer's uniform policy; or a Muslim may wish to take time out of required working hours for Friday prayers. Equally, some employees may feel compelled to object to particular aspects of their job role from which a crisis of conscience arises. For instance, a Christian registrar might object to registering a same-sex marriage or civil partnership; or a Muslim retail worker might object to handling alcohol. This addresses these conflicts and the role of law in resolving them. It considers what is meant by religious expression by individual employees, and the motives underlying it, and sets out the different ways it might have an impact on the workplace, in both uncontroversial and potentially controversial ways.The book identifies different principled responses to workplace religious expression within a liberal state. It then goes on to analyse to what extent the law in England and Wales reflects these differing responses, both at a legislative and policy level, and at a court and tribunal level. The book determines the extent to which freedom of religious expression for the individual enjoys legal protection in the workplace in England and Wales, and whether or not there is a case for changing the law to strengthen that protection.

This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers' legal advocacy in the face of severe institutional limitations and their experiences of repression at the hands of the police and state security apparatus, along with the intellectual, political and moral resources lawyers draw upon to survive and resist. Key concerns include the interaction between the lawyers and their bureaucratic, professional and social environments and the forms and long term political impact of resistance. In addressing these issues, Pils offers a rare evaluative perspective on China's legal and political system, and proposes new ways to assess domestic advocacy's relationship with international human rights and rule of law promotion. This book will be of great interest and use to students and scholars of law, Chinese studies, socio-legal studies, political studies, international relations, and sociology. It is also of direct value to people working in the fields of human rights advocacy, law, politics, international relations, and journalism.

In 1990, after the end of the Pinochet regime, the newly-elected democratic government of Chile established a Truth and Reconciliation Commission (TRC) to investigate and report on some of the worst human rights violations committed under the seventeen-year military dictatorship. The Chilean TRC was one of the first truth commissions established in the world. This book examines whether and how the work of the Chilean TRC contributed to the transition to democracy in Chile and to subsequent developments in accountability and transformation in that country. The book takes a long term view on the Chilean TRC asking to what extent and how the truth commission contributed to the development of the transitional justice measures that ensued, and how the relationship with those subsequent developments was established over time.It argues that, contrary to the views and expectations of those who considered that the Chilean TRC was of limited success, that the Chilean TRC has, in fact, over the longer term, played a key role as an enabler of justice and a means by which ethical and institutional transformation has occurred within Chile. With the benefit of this historical perspective, the book concludes that the impact of truth commissions in general needs to be carefully reviewed in light of the Chilean experience. This book will be of great interest and use to students and scholars of conflict resolution, criminal international law, and comparative legal systems in Latin America.

Human Rights, Power and Civic Action examines the interrelationship between struggles for human rights and the dynamics of power, focusing on situations of poverty and oppression in developing countries. It is argued that the concept of power is a relatively neglected one in the study of rights-based approaches to development, especially the ways in which structures and relations of power can limit human rights advocacy. Therefore this book focuses on how local and national struggles for rights have been constrained by power relations and structural inequalities, as well as the extent to which civic action has been able to challenge, alter or transform such power structures, and simultaneously to enhance protection of people's basic human rights. Contributors examine and compare struggles to advance human rights by non-governmental actors in Cambodia, China, Ghana, Kenya, South Africa and Zimbabwe. The country case-studies analyse structures of power responsible for the negation and denial of human rights, as well as how rights-promoting organisations challenge such structures. Utilising a comparative approach, the book provides empirically grounded studies leading to new theoretical understanding of the interrelationships between human rights struggles, power and poverty reduction. Human Rights, Power and Civic Action will be of interest to students and scholars of human rights politics, power, development, and governance.

In Irregular Migrants in Belgium and the Netherlands, Masja van Meeteren studies the different ways in which irregular migrants live in Belgium and the Netherlands. The book offers an empirically grounded theoretical critique of the dominant research practice that focuses on 'survival strategies', relies on comparisons of migrant communities and overemphasizes structural explanations. Instead, Irregular Migrants takes irregular migrants aspirations as a starting point of analysis. Based on this innovative research approach, key questions are answered regarding the lives of irregular migrants. How can we understand their patterns of economic and social incorporation, the transnational activities they engage in, and the significance of different forms of capital? Drawing on intensive participant observation, as well as more than two hundred in-depth interviews with irregular migrants and representatives of organizations that are involved with them, Irregular Migrants develops much-needed contextualized insights. As such, it sheds new light on previous research findings and various deadlocked scholarly debates on irregular migrants in Western societies.

The Occupational Safety and Health Administration (OSHA) is not close to meeting its mandate to protect American workers, according to administrative law specialists McGarity and Shapiro. Thousands of men and women are still victims of workplace accidents and occupational disease. The goal of this book is to analyze why OSHA has failed and to suggest what can be done to set it back on track. The book, divided into six parts, evaluates the current status of the protection of workers and provides a history of OSHA regulation. The authors suggest four methods to reduce workplace health and safety risks: (1) better management of OSHA; (2) reduced oversight by the courts and the executive branch; (3) a change in OSHA's legislative mandate; and (4) empowering workers to protect themselves.

This important work will be of interest to scholars and professionals in occupational health, labor economics, labor law, and human resource management.

This book explores the concept of a substantive right to equality and considers the underlying rationale behind the right to equality and non-discrimination within the European Convention on Human Rights (ECHR) and the EU. The book sets out a theoretical basis for the right to substantive equality before undertaking a careful analysis of the jurisprudence of both the European Court of Human Rights and the European Court of Justice in order to examine how the two Courts have approached the question through their case-law. The historical evolution of the prohibition of discrimination in the two legal orders is traced in order to demonstrate how the human interest safeguarded by a right to equality has developed and continues to develop within the jurisprudence of the Strasbourg and Luxembourg Courts. The book demonstrates how the right to substantive equality is becoming increasingly relevant.It shows how, despite the profound differences between the scope of ECHR and EU equality law, the two Courts have been willing to move beyond the apparent limitations of the written legal framework in several instances with a view to extending the personal and the material scope of what appears to be an emerging human right to equality.

Dubbed a pioneer of critical race theory, Delgado offers a book of compelling conversations about race in America Richard Delgado is one of the most evocative and forceful voices writing on the subject of race and law in America today. The New York Times has described him as a pioneer of critical race theory, the bold and provocative movement that, according to the Times "will be influencing the practice of law for years to come." In The Rodrigo Chronicles, Delgado, adopting his trademark storytelling approach, casts aside the dense, dry language so commonly associated with legal writing and offers up a series of incisive and compelling conversations about race in America. Rodrigo, a brash and brilliant African-American law graduate has been living in Italy and has just arrived in the office of a professor when we meet him. Through the course of the book, the professor and he discuss the American racial scene, touching on such issues as the role of minorities in an age of global markets and competition, the black left, the rise of the black right, black crime, feminism, law reform, and the economics of racial discrimination. Expanding on one of the central themes of the critical race movement, namely that the law has an overwhelmingly white voice, Delgado here presents a radical and stunning thesis: it is not black, but white, crime that poses the most significant problem in modern American life.

Since 2008 increasing pirate activities in Somalia, the Gulf of Aden, and the Indian Ocean have once again drawn the international community's attention to piracy and armed robbery at sea. States are resolved to repress these impediments to the free flow of trade and navigation. To this end a number of multinational counter-piracy missions have been deployed to the region.
This book describes the enforcement powers that States may rely upon in their quest to repress piracy in the larger Gulf of Aden region. The piracy rules of the United Nations Convention on the Law of the Sea (UNCLOS) and the legal safeguards applicable to maritime interception operations are scrutinized before the analysis turns to the criminal prosecution of pirates and armed robbers at sea. The discussion includes so-called shiprider agreements, the transfers of alleged offenders to regional states, the jurisdictional bases for prosecuting pirates, and the feasibility of an internationalized venue for their trial. In addressing a range of relevant issues, this book presents a detailed and comprehensive up-to-date analysis of the legal issues pertaining to the repression of piracy and armed robbery at sea and assesses whether the currently existing legal regime is still adequate to effectively counter piracy in the 21st century.

Sixty years on from the signing of the Refugee Convention, forced migration and refugee movements continue to raise global concerns for hosting states and regions, for countries of origin, for humanitarian organisations on the ground, and, of course, for the refugee. This edited volume is framed around two themes which go to the core of contemporary refugeehood: protection and identity. It analyses how the issue of refugee identity is shaped by and responds to the legal regime of refugee protection in contemporary times.

The book investigates the premise that there is a narrowing of protection space in many countries and many highly visible incidents" "of" refoulement." It argues that Protection, which is a core focus of the Refugee Convention, appears to be under threat, as there are many gaps and inconsistencies in practice.

Contributors to the volume, who include Erika Feller, Elspeth Guild, Helene Lambert and Roger Zetter, look at the relevant issues from the perspective of a number of different disciplines including law, politics, sociology, and anthropology. The chapters examine the link between identity and protection as a basis for understanding how the Refugee Convention has been and is being applied in policy and practice. The situation in a number of jurisdictions and regions in Europe, North America, South East Asia, Africa and the Middle East is explored in order to ask the question does jurisprudence under the Refugee Convention need better coordination and how successful is oversight of the Convention?"

This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights.

The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities.

In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.

In recent decades, asylum has emerged as a highly politicized European issue. The term 'asylum seeker' has suffered a negative perception and has been associated with notions of illegality and criminality in mainstream media. These misconceptions have been supported by politicians as a distraction from economic and political uncertainties with the result that asylum seekers have been deprived of significant rights. This book examines the effect of recent attempts of harmonization on the identification and protection of refugees. It considers the extent of obligations on the state to admit and protect refugees and examines the 1951 Refugee Convention. The motivations of European legislators and legislation concerning asylum procedures and reception conditions are also analysed. Proposals and initiatives for refugee movements and determinations are examined and assessed. The author makes suggestions for better protection of refugees while responding to the security concerns of States, and questions whether European law and policy is doing enough to uphold the fundamental right to seek and enjoy asylum as set out in the Universal Declaration of Human Rights. This book takes a bold look at a controversial issue and generates discussion for those involved in the fields of human rights, migrational and transnational studies, law and society and international law.

Inside Immigration Law analyses the practice of implementing immigration law, examining the different political and organisational forces that influence the process. Based on unparalleled academic access to the German migration management system, this book provides new insights into the 'black box' of regulating immigration, revealing how the application of immigration law to individual cases can be chaotic, improvised and sometimes arbitrary, and either informed or distorted by the complex, politically laden and changeable nature of both German and EU immigration laws. Drawing on extensive empirical material, including participant observation, interviews and analyses of public as well as confidential documents in German immigration offices, Inside Immigration Law unveils the complex practices of decision-making and work organisation in a politically contested environment. A comparative, critical evaluation of the work of offices that examines the discretion and client interactions of bureaucrats, the management of legal knowledge and symbolism and the relationships between immigration offices and external political forces, this book will be of interest to sociologists, legal scholars and political scientists working in the areas of migration, integration and the study of work and organisations.

This volume considers the way in which the focus on individual rights may constitute an obstacle to ensuring fairness in criminal proceedings. The increasingly cosmopolitan nature of criminal justice, forcing legal systems with different institutional forms and practices to interact with each other as they attempt to combat crime beyond national borders, has accentuated the need for systems to seek legitimacy beyond their domestic traditions. Fairness, expressed in terms of the right to a fair trial in provisions such as Article 6 of the European Convention on Human Rights, has emerged across Europe as the principal means of guaranteeing the legitimacy of criminal proceedings. The consequence of this is that criminal procedure doctrines are framed overwhelmingly in 'constitutional' terms - the protection of defence rights is necessary to restrict and legitimate the state's mandate to prosecute crime. Yet there are various problems with relying solely or predominantly on defence rights as a means of ensuring that proceedings are 'fair' or legitimate and these issues are rarely discussed in the academic literature. In this volume, scholars from the disciplines of law, philosophy and sociology challenge various normative assumptions underpinning our understanding of fairness in criminal proceedings.

This book is a comprehensive assessment of regional responses to the crisis in the asylum/refugee system and critically examines how different regions tackle the problem. The chapters consider the fundamental challenges which undermine an effective asylum process as well as regional difficulties with the various circumstances surrounding African asylum seekers. With contributions on Africa, Europe, Latin America, South Asia and the Middle East, the collection strives to appreciate what informs each region's approach to the asylum process and asks if there are issues common to every region and if regions can learn from each other. Including a discussion on the protection of asylum seekers within the African human rights system, the book seeks an understanding of what legal regime exists for the protection of refugees and how regional institutions such as human rights commissions and regional courts enforce and adjudicate the law.The book will be valuable to those interested in international law, migration and human rights.

Privacy-invading technologies (PITs) such as Body scanners; Public space CCTV microphones; Public space CCTV loudspeakers and Human-implantable microchips (RFID implants/GPS implants) are dealt with in this book. The book shows how and why laws that regulate the design and development of privacy-invading technologies (PITs) may more effectively ensure the protection of privacy than laws that only regulate data controllers and the use of such technologies. The premise is supported and demonstrated through a discussion on these four specific PITs as case studies. In doing so, the book overall attempts to explain how laws/regulations that mandate the implementation of Privacy by Design (PBD) could potentially serve as a viable approach for collectively safeguarding privacy, liberty and security in the 21st Century. This book will be of interest to academic researchers, law practitioners, policy makers and technology researchers.

Taking a critical attitude of dissatisfaction towards rights, the central premise of this book is that rights are technologies of governmentality. They are a regulating discourse that is itself managed through governing tactics and techniques - hence governing (through) rights. Part I examines the 'problem of government' (through) rights. The opening chapter describes governmentality as a methodology that is then used to interrogate the relationship between rights and governance in three contexts: the international, regional and local. How rights regulate certain identities and conceptions of what is good governance is examined through the case study of non-state actors, specifically the NGO, in the international setting; through a case study of rights agencies, and the role of experts, indicators and the rights-based approach in the European Union or regional setting; and, in terms of the local, the challenge that the blossoming language of responsibility and community poses to rights in the name of less government (Big Society) is problematised. In Part II, on resisting government (through) rights, the book also asks what counter-conducts are possible using rights language (questioning rioting as resistance), and whether counter-conduct can be read as an ethos of the political, rights-bearing subject and as a new ethical right. Thus, the book bridges a divide between critical theory (ie Foucauldian understandings of power as governmentality) and human rights law.