Since 9/11, we have lived in an age of counterterrorism in which the spectre of terrorism justifies increasingly repressive and violent measures. Against this backdrop, legal scholars and human rights advocates have encouraged integration of human rights into the discourse of counterterrorism as the best way to counter such repression and violence. This book challenges that received wisdom by showing the ambiguous effects of such converged discourse on developing countries. It highlights the effect of terrorism discourse on human rights in two developing countries, viz., the Philippines and Indonesia, the efforts of local advocates in resisting abuses in the name of counterterrorism, and the persistence of violations despite legal and policy reforms in those countries. Applying a novel analytic framework drawn from critical terrorism studies and critical international law, the book provokes new thinking on the future of human rights advocacy in the age of counterterrorism.

Migration is presently a topic that arouses universal interest. Why people choose to migrate is a question that sparks great discussion. Both economic and non-economic factors contribute to this monumental decision. This book, written by experts in the field, focuses on the issue of impact of the expected labour market security on migration decision-making. The idea of push factors such as low levels of security in the state of origin and pull factors such as the expectations of financial security are explored in depth. Another layer of analysis is added as the authors explore how the expected labour market security level may be achieved in various ways. Some migrants may choose a state with a model characterised by extensive legislation related to labour market security, while others will be more willing to choose countries with greater flexibility, where it is as easy to lose a job as to find one and have greater employment security. By providing the most recent research on the impact of labour market security on migration-related decisions, this important text will help not only answer the question of why people decide to migrate, but also uncover the decision-making process in choosing a specific receiving state. By using case studies from around Europe, this book will prove invaluable for researchers, leaders and policy makers in the field of politics and migration studies.

The first comprehensive history of the DREAM Act and Deferred Action for Childhood Arrivals (DACA) In 1982, the Supreme Court of the United States ruled in Plyler v. Doe that undocumented children had the right to attend public schools without charge or impediment, regardless of their immigration status. The ruling raised a question: what if undocumented students, after graduating from the public school system, wanted to attend college? Perchance to DREAM is the first comprehensive history of the DREAM Act, which made its initial congressional appearance in 2001, and Deferred Action for Childhood Arrivals (DACA), the discretionary program established by President Obama in 2012 out of Congressional failure to enact comprehensive immigration reform. Michael A. Olivas relates the history of the DREAM Act and DACA over the course of two decades. With the Trump Administration challenging the legality of DACA and pursuing its elimination in 2017, the fate of DACA is uncertain. Perchance to DREAM follows the political participation of DREAMers, who have been taken hostage as pawns in a cruel game as the White House continues to advocate anti-immigrant policies. Perchance to DREAM brings to light the many twists and turns that the legislation has taken, suggests why it has not gained the required traction, and offers hopeful pathways that could turn this darkness to dawn.

On the Right of Exclusion: Law, Ethics and Immigration Policy addresses Western immigration policies regarding so-called `normal migrants i.e. migrants without a legal right to admission. The book argues that if authorities cannot substantially justify the exclusion of a normal migrant, the latter should be admitted. By contrast, today authorities still believe they may deny normal migrants admission to the territory without giving them proper justification. Bas Schotel challenges this state of affairs and calls for a reversal of the default position in admission laws. The justification should, he argues, involve a serious accounting for the interests and reasons applicable to the normal migrant seeking admission. Furthermore, the first burden of justification should lie with the authorities. To build this case, the book makes three types of argument: legal, ethical and institutional. The legal argument shows that there are no grounds in either sovereignty or the structure of law for current admission practices. Whilst this legal argument accounts for a duty to justify exclusion, the ethical argument shows why the authorities should carry the first burden of justification. Finally, the institutional argument explores how this new position might be implemented. An original, yet practical, undermining of the logic that underlies current immigration laws, On the Right of Exclusion: Law, Ethics and Immigration Policy will be essential reading for those with intellectual, political and policy interests in this area.

With a new and comprehensive account of the South African Constitutional Court's social rights decisions, Brian Ray argues that the Court's procedural enforcement approach has had significant but underappreciated effects on law and policy, and challenges the view that a stronger substantive standard of review is necessary to realize these rights. Drawing connections between the Court's widely acclaimed early decisions and the more recent second-wave cases, Ray explains that the Court has responded to the democratic legitimacy and institutional competence concerns that consistently constrain it by developing doctrines and remedial techniques that enable activists, civil society and local communities to press directly for rights-protective policies through structured, court-managed engagement processes. Engaging with Social Rights shows how those tools could be developed to make state institutions responsive to the needs of poor communities by giving those communities and their advocates consistent access to policy-making and planning processes.

This volume presents a timely analysis of some of the current controversies relating to freedom for religion and freedom from religion that have dominated headlines worldwide. The collection trains the lens closely on select issues and contexts to provide detailed snapshots of the ways in which freedom for and from religion are conceptualized, protected, neglected, and negotiated in diverse situations and locations. A broad range of issues including migration, education, the public space, prisons and healthcare are discussed drawing examples from Europe, the US, Asia, Africa and South America. Including contributions from leading experts in the field, the book will be essential reading for researchers and policy-makers interested in Law and Religion.

How Western nations have consolidated their whiteness through the figure of the Muslim in the post-9/11 world While much has been written about post-9/11 anti-Muslim racism (often termed Islamophobia), insufficient attention has been given to how anti-Muslim racism operates through law and is a vital part of law's protection of whiteness. This book fills this gap while also providing a unique new global perspective on white supremacy. Sherene H. Razack, a leading critical race and feminist scholar, takes an innovative approach by situating law within media discourses and historical and contemporary realities. We may think of law as logical, but, argues Razack, its logic breaks down when the subject is Muslim. Tracing how white subjects and majority-white nations in the post-9/11 era have consolidated their whiteness through the figure of the Muslim, Razack examines four sites of anti-Muslim racism: efforts by American evangelical Christians to ban Islam in the school curriculum; Canadian and European bans on Muslim women's clothing; racial science and the sentencing of Muslims as terrorists; and American national memory of the torture of Muslims during wars and occupations. Arguing that nothing has to make sense when the subject is Muslim, she maintains that these legal and cultural sites reveal the dread, phobia, hysteria, and desire that mark the encounter between Muslims and the West. Through the prism of racism, Nothing Has to Make Sense argues that the figure of the Muslim reveals a world divided between the deserving and the disposable, where people of European origin are the former and all others are confined in various ways to regimes of disposability. Emerging from critical race theory, and bridging with Islamophobia/critical religious studies, it demonstrates that anti-Muslim racism is a revelatory window into the operation of white supremacy as a global force.

The remarkable story of the innovative legal strategies Native Americans have used to protect their religious rights From North Dakota's Standing Rock encampments to Arizona's San Francisco Peaks, Native Americans have repeatedly asserted legal rights to religious freedom to protect their sacred places, practices, objects, knowledge, and ancestral remains. But these claims have met with little success in court because Native American communal traditions don't fit easily into modern Western definitions of religion. In Defend the Sacred, Michael McNally explores how, in response to this situation, Native peoples have creatively turned to other legal means to safeguard what matters to them. To articulate their claims, Native peoples have resourcefully used the languages of cultural resources under environmental and historic preservation law; of sovereignty under treaty-based federal Indian law; and, increasingly, of Indigenous rights under international human rights law. Along the way, Native nations still draw on the rhetorical power of religious freedom to gain legislative and regulatory successes beyond the First Amendment. The story of Native American advocates and their struggle to protect their liberties, Defend the Sacred casts new light on discussions of religious freedom, cultural resource management, and the vitality of Indigenous religions today.

Private companies exert considerable control over the flow of information on the internet. Whether users are finding information with a search engine, communicating on a social networking site or accessing the internet through an ISP, access to participation can be blocked, channelled, edited or personalised. Such gatekeepers are powerful forces in facilitating or hindering freedom of expression online. This is problematic for a human rights system which has historically treated human rights as a government responsibility, and this is compounded by the largely light-touch regulatory approach to the internet in the West. Regulating Speech in Cyberspace explores how these gatekeepers operate at the intersection of three fields of study: regulation (more broadly, law), corporate social responsibility and human rights. It proposes an alternative corporate governance model for speech regulation, one that acts as a template for the increasingly common use of non-state-based models of governance for human rights.

While every constitution includes a provision over the right to equal protection of the laws, perhaps with different terminology, this book interprets this right in a new way. Theories of the right to equal protection of the laws as the right to anti-subordination are the most influential theories on the theory suggested by Drymiotou. Elena Drymiotou suggests understanding the right to equal protection of the laws in terms of belonging. She goes on to identify certain criteria and she offers a general theory of the Right to Democratic Belonging. This book uses political theory, constitutional provisions and case law to suggest this new theory of the right to equal protection of the laws; the theory of the Right to Equal Belonging in a Democratic Society or in other words, the Right to Democratic Belonging. Human Rights and Equal Belonging in a Democratic Society is the starting point of a more comprehensive theory of the right to democratic belonging. It will be of interest both to students at an advanced level, academics and reflective practitioners. It addresses the topics with regard to human rights and equality and will be of interest to researchers, academics, policymakers and students in the fields of human rights law, constitutional law and legal theory.

Domestic constitutions and courts applying international human rights conventions acknowledge the significance of the mass media for a democratic society, not only by granting special privileges but also by imposing enhanced duties and responsibilities to journalists and media companies. However, the challenges of media convergence, media ownership concentration and the internet have led to legal uncertainty. Should media privileges be maintained, and, if so, how is 'the media' to be defined? To what extent does media freedom as a legal concept also encompass bloggers who have not undertaken journalistic education? And how can a legal distinction be drawn between investigative journalism on the one hand and reporting on purely private matters on the other? To answer these questions, Jan Oster combines doctrinal and conceptual comparative analysis with descriptive and normative theory, and argues in favour of a media freedom principle based on the significance of the media for public discourse.

This book is a challenging, thought-provoking yet highly accessible introduction to discrimination law. It takes a thematic approach, illuminating the major issues in discrimination law, while imparting an in-depth understanding of the strengths and weaknesses of legal responses to complex social problems of inequality. This is enhanced by the comparative approach. By considering equality law in the UK, US, India, Canada, and South Africa, as well as the European Union and under the European Convention on Human Rights, the book exposes common problems across different jurisdictions and canvasses a variety of differing solutions. As in the highly successful previous editions, the book locates discrimination law within its historical and social context. One of its major strengths is the development of an analytic framework of substantive equality, drawing on a range of sources, and the author's wide experience of equality law in many jurisdictions. As well as chapters charting the social challenges and legal responses, the book compares the ways in which different jurisdictions formulate grounds of discrimination or protected characteristics; the meaning of key concepts such as direct discrimination (disparate treatment); indirect discrimination (disparate impact); and when limitations on equality are legitimate. Later chapters test these concepts in some of the most challenging contexts: pregnancy and parenting, equal pay, reasonable accommodation, and sexual harassment; as well as to the particularly controversial issue of affirmative action or deliberate preference policies. Discussing at length how racisms, sexism, LGBTQ+ rights, and other topics impact these contexts. The final chapter asks how the right to equality can be made more effective, critically assessing the paradigm individual complaints model, and possible alternatives, from class actions and strategic litigation to mainstreaming and positive duties to promote equality.

In A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.

Over the last twenty years, India has enacted legislation to turn development goals such as food security, primary education, and employment into legal rights for its citizens. But enacting laws is different from implementing them. A Human Rights Based Approach to Development in India examines a diverse range of human development issues over a period of rapid economic growth in India. Demonstrating why institutional and economic development are synonymous, this volume details the many obstacles hindering development. The contributors ultimately ask whether India's approach to development is working and whether its right to develop is at odds with its international commitments.

This is the first and only comprehensive, book-length political history of national ID card proposals and developments in identity policing in the United States. The book focuses on the period from 1915 to 2016, including the post-9/11 debates and policy decisions regarding the introduction of technologically-advanced identification documents. Putting the United States in comparative perspective and connecting the vital issues of immigration and homeland security, Magdalena Krajewska shows how national ID card proposals have been woven into political conflict across a variety of policy fields. Findings contradict conventional wisdom, debunking two common myths: that Americans are opposed to national ID cards and that American policymakers never propose national ID cards. Dr Krajewska draws on extensive archival research; high-level interviews with politicians, policymakers, and ID card technology experts in Washington, DC and London; and public opinion polls.

Is there still a right to seek asylum in a globalised world? Migration control has increasingly moved to the high seas or the territory of transit and origin countries, and is now commonly outsourced to private actors. Under threat of financial penalties airlines today reject any passenger not in possession of a valid visa, and private contractors are used to run detention centres and man border crossings. In this volume Thomas Gammeltoft-Hansen examines the impact of these new practices for refugees' access to asylum. A systematic analysis is provided of the reach and limits of international refugee law when migration control is carried out extraterritorially or by non-state actors. State practice from around the globe and case law from all the major human rights institutions is discussed. The arguments are further linked to wider debates in human rights, general international law and political science.

"I never look at my case as just my own, or just as a Japanese- American case. It is an American case, with principles that affect the fundamental human rights of all Americans." -Gordon K. Hirabayashi

In 1942, University of Washington student Gordon Hirabayashi defied the curfew and mass removal of Japanese Americans on the West Coast, and was subsequently convicted and imprisoned as a result. In "A Principled Stand," Gordon's brother James and nephew Lane have brought together his prison diaries and voluminous wartime correspondence to tell the story of "Hirabayashi v. United States," the Supreme Court case that in 1943 upheld and on appeal in 1987 vacated his conviction. For the first time, the events of the case are told in Gordon's own words. The result is a compelling and intimate story that reveals what motivated him, how he endured, and how his ideals deepened as he fought discrimination and defended his beliefs.

"A Principled Stand" adds valuable context to the body of work by legal scholars and historians on the seminal Hirabayashi case. This engaging memoir combines Gordon's accounts with family photographs and archival documents as it takes readers through the series of imprisonments and court battles Gordon endured. Details such as Gordon's profound religious faith, his roots in student movements of the day, his encounters with inmates in jail, and his daily experiences during imprisonment give texture to his storied life.

Gordon K. Hirabayashi (1918-2012) was awarded the Presidential Medal of Freedom in May 2012. He was professor emeritus of sociology at the University of Alberta, in Edmonton. James A. Hirabayashi (1926-2012) was professor emeritus of Asian American Studies at San Francisco State University. Lane Ryo Hirabayashi is professor of Asian American Studies and the George and Sakaye Aratani Professor of the Japanese American Incarceration, Redress, and Community at UCLA.

""A Principled Stand" makes an important contribution to understanding both Gordon Hirabayashi's life and the horrible episode in this country's history that was the internment." -Lorraiane Bannai, Fred T. Korematsu Center for Law and Equality, Seattle University School of Law

Court of Injustice reveals how immigration lawyers work to achieve just results for their clients in a system that has long denigrated the rights of those they serve. J.C. Salyer specifically investigates immigration enforcement in New York City, following individual migrants, their lawyers, and the NGOs that serve them into the immigration courtrooms that decide their cases. This book is an account of the effects of the implementation of U.S. immigration law and policy. Salyer engages directly with the specific laws and procedures that mandate harsh and inhumane outcomes for migrants and their families. Combining anthropological and legal analysis, Salyer demonstrates the economic, historical, political, and social elements that go into constructing inequity under law for millions of non-citizens who live and work in the United States. Drawing on both ethnographic research conducted in New York City and on the author's knowledge and experience as a practicing immigration lawyer at a non-profit organization, this book provides unique insight into the workings and effects of U.S. immigration law. Court of Injustice provides an up-close view of the experiences of immigration lawyers at non-profit organizations, in law school clinics, and in private practice to reveal limitations and possibilities available to non-citizens under U.S. immigration law. In this way, this book provides a new perspective on the study of migration by focusing specifically on the laws, courts, and people involved in U.S. immigration law.

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.

Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.

The embrace of socio-economic rights in South Africa has featured prominently in scholarship on constitution making, legal jurisprudence and social mobilisation. But the development has attracted critics who claim that this turn to rights has not generated social transformation in practice. This book sets out to assess one part of the puzzle and asks what has been the role and impact of socio-economic strategies used by civil society actors. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action. The evidence suggests that some strategies have achieved material and political impact but this is conditional on the nature of the claim, degree of mobilisation and alliance building, and underlying constraints.

About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yuksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.

The EU has become a powerful migration policy actor. As a result, European migration policy is increasingly coming into conflict with its obligation to protect human rights. This open access volume names the most urgent challenges, develops the relevant legal standards and makes proposals for reform. Central problem areas included are: -access to asylum in the EU -freedom of movement for migrants -legal procedural guarantees -the ban on discrimination based on residence status -respect for social and family ties in migration control measures -the guarantee of minimum social rights for irregular migrants, and -the public and civil society infrastructure to defend human rights. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on https://doi.org/10.5771/9783748926740. Open access was funded by the Stiftung Mercator.