The stark reality is that throughout the world, women disproportionately live in poverty. This indicates that gender can both cause and perpetuate poverty, but this is a complex and cross-cutting relationship.The full enjoyment of human rights is routinely denied to women who live in poverty. How can human rights respond and alleviate gender-based poverty? This monograph closely examines the potential of equality and non-discrimination at international law to redress gender-based poverty. It offers a sophisticated assessment of how the international human rights treaties, specifically the Convention on the Elimination of Discrimination Against Women (CEDAW), which contains no obligations on poverty, can be interpreted and used to address gender-based poverty. An interpretation of CEDAW that incorporates the harms of gender-based poverty can spark a global dialogue. The book makes an important contribution to that dialogue, arguing that the CEDAW should serve as an authoritative international standard setting exercise that can activate international accountability mechanisms and inform the domestic interpretation of human rights.

Ai Kihara-Hunt's Holding UNPOL to Account: Individual Criminal Accountability of United Nations Police Personnel analyzes whether the mechanisms that address criminal accountability of United Nations police personnel serving in peace operations are effective, and if there is a problem, how it can be mitigated. The volume reviews the obligations of States and the UN to investigate and prosecute criminal acts committed by UN police, and examines the jurisdictional and immunity issues involved. It concludes that these do not constitute legal barriers to accountability, although immunity poses some problems in practice. The principal problem appears to be the lack of political will to bring prosecutions, as well as a lack of transparency, which makes it difficult accurately to determine the scale of the problem.

Human Rights, Hegemony and Utopia in Latin America: Poverty, Forced Migration and Resistance in Mexico and Colombia by Camilo Perez-Bustillo and Karla Hernandez Mares explores the evolving relationship between hegemonic and counter-hegemonic visions of human rights, within the context of cases in contemporary Mexico and Colombia, and their broader implications. The first three chapters provide an introduction to the books overall theoretical framework, which will then be applied to a series of more specific issues (migrant rights and the rights of indigenous peoples) and cases (primarily focused on contexts in Mexico and Colombia,), which are intended to be illustrative of broader trends in Latin America and globally.

Same-Sex Marriage and Children is the first book to bring together historical, social science, and legal considerations to comprehensively respond to the objections to same-sex marriage that are based on the need to promote so-called "responsible procreation" and child welfare. Carlos A. Ball places the current marriage debates within a broader historical context by exploring how the procreative and child welfare claims used to try to deny same-sex couples the opportunity to marry are similar to earlier arguments used to defend interracial marriage bans, laws prohibiting disabled individuals from marrying, and the differential treatment of children born out of wedlock. Ball also draws a link between welfare reform and same-sex marriage bans by explaining how conservative proponents have defended both based on the need for the government to promote responsible procreation among heterosexuals. In addition, Ball examines the social science studies relied on by opponents of same-sex marriage and explains in a highly engaging and accessible way why they do not support the contention that biological status and parental gender matter when it comes to parenting. He also explores the relevance of the social science studies on the children of lesbians and gay men to the question of whether same-sex couples have a constitutional right to marry. In doing so, the book looks closely at the gay marriage cases that recently reached the Supreme Court and explains why the constitutionality of same-sex marriage bans cannot be defended on the basis that maintaining marriage as an exclusively heterosexual institution helps to promote the best interests of children. Same-Sex Marriage and Children will help lawyers, law professors, judges, legislators, social and political scientists, historians, and child welfare officials-as well as general readers interested in matters related to marriage and families-understand the empirical and legal issues behind the intersection of same-sex marriage and children's welfare.

This volume contains two Open Access Chapters. Gender, Criminalization, Imprisonment and Human Rights in Southeast Asia features contributions from activist scholars grappling to understand and alleviate the compound sufferings of women and LGBTIQA+ persons as they encounter Southeast Asian criminal justice systems. The collection demonstrates that it is critical that the drivers of gendered harms and the way gendered needs intersect with other inequalities are better understood and adequately reflected in law, policy and practice.

Globalization, along with its digital and information communication technology counterparts, including the Internet and cyberspace, may signify a whole new era for human rights, characterized by new tensions, challenges, and risks for human rights, as well as new opportunities. Human Rights and Risks in the Digital Era: Globalization and the Effects of Information Technologies explores the emergence and evolution of digital rights that challenge and transform more traditional legal, political, and historical understandings of human rights. Academic and legal scholars will explore individual, national, and international democratic dilemmas--sparked by economic and environmental crises, media culture, data collection, privatization, surveillance, and security--that alter the way individuals and societies think about, regulate, and protect rights when faced with new challenges and threats. The book not only uncovers emerging changes in discussions of human rights, it proposes legal remedies and public policies to mitigate the challenges posed by new technologies and globalization.

From grassroots to global activism, the untold story of the world's first domestic workers' movement. Domestic workers exist on the margins of the world labor market. Maids, nannies, housekeepers, au pairs, and other care workers are most often 'off the books,' working for long hours and low pay. They are not afforded legal protections or benefits such as union membership, health care, vacation days, and retirement plans. Many women who perform these jobs are migrants, and are oftentimes dependent upon their employers for room and board as well as their immigration status, creating an extremely vulnerable category of workers in the growing informal global economy. Drawing on over a decade's worth of research, plus interviews with a number of key movement leaders and domestic workers, Jennifer N. Fish presents the compelling stories of the pioneering women who, while struggling to fight for rights in their own countries, mobilized transnationally to enact change. The book takes us to Geneva, where domestic workers organized, negotiated, and successfully received the first-ever granting of international standards for care work protections by the United Nations' International Labour Organization. This landmark victory not only legitimizes the importance of these household laborers' demands for respect and recognition, but also signals the need to consider human rights as a central component of workers' rights. Domestic Workers of the World Unite! chronicles how a group with so few resources could organize and act within the world's most powerful international structures and give voice to the wider global plight of migrants, women, and informal workers. For anyone with a stake in international human and workers' rights, this is a critical and inspiring model of civil society organizing.

The genocide in Myanmar has drawn global attention as Nobel Peace Prize laureate Aung San Suu Kyi appears to be presiding over human rights violations, forced migrations and extra-judicial killings on an enormous scale. This unique study draws on thousands of hours of interviews and testimony from the Rohingya themselves to assess and outline the full scale of the disaster. Casting new light on Rohingya identity, history and culture, this will be an essential contribution to the study of the Rohingya people and to the study of the early stages of genocide. This book adds convincingly to the body of evidence that the government of Myanmar has enabled a genocide in Rakhine State and the surrounding areas.

The Aporia of Rights is an exploration of the perplexities of human rights, and their inevitable and important intersection with the idea of citizenship. Written by political theorists and philosophers, essays canvass the complexities involved in any consideration of rights at this time. Yeatman and Birmingham show through this collection of works a space fora vital engagement with the politics of human rights.

This book is an account of the concept of equality from the perspective of both theory and practice, and presents methods of quantifying values. It considers both arguments and evidence, and tackles equality in its different forms, including economic equality, education, equality before the law, equality of opportunity, and gender equality. The book shows that inequality is a profoundly moral question, noting that there are good practical reasons for its adoption. It presents a consideration of classical theories from Aristotle to Hume, as well as contemporary approaches such as those offered by Rawls, Haidt, Temkin, and Parfit. It also contemplates issues such as the naturalistic fallacy, and considers what is different about the Goleman view of moral sensitivity and the ethical personality. The array of evidence includes the impact of climate and various plants such as sugar and cotton on the slave trade, the concept of Gaia, Darwinism, sex inequality, personality, culture, psychological issues, and the quantification of ethics. The book concludes with some practical suggestions for improving equality. It aims to raise awareness of the ways in which equality can be understood, and achieved. It will be relevant to students and scholars in philosophy, human rights, and law.

This book deals with one of the most important issues of philosophy of law and constitutional thought: how to understand clashes of fundamental rights, such as the conflict between free speech and privacy. The main argument of this book is that much can be learned about the nature of fundamental legal rights by examining them through the lens of conflicts among such rights, and criticizing the views of scholars and jurists who have discussed both fundamental legal rights and the nature of conflicts among them.
Theories of rights are necessarily abstract, aiming at providing the best possible answers to pressing social problems. Yet such theories must also respond to the real and changing dilemmas of the day. Taking up the problem of conflicting rights, Zucca seeks a theory of rights that can guide us to a richer, more responsive approach to rights discourse.
The idea of constitutional rights is one of the most powerful tools to advance justice in the Western tradition. But as this book demonstrates, even the most ambitious theory of rights cannot satisfactorily address questions of conflicting rights. How, for instance, can we fully secure privacy when it clashes with free speech? To what extent can our societies assist people in dying without compromising the protection of life? Exploring the limitations of the rights discourse in these areas, Zucca questions the role of law in settling ethical dilemmas helping to clarify thinking about the limitations of rights discourse.

Cruelty has long been a feature of states' domestic and foreign policies but is seldom acknowledged. Governments mouth respect for human rights yet promote discrimination, violence and suppression of critics. Documenting case studies from around the world, distinguished academic and human rights activist Stuart Rees exposes politicians' cruel motives and the resulting outcomes. Using his first-hand observations and insights from international poets, he argues for courageous action to support non-violence in every aspect of public and private life for the survival of people, animals and the planet.

Human Rights and the Arts: Perspectives on Global Asia approaches human rights issues from the perspective of artists and writers in global Asia. By focusing on the interventions of writers, artists, filmmakers, and dramatists, the book moves toward a new understanding of human rights that shifts the discussion of contexts and subjects away from the binaries of cultural relativism and political sovereignty. From Ai Wei Wei and Michael Ondaatje, to Umar Kayam, Saryang Kim, Lia Zixin, and Noor Zaheer, among others, this volume takes its lead from global Asian artists, powerfully re-orienting thinking about human rights subjects and contexts to include the physical, spiritual, social, ecological, cultural, and the transnational. Looking at a range of work from Tibet, Indonesia, Sri Lanka, India, China, Bangladesh, Japan, Korea, Vietnam, and Macau as well as Asian diasporic communities, this book puts forward an understanding of global Asia that underscores "Asia" as a global site. It also highlights the continuing importance of nation-states and specific geographical entities, while stressing the ways that the human rights subject breaks out of these boundaries. Many of these works are included in the companion volume Human Rights and the Arts in Global Asia: An Anthology, also published by Lexington Books.

This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

In Ethnic Identity and Minority Protection: Designation, Discrimination, and Brutalization, Thomas W. Simon examines a new framework for considering ethnic conflicts. In contrast to the more traditional theories of justice, Simon's theory of injustice shifts focus away from group identity toward group harms, effectively making many problems, such as how to define minorities in international law, dramatically more manageable. Simon argues that instead of promoting legislative devices like proportional representation for minorities, it is more fruitful to seek adjudicative solutions to racial and ethnic-related conflicts. For example, resources could be shifted to quasi-judicial human-rights treaty bodies that have adopted an injustice approach. This injustice approach provides the foundation for Kosovo's case for remedial secession, and helps to sort out the competing entitlement claims of Malays in different countries. Indeed, the priority of Thomas W. Simon's Ethnic Identity and Minority Protection is to ensure the tales of designation and discrimination told at the beginning of the work do not become the stories of brutalization told at the end. In short, the challenge tackled in this text is to assure that reason reigns over hate.