In the immediate decades after World War II, the French National Railways (SNCF) was celebrated for its acts of wartime heroism. However, recent debates and litigation have revealed the ways the SNCF worked as an accomplice to the Third Reich and was actively complicit in the deportation of 75,000 Jews and other civilians to death camps. Sarah Federman delves into the interconnected roles-perpetrator, victim, and hero-the company took on during the harrowing years of the Holocaust. Grounded in history and case law, Last Train to Auschwitz traces the SNCF's journey toward accountability in France and the United States, culminating in a multimillion-dollar settlement paid by the French government on behalf of the railways.The poignant and informative testimonies of survivors illuminate the long-term effects of the railroad's impact on individuals, leading the company to make overdue amends. In a time when corporations are increasingly granted the same rights as people, Federman's detailed account demonstrates the obligations businesses have to atone for aiding and abetting governments in committing atrocities. This volume highlights the necessity of corporate integrity and will be essential reading for those called to engage in the difficult work of responding to past harms.

This groundbreaking book offers a compelling articulation of the right of access to justice for individuals facing human rights violations by international organizations. Following an examination of the human rights obligations of a variety of international organizations, the author scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. Highlighting recent examples, such as the cholera outbreak in Haiti, this book reveals how individual victims of human rights violations by international organizations are frequently left in the cold, due to the lack of an independent, impartial dispute settlement mechanism before which they can file such claims. Considering both global mechanisms and current mechanisms established by international organisations such as administrative jurisdictions for employment-related disputes, Pierre Schmitt finds that they either are not competent or that they have a limited scope. He concludes by offering normative proposals addressed both to international organizations and to national judges confronted with such cases. Offering a wealth of empirical and practical wisdom, this book will appeal to scholars in public international law and human rights. It is also a must-read for practitioners, judges and legal advisers working in the field and will prove a useful tool for national authorities negotiating immunity conventions with international organizations.

With the importance of non-State actors ever increasing, the traditional State-centric approach of international law is being put to the test. In particular, significant accountability lacunae have emerged in the field of human rights protection. To address these challenges, this book makes a case for extraterritorial due diligence obligations of States in international human rights law. It traces back how due diligence obligations evolved on the international plane and develops a general analytical framework making the broad and vague notion of due diligence more approachable. The framework is applied to different fields of international law which provides guidance on how due diligence obligations can be better conceptualized. Drawing inspiration from these developments, the book analyses how extraterritorial human rights due diligence obligations could operate in practice and foster global human rights protection.

Guardian's Best Paperback of the Month ONE OF THE GUARDIAN'S and FINANCIAL TIMES' BOOKS OF 2020 'In intimate, often tender prose, Gevisser brings to life the complex movement for queer civil rights and the many people on whom it bears.' Colm Toibin, Guardian 'Powerful... meticulously researched' Andrew McMillan, Observer Book of the Week Six years in the making, The Pink Line follows protagonists from nine countries all over the globe to tell the story of how LGBTQ+ Rights became one of the world's new human rights frontiers in the second decade of the twenty-first century. From refugees in South Africa to activists in Egypt, transgender women in Russia and transitioning teens in the American Mid-West, The Pink Line folds intimate and deeply affecting stories of individuals, families and communities into a definitive account of how the world has changed, so dramatically, in just a decade. And in doing so he reveals a troubling new equation that has come in to play: while same-sex marriage and gender transition are now celebrated in some parts of the world, laws to criminalise homosexuality and gender non-conformity have been strengthened in others. In a work of great scope and wonderful storytelling, this is the groundbreaking, definitive account of how issues of sexuality and gender identity divide and unite the world today.

Two legal systems founded on similar Enlightenment philosophical and political values use state coercion differently to regulate a liberty at the core of the Enlightenment: freedom of expression. This comparative study of France and the United States proposes a novel theory of how the limits of freedom of expression are informed by different revolutionary experiences and constitutional and political arrangements. Ioanna Tourkochoriti argues that the different ways freedom of expression is balanced against other values in France and the United States can be understood in reference to the role of the government and the understanding of republicanism and liberty. This understanding affects how jurists define the content and the limits of a liberty and strike a balance between liberties in conflict. Exploring both the legal traditions of the two countries, this study sheds new light on the broader historical, social and philosophical contexts in which jurists operate.

Transitional justice has become the principle lens used by countries emerging from conflict and authoritarian rule to address the legacies of violence and serious human rights abuses. However, as transitional justice practice becomes more institutionalized with support from NGOs and funding from Western donors, questions have been raised about the long-term effectiveness of transitional justice mechanisms. Core elements of the paradigm have been subjected to sustained critique, yet there is much less commentary that goes beyond critique to set out, in a comprehensive fashion, what an alternative approach might look like. This volume discusses one such alternative, transformative justice, and positions this quest in the wider context of ongoing fall-out from the 2008 global economic and political crisis, as well as the failure of social justice advocates to respond with imagination and ambition. Drawing on diverse perspectives, contributors illustrate the wide-ranging purchase of transformative justice at both conceptual and empirical levels.

Important new policy frameworks call on governments to ensure respect for human rights by businesses and to secure a transition to sustainable consumption. Public procurement accounts for a significant share of the global economy, and nearly 30% of government expenditure across OECD countries. But what are the obligations of the state to protect human rights when it acts as a buyer? And how can procurement be used to drive respect for human rights amongst government suppliers? This engaging book reflects on these important questions, from the dual disciplinary perspectives of public procurement and human rights. Through legal analysis and practice-focused case studies, the expert contributors interrogate the role and potential of public procurement as a driver for responsible business conduct. Highlighting the character of public procurement as an interface for multiple normative regimes and competing policies, the book advances a compelling case for a shift to a new paradigm of sustainable procurement that embraces human rights as crucial to realising international policies such as those embodied in the UN Guiding Principles on Business and Human Rights and 2030 Sustainable Development Goals. Topical and thought-provoking, Public Procurement and Human Rights will be an essential read for academics and students of human rights law, public procurement law, and business and human rights, as well as practitioners in public procurement and sustainability, and government officials. Contributors include: B.S. Claeson, E. Conlon, C. Emberson, P. Goethberg, O. Martin-Ortega, A. Marx, C. Methven O'Brien, C. Nicholas, O. Outhwaite, G. Quinot, D. Russo, A. Sanchez-Graells, J. Sinclair, R. Stumberg, A. Trautrims, N. Vander Meulen, S. Williams-Elegbe

Peacebuilding Paradigms focuses on how seven paradigms from the Comparative Politics, International Relations, and Policy Analysis subfields - Realism, Liberalism, Constructivism, Cosmopolitanism, Critical Theories, Locality, and Policy - analyze peacebuilding. The contributors explore the arguments of each paradigm, and then compare and contrast them. This book suggests that a hybrid approach that incorporates useful insights from each of these paradigms best explains how and why peacebuilding projects and policies succeed in some cases, fail in others, and provide lessons learned. Rather than merely using a theoretical approach, the authors use case studies to demonstrate why a focus on just one paradigm alone as an explanatory model is insufficient. This collection directly at how peacebuilding theory affects peacebuilding policies, and provides recommendations for best practices for future peacebuilding missions.

Can international human rights law be applied and enforced in a part of a State's territory outside its effective control? This study provides a step by step analysis to show how it can. International human rights law can normalise an imperfect, defective situation through pragmatic interpretation; it imposes obligations both on the territorial State on account of its sovereign title and residual effectiveness on the one hand, and on any subject of international law exercising territorial control over the area on account of its effective control on the other. By considering effectiveness beyond formal normative sources and titles of the subjects implicated in the territorial situation, international human rights law is interpreted and applied in a manner which renders human rights practical and effective. The book provides a comprehensive analysis of State practice regarding various subjects implicated in the territorial situation, applicable legal sources and major geographic areas.

Some 600 million children worldwide do not legally exist. Without verifiable identification, they and unregistered adults could face serious difficulties in proving their identity, whether to open a bank account, purchase a SIM card, or cast a vote. Lack of identification is a barrier to full economic and social inclusion. Recent advances in the reach and technological sophistication of identification systems have been nothing less than revolutionary. Since 2000, over 60 developing countries have established national ID programs. Digital technology, particularly biometrics such as fingerprints and iris scans, has dramatically expanded the capabilities of these programs. Individuals can now be uniquely identified and reliably authenticated against their claimed identities. By enabling governments to work more effectively and transparently, identification is becoming a tool for accelerating development progress. Not only is provision of legal identity for all a target under the Sustainable Development Goals, but this book shows how it is also central to achieving numerous other SDG targets. Yet, challenges remain. Identification systems can fail to include the poor, leaving them still unable to exercise their rights, access essential services, or fully participate in political and economic life. The possible erosion of privacy and the misuse of personal data, especially in countries that lack data privacy laws or the capacity to enforce them, is another challenge. Yet another is ensuring that investments in identification systems deliver a development payoff. There are all too many examples where large expenditures sometimes supported by donor governments or agencies appear to have had little impact. Identification Revolution: Achieving Sustainable Development in the Digital Age offers a balanced perspective on this new area, covering both the benefits and the risks of the identification revolution, as well as pinpointing opportunities to mitigate those risks.

This book critically examines how countries across Europe have dealt with the COVID crisis from a policing and security perspective. Across the chapters, contributors from different countries examine the data, press coverage, and provide professional observations on how policing, law enforcement, police powers and community relations were managed. They focus on how security and governmental actors often failed to align with the formal scripts that were specifically designed for crisis-management, resulting in the wavering application of professional discretion and coercive powers. Their different approaches were evident: in some regions police were less dominantly visible compared to other regions, where the police used a top-down visible and repressive stance vis-a-vis public alignment with COVID rules, including the imposition of lockdown and curfews. Some contributors draw on data from the COROPOL (Corona Policing) Monitor which collated data on crime, plural policing and public order in Europe and around the world during the early phases of the COVID crisis. Overall, this book seeks to provide comparative critical insights and commentary as well as a practical and operational understanding of security governance during the COVID-19 crisis and the lessons learned to improve future preparedness.

Against the backdrop of the new globalized hate speech dynamics, the nature and scope of States' obligations pursuant to international human rights law on prohibiting incitement to hatred have taken on increased importance and have become a controversial issue within multilateral human rights diplomacy. Key questions being posed in the on-going debates over how best to respond to the new wave of hatred include whether the international legal norm against incitement to hatred, as it currently stands, is suitable to address the contemporary challenges of this phenomenon. Alternatively, does it need to be developed further? This book traces the journey of this norm in three analytical domains; its emergence, relevant supranational jurisprudence, and the recent standard-setting attempts within the UN. The book argues that five internal features of the norm had a strong influence on its difficult path within international human rights law.

The authoritative collection includes a number of seminal papers relating to the field of terrorism and human rights. Professor Scheinin has selected readings covering a variety of topics, including detention and extraordinary rendition, targeted killings, freedom of expression, privacy and terrorist listings. Along with an original introduction by the editor, this important and topical volume will be an invaluable source of reference for researchers, students, academics and practitioners interested in the field of terrorism and human rights.

The past decade has witnessed unprecedented use of the Internet for both advancing and suppressing human rights, giving rise to complex new issues that can both inspire and overwhelm. With ever-growing concerns about the (non-)regulation of our digital environment, it is surprising that both the theoretical and practical application of human rights to the Internet and our online lives remain unclear.This book is a short and accessible introduction to the concepts of human rights, the Internet and the emergence of an era of human rights online as a new legal challenge. It will be of interest to a broad range of readers: policy makers and informed citizens, lawyers working with human rights defenders, and legal and human rights academics examining the emergence of this legal field.

According to the Convention on the Rights of the Child, the goal of a social justice approach for children is to ensure that children "are better served and protected by justice systems, including the security and social welfare sectors." Despite this worthy goal, the UN documents how children are rarely viewed as stakeholders in justice rules of law; child justice issues are often dealt with separate from larger justice and security issues; and when justice issues for children are addressed, it is often through a siloed, rather than a comprehensive approach. This volume actively challenges the current youth social justice paradigm through terminology and new approaches that place children and young people front and center in the social justice conversation. Through international consideration, children and young people worldwide are incorporated into the social justice conversation.

'Malala is an inspiration to girls and women all over the world.' - J.K. Rowling I Am Malala tells the remarkable true story of a girl who knew she wanted to change the world - and did. Raised in the Swat Valley in Pakistan, Malala was taught to stand up for her beliefs. When terrorists took control of her region and declared girls were forbidden from going to school, Malala fought for her right to an education. And, on 9 October 2012, she nearly paid the ultimate price for her courage when she was shot on her way home from school. No one expected her to survive. Now, she is an international symbol of peaceful protest and the youngest person ever to win a Nobel Peace Prize. A must-read for anyone who believes in the power of change. * This teen edition is a first-hand account told in Malala's own words for her generation. The paperback includes extra material, a Q&A and updated discussion notes. * This book inspired the film HE NAMED ME MALALA, the winner of the BAFTA for Best Documentary.

Does human rights law work? This book engages in this heated debate through a detailed analysis of thirty years of the right to health - perhaps the most complex human right - in Brazil. Are Brazilians better off three decades after the enactment of the right to health in the 1988 Constitution? Has the flurry of litigation experienced in Brazil helped or harmed the majority of the population? This book offers an in-depth analysis of these complex and controversial questions grounded on a wealth of empirical data. The book covers the history of the recognition of health as a human right in the 1988 Constitution through the Sanitary Movement's campaign and the subsequent three decades of what Ferraz calls the politics and judicialization of health. It challenges positions of both optimists and sceptics of human rights law and will be of interest to those looking for a more nuanced analysis.

International organizations are becoming increasingly powerful. Today, they affect the lives of individuals across the globe through their decisions and conduct. Consequently, international organizations are more capable of violating the human rights of individuals. But how can they be held to account for such violations? This book studies the procedural mechanisms that may hold international organizations to account for their human rights violations. It establishes a general framework for identifying, analyzing, and assessing the accountability mechanisms of international organizations. This general framework is then applied to three distinct cases: the EU's Common Security and Defence Policy missions, refugee camp administration by the UNHCR, and detention by the International Criminal Court. The overall conclusion is that none of the existing accountability mechanisms across the three cases fulfill the normative requirements set out in the general framework. However, there are significant variations between cases, and between different types of accountability mechanisms.

Governments increasingly rely upon detention to control the movement of undocumented migrants and asylum seekers. The deprivation of liberty of non-citizens due to their undocumented or irregular status is often fraught with gross injustices. This book stresses the need for global policy-makers to address these practices in order to ensure compliance with fundamental human rights and prevent detention abuses. Approaching detention from an interdisciplinary perspective, this volume brings together leading writers and thinkers to provide a greater understanding of why it is such an important social phenomenon and suggest ways to confront it locally and globally. Challenging Immigration Detention thematically examines a broad range of situations across the globe, with contributors providing overviews of key issues, case studies and experiences in their fields, while highlighting potential strategies for curbing detention abuses. Demonstrating the value of varied analytical frameworks and investigative angles, the contributors provide urgently needed insight into a growing human rights issue. With cross-disciplinary investigation into an issue with immediate global importance, Challenging Immigration Detention is vital for undergraduates, postgraduates, activists, lawyers and policy-makers interested in international human rights. National and international humanitarian organizations and advocacy groups working in migrant and asylum rights will find this a compelling and diverse overview of migrant detention. Contributors include: S. Albert, N. Bernstein, M. Bosworth, S. Brooker, P. Ceriani, D. Conlon, G. Cornelisse, N. De Genova, M.B. Flynn, M.J. Flynn, M. Grange, N. Hiemstra, I. Majcher, G. Mitchell, A. Mountz, C. Munoz, D. Schriro, H. Singh Bhui, Z. Steel, D. Wilsher, M.P. Young, P. Young