Combining conflict studies and feminist perspectives on everyday violence, this book analyses games and push-backs, which are vectors to migrants' border crossing attempts and violence that aims to deter their journeys at the Bosnian-Croatian border. It questions how these diverse forms of violence are experienced, not treating violence as singular episodes but rather paying attention to how migrants make meaning of it across months and years. The author examines direct violence and its symbiosis with structural harms and questions how these turn into an everyday, concrete, and intimate processes at the border. She also questions who this violence targets, where it takes place, and asks whether and how the dominant assumptions about race and gender impact men's migration journeys. The book will appeal to scholars and postgraduate students interested in issues of migration, violence, masculinities, racialization, the European Union's border governance, and scholar activism.

This book analyses Chile's "truth and justice" policies implemented between 1990 and 2013. The book's central assumption is that human rights policies are a form of public policy and consequently they are the product of compromises among different political actors. Because of their political nature, these incomplete "truth and justice" policies instead of satisfying the victims' demands and providing a mechanism for closure and reconciliation generate new demands and new policies and actions. However, these new policies and actions are partially satisfactory to those pursuing justice and the truth and unacceptable to those trying to protect the impunity structure built by General Pinochet and his supporters. Thus, while the 40th anniversary of the violent military coup that brought General Pinochet to power serves as a milestone with which to end this policy analysis, Chile's human rights historical drama is unfinished and likely to generate new demands for truth and justice policies.

This book puts forward proposals for solutions to the current gaps between the Mexican legal order and the norms and principles of international criminal law. Adequate legislative measures are suggested for compliance with international obligations. The author approaches the book's subject matter by tracing all norms related to the prosecution of core crimes and contextualizing each of the findings with a brief historical and political account. Additionally, state practice is analyzed, identifying patterns and inconsistencies. This approach is new in offering a wide perspective on international criminal law in Mexico. Relevant legal documents are analyzed and annexed in the book, providing the reader with a useful guide to the topics analyzed. Issues including the following are examined: the incorporation of core crimes in the Mexican legal order, military jurisdiction, the war crimes definition under Mexican law, unaddressed atrocities, state practice and future challenges to combat impunity. The book will be of relevance to legal scholars, students, practitioners of law and human rights advocates. It also offers interesting insights to political scientists, historians and journalists. Tania Ixchel Atilano has a Dr. Iur. from the Humboldt Universitat Berlin, an LLM in German Law from the Ludwig Maximilian Universitat, Munich, and attained her law degree at the ITAM in Mexico City.

This book offers a legal and socio-political analysis of the Brazilian Program for the Protection of Human Rights Defenders. Discussing Colombian, Guatemalan and Mexican experiences, it fills a gap in the literature regarding Latin American public policy by investigating the creation, work, beneficiaries, broader effects, challenges, and effective ways to improve the Brazilian Program.

Applying a broad geographical approach to comparative Latino literary and cultural studies, Continental Shifts illuminates how the discursive treatment of Latinos changed dramatically following the enactment of NAFTA-a shift exacerbated by 9/11. While previous studies of immigrant representation have focused on single regions (the US/Mexico border in particular), specific genres (literature vs. political rhetoric), or individual groups, Continental Shifts unites these disparate discussions in a provocative, in-depth examination. Bringing together a wide range of groups and genres, this intercultural study explores novels by Latin American and Latino writers, a border film by Tommy Lee Jones and Guillermo Arriaga, "viral" videos of political speeches, popular television programming (particularly shows that feature incarceration and public shaming), and user-generated YouTube videos. These cultural products reveal the complexity of Latino representations in contemporary discourse. While tropes of Latino migrants as threatening, diseased foreign bodies date back to the nineteenth century, Continental Shifts marks the more pernicious, recent images of Latino laborers (legal and not) in a variety of contemporary media. Using vivid examples, John Riofrio demonstrates the connections between rhetorical and ideological violence and the physical and psychological violence that has more intensely plagued Latino communities in recent decades. Culminating with a consideration of the "American" identity, this eye-opening work ultimately probes the nation's ongoing struggle to uphold democratic ideals amid dehumanizing multiethnic tension.

This book presents a comprehensive examination of the Declaration on Human Rights Defenders and provides an analysis of the level of its reflection in regional human rights systems. The work explores the development of the role of the individual in human rights protection since the 1998 United Nations Declaration on Human Rights Defenders. It locates the nature, activities and need for protection of human rights defenders within the current international legal framework and outlines the place and scope for a specific right to promote and protect human rights. It traces the origins of the right and the main international instruments that define it, both at national and international level. Finally, it considers the impact that the right to defend human rights can have on constitutional and international law. The book will be a valuable resource for academics and researchers working in the areas of International Human Rights Law and Constitutional Law.

Transitional justice in process is the first book to comprehensively study the Tunisian transitional justice process. After the fall of the Ben Ali regime in 2011, Tunisia swiftly began dealing with its authoritarian past and initiated a comprehensive transitional justice process, with the Truth and Dignity Commission as its central institution. However, instead of bringing about peace and justice, transitional justice soon became an arena of contention. Through a process lens, the book explores why and how the transitional justice process evolved, and explains how it relates to the country's political transition. Based on extensive field research in Tunisia and the United States, and interviews with a broad range of Tunisian and international stakeholders and decision-makers, Transitional justice in process provides an in-depth analysis of a crucial period, beginning with the first initiatives aimed at dealing with the past and seeking justice and accountability. It discusses the development and design of the transitional justice mandate, and looks at the performance of transitional justice institutions in practice. It examines the role of international justice professionals in different stages of the process, as well as the alliances and frictions between different actor groups that cut across the often-assumed local-international divide. Transitional justice in process makes an essential contribution to literature on the domestic and international politics of transitional justice, and in particular to the understanding of the Tunisian transitional justice process. -- .

This book uses a practice-driven and empirically founded approach to address the question of whether and how international attention can protect and enable domestic human rights activists in authoritarian settings. It examines the untold origin story of the ‘human rights defender’ term and its uptake among international advocacy organizations, which coalesced with the rise of a theory of human rights change centered around the support for local actors. Rich with analyses of original qualitative and quantitative data, the author spells out this theory of change and tests its assumptions in two case studies: the individual casework of the UN special procedures, and the case of Tunisia under Ben Ali. This book is of key interest to scholars and students of human rights, of the United Nations, and more broadly of international relations and politics in general, and to practitioners working with human rights defenders at risk.

This book brings a new focus to the ongoing debate on holding perpetrators of massive humanitarian and human rights violations accountable in countries in transition. It provides a clear-cut and comprehensive legal analysis of the content and nature of a state's obligations to investigate and prosecute as enshrined in the most important humanitarian and human rights treaties; it disentangles the common fallacy that these procedural obligations are naturally rooted and clearly spelled out in the general human rights treaties; and it explains the flaws in an absolutist interpretation. This analysis serves to understand whether such procedural obligations, if narrowly construed, act as impediments to countries emerging from periods of conflict or systematic repression in the face of contingent circumstances and the formidable dilemmas raised by a univocal understanding of justice as retribution. Exploring the latest instances of interpretation and application via an analysis of state practice, the jurisprudence of treaty bodies, international courts and tribunals, soft law instruments, and doctrinal contributions, the book also addresses the complex issue of amnesty, and other transitional justice mechanisms designed to restore peace and facilitate transition traditionally included in national reconciliation programs, and criticizes the contention that amnesty is always prohibited by international law. It also considers these problems from the viewpoint of the International Criminal Court, focusing on the cases of Uganda and Colombia after the 2016 peace agreement. Lastly, the volume offers a detailed analysis of techniques that may neutralize relevant obligations under international law, such as denunciation, derogation, limitation, and the public international law defenses of force majeure and necessity. Drawing attention to the importance of a multidisciplinary and practical approach to these unsettling questions, and endorsing a pluralistic notion of accountability, the book will appeal to legal scholars and transitional justice experts as well as practitioners, human rights advocates, and government officials. Dr Jacopo Roberti di Sarsina is an International Law Expert at the Alma Mater Studiorum - University of Bologna School of Law, and a dual-qualified lawyer (Italy and New York). He completed a PhD in public international law, label Doctor Europaeus, at the School of International Studies, University of Trento, holds an LLM from NYU School of Law, and read law at the University of Bologna.

A fascinating study of the contribution of ordinary men and women to Spain's democratic transition of the 1970s. Radcliff argues that participants in neighbourhood and other associations experimented with new practices of civic participation that put pressure on the authoritarian state and made the building blocks of a future democratic citizenship.

This book, exploring the theoretical and practical implications of the United Nations Convention on the Rights of Persons with Disabilities (CRPD), brings together an international and interdisciplinary group of leading researchers in the areas of philosophy of disability, disability law, and disability policy. It addresses both the philosophical foundations of the CRPD as well as complex contemporary legal and policy debates. With a comprehensive introduction outlining key milestones in the development and implementation of the CRPD, the book addresses the most fundamental questions the CRPD raises for the way we think about human rights, law, and disability, and how we operationalize rights in the legal and policy domains. The contributors traverse themes of personhood, equality, capacity, and intersectionality, explore the dilemmas involved in translating these concepts in practice, and reflect on the promises and limitations of the human rights project.

This collection of original essays explores policy perspectives on selected contemporary issues as they relate to black Americans and provides an analysis of recent policy decisions in terms of the resultant benefits and burdens to the black community. The major concern of Contemporary Public Policy Perspectives and Black Americans is to determine whether the current public policy objectives are meeting the needs of America's black population. The issues examined herein include public policies in the areas of urban crisis, Reaganomics, public employment, minority business enterprise, energy, the military, police, affirmative action, health, the economy, and futures and ethics policies. In discussing policy issues and their distributional benefits and results, opportunities for individual advancement are scrutinized. This scrutiny, Rice and Jones contend, is the only way to consider and discuss the equity of policy issues for black Americans.

"Engendering Human Rights" explores the obstacles African women must overcome to obtain and protect their human rights. The essays in this important volume represent a varied group of distinguished scholars, activists, and practitioners, and incorporate gendered perspectives on the formulating, monitoring, reporting, and implementation of human rights in Africa and the African Diaspora in an age of globalization. Contributors tackle issues ranging from reproductive health and rights, immigration, religion, and spousal abuse to cultural imperatives, legal and constitutional reforms, and the arts." Engendering Human Rights "is an excellent resource for scholars in human rights, public health, literature, gender/women's studies, cultural studies, and African studies.

This open access book analyses the interplay of sustainable development and human rights from different perspectives including fight against poverty, health, gender equality, working conditions, climate change and the role of private actors. Each aspect is addressed from a more human rights-focused angle and a development-policy angle. This allows comparisons between the different approaches but also seeks to close gaps which would remain if only one perspective would be at the center of the discussions. Specifically, the book shows the strong connections between human rights and the objectives of the 2030 Agenda for Sustainable Development and the Sustainable Development Goals adopted by the United Nations in 2015. Already the preamble of this document explicitly states that "the 17 Sustainable Development Goals ... seek to realise the human rights of all". Moreover, several goals and targets of the 2030 Agenda correspond to already existing individual human rights obligations. The contributions of this volume therefore also address how the implementation of human rights and SDGs can reinforce each other, but also point to critical shortcomings of the different approaches.

This book focuses on transnationalism as a key concept to evaluate how Europe experiences, perceives and responds to current cross-border security challenges from a legal and political perspective. The chapters in this volume specifically provide state-of-the-art accounts on several legal and political developments that have recently taken place in relation to transnational issues, such as terrorism, irregular migration and human rights violations. It specifically discusses how Europe experiences, perceives and responds to security challenges with the expectation to identify those facets of transnationalism that would ‘equally’ concern political scientists and legal scholars, especially those working on subjects pertaining to the EU governance. Through a timely analysis of the specificities of these cases, the book contributes to a much wider debate on whether and to what extent the changes and practices identified are still in accordance with cornerstones of the EU governance project, such as fundamental freedoms, democracy and the rule of law. Overall, the book provides a fresh reading on the current status of security across Europe and the way it is understood and practiced from a multidisciplinary perspective With a revised introduction and a new conclusion, this edited volume this is the ideal companion for students, researchers and practitioners interested in law, public policy and administration, and security. This book was originally published in the Journal of Contemporary European Studies.

Many view civil wars as violent contests between armed combatants. But history shows that community groups, businesses, NGOs, local governments, and even armed groups can respond to war by engaging in civil action. Characterized by a reluctance to resort to violence and a willingness to show enough respect to engage with others, civil action can slow, delay, or prevent violent escalations. This volume explores how people in conflict environments engage in civil action, and the ways such action has affected violence dynamics in Syria, Peru, Kenya, Northern Ireland, Mexico, Bosnia, Afghanistan, Spain, and Colombia. These cases highlight the critical and often neglected role that civil action plays in conflicts around the world.

"This moving account of a key figure in American history contributes greatly to our understanding of the past. It also informs our vision of the servant leader needed to guide the 1990s movement."
--"Marian Wright Edelman, President, Children's Defense Fund"

"First-rate intellectual and political history, this study explores the relations between the practical objectives of SNCC and its moral and cultural goals."
--"Irwin Unger, Author of These United States and Postwar America"

"Robert Moses emerges from these pages as that rare modern hero, the man whose life enacts his principles, the rebel who steadfastly refuses to be victim or executioner and who mistrusts even his own leadership out of commitment to cultivating the strength, self-reliance, and solidarity of those with and for whom he is working. Eric Burner's engrossing account of Robert Moses's legendary career brings alive the everyday realities of the Civil Rights Movement, especially the gruelling campaign for voter registration and political organization in Mississippi."
--"Elizabeth Fox-Genovese, Eleonore Raoul Professor of the Humanities, Emory University, author of Within the Plantation Household: Black and White Women of the Old South"

Next to Martin Luther King, Jr. and Malcolm X, Bob Moses was arguably one of the most influential and respected leaders of the civil rights movement. Quiet and intensely private, Moses quickly became legendary as a man whose conduct exemplified leadership by example. He once resigned as head of the Council of Federated Organizations because "my position there was too strong, too central." Despite his centrality to the most important social movement in modern American history, Moses' life and the philosophy on which it is based have only been given cursory treatment and have never been the subject of a book-length biography.

Biography is, by its very nature, a complicated act of recovery, even more so when the life under scrutiny deliberately avoids such attention. Eric Burner therefore sets out here not to reveal the "secret" Bob Moses, but to examine his moral philosophy and his political and ideological evolution, to provide a picture of the public person. In essence, his book provides a primer on a figure who spoke by silence and led through example.

Moses spent almost three years in Mississippi trying to awaken the state's black citizens to their moral and legal rights before the fateful summer of 1964 would thrust him and the Freedom Summer movement into the national spotlight. We follow him through the civil rights years -- his intensive, fearless tradition of community organizing, his involvements with SNCC and the Mississippi Freedom Democratic Party, and his negotiations with the Department of Justice --as Burner chronicles both Moses' political activity and his intellectual development, revealing the strong influence of French philosopher Albert Camus on his life and work.

Moses' life is marked by the conflict between morality and politics, between purity and pragmatism, which ultimately left him disillusioned with a traditional Left that could talk only of coalitions and leaders from the top. Pursued by the Vietnam draft board for a war which he opposed, Moses fled to Canada in 1966 before departing for Africa in 1969 to spend the next decade teaching in Tanzania. Returning in 1977 under President Carter's amnesty program, he was awarded a five-year MacArthur genius grant in 1982 to establish and develop an innovative program to teach math to Boston's inner-city youth called the Algebra Project. The success of the program, which Moses has referred to as our version of Civil Rights 1992, has landed him on the cover of The New York Times Magazineemphasizing the new, central dimension that math and computer literacy lends to the pursuit of equal rights.

And Gently He Shall Lead Them is the story of a remarkable man, an elusive hero of the civil rights movement whose flight from adulation has only served to increase his reputation as an intellectual and moral leader, a man whom nobody ever sees, but whose work is always in evidence.

From his role as one of the architects of the civil rights movement thirty years ago to his ongoing work with inner city children, Robert Moses remains one of America's most courageous, energetic, and influential leaders. Wary of the cults of celebrity he saw surrounding Martin Luther King, Jr. and Malcolm X and fueled by a philosophy that shunned leadership, Moses has always labored behind the scenes. This first biography, a primer in the life of a unique American, sheds significant light on the intellectual and philosophical worldview of a man who is rarely seen but whose work is always in evidence.

This book contributes to existing debates on the Responsibility to Protect (R2P) by demonstrating new advocacy strategies and the greater interconnectedness of various R2P proponents. In 2021, the UN General Assembly adopted a new resolution on R2P, which reaffirmed its commitment from the 2005 World Summit Outcome and put R2P on the annual agenda. For many R2P proponents, this was another manifestation of worldwide R2P relevance and of growing support among UN members to protect people from genocide, war crimes, ethnic cleansing and crimes against humanity. Yet the existing crises in Myanmar, Venezuela, Belarus, Syria and many others revealed the widening gap between the discourse and practice. This book aims to find out what keeps the concept alive despite its indisputable pitfalls. In contrast to existing studies that treat the R2P endorsement or contestation as intertwined processes of norm evolution, it argues that the status of R2P has been accomplished by the conscious politics of its advocates operating in complex global networks. As such, the book puts emphasis on the agency of R2P champions and examines who keeps the idea resonating and how they manage to preserve its worldwide relevance. Rather than proposing a new model of advocacy, the book aims to pinpoint the politics of R2P's circulation, the importance of individual R2P champions and their interconnectedness through innovative forms of cooperation within complex networks. This book will be of much interest to students of the R2P, diplomacy, human rights, foreign policy and International Relations.

aa magnificently rich, highly critical, at times deeply challenging and troubling, and perhaps even paradigm-shifting, collection of works that has been authored by some of the most progressive and interrogative scholars of our time. In their analysis, none of the contributors take anything for granted; they relentlessly push against parochial closures that obscure the possible contours of a re-imagined relationship between human rights and the environment. The book ultimately succeeds in offering a new juridical imaginary for those of us who are concerned with the deeply troubled and complex relationship between human rights and the environment.' - Louis J. Kotze, North-West University, South Africa, University of Lincoln, UK and Global Network for the Study of Human Rights and the EnvironmentIn the climate-pressed Anthropocene epoch, nothing could be more urgent than fresh engagements with the fractious relationships between 'humanity', law and the living order. This timely book intelligently combines theoretical reflections, doctrinal analyses and insights drawn from rights-based praxis to offer thoughtful - and at times provocative - engagements with the limitations of law as it faces the complexities of contemporary socio-ecological life-worlds in an age of climate crisis. Leading scholars in the field discuss, in four parts, Philosophical Investigations, Reconfiguring the Legal, Activism and Praxis, and Multi-level Reformulations, to offer imaginative intellectual engagements with a range of challenges vexing the human-environmental-legal 'interface'. Scholars and students of human rights and environmental law and practitioners in the field alike will find the book to be a timely and thoughtful engagement with urgent human dilemmas. Contributors: D. Bollier, L. Code, S. Coyle, K. Donald, G.N. Gill, E. Grant, A. Grear, T. Kerns, A. Philippopoulos-Mihalopoulos, M. Pieraccini, B.H. Weston

This progressive volume furthers the interreligious, international and interdisciplinary understanding of the role of religion in the area of human rights. Building bridges between the often-separated spheres of academics, policy makers and practitioners, it draws on the expertise of its authors alongside historical and contemporary examples of how religion's role in human rights manifests. At the core of the book are four case studies, dealing with Hinduism, Judaism, Christianity and Islam. Authors from each religion show the positive potential that their faith and its respective traditions has for the promotion of human rights, whilst also addressing why and how it stands in the way of fulfilling this potential. Addressed to policy makers, academics and practitioners worldwide, this engaging and accessible volume provides pragmatic studies on how religious and secular actors can cooperate and contribute to policies that improve global human rights.

This book discusses a broadly understood phenomenon of protest from several perspectives, including historical, cultural, social, political, environmental and semiotic. Through their analyses, the authors undertake to envision the possible evolution of the forms of contestation in the further decades of the 21st century, taking into account the specificity of the globalization processes. A multi-dimensional approach offered in this volume makes it possible to capture and identify new features of contemporary contestation and those that seem unchanged despite the passage of time and altering audiences. Examples from Europe (France, Great Britain, Italy, Ireland, Malta, Bulgaria, Poland, Belarus, Russia), America (USA, Mexico, Chile) and Far East (Hong Kong & China) are relevant case studies that show the faces of contestation, while reaching for new or modified rhetoric, symbolism, communication channels and the so-called modus operandi of protest initiators, active and passive participants, short- and long-distant observers. The book can be of value to a wide audience, particularly to the researchers studying contestation, social resistance, individual and collective disobedience, crisis management, and cultural/social dynamic of protests. It will also be of interested to experts and individuals from outside the academia like civil activists, practitioners and NGOs compelled by contemporary processes (tensions) occurring between the state, power, society and individuals.

In this book I argue for an approach that conceives human rights as both moral and legal rights. The merit of such an approach is its capacity to understand human rights more in terms of the kind of world free and reasonable beings would like to live in rather than simply in terms of what each individual is legally entitled to. While I acknowledge that every human being has the moral entitlement to be granted living conditions that are conducive to a dignified life, I maintain, at the same time, that the moral and legal aspects of human rights are complementary and should be given equal weight. The legal aspect compensates for the limitations of moral human rights the observance of which depends on the conscience of the individual, and the moral aspect tempers the mechanical and inhumane application of the law. Unlike the traditional or orthodox approach, which conceives human rights as rights that individuals have by virtue of their humanity, and the political or practical approach, which understands human rights as legal rights that are meant to limit the sovereignty of the state, the moral-legal approach reconciles law and morality in human rights discourse and underlines the importance of a legal framework that compensates for the deficiencies in the implementation of moral human rights. It not only challenges the exclusively negative approach to fundamental liberties but also emphasizes the necessity of an enforcement mechanism that helps those who are not morally motivated to refrain from violating the rights of others. Without the legal mechanism of enforcement, the understanding of human rights would be reduced to simply framing moral claims against injustices. From the moral-legal approach, the protection of human rights is understood as a common and shared responsibility. Such a responsibility goes beyond the boundaries of nation-states and requires the establishment of a cosmopolitan human rights regime based on the conviction that all human beings are members of a community of fate and that they share common values which transcend the limits of their individual states. In a cosmopolitan human rights regime, people are protected as persons and not as citizens of a particular state.

Violence, deception, fraud and abuse have always been commonplace occurrences for migrants, not only in their final country of destination but also in their countries of origin and countries of transit. In today's world, the link between mobility and security issues is ever-increasing. Acknowledging this, how can we work to protect and improve migrants' rights? Is the protection for migrants offered by the EU sufficient as-is, or is a more integrated approach that requires greater cooperation from migrants' country of origin called for? What role can the private sector play in all of this? In this book, Borraccetti brings together contributions that analyse how migrant exploitation can be combatted. All essays focus on the protection and promotion of human rights and pay particular attention to the rights of children and other vulnerable people.

This book challenges the received scholarship on the origins of the African Charter on Human and Peoples' Rights. The author applies economic and social theory to understanding the African Commission's dynamic treaty interpretation, and the Commission's strategic manipulation of the Rules of Procedure to strengthen the African human rights system.

This book explores the human right to housing, presenting the findings of a global discourse analysis to analyse the right to housing from the perspective of theories on land policy and social citizenship. The book concludes that planners and policy makers will not be able to completely fulfil the human right to housing. For that reason, the book presents a theory of de-commodification of land use that highlights the meaning of land use rights for people affected by inadequate housing. Students and scholars across a range of disciplines, including social policy, global social policy, human rights law, discourse theory, and sociology will find this study of interest.