This book examines the current status of environmental human rights at the international, regional, and national levels and provides a critical analysis of possible future developments in this area, particularly in the context of a changing climate. It examines various conceptualisations of environmental human rights, including procedural rights relating to the environment, constitutional environmental rights, the environmental dimensions of existing human rights such as the rights to water, health, food, housing and life, and the notion of a stand-alone human right to a healthy environment. The book addresses the topic from a variety of perspectives, drawing on underlying theories of human rights as well as a range of legal, political, and pragmatic considerations. It examines the scope of current human rights, particularly those enshrined in international and regional human rights law, to explore their application and enforceability in relation to environmental problems, identifying potential barriers to more effective implementation. It also analyses the rationale for constitutional recognition of environmental rights and considers the impact that this area of law has had, both in terms of achieving stronger environmental protection and environmental justice, as well as in influencing the development of human rights law more generally. The book identifies climate change as the key environmental challenge facing the global community, as well as a major cause of negative human rights impacts. It examines the contribution that environmental human rights might make to rights-based approaches to climate change.

This book analyses post-deportation outcomes and focuses on what happens to migrants and failed asylum seekers after deportation. Although there is a growing literature on detention and deportation, academic research on post-deportation is scarce. The book produces knowledge about the consequences of forced removal for deportee's adjustment and "reintegration" in so-called "home" country. As the pattern of migration changes, new research approaches are needed. This book contributes to establish a more multifaceted picture of criminalization of migration and adds novel aspects and approaches, both theoretically and empirically, to the field of migration research.

This book examines the ability of citizens across ten European countries to exercise their democratic rights to access their personal data. It presents a socio-legal research project, with the researchers acting as citizens, or data subjects, and using ethnographic data collection methods. The research presented here evidences a myriad of strategies and discourses employed by a range of public and private sector organizations as they obstruct and restrict citizens' attempts to exercise their informational rights. The book also provides an up-to-date legal analysis of legal frameworks across Europe concerning access rights and makes several policy recommendations in the area of informational rights. It provides a unique and unparalleled study of the law in action which uncovered the obstacles that citizens encounter if they try to find out what personal data public and private sector organisations collect and store about them, how they process it, and with whom they share it. These are simple questions to ask, and the right to do so is enshrined in law, but getting answers to these questions was met by a raft of strategies which effectively denied citizens their rights. The book documents in rich ethnographic detail the manner in which these discourses of denial played out in the ten countries involved, and explores in depth the implications for policy and regulatory reform.

Reparations programs seeking to provide for victims of gross and systematic human rights violations are becoming an increasingly frequent feature of transitional and post-conflict processes. Given that women represent a very large proportion of the victims of these conflicts and authoritarianism, and that women arguably experience conflicts in a distinct manner, it makes sense to examine whether reparations programs can be designed to redress women more fairly and efficiently and seek to subvert gender hierarchies that often antecede the conflict. Focusing on themes such as reparations for victims of sexual and reproductive violence, reparations for children and other family members, as well as gendered understandings of monetary, symbolic, and collective reparations, The Gender of Reparations gathers information about how past or existing reparations projects dealt with gender issues, identifies best practices to the extent possible, and articulates innovative approaches and guidelines to the integration of a gender perspective in the design and implementation of reparations for victims of human rights violations.

This book applies the dynamic field of transitional justice to conflict resolution in Israel/Palestine. Around the globe, diverse societies have pursued truth-telling, restorative justice and reconciliation to end conflict -- yet the language of transitional justice has been all but absent in Israel/Palestine. This volume squarely addresses how transitional justice could contribute to conflict transformation and accountability, incorporating the questions of collective justice, memory, and human rights. It covers the most important historical and legal issues facing Israel/Palestine with a focus on civil societies in South Africa, Northern Ireland and Latin America. Ultimately, the book proposes an unofficial Israeli-Palestinian Truth and Empathy Commission (IPTEC) to address gross human rights abuses committed by both nations. Transitional Justice for Israel/Palestine will be of interest to researchers, NGOs, and policy makers working in transitional justice and societies with ongoing conflict.

Focusing attention on the political ideas that were influential on as well as those that were central to the civil rights movement, this original study examines not only written texts but also oral history interviews to reveal a rich tradition of personal as well as political freedom that emerged from the movement. Making extensive use of interviews with movement participants to discover the language of freedom at the grass-roots level, King makes clear that, though liberal notions of freedom involving the absence of restrictions and equal protections were crucial to movement goals, the Exodus vision of collective liberation, group self-transformation, and participatory freedom figured just as prominently as the removal of barriers to social and political equality. King demonstrates how the creation of a sense of self-worth and freedom within the individual participants of the greater civil rights movement helped revitalize and extend African-American political culture. Along the way, notable individuals (such as Martin Luther King and Ella Baker, Stokely Carmichael and James Forman) and political thinkers (such as Hannah Arendt and Frantz Fanon) are discussed and analyzed. A significant contribution to an understanding of the basic ideas and issues of one of the most transformative movements of our time, Civil Rights and the Idea of Freedom concludes that the civil rights movement helped strengthen the meaning of citizenship and the political importance of self-respect in the contemporary world, with implications reaching far beyond its original setting and time period.

This book assesses the construction, operation and effects of the international protection regime for human rights defenders, which has evolved significantly over the last twenty years in response to the risks people face as they promote and protect human rights. Drawing upon the experiences of human rights defenders who continue to persevere in their activism in Indonesia, Egypt, Kenya, Mexico and Colombia, this edited collection examines the ways in which formal protection mechanisms by state and civil society actors intersect with self-protection measures and informal protection initiatives by families and friends. It highlights that protection practices are most effective when they are designed to address the specific risks that human rights defenders face (which are gendered and intersectional); reflect how defenders understand 'risk', 'security' and 'protection'; and are appropriate for the dynamic sociopolitical and legal contexts in which defenders operate. This book proposes ways in which the protection of human rights defenders at risk should be reimagined and practised. This book will be a thought-provoking guide for students and scholars of politics, international relations, law and human rights, as well as to practitioners engaged in the protection of human rights defenders at risk.

This book investigates how the intersection between gendered violence and human rights is depicted and engaged with in Africana literature and films. The rich and multifarious range of film and literature emanating from Africa and the diaspora provides a fascinating lens through which we can understand the complex consequences of gendered violence on the lives of women, children and minorities. Contributors to this volume examine the many ways in which gendered violence mirrors, expresses, projects and articulates the larger phenomenon of human rights violations in Africa and the African diaspora and how, in turn, the discourse of human rights informs the ways in which we articulate, interrogate, conceptualise and interpret gendered violence in literature and film. The book also shines a light on the linguistic contradictions and ambiguities in the articulation of gendered violence in private spaces and war. This book will be essential reading for scholars, critics, feminists, teachers and students seeking solid grounding in exploring gendered violence and human rights in theory and practice.

This book explores the extent of parallelism and cross-influence between Catholic Social Teaching and the work of the world's oldest human rights institution, the International Labour Organisation (ILO). Sometimes there is a mutual attraction between seeming opposites who in fact share a common goal. This book is about just such an attraction between a secular organisation born of the political desire for peace and justice, and a metaphysical institution much older founded to bring peace and justice on earth. It examines the principles evident in the teachings of the Catholic Church and in the secular philosophy of the ILO; together with the theological basis of the relevant provisions of Catholic Social Teaching and of the socio-political origins and basis of the ILO. The spectrum of labour rights covered in the book extends from the right to press for rights, i.e., collective bargaining, to rights themselves - conditions in work - and on to post-employment rights in the form of social security and pensions. The extent of the parallelism and cross-influence is reviewed from the issue of the Papal Encyclical of Pope Leo XIII Rerum Novarum (1891) and from the founding of the ILO in 1919. This book is intended to appeal to lay, professional and academic alike, and will be of interest to researchers and academics working in the areas of international human rights, theology, comparative philosophy, history and social and political studies. On 4 January 2021 it was granted an Imprimatur by the Roman Catholic Archbishop of Liverpool, Malcolm P. McMahon O.P., meaning that the Catholic Church is satisfied that the book is free of doctrinal or moral error.

This book reveals why the UN is more successful than unilateral great powers in protecting civilians from violence, and focuses on the discourse, development and consequences of UN peacekeeping. Analysing statistics of state fragility and fatalities of violence, it reveals that the UN has managed to save tens of thousands of lives with its peacekeeping: a surprising statistic given the media consensus about the UN's powerlessness and inefficiency. Using computer-assisted discourse analysis of resolutions from the UN Security Council, 1993-2019, the book offers data that describe the character and development of UN approach to the protection of civilians from violence. It then links the data to the statistics of conflict fatalities and state fragility to reveal, by means of qualitative and quantitative analysis, when, where, how and why the UN has been successful at protecting civilians. Two reasons for the UN's success are highlighted in the book as being statistically most significant. First, the organization offers local ownership to peaceful solutions by considering conflicting parties as the primary agents of protection. Second, the UN approach is much less power-oriented than unilateral approaches by the great powers: protection for the UN does not mean deterrence or destruction, but rather, support for local protectors of civilians. However, strong great power influence on such operations tends to weaken UN's ability to save lives. This book will be of much interest to students of humanitarian intervention, peacekeeping, human rights and International Relations in general.

This book explores developments in international law regarding the relationship between human rights law and international humanitarian law and their coapplicability in armed conflict situations. The work examines the jurisprudence of the international human rights courts and looks at the Inter-American and European Courts of Human Rights case law in dealing with new emergencies in armed conflicts. It argues that a new interpretation and application of the law is required to deal with current needs while remaining faithful to moral commitments made in the international arena. In this way, the book deals with recent cases and their rationale to build a new understanding of law and international policy that complies with the globalization process and progress towards an enhancement of the international community's legal framework. Combining the emergencies in armed conflicts with the mutual enforcement of human rights law and humanitarian law, this book holistically develops concepts and theories to present a pragmatic solution to moral quandaries over the targeting of civilians during armed conflict situations. The book will be a valuable resource for academics, researchers and policy-makers in the areas of international human rights and international humanitarian law.

This book compares Islamic and Western ideas of human rights in order to ascertain which human rights, if any, can be considered universal. This is a profound topic with a rich history that is highly relevant within global politics and society today. The arguments in this book are formed by bringing William Talbott's Which Rights Should Be Universal? (2005) and Abdulaziz Sachedina's Islam and the Challenge of Human Rights (2014) into conversation. By bridging the gap between cultural relativists and moral universalists, this book seeks to offer a new model for the understanding of human rights. It contends that human rights abuses are outcomes of complex systems by design and/or by default. Therefore, it proposes that a rigorous systems-thinking approach will contribute to addressing the challenge of human rights. Engaging with Islamic and Western, historical and contemporary, and relativist and universalist thought, this book is a fresh take on a perennially important issue. As such, it will be a first-rate resource for any scholars working in religious studies, Islamic studies, Middle East studies, ethics, sociology, and law and religion.

Non-governmental Organisations (NGOs) have become important, although sometimes overlooked, actors in international human rights law. Although NGOs are not generally provided for in the hard law of treaties, they use the UN human rights system to hold Governments to account. A key way in which they do so is using State reporting mechanisms, initially the UN treaty bodies, but more recently supplemented by the Human Rights Council's Universal Periodic Review. In doing so, NGOs provide information and contribute to developing recommendations. NGOs also lobby for new treaties, contribute to the drafting of these treaties, and bring individual's complaints to the UN human rights bodies. This book charts the historical development of the NGO role in the UN. It examines the UN regulation of NGOs but the largely informal nature of the role, and an exploration of the various types of NGOs, including some less benign actors such as GONGOs (Governmental NGOs). It also draws on empirical data to illustrate NGO influence on UN human rights bodies and gives voice to stakeholders both inside and outside the UN. The book concludes that the current UN human rights system is heavily reliant on NGOs and that they play an essential fact-finding role and contribute to global democratisation and governance.

This book focuses on protection needs and new aspects of personality and data protection rights on the Internet, presenting a comprehensive review that discusses and compares international, European and national (Brazilian, German, Pakistani) perspectives. It deals with overarching questions, such as whether universal minimum standards of privacy protection can be developed or how regional data protection rights can be safeguarded and enforced extraterritorially, given the conditions of the Internet. Furthermore, the book addresses new challenges and novel rights, e. g., data retention and protection against mass surveillance, the right to be forgotten, rights to anonymity, legal issues of the digital estate or rights relating to algorithmic decision-making. Furthermore, the book explores how well-known paradigms, such as liability for personality rights violations or damages, have to be adapted in view of the significant role of intermediaries.

This open access book focuses on the impact of Artificial Intelligence (AI) on individuals and society from a legal perspective, providing a comprehensive risk-based methodological framework to address it. Building on the limitations of data protection in dealing with the challenges of AI, the author proposes an integrated approach to risk assessment that focuses on human rights and encompasses contextual social and ethical values. The core of the analysis concerns the assessment methodology and the role of experts in steering the design of AI products and services by business and public bodies in the direction of human rights and societal values. Taking into account the ongoing debate on AI regulation, the proposed assessment model also bridges the gap between risk-based provisions and their real-world implementation. The central focus of the book on human rights and societal values in AI and the proposed solutions will make it of interest to legal scholars, AI developers and providers, policy makers and regulators. Alessandro Mantelero is Associate Professor of Private Law and Law & Technology in the Department of Management and Production Engineering at the Politecnico di Torino in Turin, Italy.

This book brings together African and American scholars on human rights and Africa, who look at the broad issues relating to global human rights within the specific context of Africa. The key concerns addressed include notions of traditional human rights, structural adjustment and its effect on human rights, regional integration and the right to development, and political liberalization. In addition to broad themes, the collection looks at instances of human rights concerns in specific states including Liberia (humanitarian intervention), Ghana, Nigeria, and Kenya (political liberalization and structural adjustment), Ethiopia (humanitarian assistance), Botswana (traditional human rights formulations), and South Africa (liberation struggle). The volume will be of particular interest to political scientists and legal scholars involved with current African issues as well as human rights organizations and church groups focusing on Africa.

A wide range of issues besieges women globally, including economic exploitation, sexist oppression, racial, ethnic, and caste oppression, and cultural imperialism. This book builds a feminist social justice framework from practices of women's activism in India to understand and work to overcome these injustices. The feminist social justice framework provides an alternative to mainstream philosophical frameworks that promote global gender justice: for example, universal human rights, economic projects such as microfinance, and cosmopolitanism. McLaren demonstrates that these frameworks are bound by a commitment to individualism and an abstract sense of universalism that belies their root neo-liberalism. Arguing that these frameworks emphasize individualism over interdependence, similarity over diversity, and individual success over collective capacity, McLaren draws on the work of Rabindranath Tagore to develop the concept of relational cosmopolitanism. Relational cosmopolitanism prioritizes our connections while, crucially, acknowledging the reality of power differences. Extending Iris Young's theory of political responsibility, McLaren shows how Fair Trade connects to the economic solidarity movement. The Self-Employed Women's Association and MarketPlace India empower women through access to livelihoods as well as fostering leadership capabilities that allow them to challenge structural injustice through political and social activism. Their struggles to resist economic exploitation and gender oppression through collective action show the vital importance of challenging individualist approaches to achieving gender justice. The book is a rallying call for a shift in our thinking and practice towards re-imagining the possibilities for justice from a relational framework, from independence to interdependence, from identity to intersectionality, and from interest to socio-political imagination.

This book examines the role played by domestic and international judges in the "flexibilization" of legal systems through general principles. It features revised papers that were presented at the Annual Conference of the European-American Consortium for Legal Education, held at the University of Parma, Italy, May 2014. This volume is organized in four sections, where the topic is mainly explored from a comparative perspective, and includes case studies. The first section covers theoretical issues. It offers an analysis of principles in shaping Dworkin's theories about international law, a reflection on the role of procedural principles in defining the role of the judiciary, a view on the role of general principles in transnational judicial communication, a study on the recognition of international law from formal criteria to substantive principles, and an inquiry from the viewpoint of neo-constitutionalism. The second section contains studies on the role of general principles in selected legal systems, including International Law, European Union Law as well as Common Law systems. The third section features an analysis of select legal principles in a comparative perspective, with a particular focus on the comparison between European and American experiences. The fourth and last section explores selected principles in given areas of law, including the misuse of the lex specialis principle in the relationship between international human rights law and international humanitarian law, the role of the judiciary in Poland as regards discrimination for sexual orientation, and the impact of the ECtHR case law on Italian criminal law with regard to the principle of legality. Overall, the book offers readers a thoughtful reflection on how the interpretation, application, and development of general principles of law by the judiciary contribute to the evolution of legal systems at both the domestic and international levels as well as further their reciprocal interactions.

This book explores the current human rights crisis created by the War on Drugs in Mexico. It focuses on three vulnerable communities that have felt the impacts of this war firsthand: undocumented Central American migrants in transit to the United States, journalists who report on violence in highly dangerous regions, and the mourning relatives of victims of severe crimes, who take collective action by participating in human rights investigations and searching for their missing loved ones. Analyzing contemporary novels, journalistic chronicles, testimonial works, and documentaries, the book reveals the political potential of these communities' vulnerability and victimization portrayed in these fictional and non-fictional representations. Violence against migrants, journalists, and activists reveals an array of human rights violations affecting the right to safe transit across borders, freedom of expression, the right to information, and the right to truth and justice.

This book explores the EU law notion of 'individual rights'. It examines which sorts of rules grant EU legal rights to individuals, how it is decided if a right is conferred, and which individuals may claim the judicial protection of a right. It further discusses the legal implications and consequences of holding an EU legal right with respect to the interpretation and application of EU law in general and to specific remedies such as declaratory remedies, injunctions, restitution and damages. On a more overarching level, the book explores the question of how the idea of EU law rights relates to other fundamental EU law concepts such as the principles of effectiveness and direct effect, and discusses the legal stringency of the EU courts' 'rights language' in light of the overall aim of European integration. It thus contributes to the body of literature that aims to shed new light on the borders of the sui generis legal order that is EU law.

1. This book contributes to research in the popular area of protest policing. However, unlike other books on the topic, this book considers specific police operational tactics, written by a police insider. 2. Courses on policing are popular at undergraduate, though this will be particularly useful reading for students on a professional policing degree.

This book offers a unique Australian perspective on the global crisis in refugee protection. Using performance as both an object and a lens, this volume explores the politics and aesthetics of migration control, border security and refugee resistance. The first half of the book, titled On Stage, examines performance objects such as verbatim and documentary plays, children's theatre, immersive performance, slam poetry, video art and feature films. Specifically, it considers how refugees, and their artistic collaborators, assert their individuality, agency and authority as well as their resistance to cruel policies like offshore processing through performance. The second half of the book, titled Off Stage, employs performance as a lens to analyse the wider field of refugee politics, including the relationship between forced migrants and the forced displacement of First Nations peoples that underpins the settler-colonial state, philosophies of cosmopolitanism, the role of the canon in art history and the spectacle of bordering practices. In doing so, it illuminates the strategic performativity-and nonperformativity-of the law, philosophy, the state and the academy more broadly in the exclusion and control of refugees. Taken together, the chapters in this volume draw on, and contribute to, a wide range of disciplines including theatre and performance studies, cultural studies, border studies and forced migration studies, and will be of great interest to students and scholars in all four fields.

1. This book contributes to research in the popular area of protest policing. However, unlike other books on the topic, this book considers specific police operational tactics, written by a police insider. 2. Courses on policing are popular at undergraduate, though this will be particularly useful reading for students on a professional policing degree.

How Democracy Survives explores how liberal democracy can better adapt to the planetary challenges of our time by evolving beyond the Westphalian paradigm of the nation state. The authors bring perspectives from Africa, Asia, Europe, Latin America, and North America, their chapters engaging with the concept of transnational democracy by tracing its development in the past, assessing its performance in the present, and considering its potential for survival in this century and beyond. Coming from a wide array of intellectual disciplines and policymaking backgrounds, the authors share a common conviction that our global institutions-both governments and international organizations-must become more resilient, transparent, and democratically accountable in order to address the cascading political, economic, and social crises of this new epoch, such as climate change, mass migration, more frequent and severe natural disasters, and resurgent authoritarianism. This book will be relevant for courses in international relations and political science, environmental politics, and the preservation of democracy and federalism around the world.

Provides a broader, more global perspective compared to other volumes which focus more narrowly on a Western-centric viewpoint and examined in post-war isolation. Fully updated volume featuring new material on recent historical and interdisciplinary debates, developments between the world wars, causation, regions such as Africa, and the mix of setbacks and rights expansion during the past fifteen years. Written by a highly-respected author with notable track record, it provides social and political perspectives with a cross-disciplinary appeal.