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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
Includes relational and Jungian approaches as well as trauma and dissociation theory, ritual abuse and mind control literature. Focuses on four key clinical case studies.
The text underscores the equality and universality of human rights by applying the human rights framework to cases representing all regions of the world and countries at all stages of economic development-including comparative cases on juvenile justice in the US, persecution of Muslims in China, the Flint, MI water crisis, ISIS and sexual assault of Yazidi women, genocide, human trafficking, truth and reconciliation in South Africa and Greensboro, NC. It captures the contested and dynamic nature of human rights change by focusing on the human rights claims made by human rights defenders. It demonstrates to an American undergraduate audience how to put theory into practice by using contemporary American political problems as examples and by including a guide to campus- and community-based advocacy-a human rights toolkit.
This book explores fundamental topics concerning the functioning of the judiciary. The authors - class scholars, international judges and jurists from a diverse range of countries - address general theoretical issues in connection with judicial power, the role and functioning of international courts, international standards concerning the organization of national judiciaries, and the role of domestic courts in international relations, as well as alternative means of settling disputes. The book contributes a novel and valuable global perspective on burning issues, especially on judicial power and independence in a time in which illiberal and authoritarian regimes are constantly seeking to diminish the role of the judiciary.
In a world gripped by an ever-worsening ecological crisis there are present and increasing genocidal pressures on many culturally distinct social groups, such as indigenous peoples. This is where the genocide-ecocide nexus presents itself. The destruction of ecosystems, ecocide, can be a method of genocide if, for example, environmental destruction results in conditions of life that fundamentally threaten a social group's cultural and/or physical existence. Given the looming threat of runaway climate change, the attendant rapid extinction of species, destruction of habitats, ecological collapse and the self-evident dependency of the human race on our bio-sphere, ecocide (both "natural" and "manmade") will become a primary driver of genocide. Through nine chapters of cutting-edge research, this book examines specific case studies in geographical settings such as Iraq, Sudan, Nigeria and Brazil, to highlight and analyse the crucial connections and vectors of the genocide-ecocide nexus. This book will be of great value to scholars, students and researchers interested in the ecological crisis, Environmental Justice, the political economy of genocide and ecocide as well as environmental human rights. The chapters in this book were originally published as a special issue of The Journal of Genocide Research.
This book illuminates the decision-making processes of the US Supreme court through an examination of several prisoners' rights cases. In 1964, the Supreme Court declined to hear prisoners' claims about religious freedom. In 2014, the Supreme Court heard a case that led to the justices' unanimous endorsement of a Muslim prisoner's religious right to grow a beard despite objections from prison officials. In the fifty-year span between those two events, the Supreme Court developed the law concerning rights for imprisoned offenders. As demonstrated in this book, the factors that shape Supreme Court decision making are well-illustrated by prisoners' rights cases. This area of law illuminates competing approaches to constitutional interpretation, behind-the-scenes interactions among the justices, and the manipulation of legal precedents. External actors also affect the Supreme Court and its decisions when the president appoints new justices and Congress targets the judiciary with legislative enactments. Because of the controversial nature of prisoners' rights issues, these cases serve to illuminate the full array of influences over Supreme Court decision making.
This book is an examination and critique of the methods employed by the United Nations in adopting human rights instruments. Three of the major instruments - the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination Against Women, and the International Convention on Civil and Political Rights - are selected for detailed study. The author concludes that the present system of law-making is inadequate and points to many examples of unclear provisions and of overlap and conflict within a single instrument or between instruments. In order that this important function of the organized international community, that of protecting human rights, can work effectively, improvements in law-making techniques are necessary, and Professor Meron concludes with some suggestions for reforms both of the institutions and of the process itself.
This important book outlines how, despite varying levels of global socio-economic development, governments around the world can guarantee their citizens' fundamental right to basic healthcare. Grounded in the philosophical position that healthcare is an essential element to human dignity, the book moves beyond this theoretical principle to offer policy-makers a basis for health policies based on public accountability and social responsiveness. Also emphasizing the importance of global co-operation, particularly in the area of health promotion and communication, it addresses, too, the issue of financial sustainability, suggesting robust mechanisms of economic and social regulation. New opportunities created by e-health, evidence-based data and artificial intelligence are all highlighted and discussed, as is the issue of patient rights. Students and researchers across bioethics, public health and medical sociology will find this book fascinating reading, as will policy-makers in the field.
This study on cross cultural perspectives in child advocacy deals with various topics, including support for children's issues, the factors that influence reporting of suspected child abuse and child advocacy's application to education professionals. The study looks at issues from around the world.
Australia has one of the harshest immigration detention regimes in the world, labelled cruel and degrading and a crime against humanity; these policies have been widely condemned. This book calls for a shift in how the healthcare community approaches Australian immigration detention, calling for non-violent resistance to be incorporated in future efforts that seek change. Fundamentally, such an approach recognizes that if change is to be realized a shift is needed beyond evidence and reasoned argument; future efforts need to confront injustice, resisting and undermining what creates and sustains these policies. This book provides a rationale for such action and considers the justification of three different 'types' of action in detail; strike action, whistleblowing and principles disobedience.
This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.
This second edition of Ethnic Conflict in World Politics is an introduction to a new era in which civil society, states, and international actors attempt to channel ethnic challenges to world order and security into conventional politics. From Africa's post-colonial rebellions in the 1960s and 1970s to anti-immigrant violence in the 1990s the authors survey the historical, geographic, and cultural diversity of ethnopolitical conflict. Using an analytical model to elucidate four well-chosen case studies--the Kurds, the Miskitos, the Chinese in Malaysia, and the Turks in Germany--the authors give students tools for analyzing emerging conflicts based on the demands of nationalists, indigenous peoples, and immigrant minorities throughout the world. The international community has begun to respond more quickly and constructively to these conflicts than it did to civil wars in divided Yugoslavia and genocide in Rwanda by using the emerging doctrines of proactive peacemaking and peace enforcement that are detailed in this book. Concludes by identifying five principles of international doctrine for managing conflict in ethnically diverse societies. The text is illustrated with maps, tables, and figures.
This book is a contemporary socio-legal study of Australia's protection of economic and social rights. Despite Australia's hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia's compliance across the policy areas of health, housing, labour and social security, it is argued that Australia's failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.
Addressing the problem of reconciling China's voting record in the UN on human rights and repressive policy at home, this book argues that domestic factors determine the way the Chinese government acts on wider human rights issues. China has a very active voting record in the United Nations General Assembly (UNGA) on human rights resolutions and is active internationally on such rights, something at odds with its increasing repression of human rights at home. Using rational choice's emphasis on actors acting to advance their preferences, the author argues that it is the perceived domestic threat to the rule of the Chinese Communist Party (CCP) that determines the way the Chinese government acts on the human rights issues explored in this book. The author documents the pattern of this relationship through an in-depth examination of China's voting in the UNGA on human rights issues, and statements made by Chinese delegates in the UN on human rights issues. This book will appeal to students of China, human rights, international relations, and international organizations, and for both state and non-state actors seeking to advance policy changes regarding China and human rights. In addition, the findings have policy implications for INGOs and states seeking to influence China's policies.
This book presents a model for reforming and developing Indigenous related legislation and policy, not only in Australia, but also in other jurisdictions. The model provides guidance about how to seek, listen to and respond to the voices of Indigenous children and young people. The participation of Indigenous children and young people, when carried out in a culturally and age-appropriate way and based on free, prior and informed consent, is an invaluable resource capable of empowering children and young people and informing Indigenous related legislation and policy. This project contributes to the emerging field of robust, ethically sound, participatory research with Indigenous children and young people and proposes ways in which Australian and international legislators and policymakers can implement the principle of children's participation by involving Aboriginal children and young people in the development of law and policy pertaining to their lives. This book provides accounts from Aboriginal children and young people detailing their views on how they can be involved in law and policy development in the future. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers, legislators, and students in the fields of human rights law, children's rights, participation rights, Indigenous peoples' law, and family, child and social welfare law.
This volume examines the ongoing construction of the Responsibility to Protect (R2P) doctrine, elaborating on areas of both consolidation and contestation. The book focuses on how the R2P doctrine has been both consolidated and contested along three dimensions, regarding its meaning, status and application. The first focuses on how the R2P should be understood in a theoretical sense, exploring it through the lens of the International Relations constructivist approach and through different toolkits available to conventional and critical constructivists. The second focuses on how the R2P interacts with other normative frameworks, and how this interaction can lead to a range of effects from mutual reinforcement and co-evolution through to unanticipated feedback that can undermine consensus and flexibility. The third focuses on how key state actors - including the United States, China and Russia - understand, use and contest the R2P. Together, the book's chapters demonstrate that broad aspects of the R2P are consolidated in the sense that they are accepted by states even while other, specific aspects, remain subject to contestation in practice and in policy. This book will be of much interest to students of the R2P, human rights, peace studies and international relations.
This book inductively develops a new typology that identifies and evaluates three principal strategies that have been, and are being, used to extend international human rights protections to new categories of vulnerable populations. The book explicates the evolution and ongoing utility of the three strategies: categorical enlargement, conceptual expansion, and group-conscious universal application. The strategies are elucidated by case studies of nine distinct vulnerable populations: national minorities; those oppressed on the basis of caste; people with albinism; cross-cultural migrants; members of the African diaspora; Roma/Gypsies; persons affected by leprosy; older individuals; and lesbian, gay, bisexual, and transgender (LGBT) people. The book concludes by considering the utility of the three strategies for emerging vulnerable populations. It encourages discourse about the protection of vulnerable populations to move beyond a stale fixation on the texts of treaties and towards a more proactive normative framework that prioritizes the lived experiences of human beings. Extending International Human Rights Protections to Vulnerable Populations will be of key interest to students and scholars of international human rights, to social justice advocates, to human rights practitioners, and to those working with oppressed groups, human rights law, and international relations.
Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights - civil, political, economic, social and cultural - and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.
United Nations 2030 Agenda for Sustainable Development 17 Goals blends the three dimensions of sustainable development: economic, social and environmental. They function as commitments to be met by governments, civil society and the private sector for a 2030 collaborative project. The five keywords to achieve it are: People, Planet, Prosperity, Peace, and Partnerships. Another reading is to link these precepts with the Universal Declaration of Human Rights because to obtain real development we need full realization of human rights. This book analyses Sustainable Development considering Sustainable Development Goals, their importance concerning human rights and its significance for a Sustainable Society.
This book examines both border policies and oppositional narratives of "the border," 2011-2021, demonstrating that the term designates not merely a line of territorial control but also a set of social relations shaped by persistent, racially differentiated colonial structures and, more recently, by neoliberal modes of accumulation. These relations are shown to determine access to wealth and/or resources and to enable the management of labor, the extraction of surplus, and the accumulation of capital. Discussion in the book is informed by the history of these policies and by the critical literature on borders. Various cultural texts focusing on two border zones-the US-Mexico and the EU-Southern Mediterranean-are analyzed: specifically, two novels, two films, and two murals examined in conjunction with a music video. A path to a borderless future is suggested: an abolitionist refusal of border rules with an insistence on the necessity of abolition.
This book theorizes illiberal constitutionalism by interrogation of the Rule of Law, democratic deterioration, and the misuse of the language and relativization of human rights protection, and its widespread emotional and value-oriented effect on the population. The work consists of seven Parts. Part I outlines the volume's ambitions and provides an introduction. Part II discusses the theoretical framework and clarifies the terminology adopted in the book. Part III provides an in-depth insight into the constitutional identity of Poles and Hungarians and argues that an unbalanced constitutional identity has been moulded throughout Polish and Hungarian history in which emotional traits of collective victimhood and collective narcissism, and a longing for a charismatic leader have been evident. Part IV focuses on the emergence of illiberal constitutionalism, and, based on both quantitative and qualitative analyses, argues that illiberal constitutionalism is neither modern authoritarianism nor authoritarian constitutionalism. This Part contextualizes the issue by putting the deterioration of the Rule of Law into a European perspective. Part V explores the legal nature of illiberal legality when it is at odds and in compliance with the European Rule of Law, illiberal democracy, focusing on electoral democracy and legislative processes, and illiberalization of human rights. Part VI investigates whether there is a clear pattern in the methods of remodeling, or distancing from constitutional democracy, how it started, consolidated, and how its results are maintained. The final Part presents the author's conclusions and looks to the future. The book will be an invaluable resource for scholars, academics and policy-makers interested in Constitutional Law and Politics.
This book provides essential legal information on state secession in an innovative manner: unlike conventional approaches, which invariably focus on whether there is a right to secession, here the discussion centers on how secessionist conflicts can be effectively resolved. To that end, the book not only reveals the inadequacy of the current international legal framework, but also carefully considers how relevant actors can work to improve the legal system. In short, it argues that secessionists and non-secessionists should conclude an agreement to reconcile their conflicting rights to self-determination, while external actors should do their utmost to ensure the success of these efforts. Positive external involvement requires external actors to refrain from the use of force and to participate more rationally in secessionist conflicts. Given its subject matter, the book will appeal to a broad readership, including students and researchers in international law, international relations and ethnic studies, as well as enthusiasts in these fields.
This book presents a creative synthesis of two ostensibly disparate fields of law - arbitration and human rights. More specifically, it focuses on various legislative approaches to excluding the annulment of arbitral awards (setting-aside proceedings) at the seat of arbitration and evaluates the compatibility of such approaches with the European Convention on Human Rights (ECHR), in particular the right to a fair trial under Article 6(1). The book first assesses the applicability and impact of the ECHR, in particular Article 6(1), on international commercial arbitration. It then analyses a number of legislative approaches to excluding setting-aside proceedings, focusing on two synergetic phenomena - exclusion agreements and the total lack of setting-aside proceedings in national arbitration law. Lastly, the book investigates to what extent the lack of setting-aside proceedings in national arbitration law may lead to a violation of arbitrating parties' right to a fair trial under Article 6(1), and puts forward certain de lege ferenda recommendations on how to best approach the regulation of setting-aside proceedings in national arbitration law from the standpoint of compliance with the ECHR.
Why is solitary confinement used in today's world? Does it help the rehabilitation of offenders? And how is policy affected by justification for the use of it? This book is the first to consider the history of solitary confinement and how it is experienced by the individuals undergoing it. Using Merleau-Ponty's concept of embodied subjectivity, it provides first-hand accounts of the inhumane experience of solitary confinement to provide a better appreciation of the relationship between penal strategy and its effect on human beings. Drawing on his own experiences as a Psychological Specialist in the Pennsylvania Department of Corrections and on those interviewed as part of the Guardian 6x9 project (http://www.theguardian.com/world/ng-interactive/2016/apr/27/6x9-a-virtual-experience-of-solitary-confinement), the author focuses on the phenomenology of solitary confinement to consider what the intentional aspect of this almost uninhabitable type of confinement says about a democratic society that continues to justify its use as a correctional strategy. Aiming to influence policy, the book fills the gap between the practice of solitary confinement and its implications, as well as the social attitudes that uncritically condone its use.
From the rise of far-right regimes to the tumult of the COVID-19 pandemic, recent years have brought global upheaval as well as the sedimentation of longstanding social inequalities. Analyzing the complexities of the current political moment in different geographic regions, this book addresses the paradoxical persistence of neoliberal policies and practices, in order to ground the pursuit of a more just world. Engaging theories of decoloniality, racial capitalism, queer materialism, and social reproduction, this book demonstrates the centrality of sexual politics to neoliberalism, including both social relations and statecraft. Drawing on ethnographic case studies, the authors show that gender and sexuality may be the site for policies like those pertaining to sex trafficking, which bundle together economics and changes to the structure of the state. In other instances, sexual politics are crucial components of policies on issues ranging from the growth of financial services to migration. Tracing the role of sexual politics across different localities and through different political domains, this book delineates the paradoxical assemblage that makes up contemporary neoliberal hegemony. In addition to exploring contemporary social relations of neoliberal governance, exploitation, domination, and exclusion, the authors also consider gender and sexuality as forces that have shaped myriad forms of community-based activism and resistance, including local efforts to pursue new forms of social change. By tracing neoliberal paradoxes across global sites, the book delineates the multiple dimensions of economic and cultural restructuring that have characterized neoliberal regimes and emergent activist responses to them. This innovative analysis of the relationship between gender justice and political economy will appeal to: interdisciplinary scholars in social and cultural studies; legal and political theorists; and the wide range of readers who are concerned with contemporary questions of social justice. |
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