This pioneering book demonstrates how different traditions of sociological thought can contribute to an understanding of the theory and practice of rights. It provides a sociological treatment of a wide range of substantive issues but never loses sight of the key theoretical questions. It: considers some varied cases of public intervention, including welfare, caring, mental health provisions, pensions, justice and free speech alongside the rights issues they raise examines the question of rights from the point of view of distinctive population groups, such as prisoners and victims, women, ethnic minorities, indigenous peoples and lesbians and gays. A key strength is its detailed presentation and analysis of different aspects of rights and its exploration of a variety of analytical perspectives. Rights are viewed, not in terms of ethical certainty, but as the product of social processes and part of shifting terrain which is open to negotiation. Including a theoretical critique of existing perspectives, Rights offers a diverse and detailed exploration of the contribution sociological thought can make to this increasingly important aspect of social life and is an invaluable aid to students studying in this area.

Anthonyas fascinating biography of this aworld citizen in the Black Atlantica sheds a good deal of light on the origins of Yerganas radical engagement in the 1930s and 1940s.a
--"Radical History Review"

aAs the title of this provocative work suggests, Max Yergan certainly is one of the more intriguing figures of the previous century. . . . This biography includes a particularly strong bibliography and a detailed index.a
--Gerald Horne in the "Journal of American History"

"Beautifully written and accessible . . . "Max Yergan" is a remarkable book which reflects prodigious and imaginative research. It is more than a biography; it is a walk through a variety of political and institutional movements that have substantially shaped the history of the black world, from the United States to South Africa."
--Robin D.G. Kelley, author of "Freedom Dreams: The Black Radical Imagination"

aAnthony has done an admirable job making sense of the sometimes contradictory sources related to Yerganas life, and the scope of his research is truly remarkable.a
--Safundi: The Journal of South African and American Studies

"The multiple lives of the man David Anthony explores in these pages are fascinating, tragic, and remarkably little-known. The left-to-right journeys of many white American intellectuals are familiar, but the trajectory of this talented black man seems more dramatic than any of them: from mentor of a key African National Congress leader to enthusiastic backer of apartheid, from friend of Paul Robeson and target of FBI surveillance to someone eulogized in the "National Review," Max Yergan's odyssey through the twentieth century is a prism through which to view anera's dreams and conflicts on four continents."
--Adam Hochschild, author of "King Leopold's Ghost: A Story of Greed, Terror, and Heroism in Colonial Africa"

"David Anthony's biography of Max Yergan and the story of Otto Huiswoud and his comrades by Joyce Moore Turner have provided us with deeper understanding of that complex and often contradictory history that has been the African-American relationship with the communist movement."
--Allen Ruff, "Against the Current"

In his long and fascinating life, black activist and intellectual Max Yergan (1892-1975) traveled on more ground--both literally and figuratively--than any of his impressive contemporaries, which included Adam Clayton Powell, Paul Robeson, W.E.B. Du Bois, and A. Phillip Randolph. Yergan rose through the ranks of the "colored" work department of the YMCA, and was among the first black YMCA missionaries in South Africa. His exposure to the brutality of colonial white rule in South Africa caused him to veer away from mainstream, liberal civil rights organizations, and, by the mid-1930s, into the orbit of the Communist Party. A mere decade later, Cold War hysteria and intimidation pushed Yergan away from progressive politics and increasingly toward conservatism. In his later years he even became an apologist for apartheid.

Drawing on personal interviews and extensive archival research, David H. Anthony has written much more than a biography of this enigmatic leader. In following the winding road of Yergan's life, Anthony offers a tour through the complex and interrelated political and institutional movements that have shaped the history of the black world from the United States to South Africa.

This book addresses the phenomenon of children as the particular targets of extreme cruelty and genocide during armed conflict. Selected International Criminal Court cases are analyzed to illustrate the ICC's failure to address the genocidal forcible transfer of children to armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide. An original legal interpretation of children as a protected group in the context of the genocide provision of the Rome Statute is provided. The work also examines certain examples of the various modes in which armed State and/or non-State groups or forces perpetrating mass atrocities and/or genocide appropriate children and accomplish the genocidal forcible transfer of children to the perpetrator group. It is argued that the failure to prosecute the genocidal forcible transfer of children through the ICC mechanisms (where the Court hasjurisdiction and the State has failed to meet its obligations in this regard) undermines the perceived gravity of this heinous international crime within the international community. Furthermore, this ICC failure to prosecute conflicts with the interests of justice and ultimately results in an erosion of the respect for the personhood and human dignity of children.

This volume presents an interdisciplinary analysis of the practice of disappearances in Mexico, from the period of the so-called 'dirty war' to the current crisis of disappearances associated with the country's 'war on drugs', during which more than 80,000 people have disappeared. The volume brings together contributions by distinguished scholars from Mexico, Argentina and Europe, who focus their chapters on four broad axes of enquiry. In Part I, chapters examine the phenomenon of disappearances in its historical and present-day forms, and the struggles for memory around the disappeared in Mexico with reference to Argentina. Part II addresses the political dimensions of disappearances, focusing on the specificities that this practice acquires in the context of the counterinsurgency struggle of the 1970s and the so-called 'war on drugs'. The third section situates the issue within the framework of human rights law by examining the conceptual and legal aspects of disappearances. The final chapters explore the social movement of the relatives of the disappeared, showing how their search for disappeared loved ones involves bodily and affective experiences as well as knowledge production. The volume thus aims to further our understanding of the crisis of disappearances in Mexico without, however, losing sight of the historic origins of the phenomenon.

This book provides a comparative analysis of how judgments from the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR) affect political participation and electoral justice at the national level. Looking at specific countries, the work analyses the legal impact the implementation of the ECtHR and the IACtHR judgments has, with a specific focus on cases in which the regional court concerned uses the "democratic argument," that is, an argument related to democracy and political rights. The reasoning is that, although democracy is a much wider concept, judgments concerning violations of political rights and electoral justice provide reliable indicators to assess the status and sustainability of democracy in a State. Moreover, the analysis of the violations of political rights and electoral justice allows an in-depth comparison between the two regional human rights systems. Mindful of the broader scope of the fall-out generated by the non-implementation of judgments, including in socio-economic terms, the book includes a section exploring how judgments issued by the ECtHR and the IACtHR affect voters' participation in the countries under their jurisdiction. To this end, an original dataset including the 47 Member States of the Council of Europe and the 20 countries which recognised the adjudicatory jurisdiction of the IACtHR is built. Multidisciplinary in aim and scope of analysis, the book will be an invaluable resource for researchers, academics, and policy-makers working in the areas of constitutional law, international human rights law, and political economy.

To defend its citizens from harm, must the government have unfettered access to all information? Or, must personal privacy be defended at all costs from the encroachment of a surveillance state? And, doesn't the Constitution already protect us from such intrusions? When the topic of discussion is intelligence-gathering, privacy, or Fourth Amendment protections against unreasonable search and seizure, the result is usually more heat than light. Anthony Gregory challenges such simplifications, offering a nuanced history and analysis of these difficult issues. He highlights the complexity of the relationship between the gathering of intelligence for national security and countervailing efforts to safeguard individual privacy. The Fourth Amendment prohibiting unreasonable searches and seizures offers no panacea, he finds, in combating assaults on privacy-whether by the NSA, the FBI, local police, or more mundane administrative agencies. Given the growth of technology, together with the ambiguities and practical problems of enforcing the Fourth Amendment, advocates for privacy protections need to work on multiple policy fronts.

This book provides a comprehensive human rights analysis of key areas of law affecting older persons, including legal capacity; elder abuse; accommodation and aged care; healthcare; employment; financial security, retirement, and estate planning; and social and cultural participation. The research identifies individual autonomy and participation in decision-making as fundamental to a human rights-based approach to elder law. The book argues that a paradigm shift must occur away from traditional medical and charity-based understandings of 'old age' to instead acknowledge older persons as active holders of enforceable rights. The book argues that a Convention on the Rights of Older Persons is an essential tool in achieving this, but that even without a dedicated treaty there is much to be gained from a human rights-based approach. Significantly, because the issues arising in 'old age' are often the culmination of experiences occurring throughout the life course, a human rights-based approach to elder law must begin with a commitment to human rights for people of all ages.

Much has been written In English about the experiences and treatment of immigrants from south of the Rio Grande once they have entered the United States. But this account, by the itinerant, effervescent and highly original journalist Belen Fernandez, offers a different and wholly original take. Belen Fernandez shows us what life is like for would-be migrants, not just from the Mexican side of the border but inside Siglo XXI, the notorious migrant detention center in the south of the country. Journalists are prohibited from entering Siglo XXI; Fernandez only gained access because she herself was detained as a result of faulty paperwork when she attempted to return to the US to renew her passport. Once inside the facility, Fernandez was able to speak with detained women from Honduras, Cuba, Haiti, Bangladesh, and beyond. Their stories, detailing the hardships that prompted them to leave their homes, and the dangers they have experienced on an often-tortuous journey north, form the core of this unique book. The companionship and support they offer to Fernandez, whose antipathy to returning to the United States, the country they are desperate to enter, is a source of bemusement and perplexity, demonstrates a spirited generosity that is deeply moving. In the end, the Siglo XXI center emerges as a strikingly precise metaphor for a 21st century in which poor people, effectively imprisoned by American political and economic policies, nevertheless display astonishing resilience.

This insightful book analyzes the political engagement and marginalization of three of Milan's migrant groups, Filipinos, Egyptians and Ecuadorians. Bringing together data relating to the civic and political engagement of individual migrants, and of migrant organizational networks, the result is an examination of the consequences of the political exclusion of migrants, exploring the different ways in which they cope with this predicament. Such exclusion, the author argues, has three major impacts. It can transform migrant groups into political subcultures and engender externally-driven participation, but it can also lead to radicalization.

The central claim developed in this book is that disciplinary International Relations (IR) is identifiable as both an advanced colonial practice and a postcolonial subject. The starting problematic here issues from disciplinary IR's relative dearth of attention to indigenous peoples, their knowledges, and the distinctive ways of knowing that underwrite them. The book begins by exploring how IR has internalized many of the enabling narratives of colonialism in the Americas, evinced most tellingly in its failure to take notice of indigenous peoples. More fundamentally, IR is read as a conduit for what the author terms the 'hegemonologue' of the dominating society: a knowing hegemonic Western voice that, owing to its universalist pretensions, speaks its knowledge to the exclusion of all others.

This accessible and authoritative book provides the first systematic overview of the global children's rights movement. It introduces both beginners and experts to child and youth rights in all their theoretical, historical, cultural, political, and practical complexity. In the process, the book examines key controversies about globalization, cultural relativism, social justice, power, economics, politics, freedom, ageism, and more. Combining vivid examples with cutting-edge scholarship, Children's Rights: Today's Global Challenge lifts up the rights of the youngest third of humanity as the major human rights challenge of the twenty-first century.

This book: * Looks at non-violent resistances in South Asia, Middle East, Europe and Americas. * will be a must-read for scholars and researchers of politics, governance and public policy, gender, and human rights

This volume is the third in the "Perspectives from The Review of Politics" series, following The Crisis of Modern Times, edited by A. James McAdams (2007), and War, Peace, and International Political Realism, edited by Keir Lieber (2009). In A Liberalism Safe for Catholicism?, editors Daniel Philpott and Ryan Anderson chronicle the relationship between the Catholic Church and American liberalism as told through twenty-seven essays selected from the history of the Review of Politics, dating back to the journal's founding in 1939. The primary subject addressed in these essays is the development of a Catholic political liberalism in response to the democratic environment of nineteenth- and twentieth-century America. Works by Jacques Maritain, Heinrich Rommen, and Yves R. Simon forge the case for the compatibility of Catholicism and American liberal institutions, including the civic right of religious freedom. The conversation continues through recent decades, when a number of Catholic philosophers called into question the partnership between Christianity and American liberalism and were debated by others who rejoined with a strenuous defense of the partnership. The book also covers a wide range of other topics, including democracy, free market economics, the common good, human rights, international politics, and the thought of John Henry Newman, John Courtney Murray, and Alasdair MacIntyre, as well as some of the most prominent Catholic thinkers of the last century, among them John Finnis, Michael Novak, and William T. Cavanaugh. This book will be of special interest to students and scholars of political science, journalists and policymakers, church leaders, and everyday Catholics trying to make sense of Christianity in modern society. Contributors: Daniel Philpott, Ryan T. Anderson, Jacques Maritain, Alvan S. Ryan, Heinrich Rommen, Josef Pieper, Yves R. Simon, Ernest L. Fortin, John Finnis, Paul E. Sigmund, David C. Leege, Thomas R. Rourke, Michael Novak, Michael J. Baxter, David L. Schindler , Joseph A. Komonchak, John Courtney Murray, Samuel Cardinal Stritch, Francis J. Connell, Carson Holloway, James V. Schall, Gary D. Glenn, John Stack, Glenn Tinder, Clarke E. Cochran, William A. Barbieri, Jr., Thomas S. Hibbs, Paul S. Rowe, and William T. Cavanaugh.

The book discusses discrimination based on sexual orientation in the jurisprudence of the European Court of Human Rights (ECtHR) and the Constitutional Court of Korea. The work provides insights into how prohibition on discrimination based on sexual orientation can be realized in South Korea with the reference of the case law of other jurisdictions including mainly from the ECtHR. The book reviews related principles and methodological tools applied in the jurisprudence of the ECtHR. Considering that the rights of sexual minorities are evolving in many jurisdictions including Europe, and this problem is currently of great importance in the constitutional and political discussion, the topic is important to the readers in Europe as well as in Korea.

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.

This book focuses on the right to privacy in the digital age with a view to see how it is implemented across the globe in different jurisdictions. The right to privacy is one of the rights enshrined in international human rights law. It has been a topic of interest for both academic and non-academic audiences around the world. However, with the increasing digitalisation of modern life, protecting one's privacy has become more complicated. Both state and non-state organisations make frequent interventions in citizens' private lives. This edited volume aims to provide an overview of recent development pertaining to the protection of the right to privacy in the different judicial systems such as the European, South Asian, African and Inter-American legal systems. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

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.

Human rights is an interdisciplinary subject as well as a foundational aspect of the law. The importance of human rights at the intersection of business and society is central, yet under-analyzed. This book provides an accessible understanding of what human rights are, how business enterprises may impact human rights for better or for worse, and how such impacts can or should be managed. Human Rights: A Key Idea for Business and Society equips readers interested in the relationship between business and society with the foundational knowledge for engaging in debates and operational tasks related to the roles and responsibilities of business with regard to human rights. It covers human rights aspects relevant to common management tasks, including supply chain management, human resource management, risk management, non-financial reporting, finance, and stakeholder engagement. It covers opportunities and challenges related to the Sustainable Development Goals (SDGs) and climate change mitigation. The book explains the foundations for human rights, social expectations, and legal requirements on businesses to respect human rights and how business enterprises should identify and manage their human rights impacts. A concise introduction to a complex topic, this book is perfect reading for students of corporate social responsibility, business ethics, and international business, as well as an illuminating guide for researchers, managers, civil society organizations, government officials, and reflective practitioners.

Human rights is an interdisciplinary subject as well as a foundational aspect of the law. The importance of human rights at the intersection of business and society is central, yet under-analyzed. This book provides an accessible understanding of what human rights are, how business enterprises may impact human rights for better or for worse, and how such impacts can or should be managed. Human Rights: A Key Idea for Business and Society equips readers interested in the relationship between business and society with the foundational knowledge for engaging in debates and operational tasks related to the roles and responsibilities of business with regard to human rights. It covers human rights aspects relevant to common management tasks, including supply chain management, human resource management, risk management, non-financial reporting, finance, and stakeholder engagement. It covers opportunities and challenges related to the Sustainable Development Goals (SDGs) and climate change mitigation. The book explains the foundations for human rights, social expectations, and legal requirements on businesses to respect human rights and how business enterprises should identify and manage their human rights impacts. A concise introduction to a complex topic, this book is perfect reading for students of corporate social responsibility, business ethics, and international business, as well as an illuminating guide for researchers, managers, civil society organizations, government officials, and reflective practitioners.

This book provides the first scholarly investigation of prosecutorial discretion in the International Criminal Court (ICC) from an interdisciplinary perspective. This work analyses the discretionary power of the ICC prosecutor and its scope. It explains that there is a tendency to overlook the necessity of distinguishing between the various usages of discretion when exercised as a power authorised by the law and effect when applying indeterminate legal thresholds. The author argues that the latter indeterminacy may give decision makers an unwarranted opportunity to exercise a wide range of discretion, where extra-legal factors may be considered. In comparison, prosecutorial discretion allows decision makers to consider extra-legal considerations. This book also discusses the relevance of political considerations within the decision-making process in the context of the exercise of prosecutorial discretion. It suggests that there need not be a conflict between the broad sense of justice as outlined in the Statute and political factors in giving effect to decisions. This book will be of interest to students of international law, global governance and international relations.

This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN's capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community's objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.

Hate Speech and Human Rights. Democracies need to understand these terms to properly adapt their legal frameworks. Regulation of hate speech exposes underlining and sometimes invisible societal values such as security and public order, equality and non-discrimination, human dignity, and other democratic vital interests. The spread of hatred and hate speech has intensified in many corners of the world over the last decade and its regulation presents a conundrum for many democracies. This book presents a three-prong theory describing three different but complementary models of hate speech regulation which allows stakeholders to better address this phenomenon. It examines international and national legal frameworks and related case law as well as pertinent scholarly literature review to highlight this development. After a period of an absence of free speech during communism, post-communist democracies have sought to build a framework for the exercise of free speech while protecting public goods such as liberty, equality and human dignity. The three-prong theory is applied to identify public goods and values underlining the regulation of hate speech in the Czech Republic and Slovakia, two countries that share a political, sociological, and legal history, as an example of the differing approaches to hate speech regulation in post-communist societies due to divergent social values, despite identical legal frameworks. This book will be of great interest to scholars of human rights law, lawyers, judges, government, NGOs, media and anyone who would like to understand values that underpin hate speech regulations which reflect values that society cherishes the most.

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 draws attention to emerging issues around the rights of minorities, marginalized groups, and persons in Africa. It explores the gaps between human rights provisions and conditions, showing that although international human rights principles have been embraced in the continent, various minority groups and marginalized persons are denied such rights through criminalization and persecution. African countries have a good record of signing and ratifying international and regional rights instruments but the political will and capacity for enforcing these with respect to minorities remain weak. International contributors to the book provide new perspectives on the rights of marginalized and minority groups in different parts of Africa and the extent to which they are deprived or denied entitlement to the universality and equality articulated in law. The authors show that human rights, while having come of age as a moral ideal, has not been fully entrenched in practice towards groups such as children, indigenous populations, the mentally ill, persons with disabilities, and persons with albinism. This volume is geared toward scholars, students, human rights groups, policy makers, social workers, international organizations, and policy makers in the fields of criminology, security studies, development studies, political science, sociology, children studies, social psychology, international relations, postcolonial studies, and African Studies.

Is it desirable, or even necessary, to have distinct human rights for cultural identities? Do different conceptions of culture and identity, and their potential to frame human rights violations as culturally appropriate, complicate the question? How should a human right to collective identity be outlined? Claims to human rights as applying to a whole (ethnic, religious or cultural) group, instead of the individual, prove to be complex. This book reveals the pitfalls, benefits and demands that surround the debate for and against culture and identity in human rights. It connects a continuous and nuanced theoretical debate with highly topical empirical findings about collective rights for indigenous groups, which for centuries have been suppressed and marginalized and now stand at the forefront of (successfully) demanding a human right to their own culture and distinct identity. This book shows the ambivalences of those demands and discusses solutions so that human rights neither exclude marginalized cultural groups nor reproduce rigid distinctions between seemingly exclusive cultures.