The EU Fundamental Rights Agency (FRA) was established to provide evidence-based policy advice to EU institutions and Member States. By blending social science research with traditional normative work, it aims to influence human rights policy processes through new ways of framing empirical realities. The contributors to this volume critically examine the experience of the Agency in its first decade, exploring FRA's historical, political and legal foundations and its evolving record across major strands of EU fundamental rights. Central themes arising from these chapters include consideration of how the Agency manages the tension between a mandate to advise and the more traditional approach of human rights bodies to 'monitor', and how its research impacts the delicate equilibrium between these two contesting roles. FRA's experience as the first 'embedded' human rights agency is also highlighted, suggesting a role for alternative and less oppositional orientations for human rights research. While authors observe the benefits of the technocratic approach to human rights research that is a hallmark of FRA's evidence-based policy advice, they also note its constraints. FRA's policy work requires a continued awareness of political realities in Brussels, Member States, and civil society. Consequently, the complex process of determining the Agency's research agenda reflects the strategic priorities of key actors. This is an important factor in the Agency's role in the EU human rights landscape. This pioneering position of the Agency should invite reflection on new forms of institutionalized human rights research for the future.

This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children's rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.

The law is a well-known tool in fighting gender inequality, but which laws actually advance women's rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world's leading experts on gender equality. Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law's potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective - gender-based violence, women's reproductive health, labour and gender equality quotas - while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women's rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women. Written for students, academics, legislators and policymakers engaged in international women's rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.

This book analyses how the system of immigration judicial reviews works in practice, as an area which has, for decades, constituted the majority of judicial review cases and is politically controversial. Drawing upon extensive empirical research and unprecedented research access, it explores who brings judicial review challenges against immigration decisions and why, the type of immigration decisions that are challenged, how cases proceed through the judicial review process, how cases are settled out of court, and how judicial review interacts with other legal and non-legal remedies. It also examines the quality of immigration judicial review claims and the quality of the initial administrative decisions being challenged. Through developing a novel account of the operation of the immigration judicial review system in practice and the lived experience of it by judges, representatives, and claimants, this book adds a significant new perspective to the wider understanding of judicial review.

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.

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.

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 is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia's democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of 'bottom-up' approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia's democracy and human rights' institutions, the book provides a significant contribution to current understandings of Indonesia's democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.

A comprehensive analysis of contemporary indigenous rights

Applying a legal pluralist framework, this study examines the complex interrelationships between religion, law and politics in contemporary Ghana, a professedly secular State characterised by high levels of religiosity. It aims to explore legal, cultural and moral tensions created by overlapping loci of authority (state actors, traditional leaders and religious functionaries). It contends that religion can function as an impediment to Ghana's secularity and also serve as an integral tool for realising the State's legal ideals and meeting international human rights standards. Using three case studies - legal tensions, child witchcraft accusations and same-sex partnerships - the study illustrates the ways that the entangled and complicated connections between religion and law compound Ghana's secular orientation. It suggests that legal pluralism is not a mere analytical framework for describing tensions, but ought to be seen as part of the solution. The study contributes to advancing knowledge in the area of the interrelationships between religion and law in contemporary African public domain. This book will be a valuable resource for those working in the areas of Law and Religion, Religious Studies, African Studies, Political Science, Legal Anthropology and Socio-legal Studies.

The politics of the body is often highly contested, culturally specific, and controlled, and this book calls our attention to how bodies are included or excluded in the polity. With governments regulating bodies in ways that mark the political boundaries of who is a citizen, worthy of protection and rights, as well as those who transgress socially proscribed norms, the contributors to this volume offer a systematic investigation of both theoretical and empirical account of bodily differences broadly defined. These chapters, diverse in both the populations and the political behaviours examined, as well as the methodological approaches employed, showcase the significance of body politics in a way few edited works in political science currently do. Arguing that the body is an important site to understand power relations, this book will be of interest to those studying the unequal application of rights to women, racial and ethnic minorities, the LGBTQ community, and people with disabilities. This book was originally published as a special issue of Politics, Groups, and Identities.

This comprehensive collection addresses the important question of political parties in the Middle East and North Africa (MENA). Written by historians, political scientists, and sociologists of the region, the book provides a pertinent analytical framework to understand the often complex and turbulent histories of these political parties, their role within the region, and their prospects in the wake of the post-2011 Arab Uprisings. The authors explore a rich and varied range of case studies including Iran, Turkey, Palestine, Egypt, Lebanon, and Morocco. This book examines where political parties and organizations have been crucial to shaping contemporary historical events and political contestation, but also highlights their shortcomings and failures to deliver on the ambitions and hopes they had often evoked amongst their supporters. Furthermore, it looks at how political parties and their activities have intersected with important issues and themes such as gender, human rights, international solidarity, revolution and social transformation, and sectarian identity. This book will be of great interest to students and researchers of political science, particularly within the MENA region. It was originally published as a special issue of the British Journal of Middle Eastern Studies.

This book explores concepts of Cultural genocide, its definitions, place in international law, the systems and methods that contribute to its manifestations, and its occurrences. Through a systematic approach and comprehensive analysis, international and interdisciplinary contributors from the fields of genocide studies, legal studies, criminology, sociology, archaeology, human rights, colonial studies, and anthropology examine the legal, structural, and political issues associated with cultural genocide. This includes a series of geographically representative case studies from the USA, Brazil, Australia, West Papua, Iraq, Palestine, Iran, and Canada. This volume is unique in its interdisciplinarity, regional coverage, and the various methods of cultural genocide represented, and will be of interest to scholars of genocide studies, cultural studies and human rights, international law, international relations, indigenous studies, anthropology, and history.

Memorialised as a US heroine and an iconoclastic humanitarian who sought to protect society's marginalised, Eleanor Roosevelt also, at times, disappointed contemporaries and biographers with some of her stances. Examining a period of her life that has not been extensively explored, this book challenges the previously held universality of Eleanor Roosevelt's humanitarianism. The Palestinian question is used as a case study to explore the practical application of her commitment to social justice, and the author argues that, at times, Roosevelt's humanitarianism was illogical, limited and flawed by pragmatism. New insights are provided into Eleanor Roosevelt's human rights activism - its dichotomies, its inspiration, and the effect it had on US relations with the Middle East. This book will appeal to academics working across a range of disciplines including history, diplomatic history, American studies, Middle Eastern studies, US foreign policy, human rights and women's studies.

Can security automata (robots and AIs) make moral decisions to apply force on humans correctly? If they can make such decisions, ought they be used to do so? Will security automata increase or decrease aggregate risk to humans? What regulation is appropriate? Addressing these important issues this book examines the political and technical challenges of the robotic use of force. The book presents accessible practical examples of the 'machine ethics' technology likely to be installed in military and police robots and also in civilian robots with everyday security functions such as childcare. By examining how machines can pass 'reasonable person' tests to demonstrate measurable levels of moral competence and display the ability to determine the 'spirit' as well as the 'letter of the law', the author builds upon existing research to define conditions under which robotic force can and ought to be used to enhance human security. The scope of the book is thus far broader than 'shoot to kill' decisions by autonomous weapons, and should attract readers from the fields of ethics, politics, and legal, military and international affairs. Researchers in artificial intelligence and robotics will also find it useful.

International organizations (IOs) that focus on refugees are finding themselves spread increasingly thin. As the scale of displacement reaches historic levels-protracted refugee situations now average 26 years-organizations are staying for years on end, often working well beyond their original mandates. In some cases, IOs may even act as a substitute for the state. This book considers the conditions under which surrogacy occurs and what it means for the organization's influence on the state. It looks specifically at the United Nations High Commissioner for Refugees (UNHCR) as a surrogate state in protracted refugee situations in Kenya, Tanzania, and Uganda. Drawing on international relations literature and empirical studies of UNHCR, Miller asks how and when UNHCR takes on surrogacy, and what effect this has on its ability to influence how a host state treats refugees. The book develops a framework for understanding IOs at the domestic level and presents a counterintuitive finding: IO surrogacy actually leads to less influence on the state. In other words, where UNHCR behaves like a state, it is less able to influence a host state's refugee policies. UNHCR provides an excellent example of an IO working on multiple levels, making this book of great interest to practitioners and policymakers working on refugee-related issues, and scholars of forced migration, international relations, international organizations, and UNHCR.

This book provides a detailed analysis of South Africa's actions on the UN Human Rights Council, examining the country's positions on civil and political rights, economic rights and development, social groups whose rights are frequently violated, and abuses in specific countries. The most detailed and comprehensive study of any country's record on the UN Human Rights Council to date, this book demonstrates that despite occasional support for human rights, South Africa's overall record ranged from opposing to failing to support human rights. This is compounded by an anti-Western or 'anti-imperial' edge to South Africa's positions on the UNHRC. Using South Africa as a study case of a liberal country consistently behaving illiberally, this book therefore challenges the widespread belief in international relations theory, typically found in liberal and constructivist thought, that there is an alignment of domestic political society and foreign policy values. Addressing ongoing debates since the presidency of Nelson Mandela about the place of human rights in South Africa's foreign policy, South Africa and the UN Human Rights Council will be useful to students and scholars of international relations, human rights, international law, and African politics.

Studies on the aesthetic representations of atrocity the world over have taken different discursive dimensions from history, sociology, political to human rights. These perspectives are usually geared towards understanding the manifestations, extent, political and economic implications of atrocities. In all these cases, representation has been the singular concern. Cultural Archives of Atrocity: Essays on the Protest Tradition in Kenyan Literature, Culture and Society brings together generic ways of interrogating artistic representations of atrocity in Kenya. Couched on interdisciplinary, multidisciplinary and cross-disciplinary approaches, essays in this volume investigate representations of Atrocity in Kenyan Literature, Film, Popular Music and other mediated cultural art forms. Contributors to this volume not only bring on board multiple and competing perspectives on studying atrocity and how they are archived but provide refreshing and valuable insights in examining the artistic and cultural interpellations of atrocity within the socio-political imaginaries of the Kenyan nation. This volume forms part of the growing critical resources for scholars undertaking studies on atrocity within the fields of ethnic studies, cultural studies, postcolonial studies, peace and conflict, criminology, psychology, political economy and history in Kenya.

Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first-the value view of rights-argues that for a person to have a right is to be valuable in a certain way, or to have a value property. This special type of value is in turn identified by the reasons that others have for treating the right holder in certain ways, and that correlate with the value in question. David Alm then argues that the familiar agency view of rights should be replaced with a different version according to which persons' rights, and thus at least in part their value, are based on their actions rather than their mere agency. This view, which Alm calls exercise-based rights, retains some of the most valuable features of the agency view while also defending it against common objections concerning right loss. This book presents a unique conception of exercise-based rights that will be of keen interest to ethicists, legal philosophers, and political philosophers interested in rights theory.

The relationship between human rights and justice is significant, deep, and ultimately contested. The two terms themselves - human rights and justice - have experienced both conceptual and operational pushback from many quarters in recent years. Although an understanding of justice is inherent in broad human rights discourses, there is no clear consensus on how to integrate and reconcile these concepts - both as a means of advancing knowledge and as a mechanism for the development of sound and effective policy at the global, regional, and national levels. Further, expansions of the boundaries of both human rights and justice make any clear and settled understanding of the relation difficult to ascertain. This volume tackles these issues in a coherent and complementary manner. It examines a range of philosophical, economic, and social perspectives that are key to understanding the nature of the linkages between human rights and justice, written by scholars who are at varying stages of their careers, and whose ongoing work has sparked dialogue and exchange within and across these fields. This work will be of interest to students and scholars of human rights, international relations and ethics.

In September 2001, the world witnessed the horrific events of 9/11. A great deal has happened on the counterterrorist front in the 20 years since. While the terrorist threat has greatly diminished in Northern Ireland, the events of 9/11 and their aftermath have ushered in a new phase for the rest of the UK with some familiar, but also many novel, characteristics. This ambitious study takes stock of counterterrorism in Britain in this anniversary year. Assessing current challenges, and closely mirroring the 'four Ps' of the official CONTEST counterterrorist strategy - Protect, Prepare, Prevent, and Pursue - it seeks to summarize and grasp the essence of domestic law and policy, without being burdened by excessive technical detail. It also provides a rigorous, context-aware, illuminating, yet concise, accessible, and policy-relevant analysis of this important and controversial subject, grounded in relevant social science, policy studies, and legal scholarship. This book will be an important resource for students and scholars in law and social science, as well as human rights, terrorism, counterterrorism, security, and conflict studies.

From the squares of Spain to indigenous land in Canada, protest camps are a tactic used around the world. Since 2011 they have gained prominence in recent waves of contentious politics, deployed by movements with wide-ranging demands for social change. Through a series of international and interdisciplinary case studies from five continents, this topical collection is the first to focus on protest camps as unique organisational forms that transcend particular social movements' contexts. Whether erected in a park in Istanbul or a street in Mexico City, the significance of political encampments rests in their position as distinctive spaces where people come together to imagine alternative worlds and articulate contentious politics, often in confrontation with the state. Written by a wide range of experts in the field the book offers a critical understanding of current protest events and will help better understanding of new global forms of democracy in action.

This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children's lives. Combining social and legal research, it identifies both potential harms to children's well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children's best interests into temporary labour migration policies, offering ways to reduce interferences with children's family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

This new analysis of governing ideas in U.S. foreign policy shows how they arise, are sustained and challenged both domestically and internationally, and become part of the world order. Nolan assesses the problems of reconciling concerns for individual rights and liberal principles with national security interests in U.S. foreign policy over the course of the twentieth century. This interpretive survey redefines the key components in the make-up of U.S. diplomacy and provides good reading for students of American government, international relations and U.S. foreign policy, American and world history, defense, and human rights policy.

This short history traces the notions that liberty is indivisible and that security depends ultimately on the establishment and success of liberal-democratic norms between and within states. It shows how U.S. policy vacillates between giving active or passive expression to these ideas, always relying on a basic assumption about the presumed pacific character of democracy. Utilizing a wide variety of primary and secondary sources, it looks at how these ideas became manifest in two major policy settings---those affecting the Soviet Union and the UN. Through these case studies, the book shows how these ideas become progressively embedded in U.S. policy; how they have been challenged by different interests and events; how they were disseminated among and accepted by allies (and even several former adversaries); and how, as a result, they now permeate the structures of major international organizations, and even underlie the emerging post-Cold War international system as a whole. The conclusion offers an interesting perspective for the future.

From Christian missionary publications to the media strategies employed by today's NGOs, this interdisciplinary collection explores the entangled histories of humanitarianism and media. It traces the emergence of humanitarian imagery in the West and investigates how the meanings of suffering and aid have been constructed in a period of evolving mass communication, demonstrating the extent to which many seemingly new phenomena in fact have long historical legacies. Ultimately, the critical histories collected here help to challenge existing asymmetries and help those who advocate a new cosmopolitan consciousness recognizing the dignity and rights of others.