This volume demonstrates that migration- and diversity-related concepts are always contested, and provides a reflexive critical awareness and better comprehension of the complex questions driving migration studies. The main purpose of this volume is to enhance conceptual thinking on migration studies. Examining interaction between concepts in the public domain, the academic disciplines, and the policy field, this book helps to avoid simplification or even trivialization of complex issues. Recent political events question established ways of looking at issues of migration and diversity and require a clarification or reinvention of political concepts to match the changing world. Applying five basic dimensions, each expert chapter contribution reflects on the role concepts play and demonstrates that concepts are ideology dependent, policy/politics dependent, context dependent, discipline dependent, and language dependent, and are influenced by how research is done, how policies are formulated, and how political debates extend and distort them. This book will be essential reading for students, scholars, and practitioners in migration studies/politics, migrant integration, citizenship studies, racism studies, and more broadly of key interest to sociology, political science, and political theory.

This book examines Egypt's turbulent and contradictory political period (2011-2015) as key to understanding contemporary politics in the country and the developments in the Arab region after the mass protests in 2010/11, more broadly. In doing so, it breaks new ground in the study of political representation, providing analytical innovation to the study of disenchantment with politics, democracy fatigue and social cohesion. Based on five years of intense fieldwork, the author provides rare insights into local and national ideas on politics, justice and identity, and on how people situate themselves and Egypt in the regional and global context. It analyzes how the creation of an alternate, political system was discussed and negotiated among the Egyptian population, the military, the government, public figures, the media, and international actors, and yet nevertheless today, Egypt has a new political regime that is the most repressive in the countries' modern history. Finally, it recalls the emotions and perceptions of individuals and collectives and interlinks these local perspectives to national events and developments through time. This book will be of key interest to scholars and students of democratization and authoritarianism, Middle East Studies, political representation and informality, collective action, and more broadly to cultural studies and international relations.

This book examines the EU accession to the ECHR from a systemic perspective as well as from the specific perspective of the 2013 draft accession agreement negotiated between the relevant body of the Council of Europe and the EU Commission. It mainly follows a legal positivist approach to examining the nature and scope of obligations that will regulate the new relationship between EU law and European Convention on Human Rights law, concentrating specifically on the issue of jurisdictional interface between the Strasbourg and Luxembourg courts. The book offers an in-depth examination of the core mechanisms of the draft accession agreement, taking into account the remarks in Luxembourg's Opinion 2/13, focusing especially on the issue of attribution of responsibility when a violation of ECHR has been jointly committed by the EU and its Member States, the inter-party procedure and the prior involvement mechanism. The work basically argues that EU accession to the ECHR will have a constitutional impact on the EU legal order, and may also have certain implications for the jurisdictional interface between the Strasbourg and Luxembourg courts. It also questions the mode of interaction between some normative aspects of ECHR law and EU law, offering certain arguments as to the interaction between the Charter of Fundamental Rights and ECHR from overlapping and accommodative perspectives post-accession. The book concludes that with the EU accession to the ECHR - as it stands right now with the draft accession agreement - the macro relationship between the Strasbourg and Luxembourg courts will change significantly, while their constitutional roles will become vertically accommodated and better specialized.

This highly topical collection of essays addresses contemporary issues facing Indigenous communities from a broad range of multi- and interdisciplinary perspectives. Drawing from across the social sciences and humanities, this important volume challenges the established norms, theories, and methodologies within the field, and argues for the potential of a multidimensional approach to solving problems of Indigenous justice. Stemming from an international conference on 'Spaces of Indigenous Justice', Indigenous Justice is richly illustrated with case studies and comprises contributions from scholars working across the fields of law, socio-legal studies, sociology, public policy, politico-legal theory, and Indigenous studies. As such, the editors of this timely and engaging volume draw upon a wide range of experience to argue for a radical shift in how we engage with Indigenous studies.

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.

This book addresses the issue of agency in relation to child marriage. In international campaigns against child marriage, there is a puzzle of agency: While international human rights institutions celebrate girls' exercise of their agency not to marry, they do not recognize their agency to marry. Child marriage, usually defined as 'any formal marriage or informal union where one or both of the parties are under 18 years of age', is normally considered as forced - which is to say that it is assumed that are not capable of consenting to marriage. This book, however, re-examines this assumption, through a detailed socio-legal examination of child marriage in Indonesia. Eliciting the multiple competing frameworks according to which child marriage takes place, the book considers the complex reasons why children marry. Structural explanations such as lack of opportunities and oppressive social structures are important, but not exhaustive, explanations. Exploring the subjective reasons by listening to children's perspectives, their stories show that many of them decide to marry for love, desire, to belong to the community, and for new opportunities and hopes. The book, then, demonstrates how the child marriage framework - and, indeed, the human rights framework in general - is constructed on too narrow a vision of human agency: One that cannot but fail to respect and promote the agency of all, regardless of gender, race, religion, and age. This book will be of interest to scholars, students, and practitioners in the areas of children's rights, legal anthropology, and socio-legal studies.

This book looks at how the ideas of freedom, property, and order are expressed in modern social contract theories (SCTs). Drawing on the theories of Hobbes, Locke, Rousseau, and Rawls, it studies how notions of freedom promulgated by these SCTs invariably legitimise and defend the private ownership of the means of production. It argues that capitalism's impact on individual dependence and economic inequality still stems from this model, ultimately working in favour of proprietors. The author highlights the problematic nature of SCTs, which work as ideological mechanisms put forward under the guise of formal equality and formal freedom, by focusing on the historical and social context behind them. From a methodological point of view, the author presents a de-ideologization of the contractarian issue and provides insight into the political 'layers' within the discourse of individualism, human nature and morality shaping the outer corners of contractarian theory. An important intervention in the study of SCTs, this volume will be of great interest to scholars and researchers of political and social theory, sociology, political history, and political philosophy.

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.

This volume explores the digitization, privatization, and spatial displacement of border security and the effects these have on political accountability and migrant rights. The governance of security and migration is unfolding in new political spaces. Cooperation and competition among immigration officials, border guards, transnational security corporations, IT companies, local police, and international organizations has decoupled migration governance from national political structures. The chapters in the volume examine how these dynamics affect the deployment and constraint of sovereign power in the United States, Canada, the United Kingdom, and the EU. Contributors trace this process from the disciplinary perspectives of law, political science, sociology, criminology, and geography. Part I of the book explores the reconfiguration of security and migration governance through historical processes of privatization, digitization, and the rescaling of border control technologies to local and global spaces. Part II explores how migrant rights actors have responded by rescaling resistance to global and local levels. This book will be of much interest to students of critical security studies, global governance, migration studies, and international relations.

This book provides an insightful analysis of recent developments in immigration, asylum and citizenship law in the broader social and political context. Written accessibly by an experienced practitioner, it critically examines the development of UK immigration control since the second world war, identifying and focusing on the grievous collateral damage being caused to the rule of law and to society. It examines the decline in standards of public administration, the secular failure to follow the rule of law, and the related issues of social corrosion and lack of democratic accountability. Speaking to academics, practitioners, policy makers and all those concerned about the impact of the hostile environment, it makes proposals for legal changes which prioritise social cohesion: a shared burden of proof, a simple regularisation scheme and clear path to citizenship, and details how these would operate in practice.

The Punta del Este Declaration, and this book dedicated to elaborating upon it, is devoted to exploring the ways that human dignity for everyone everywhere can be a useful tool in helping to address the challenges and strains facing human rights in the world today. In 2018, an initiative was instigated to revitalize the human rights project by way of engaging the notion of human dignity. This resulted in the Punta Del Este Declaration on Human Dignity for Everyone Everywhere (Punta Del Este Declaration), a declaration co-authored by over 30 human rights experts from all over the world. The Punta Del Este Declaration simplifies and brings coherence to the concept of human dignity in 10 brief statements that capture the many dimensions and aspects of human dignity and the practical ways that human dignity is useful in the promotion of human rights. This book provides an overview of how the notion of human dignity has been used to strengthen human rights. It discusses how human dignity playsmany different roles in human rights discourse and has the force to revitalize the human rights project; it is the foundational principle upon which the human rights project is built. But it is also the telos, or end goal, of human rights. At the same time, it is an important evaluative mechanism for assessing how well a country is doing in the implementation of human rights. The book will be a valuable resource for all those working in the areas of International Human Rights Law, Legal Philosophy, and Law and Religion.

By exploring the "China factor" in the North Korean human rights debate, this book evaluates the advantages and disadvantages of applying the Chinese development-based approach to human rights in the Democratic People's Republic of Korea (DPRK). The contributors to this book treat the relevance of the Chinese experience to the DPRK seriously and evaluate how it might apply to easing North Korean human rights issues.They engage with the debate about the relevance of the developmental or development-based approach to North Korea. In doing so, they problematise, scrutinise and contextualise the development-based approach in Northeast Asia, including China, and examine different responses to the developmental approach and the influence of domestic politics on these responses. A valuable contribution to discussions on possible ways forward for human rights in North Korea and an insightful critique of the Northeast Asian development model more broadly.

This volume bridges two different research fields and the current debates within them. On the one hand, the transitional justice literature has been shaken by powerful calls to make the doctrine and practice of justice more transformative. On the other hand, collective memory studies now tend to look more closely at meaningful silences to make sense of what nations leave out when they remember their pasts. The book extends the scope of this heuristic approach to the different mechanisms that come under the umbrella of transitional justice, including legal prosecution, truth-seeking and reparations, alongside memorialisation. The 15 chapters included in the volume, written by expert scholars from diverse disciplinary and societal backgrounds, explore a range of practices intended to deal with the past, and how making the invisible visible again can make transitional justice - or indeed, any societal engagement with the past - more transformative. Seeking to combine contextual depth and comparative width, the book features two key case analyses - South Africa and Sri Lanka - alongside discussions of multiple cases, including such emblematic sites as Rwanda and Argentina, but also sites better known for resisting than for embracing international norms of transitional justice, such as Turkey or Cote d'Ivoire. The different contributions, grouped in themed sections, progressively explore the issues, actors and resources that are typically forgotten when societies celebrate their pasts rather than mourning their losses and, in doing so, open new possibilities to build more inclusive processes for addressing the present consequences of past injustice.

This book contributes to current debates about "queer outsides" and "queer outsiders" that emerge from tensions in legal reforms aimed at improving the lives of lesbian, gay, bisexual, transgender, intersex, and queer people in the United Kingdom. LGBTIQ people in the UK have moved from being situated as "outlaws" - through prohibitions on homosexuality or cross-dressing - to respectable "in laws" - through the emerging acceptance of same-sex families and self-identified genders. From the partial decriminalisation of homosexuality in the Sexual Offences Act 1967, to the provision of a bureaucratic mechanism to amend legal sex in the Gender Recognition Act 2004, bringing LGBTIQ people "inside" the law has prompted enormous activist and academic commentary on the desirability of inclusion-focused legal and social reforms. Canvassing an array of current socio-legal debates on colonialism, refugee law, legal gender recognition, intersex autonomy and transgender equality, the contributing authors explore "queer outsiders" who remain beyond the law's reach and outline the ways in which these outsiders might seek to "come within" and/or "stay outside" law. Given its scope, this modern work will appeal to legal scholars, lawyers, and activists with an interest in gender, sex, sexuality, race, migration and human rights law.

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.

In this ground-breaking collection of essays, the editors and authors develop the idea of Linguistic Citizenship. This notion highlights the importance of practices whereby vulnerable speakers themselves exercise control over their languages, and draws attention to the ways in which alternative voices can be inserted into processes and structures that otherwise alienate those they were designed to support. The chapters discuss issues of decoloniality and multilingualism in the global South, and together retheorize how to accommodate diversity in complexly multilingual/ multicultural societies. Offering a framework anchored in transformative notions of democratic and reflexive citizenship, it prompts readers to critically rethink how existing contemporary frameworks such as Linguistic Human Rights rest on disempowering forms of multilingualism that channel discourses of diversity into specific predetermined cultural and linguistic identities.

This book offers a detailed analysis of the Islamic Republic of Iran's approach towards human rights in the media. It looks at the state-owned and state-controlled Islamic Republic of Iran Broadcasting (IRIB), employing content analysis and multimodal critical discourse analysis to explore its underlying strategies in portraying the international rights norms. The book also features analysis of surveys and interviews of recent Iranian migrants to determine the extent to which the Iranian public is aware of human rights principles and their views on whether and how the international rights norms are portrayed on IRIB.

Devised to accompany and complement International Organization and Global Governance this title will engage advanced undergraduate and graduate students taking more specialized courses in international relations generally, and those pursuing coursework in international organization, law, and political economy. Offers a comprehensive overview of all the current 'hot topics' - Food, Climate, Covid-19, Cities, Cybersecurity, Human Rights. Pushes beyond the traditional fare of global governance studies and invites readers to adopt both a backward- and forward-looking view of global governance, to think through the future trajectory of world order. Chapters are situated in deep and rich historical contexts. The historicism prevalent throughout is a key strength because it forces readers to consider whether the present era is a historical breaking point between world orders. The editors remind readers of the value of taking the long view, and challenge contributors (and by extension, students) to come up with new theories or ideas for continuity and change in global governance.

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 edited volume examines the extent to which the various authorities and actors currently performing border management and expulsion-related tasks are subject to accountability mechanisms capable of delivering effective remedies and justice for abuses suffered by migrants and asylum seekers. Member states of the European Union and State Parties to the Council of Europe are under the obligation to establish complaint mechanisms allowing immigrants and/or asylum seekers to seek effective remedies in cases where their rights are violated. This book sheds light on the complaint bodies and procedures existing and available in Austria, Greece, Hungary, Italy, Spain, Poland, and Romania. It assesses their role in overseeing, investigating, and redressing cases of human rights violations deriving from violent border and immigration management practices, and expedited expulsion procedures. This book therefore provides an assessment of the practical, legal, and procedural challenges that affect the possibility to lodge complaints and access remedies for human rights violations suffered at the hands of the law enforcement authorities and other security actors operating at land, air, and sea borders, or participating in expulsions procedures - in particular, joint return flights. The volume will be of key interest to students, scholars, and practitioners working on human rights, migration and borders, international law, European law and security studies, EU politics, and more broadly, 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.

This yearbook marks the fourteenth year of the Comparative Survey of Freedom and is the ninth edition in the Freedom House series of annual publications. In addition to the ratings and tables produced by the Survey, the discussion of criteria and definitions at the beginning of the 1986-87 yearbook again includes the checklist of political rights and civil liberties. Discussion of communication policies of the United States and the Soviet Union forms a special theme in this year's summary of the international struggle for free and informative news media.

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 traces the development of the discourse used by the pro-life movement since the 1970s, and its relationship to public policy efforts at the state and federal level. The pro-life movement's successes, both in legislative efforts to limit access to abortion as well changing the public's perception of the pro-life movement, is surprising given American's continued support of some level of access to abortion. Using a multi-method approach, the authors argue that these successes are a result of a dynamic and responsive movement, which has adapted both its discourse and public policy efforts since Roe v. Wade. With the Hobby Lobby ruling in 2014, the movement has successfully created its newest strategy, integrating claims of religious liberty to protect individuals and corporate entities. The book's examination of the pro-life strategy highlights its current and future impact on human rights, reproductive rights, and right-wing politics.