Faye V. Harrison's collection of essays focuses on the intersections between race, gender, sexuality, class, and nationality that exert a huge influence on human rights conflicts around the world. Using compelling examples, the authors illustrate the central premise that understanding the dynamics of these intersections has important implications for effectively confronting oppression and constructing positive change. Investigating conflicts in Europe, the Americas, Asia, Africa, and Australia, they also reflect upon political concerns and anxieties worldwide that have grown out of the catasrophe of 9/11. The contributors comprise an internationally diverse group of anthropologists and human rights activists concerned with global, culturally diverse, gendered experiences. This anthology will be valuable to instructors, human rights workers, and applied professionals in anthropology, gender studies, ethnic studies, and international human rights.

Focusing on the case of disability, this book examines what happens when previously marginalised individuals obtain the legal recognition of their equal citizenship rights but cannot fully enjoy these rights because of structural inequality. Bringing together disability and citizenship studies, it explores an original conceptualisation of disability as a distinct social division and approaches citizenship as a developing institution. In addition to providing innovative theoretical perspectives on citizenship and disability, this book is grounded in the empirical analysis of the claims of disability activists in Sweden. Drawing on a wide range of blog posts and debate articles, it sheds light upon the inequality and domination faced by disabled people in Sweden and underlines the disability activists' proactive ideas and solutions for constructing a more equal citizenship. This book will be of interest to scholars, activists and policymakers in the fields of disability, citizenship, social inequality, human rights, politics, activism, social welfare and sociology.

This book explores the ways and means by which English threatens the vitality and diversity of other languages and cultures in the modern world. Using the metaphor of the Hydra monster from ancient Greek mythology, it explores the use and misuse of English in a wide range of contexts, revealing how the dominance of English is being confronted and counteracted around the globe. The authors explore the language policy challenges for governments and education systems at all levels, and show how changing the role of English can lead to greater success in education for a larger proportion of children. Through personal accounts, poems, essays and case studies, the book calls for greater efforts to ensure the maintenance of the world's linguistic and cultural diversity.

"Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?" The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within the framework of the integral theory of law and the state. Their shared aim is to explain legal phenomena in the context of other relevant issues and to identify, analyse and critique conceptualizations, problems and situations. This volume is rooted in the historical and contemporary European experience with special cases from Bosnia and Hercegovina, Croatia, Latvia, Slovenia, Spain and Canada which are relevant for understanding the European problem. Solutions to the problem are sought through innovative interpretations of the rule of law, democracy and human dignity, which are followed by argumentation about how these concepts, when recognized as European legal principles, can be implemented in order to avoid ethnic conflicts. Following an introduction that defines the problem at the centre of the book and explains how legal theory can be used to address it, the book consists of eleven contributions divided into three thematic sections. The first covers topics concerning the European principles which can help avoid ethnic conflicts: the principle of compulsory adjudication in interstate relations, the principle of democracy, and principles regarding the recognition of individual and collective identities. These European principles are then investigated by drawing on legal and political theories. The second section presents three ways of conceptualizing ethnical needs in multi-ethnic states: asymmetric federalism, demoicratic account and cooperative federalism. The third and final section elaborates on issues concerning the protection of minority rights: the role of judicial ideology in protecting minority rights, citizenship, the EU mechanism for the protection of minority rights, and the importance of remembering tragic events affecting minorities.

The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee's situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.

In How to Belong, Belinda Stillion Southard examines how women leaders throughout the world have asserted their rhetorical agency in troubling economic, social, and political conditions. Rather than utilizing the concept of citizenship to bolster political influence, the women in the case studies presented here rely on the power of relationships to create a more habitable world. With the rise of global capitalism, many nation-states that have profited from invigorated flows of capital have also responded to the threat of increased human mobility by heightening national citizenship's exclusionary power. Through a series of case studies that include women grassroots protesters, a woman president, and a woman United Nations director, Stillion Southard analyzes several examples of women, all as embodied subjects in a particular transnational context, pushing back against this often violent rise in nationalist rhetoric. While scholars have typically used the concept of citizenship to explain what it means to belong, Stillion Southard instead shows how these women have reimagined belonging in ways that have enabled them to create national, regional, and global communities. As part of a broader conversation centered on exposing the violence of national citizenship and proposing ways of rejecting that violence, this book seeks to provide answers through the powerful rhetorical practices of resilient and inspiring women who have successfully negotiated what it means to belong, to be included, and to enact change beyond the boundaries of citizenship.

The political representation and involvement of sexual minorities in the United States has been highly contested and fiercely debated. As recent legislative and judicial victories create inroads towards equality for this growing population, members and advocates of these minorities navigate evolving political and legal systems while continuing to fight against societal and institutional resistance. Sexual Minorities and Politics is the first textbook to provide students with an up-to-date, thorough, and comprehensive overview of the historical, political, and legal status of sexual and gender minorities. Skillfully synthesizing the research of political scientists, political theorists, and historians, Jason Pierceson describes the history of the LGBT rights movement, chronicles the building of political and legal movements and the responses to them, examines philosophical debates within and about the movement, and assesses the current state of the politics and policies concerning sexual minorities. In addition to carefully structured analyses and contextual explanations, the text provides lists of key terms and discussion questions in each chapter to aid student comprehension and fuel classroom debate.

At the dawn of a new era, this book brings together leading activists, policy-makers and critics to reflect upon fifty years of attempts to improve respect for human rights. Authors include President Jimmy Carter, who helped inject human rights concerns into US policy; Wei Jingsheng, who struggled to do so in China; Louis Henkin, the modern "father" of international law, and Richard Goldstone, the former chief prosecutor for the Yugoslav and Rwandan war crimes tribunals. A half-century since the adoption of the Universal Declaration of Human Rights the time is right to assess how policies and actions effect the realization of human rights and to point to new directions and challenges that lie ahead. A must have for everyone in the human rights community and the broader foreign policy community as well as the reader who is increasingly aware of the visibility of human rights concerns on the public stage.

The field of conflict resolution has evolved dramatically during the relatively short duration of the discipline's existence. Each generation of scholars has struggled with the major puzzles of their era, providing theories and solutions that meet the needs of the time, only to be pushed forward by new insights and, at times, totally upended by a changing world. This introductory course text explores the genealogy of the field of conflict resolution by examining three different epochs of the field, each one tied to the historical context and events of the day. In each of these epochs, scholars and practitioners worked to understand and address the conflicts that the world was facing, at that time. This book provides a framework that students will carry with them far into their careers, enriching their contributions and strengthening their voices. Rather than a didactic approach to the field, students will develop their critical analytical skills through an inductive inquiry. Students will broaden their vocabulary, grapple with argumentation, and develop critical reading skills.

This book addresses the relationship between International Refugee Law and International Human Rights Law. Using international refugee law's analytical turn to human rights as its object of inquiry, it represents a critical intervention into the revisionism that has led to conceptual fragmentation and restrictive practices. Mainstream literature in refugee law reflects a mood of celebration, a narrative of progress which praises the discipline's rescue from obsolescence. This is commonly ascribed to its repositioning alongside human rights law, its veritable rediscovery as an arm of this far greater edifice. By using human rights logic to construct the current legal paradigm and inform us of who qualifies as a refugee, this purportedly lent areas of conceptual uncertainty a set of objective, modern criteria and increased enfranchisement to new, non-traditional claimants. The present work challenges this dominant position by finding the untold limits of its current paradigm. It stands alone in this orientation and hereby represents one of the most comprehensive, heterodox and structurally detailed reviews of this connection. The exploration of the gap between modern approaches and the unsatisfactory realities of seeking asylum forms the substance of this book. It asserts, by contrast, the existence of revolution rather than evolution. Human rights law has erased the founding tenets of the Refugee Convention, enabling powerful states to contain refugees in their region of origin. The book will be essential reading for those interested in Refugee Law, Refugee Studies, Postcolonial Legal Studies, Postmodern Critiques and Critical Legal Theory. Additionally, given its relevance for the adjudication of refugee claims, it will be an important resource for solicitors, barristers and judges.

This edited book focuses on the most controversial aspects of assistance benefits as mandated by the Brazilian Constitution of 1988 - and the challenges that have merged since the approval, in 1993, of the Federal Act 8.742, also known as Organic Law of Social Assistance. This collection of essays allows the reader to understand some important changes in social assistance policies in Brazil in recent years, having the General Theory of Social Security and the Human Rights as references. The tensions between economic principles and affirmative policies for the less advantaged parts of the society are also covered, showing how different interpretations of key concepts - like need, poverty or family - may have an important role on the exercise of fundamental rights.

Writing in the immediate aftermath of the Second World War, the political theorist Hannah Arendt argued that the plight of stateless people in the inter-war period pointed to the existence of a 'right to have rights'. The right to have rights was the right to citizenship-to membership of a political community. Since then, and especially in recent years, theorists have continued to grapple with the meaning of the right to have rights. In the context of enduring statelessness, mass migration, people flows, and the contested nature of democratic politics, the question of the right to have rights remains of pressing concern for writers and advocates across the disciplines. This book provides the first in-depth examination of the right to have rights in the context of the international protection of human rights. It explores two overarching questions. First, how do different and competing conceptions of the right to have rights shed light on right bearing in the contemporary context, and in particular on concepts and relationships central to the protection of human rights in public international law? Secondly, given these competing conceptions, how is the right to have rights to be understood in the context of public international law? In the course of the analysis, the author examines the significance and limits of nationality, citizenship, humanity and politics for right bearing, and argues that their complex interrelation points to how the right to have rights might be rearticulated for the purposes of international legal thought and practice.

First published in 1998, this first volume of The Manual on Human Rights Education for Universities has been prepared in the hope that it will serve as a teaching aid for institutions of higher education, as well as for UNESCO Chairs, and focuses on new dimensions and challenges. UNESCO's long experience in this field goes back to 1951, when the first guide for teachers on the Universal Declaration of Human Rights was published. This formed part of UNESCO's efforts to create a comprehensive system of human rights education, embracing formal and non-formal education. Issues explored include peace, the environment, education, discrimination and extreme poverty.

Contemporary Asian art has had a remarkable impact on global art practice, in addition to serving as a record of the region's history from decolonisation to the present. Many Asian artists are deeply concerned about what it means to be human and to contribute to the development of a sustainable society, as well as having a sustained commitment to making art. This book, written at the start of the 'Asian century', focuses on the contexts and conditions which have helped to shape both art practice and postcolonial society in the region. One of the first surveys of contemporary Asian art, it uses case studies of key artists to discuss the work in relation to issues of human rights, social and environmental well-being and creativity. As such, it makes an important contribution to studies of contemporary Asian art and art history. -- .

Some 2.5 billion human beings live in severe poverty, deprived of such essentials as adequate nutrition, safe drinking water, basic sanitation, adequate shelter, literacy, and basic health care. One third of all human deaths are from poverty-related causes: 18 million annually, including over 10 million children under five.
However huge in human terms, the world poverty problem is tiny economically. Just 1 percent of the national incomes of the high-income countries would suffice to end severe poverty worldwide. Yet, these countries, unwilling to bear an opportunity cost of this magnitude, continue to impose a grievously unjust global institutional order that foreseeably and avoidably perpetuates the catastrophe. Most citizens of affluent countries believe that we are doing nothing wrong.
Thomas Pogge seeks to explain how this belief is sustained. He analyses how our moral and economic theorizing and our global economic order have adapted to make us appear disconnected from massive poverty abroad. Dispelling the illusion, he also offers a modest, widely sharable standard of global economic justice and makes detailed, realistic proposals toward fulfilling it.

Thoroughly updated, the second edition of this classic book incorporates responses to critics and a new chapter introducing Pogge's current work on pharmaceutical patent reform.

Dialogue on the conflict between religious fundamentalism and women’s rights is often stymied by an "all or nothing" approach: fundamentalists rely on a claim of absolute religious freedom, while some feminists have dismissed religion entirely as being so imbued with patriarchy as to be eternally opposed to women’s rights. This ignores the experiences of religious women who suffer under fundamentalism and fight to resist it, perceiving themselves to be at once religious and feminist. In Religious Fundamentalisms and the Human Rights of Women, Howland provides a forum for these different scholars, both religious and nonreligious, to meet and seek common ground in their fight against fundamentalism.

This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-a-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf

Human rights and conflict resolution have been traditionally perceived as two separate fields, sometimes in competition or in tension and occasionally with contradictory approaches towards achieving a lasting peace. Although human rights norms have been incorporated and institutionalized by various national, regional, and international organizations that deal with conflict resolution, negotiators and mediators are often pressured in practice to overlook international human rights principles in favor of compliance and more immediate outcomes. The chapters in this volume navigate the relationship between human rights and conflict resolution by fleshing out practical, conceptual, and institutional encounters of the two agendas and engaging with lessons learned and windows of opportunities for mutual learning. Recognizing the increasing relevance of this debate and important gaps in the current research on the topic, this book addresses the following questions: How can we improve our practical and theoretical understanding of the complementarity between human rights and conflict resolution? How would a human rights-based approach to conflict resolution look like? How are international, regional, and national organizations promoting, implementing, and/or adapting to better coordinate between human rights and conflict resolution? Building on empirical evidence from contemporary conflict resolution processes, how have human rights been integrated in different efforts on the ground? What are the main lessons learned in this regard? Examining a wide range of countries and issues, this work is essential reading for human rights, conflict resolution, and security experts including scholars, diplomats, policy-makers, civil society representatives, and students of international politics.

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of 'laws' result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

The conflict in Nepal (1996 - 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an in-depth analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors-experts, brokers, implementers and victims-and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to 'hijack' TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others. It will be of interest to a wide range of scholars in the study of transitional justice, peace and conflict studies, human rights, sociology, political science, criminology, law, anthropology and South Asian Studies, as well as policy-makers and NGOs.

As the most comprehensive edited volume to be published on perpetrators and perpetration of mass violence, the volume sets a new agenda for perpetrator research by bringing together contributions from such diverse disciplines as political science, sociology, social psychology, history, anthropology and gender studies, allowing for a truly interdisciplinary discussion of the phenomenon of perpetration. The cross-case nature of the volume allows the reader to see patterns across case studies, bringing findings from inter alia the Holocaust, the genocides in Rwanda and the former Yugoslavia, and the civil wars in Cambodia and Cote d'Ivoire into conversation with each other. The chapters of this volume are united by a common research interest in understanding what constitutes perpetrators as actors, what motivates them, and how dynamics behind perpetration unfold. Their attention to the interactions between disciplines and cases allows for the insights to be transported into more abstract ideas on perpetration in general. Amongst other aspects, they indicate that instead of being an extraordinary act, perpetration is often ordinary, that it is crucial to studying perpetrators and perpetration not from looking at the perpetrators as actors but by focusing on their deeds, and that there is a utility of ideologies in explaining perpetration, when we differentiate them more carefully and view them in a more nuanced light. This volume will be vital reading for students and scholars of genocide studies, human rights, conflict studies and international relations.

State-sponsored torture and peacebuilding encapsulate the essence of many of the current conflicts in Indonesia. Papua in particular provides a thought-provoking example of the intricacy and complexity of building peace amidst enduring conflict and violence. This book examines the complex power relations that have constructed the gruesome picture of the fifty-year practice of torture in Papua, as well as the ongoing Papuan peacebuilding movements that resist the domineering power of the Indonesian state over Papuans. Conceptualising 'theatres of torture and peace', the book argues that torture in Papua is performed in public by the Indonesian state in order to communicate its policy of terror towards Papuans - it is not meant for extracting information, gaining confessions or exacting punishment. A Torture Dataset is provided, codifying evidence from a broad range of cases, collected through sensitive interviews. In examining the data, the author crafts a new, more holistic framework for analyzing cases of torture and employs an interdisciplinary approach integrating three different theories: Foucault's theory of governmentality and sovereignty, Kristeva's theory of abjection and Metz's theory of memoria passionis (the memory of suffering). The book successfully establishes a new understanding of torture as 'public theatre' and offers a new perspective of strengthening the existing Papuan peacebuilding framework of Papua Land of Peace. It will be of interest to academics working on Southeast Asian Studies, Peace and Conflict Studies, Transitional Justice, Peacebuilding, Human Rights and Anthropology of Violence.

The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes. The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding the complicity of several state parties and the incompatibility of those actions with the European Convention of Human Rights and Fundamental Freedoms (ECHR). The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability, and identifies significant obstacles in going even further -- as international law demands. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.

This book takes a radically different approach to the concept of autonomy. Killmister defends a theory of autonomy that is four-dimensional and constituted by what she calls 'self-definition,' 'self-realisation,' 'self-unification,' and 'self-constitution.' While sufficiently complex to inform a full range of social applications, this four-dimensional theory is nonetheless unified through the simple idea that autonomy can be understood in terms of self-governance. The 'self' of self-governance occupies two distinct roles: the role of 'personal identity' and the role of 'practical agency.' In each of these roles, the self is responsible for both taking on, and then honouring, a wide range of commitments. One of the key benefits of this theory is that it provides a much richer measure not just of how autonomous an agent is, but also the shape-or degree-of her autonomy. Taking the Measure of Autonomy will be of keen interest to professional philosophers and students across social philosophy, political philosophy, ethics, and action theory who are working on autonomy.

Though the EU has tried to place human rights and democracy at the heart of its external action, there are serious concerns about its capacity to have a significant impact on the situation of human rights and human rights defenders as well as on the democratization processes taking place in different regions of the world. This edited volume sheds light on the achievements of EU policies and programmes in the field of human rights and democracy, also taking into account the challenges ahead. Analysing the changing global context's effect on the ability of the EU to have a meaningful impact in the field of human rights and democratization, it examines relevant policies and programmes of the EU to see their impact on the ground. Combining various methodologies, the authors examine primary agreements and other EU documents, secondary sources (such as evaluations of EU's policies and programmes) in the field of human rights and democracy promotion, and have interviewed EU officials, academics and other key stakeholders. From these, the book sheds light on specific programmes such as the EIDHR, the EOM and the EU Guidelines on Human Rights Defenders, illuminating the increasingly hostile environment to work for human rights and democracy in a number of countries. This text will be of key interest to scholars and students of EU human rights and law, to practitioners in Europe and beyond, and more broadly to EU studies, democracy studies and international relations.