Global Governance of Labour Rights provides an outstanding collection of essays examining how international trade relations, trade agreements and non-state actors influence labour rights governance. This well-crafted, coherent, and thoughtful volume will make important contributions to the ongoing debates on the regulation and enforcement of labour rights.' - Aseem Prakash, University of Washington, Seattle, US'The Editors have managed to make, through this volume, a major contribution to the on-going discussion regarding the 'internationalization' of labour rights. Their single most important achievement is that they have produced a coherent 'whole' out of many heterogeneous parts. Both the intra-EU, as well as the international dimension, are skillfully debated in a volume that does not simply view the former as a hothouse for the latter, but discusses the interactions of the two orders in the most systematic way.' - Petros C. Mavroidis, Columbia Law School, New York City, US 'This excellent collection of essays provides fresh transnational and critical perspectives on the often ignored topic of labour rights. Ugly reports of collapsed factories and buried workers, of slave-like conditions among migrants and children, continue to horrify readers and viewers worldwide. What can be done? This book contains some long-awaited answers.' - Thomas G. Weiss, The City University of New York's Graduate Center, US 'The bulk of the world's governments and a growing number of firms now say they respect labour rights. Yet scholars, activists and policymakers have little understanding of the effectiveness of ILO conventions and government initiatives. In this important and well-written book, we get answers to many of the most pressing questions about how governments and private sector actors can advance labour rights and conditions. Kudos to Marx, Wouters, Rayp and Beke for a must-read book.' - Susan Ariel Aaronson, Research Professor of International Affairs and Director eBay policy scholars, Elliot School, GWU Stories and images of collapsed factories, burned down sweatshops, imprisoned migrant workers, child workers and many other violations of internationally recognized labour rights continue to spread across the globe. This highly topical book examines the different instruments which are intended to protect labour rights on a transnational scale, and asks whether they make a difference. With perspectives from law, management, sociology, political science and political economy, the topics discussed include the protection of international labour rights in a globalizing economy, the EU's social dimension in its external trade relations, Asian and US perspectives on labour rights in international trade agreements, the role of (trade) unions in global labour governance and the transformative capacity of private labour governance regimes. Academics and advanced students from different disciplines will benefit from the up-to-date empirical material in this study. Policymakers, NGOs and Unions will find the discussions of the instruments used to protect labour rights of great value to their work. Contributors: L. Beke, R.C. Brown, R. Coervers, Y. Dahan, J. Donaghey, P. Glasbergen, F. Hendrickx, D. Klink, S. Koch-Baumgarten, M. Kryst, H. Lerner, A. Marx, F. Milman-Sivan, A.-G. 'Tobi' Oshodi, P. Pecinovsky, C. Pekdemir, G. Rayp, J. Reinecke, J. Soares, W. Van Acker, L. Van den Putte, P. van der Heijden, S. Velluti, J. Wouters, R. Zandvliet

Peremptory International Legal Norms and the Democratic Rule of Law explores the risks to the democratic State inherent in the attempt to divorce the notion of democratic rule of law from respect for and adherence to peremptory international legal norms which allow for no derogation therefrom such as the prohibition of torture and inhumane treatment or punishment by the State. The chapters address, with specific current case examples, in what ways the democratic rule of law within certain democratic States risks being undermined through those States acquiescing to the erosion of peremptory international law norms in the domestic and international context. The book therefore explores the question of in what ways such democratic State acquiescence in effect may ultimately disrupt the investment within the State in the shared culture of core human rights values that underlies democratic rule of law itself and highlights the fragility of that shared culture. The contributors argue for a renewed commitment in principle and practice to the democratic rule of law and to its human rights international normative underpinnings. Peremptory International Legal Norms and the Democratic Rule of Law will be of great interest to scholars of international law, human rights and democracy. The chapters originally published as a special issue of The International Journal of Human Rights.

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.

Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples' consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law - but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples' rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples' rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

A comprehensive analysis of contemporary indigenous rights

Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual's human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.

This volume presents an integrated collection of essays around the theme of India's failure to grapple with the big questions of human rights protections affecting marginalized minority groups in the country's recent rush to modernization. The book traverses a broad range of rights violations from: gender equality to sexual orientation, from judicial review of national security law to national security concerns, from water rights to forest rights of those in need, and from the persecution of Muslims in Gulberg to India's parallel legal system of Lok Adalats to resolve disputes. It calls into question India's claim to be a contemporary liberal democracy. The thesis is given added strength by the authors' diverse perspectives which ultimately create a synergy that stimulates the thinking of the entire field of human rights, but in the context of a non-western country, thereby prompting many specialists in human rights to think in new ways about their research and the direction of the field, both in India and beyond. In an area that has been under-researched, the work will provide valuable guidance for new research ideas, experimental designs and analyses in key cutting-edge issues covered in this work, such as acid attacks or the right to protest against the 'nuclear' state in India.

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.

The Routledge History of Human Rights is an interdisciplinary collection that provides historical and global perspectives on a range of human rights themes of the past 150 years. The volume is made up of 34 original contributions. It opens with the emergence of a "new internationalism" in the mid-nineteenth century, examines the interwar, League of Nations, and the United Nations eras of human rights and decolonization, and ends with the serious challenges for rights norms, laws, institutions, and multilateral cooperation in the national security world after 9/11. These essays provide a big picture of the strategic, political, and changing nature of human rights work in the past and into the present day, and reveal the contingent nature of historical developments. Highlighting local, national, and non-Western voices and struggles, the volume contributes to overcoming Eurocentric biases that burden human rights histories and studies of international law. It analyzes regions and organizations that are often overlooked. The volume thus offers readers a new and broader perspective on the subject. International in coverage and containing cutting-edge interpretations, the volume provides an overview of major themes and suggestions for future research. This is the perfect book for those interested in social justice, grass roots activism, and international politics and society.

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.

Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between 'before' and 'after' war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.

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.

This timely collection brings together original explorations of the COVID-19 pandemic and its wide-ranging, global effects on human rights. The contributors argue that a human rights perspective is necessary to understand the pervasive consequences of the crisis, while focusing attention on those being left behind and providing a necessary framework for the effort to 'build back better'. Expert contributors to this volume address interconnections between the COVID-19 crisis and human rights to equality and non-discrimination, including historical responses to pandemics, populism and authoritarianism, and the rights to health, information, water and the environment. Highlighting the dangerous potential for derogations from human rights, authors further scrutinize the human rights compliance of new legislation and policies in relation to issues such as privacy, protection of persons with disabilities, freedom of expression, and access to medicines. Acknowledging the pandemic as a defining moment for human rights, the volume proposes a post-crisis human rights agenda to engage civil society and government at all levels in concrete measures to roll back increasing inequality. With rich examples, new thinking, and provocative analyses of human rights, COVID-19, pandemics, crises, and inequality, this book will be of key interest to scholars, students, and practitioners in all areas of human rights, global governance, and public health, as well as others who are ready to embark on an exploration of these complex challenges.

Providing a contemporary history of the Palestinian prisoners movement, this book illustrates the centrality of the movement in the broader Palestinian national struggle. Based on direct interviews with former prisoners and former security sector personnel, it offers new insights into the strategies that prisoners employed to gain rights over time, as well as the tactics used by prison authorities to maintain control. Prisons have functioned as microcosms of the broader Israeli-Palestinian conflict for decades, with the Israeli state aiming to use mass incarceration for security, and Palestinian prisoners seeking to take back the prison space for organizing and resistance. Prisoners' actions included but were not limited to hunger strikes, as prisoners often relied more on everyday acts of noncompliance and developing an internal "counterorder" to challenge authorities. The volume demonstrates how the Palestinian prisoners movement was intertwined with the Palestinian national movement, strongest in the popular mobilization era of the 1970s and 1980s, and significantly weaker and more fragmented after the Oslo Accords of the 1990s and the second intifada. Presenting a fresh analysis of a central, but often overlooked aspect of the Israeli-Palestinian conflict, the volume offers valuable reflections on prison-based resistance in protracted conflicts more broadly. It is a key resource to students and scholars interested in contemporary conversations on mass incarceration, criminal justice, Middle East politics and history.

This book charts the development of forensic anthropology teams in Latin America and surveys their main characteristics, achievements, and challenges in light of a recent past fraught with state repression and violence. The volume contains contributions by an interdisciplinary group of scholars from several Latin American universities, with chapters on Argentina, Chile, Uruguay, Peru, Guatemala, and Mexico. These countries' shared legacy is a host of human rights violations that continue to have an impact on present day society. Following the move towards democracy and a public demand for truth and justice, the volume highlights the role of forensic anthropology teams and their contribution as a source of information for the historical narrative, as a legal asset in enforcing the right to truth, and in achieving reparation for victims. This collection will be of interest to scholars from Anthropology, Latin American Studies, Politics, and History.

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.

The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, and particularly the poor. Like most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions.

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.

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

The impasse currently affecting human rights as a language used to express struggles for dignity is, to a large extent, a reflection of the epistemological and political exhaustion which blights the global North. Since the global hegemony of human rights as a language for human dignity is nowadays incontrovertible, the question of whether it can be used in a counter-hegemonic sense remains open. Inspired by struggles from all corners of the world that reveal the potential but, above all, the limitations of human rights, this book offers a highly conditional response. The prevailing notion of human rights today, as the hegemonic language of human dignity, can only be resignified on the basis of answers to simple questions: why does so much unjust human suffering exist that is not considered a violation of human rights? Do other languages of human dignity exist in the world? Are these other languages compatible with the language of human rights? Obviously, we can only find satisfactory answers to these questions if we are able to envisage a radical transformation of what is nowadays known as human rights. Herein lies the challenge posed by the Epistemologies of the South: reconciling human rights with the different languages and forms of knowledge born out of struggles for human dignity.

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

Reflections on Life in Ghettos, Camps and Prisons explores the relationship between ghettos, camps, places of detention and prisons with a focus on those people who are confined, encamped, imprisoned, detained, stuck, or forcibly removed through the lens of 'stuckness'. From a point of departure in anthropology, with important contributions from criminology, geography and philosophy, the chapters explore how life is lived in and across these sites of confinement by focusing on the tactics of everyday life, while being mindful of how forms of abjection are constitutive elements of these sites. Stuckness, from this inter-disciplinary perspective, is not simply a function of the spatial form it takes; we need to understand how temporality animates stuckness as an important dimension of confinement. Death, the ultimate temporal boundary, emerges as particularly significant in this regard. With case studies from Palestine, Sierra Leone, South Africa, Northern Australia, Rwanda, Ivory Coast and Nicaragua, the contributors focus on the empirical question of how structures of stuckness, confinement and forced mobility impact on the possibilities of 'making life'. Suggesting new ways of thinking about how temporality and spatiality intersect and overlap in the lives of people struggling to manage conditions of stuckness, Reflections on Life in Ghettos, Camps and Prisons will be of great interest to scholars of anthropology, geography, criminology and philosophy. The chapters in this book originally published as a special issue of Ethnos.