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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
Advancing the Human Right to Health offers a prospective on the global response to one of the greatest moral, legal, and public health challenges of the 21st century - achieving the human right to health as enshrined in the Universal Declaration of Human Rights (UDHR) and other legal instruments. Featuring writings by global thought-leaders in the world of health human rights, the book brings clarity to many of the complex clinical, ethical, economic, legal, and socio-cultural questions raised by injury, disease, and deeper determinants of health, such as poverty. Much more than a primer on the right to health, this book features an examination of profound inequalities in health, which have resulted in millions of people condemned to unnecessary suffering and hastened deaths. In so doing, it provides a thoughtful account of the right to health's parameters, strategies on ways in which to achieve it, and discussion of why it is so essential in a 21st century context. Country-specific case studies provide context for analysing the right to health and assessing whether, and to what extent, this right has influenced critical decision-making that makes a difference in people's lives. Thematic chapters also look at the specific challenges involved in translating the right to health into action. Advancing the Human Right to Health highlights the urgency to build upon the progress made in securing the right to health for all, offering a timely reminder that all stakeholders must redouble their efforts to advance the human right to health.
Gibbs and Bankhead examine the history and current situation in California as it struggles to deal with the ethnic and racial change that will make it the first American state to have a non-white majority in the first decade of the 21st century. From shock and denial, to bargaining to change the outcome, they analyze the impact in California and what this may mean for the rest of the country. They begin by tracing the major historical, social, economic and political events of the past 50 years that laid the foundation for the impetus of such ethnically and racially divisive initiatives as the efforts to strengthen anti-crime measures, remove illegal immigrants, limit affirmative action measures, and eliminate bilingual education. Each of these ballot propositions is examined, detailing the pro and con arguments of their advocates and opponents, their major financial contributors, campaign strategies, ethnic voting patterns, implications of implementation, and their impact on people of color. Gibbs and Bankhead then look at parallels from a national and international perspective. They conclude with a discussion of the values that should guide public policy debates in a multiethnic, multicultural society, and they propose specific policy alternatives to address the issues of crime prevention and control, illegal immigration, affirmative action, and bilingual education. A thoughtful analysis that will be of value to concerned citizens as well as policy makers, scholars, and students of contemporary American issues.
See the Table of Contents aEloquently written. . . . Highly Recommended.a--"G.R. Thursby, Choice" aLongtime Hare Krishna observer Rochford shows that devotees,
formerly known for their public chanting and controversial
fundraising practices, have largely moved out of the temples, taken
jobs, and established nuclear families. Using survey data and
extensive interviews, Rochford investigates the attitudes of the
original members' children (some of whom suffered abuse in the
early Hare Krishna schools), the changing roles of women, differing
modes of affiliation with the organization, and the increasing
influence of Indian Hindu immigrants in what is formally known as
the International Society for Krishna Consciousness (ISKCON). His
findings are generally clear and convincing, and he lets the
devotees speak for themselves in frequent quotes. . . . This story
of accommodation within a movement that forged its identity through
strict rejection of secular culture provides valuable insight into
how new religions evolve.a "Burke Rochford is the most notable scholarly interpreter of
Krishna Consciousness in America, and Hare Krishna Transformed is
the most insightful and informative book written on the
organizational evolution of the movement." Most widely known for its adherents chanting "Hare Krishna" and distributing religious literature on the streets of American cities, the Hare Krishna movement was founded in New York City in 1965 by A. C. Bhaktivedanta Swami Prabhupada. Formally known as the International Society for Krishna Consciousness, or ISKCON, it is based on theHindu Vedic scriptures and is a Western outgrowth of a popular yoga tradition which began in the 16th century. In its first generation ISKCON actively deterred marriage and the nuclear family, denigrated women, and viewed the raising of children as a distraction from devotees' spiritual responsibilities. Yet since the death of its founder in 1977, there has been a growing women's rights movement and also a highly publicized child abuse scandal. Most strikingly, this movement has transformed into one that now embraces the nuclear family and is more accepting of both women and children, steps taken out of necessity to sustain itself as a religious movement into the next generation. At the same time, it is now struggling to contend with the consequences of its recent outreach into the India-born American Hindu community. Based on three decades of in-depth research and participant observation, Hare Krishna Transformed explores dramatic changes in this new religious movement over the course of two generations from its founding.
Can transnational corporations ignore human rights as long as governments don't hold them accountable? If the UN is put in charge of a territory, is it bound by human rights law? Does that body of law apply to private security contractors who use torture to achieve their goals? Does the right to freedom of speech apply in a private shopping mall which has become the modern-day town centre? Under traditional approaches to human rights, non-State actors are beyond the direct reach of international human rights law. They cannot be parties to the relevant treaties and so they are only bound to the extent that obligations accepted by States can be applied to them by governments. The result is that entities including Non-Governmental Organizations, international organizations such as the UN and the IMF, private security contractors, and transnational corporations, along with many others, are generally considered not to be bound directly by human rights law. This situation threatens to make a mockery of much of the international system of accountability for human rights violations. As privatization, outsourcing, and downsizing place ever more public or governmental functions into the hands of private actors, the human rights regime must adapt if it is to maintain its relevance. The contributors to this volume examine the different approaches that might be taken in order to ensure some degree of accountability. Making space in the legal regime to take account of the role of non-State actors is one of the biggest and most critical challenges facing international law today.
The Reagan Adminstration justified its civil rights enforcement by claiming an electoral mandate to reduce government. The Administration employed an administrative strategy to fulfill this asserted mandate, illustrating the conventional wisdom that the strategy enhances political responsiveness. But responsiveness to popular will is one democratic value, while protection of minority rights another. In the case of the administrative strategy to enforce the law protecting civil rights of the institutionalized, career employees within the Reagan Justice Department reacted forcefully to the change in policy direction, believing their action was critical to protecting basic human rights because of the powerlessness of the affected group. Holt examines how the Reagan Administration implemented its strategy of limited enforcement and the varied responses of the career employees, including internal and external criticism, mass departure, and even sabotage of some actions. A survey of careerists and interviews with both political and career employees provide detailed accounts of the clash that ensued. In addition to providing valuable information on how and when an administrative strategy can best be employed, Holt identifies some of the hidden costs of a tightly controlled bureaucracy. An apparently successful policy, which minimizes the involvement of experienced career employees, can have an adverse long term effect. A valuable study for all students and researchers of public policy formation and implementation, the contemporary presidency, and civil rights.
"This book makes important contributions to Women's Studies and Speech Communication and deserves our critical attention."--"Women's Studies in Communication" Many of us have grown up with the language of civil rights, yet rarely consider how the construction of civil rights claims affects those who are trying to attain them. Diane Miller examines arguments lesbians and gay men make for civil rights, revealing the ways these arguments are both progressive--in terms of helping to win court cases seeking basic human rights--and limiting--in terms of framing representations of gay men and lesbians. Miller incorporates case studies of lesbians in the military and in politics into her argument. She discusses in detail the experiences of Colonel Margarethe Cammermeyer, who was dishonorably discharged from the National Guard after 27 years of service when she revealed that she was a lesbian, and Roberta Achtenberg, who was nominated by Clinton for the job of Assistant Director of Housing and Urban Development and became the first gay or lesbian to face the confirmation process. Drawing on these cases and their outcomes, Miller evaluates the advantages and disadvantages of privileging civil rights strategies in the struggle for gay and lesbian rights.
Bringing to light a long-neglected aspect of Thomas Jefferson's political philosophy - the "ward republic" - Gary Hart here offers a wholly original blueprint for republican restoration in which every citizen can participate democratically in the governing of his or her own life. Of crucial relevance for contemporary society, including its startlingly prescient plan for homeland security, Restoration of the Republic provides original insights into issues of national urgency as well as the timeless questions that bedevil the American democratic experiment.
Amnesty laws are political tools used since ancient times by states wishing to quell dissent, introduce reforms, or achieve peaceful relationships with their enemies. In recent years, they have become contentious due to a perception that they violate international law, particularly the rights of victims, and contribute to further violence. This view is disputed by political negotiators who often argue that amnesty is a necessary price to pay in order to achieve a stable, peaceful, and equitable system of government. This book aims to investigate whether an amnesty necessarily entails a violation of a state's international obligations, or whether an amnesty, accompanied by alternative justice mechanisms, can in fact contribute positively to both peace and justice. This study began by constructing an extensive Amnesty Law Database that contains information on 506 amnesty processes in 130 countries introduced since the Second World War. The database and chapter structure were designed to correspond with the key aspects of an amnesty: why it was introduced, who benefited from its protection, which crimes it covered, and whether it was conditional. In assessing conditional amnesties, related transitional justice processes such as selective prosecutions, truth commissions, community-based justice mechanisms, lustration, and reparations programmes were considered. Subsequently, the jurisprudence relating to amnesty from national courts, international tribunals, and courts in third states was addressed. The information gathered revealed considerable disparity in state practice relating to amnesties, with some aiming to provide victims with a remedy, and others seeking to create complete impunity for perpetrators. To date, few legal trends relating to amnesty laws are emerging, although it appears that amnesties offering blanket, unconditional immunity for state agents have declined. Overall, amnesties have increased in popularity since the 1990s and consequently, rather than trying to dissuade states from using this tool of transitional justice, this book argues that international actors should instead work to limit the more negative forms of amnesty by encouraging states to make them conditional and to introduce complementary programmes to repair the harm and prevent a repetition of the crimes. David Dyzenhaus "This is one of the best accounts in the truth and reconciliation literature I've read and certainly the best piece of work on amnesty I've seen." Diane Orentlicher "Ms Mallinder's ambitious project provides the kind of empirical treatment that those of us who have worked on the issue of amnesties in international law have long awaited. I have no doubt that her book will be a much-valued and widely-cited resource."
Amidst ongoing allegations of inappropriate behavior and trafficking during UN peacekeeping missions, this volume takes a step back to analyze the post-war and peacekeeping contexts in which prostitution flourishes. Using ethnographic research conducted in Kosovo from 2011 to 2015, this book offers an alternate understanding of the growth of the sex industry in the wake of war. It features in-depth interviews with the diverse women engaged in prostitution, with those facilitating it, and with police, prosecutors, and gynecologists. Drawing on the perspectives of women engaged in prostitution in the wake of war, this volume argues that the depiction of these women as victims of trafficking in the hegemonic discourse does more harm than good. Instead, it outlines the complex set of circumstances and choices that emerge in the context of a growing post-war sex economy. Extrapolating the conclusions from the study of Kosovo, this book is a valuable resources for researchers and practitioners studying the aftermath of war in the Balkans and beyond, and researchers engaged with the function of the UN and peacekeeping missions internationally.
In the 1930s, Freud observed that "when you meet a human being, the first distinction you make is `male or female?' and you are accustomed to make the distinction with unhesitating certainty." As Freud suggests, society is divisible by gender. We are taken to be either "male" or "female." This notion seems to be fixed within our culture and is often unquestioned. In this dynamic book, fashion journalist Laura Cherrie Beaney examines gender as a concept and as a practice that is also challenged and contested in the fashion industry. While gender has been relatively fixed within our society, we are nevertheless entertained by "gender bending." The media and entertainment industries now represent a range of gender identities. As much as it is a cultural phenomenon, gender is also an individual practice. Social theorists describe some individuals as "gender outlaws" for actively choosing to blend and shape their own gender identities. Fashionable clothing makes multiple statements about the wearer. It can identify social status and tell the viewer, "This is the type of person I am." In contemporary culture, fashion designers, stylists, photographers, and other media professionals have been fascinated with the idea of gender and its ever-changing boundaries. In recent years, the fashion industry has also focused on ideas of unisex identity and androgyny. Indeed, the fashion industry seems to afford a decadent sense of power to alternative gender identities. Fashion designers and stylists have been inspired by alternative gender identities when creating images and when showcasing their designs. Crossing the Catwalk explores fashion to understand how this mediated image of gender equality in the twenty-first century relates to reality by examining cross-dressing and transvestism through the construction of personal style. By using case studies from a range of different sources, the book will give a clear idea of how the reality of cross-dressing compares to the glamorous and decadent images portrayed by the fashion industry. It will aim to uncover the true motivations for those who cross dress and analyze the construction of gendered personal styles in relation to fashion.
The international protection regime for refugees and other forced migrants seems increasingly at risk as measures designed to enhance security-of borders, of people, of institutions, and of national identity-encroach upon human rights. This timely edited collection responds to some of the contemporary challenges faced by the international protection regime, with a particular focus on the human rights of those displaced. The book begins by assessing the impact of anti-terrorism laws on refugee status, both at the international and domestic levels, before turning to examine the function of offshore immigration control mechanisms and extraterritorial processing on asylum seekers' access to territory and entitlements (both procedural and substantive). It considers the particular needs and rights of children as forced migrants, but also as children; the role of human rights law in protecting religious minorities in the context of debates about national identity; the approaches of refugee decision-makers in assessing the credibility of evidence; and the scope for an international judicial commission to provide consistent interpretative guidance on refugee law, so as to overcome (or at least diminish) the currently diverse and sometimes conflicting approaches of national courts. The last part of the book examines the status of people who benefit from 'complementary protection'-such as those who cannot be removed from a country because they face a risk of torture or cruel, inhuman or degrading treatment or punishment-and the scope for the broader concept of the 'responsibility to protect' to address gaps in the international protection regime.
After decades of scholarship on the civil rights movement at the local level, the insights of bottom-up movement history remain essentially invisible in the accepted narrative of the movement and peripheral to debates on how to research, document, and teach about the movement. This collection of original works refocuses attention on this bottom-up history and compels a rethinking of what and who we think is central to the movement. The essays examine such locales as Sunflower County, Mississippi; Memphis, Tennessee; and Wilson, North Carolina; and engage such issues as nonviolence and self-defense, the implications of focusing on women in the movement, and struggles for freedom beyond voting rights and school desegregation. Events and incidents discussed range from the movement's heyday to the present and include the Poor People's Campaign mule train to Washington, D.C., the popular response to the deaths of Rosa Parks and Coretta Scott King, and political cartoons addressing Barack Obama's presidential campaign. The kinds of scholarship represented here--which draw on oral history and activist insights (along with traditional sources) and which bring the specificity of time and place into dialogue with broad themes and a national context--are crucial as we continue to foster scholarly debates, evaluate newer conceptual frameworks, and replace the superficial narrative that persists in the popular imagination.
How Long?, How Long? retells the story of the civil rights from the previously overlooked perspective of its African-American women participants. A compelling and readable narrative history, How Long?, How Long? at the same time presents a rethinking of social movement theory and a controversial thesis: that chroniclers have egregiously neglected the most important leaders of the civil rights movement, African-American women, in favour of higher-profile African-American men and white women.
This book focuses on the interaction and mutual influences between the East and the West in terms of their legal systems and practices. In this regard, it highlights Professor Herbert H.P. Ma's achievements and his efforts to bring Eastern and Western legal concepts and systems closer together. The book shows that, while there have been convergences between different legal regimes in many fields of law, diverse legal practices and approaches rooted in differing cultural, social, political and philosophical backgrounds do remain, and that these differences are not necessarily negative elements in the contemporary legal order. By examining different levels of the legal order, including domestic, regional and multilateral, it goes on to argue that identifying these diversities and addressing the interactions and mutual influences between different regimes is a worthwhile undertaking, not only in terms of mutual enrichment, but also with regard to intensifying the degree of desirable coordination between different legal systems. All chapters were written by leading experts, practitioners and scholars from different jurisdictions with expertise in various fields of law and different levels of the legal order, and discuss a number of issues with particular focus on either "one-way" or mutual influences between the Eastern and the Western legal systems, practices and philosophies.
Within an interdisciplinary context of public health, reproductive health, and women's rights, this book chronicles the interaction of public policies and private reproductive behavior in the 28 formerly socialist countries of Central and Eastern Europe and the USSR successor states from 1917 to the present. Focusing on the interaction of public policies and private behaviors, special emphasis is placed on the status of women--from producers of labor to reproducers of families. Consideration is given to societal values and traditions, Marxist theory, socialist and patriarchal perceptions of gender roles, status of women, changes in legislation facilitating or constraining access to modern contraceptives and abortion, pronatalist influences on demographic trends, attitudes of public health service providers, views on sex education, adolescent sexual behavior, and emerging roles of public services and nongovernmental organizations. Included are notes on key developments in the USSR successor states in Europe and in Asia, a discussion of the societal effects of post-socialist transitions from central planning to market economies, and commentaries on the changing emphasis from demographic aspects to reproductive and sexual health, postabortion psychological responses, and the activities of antiabortion-oriented religious organizations. To the extent available, statistical data tabulated include live birth, legally induced abortions, birth rates, legal abortion rates, legal abortion ratios, and total fertility rates. Over 1250 references are listed.
Vietnam has claimed the Paracel and Spratly Island groups for hundreds of years. China's invasion and capture of the Paracels from South Vietnam in 1974, and its ongoing occupation of the Spratlys, have created increasing opposition and anger not only among Vietnamese citizens but worldwide. This book insists that China's illegal violation of Vietnamese sovereignty rights in the Paracels and Spratlys has included serious human rights violations and decelerated the process of human emancipation. Using both realist and critical theories in a comparative framework, China Moves South states that while realism may offer a reasonable approach to explaining China's behavior, critical theory is a more appropriate lens to challenge China's occupations. Employing critical theory and human rights law as methods of evaluation, this book insists that human rights and international law cannot sustain China's continuing violations as defined by the United Nations Conventions on the Law of the Sea in 1982. Additionally, China Moves South aims to provide government officials, international scholars, students, and other interested parties with a better understanding of Chinese's illegal invasion and capture of the Paracels and Spratlys and, more importantly, to counsel urgent action to resist the Chinese occupation as China becomes more assertive in the vital waters of the South China Sea.
This innovative and timely Handbook brings together the work of 25 leading human rights scholars from all over the world to consider a broad range of human rights topics. The book discusses a wide range of contemporary themes, for example jurisdictional issues, such as human rights in the private sphere and extra-territorial obligations. It also deals with global and regional human rights systems, intersections with other areas of international law and practice, such as international criminal law and globalisation, and specific human rights topics including terrorism and indigenous peoples. Providing an excellent grounding for scholars seeking to understand the major topics within the discipline, this topical book is accessible to the novice human rights scholar, yet of great interest to the most seasoned human rights researcher. It will strongly appeal to law academics as well as students and practitioners of human rights.
Questions about democracy and human rights have emerged in the advent of the 21st century, a time in which the prospects for progress in these areas have never been greater. This book is designed to respond to some of these questions with reference to Latin America, where democratic regimes have alternated with authoritarian governments and the human rights record is inconsistent at best. Taken together, these essays reveal the complexity of democratic transitions, the importance of support for human rights, and the way in which democracy and human rights are linked in Latin America. The first part of the book includes chapters that cast a critical eye on democracy and human rights trends in Chile, Venezuela, Columbia, and Brazil. Part two gauges the impact and prospects of foreign initiatives promoting democracy and human rights in the region, focusing especially on those efforts made by the United States in Haiti and Cuba. Each chapter reaffirms the essential linkages between procedural democracy and substantive human rights, and argues that states with authoritarian pasts must reorient their political cultures, and that these initiatives must come from both domestic and international agents. Students and scholars interested in the problems and prospects inherent in democratic transitions in contemporary Latin America will find this collection enlightening.
At the dawn of the 1700s the Natchez viewed the first Francophones in the Lower Mississippi Valley as potential inductees to their chiefdom. This mistaken perception lulled them into permitting these outsiders to settle among them. Within two decades conditions in Natchez Country had taken a turn for the worse. The trickle of wayfarers had given way to a torrent of colonists (and their enslaved Africans) who refused to recognize the Natchez's hierarchy. These newcomers threatened to seize key authority-generating features of Natchez Country: mounds, a plaza, and a temple. This threat inspired these Indians to turn to a recent import-racial categories-to re-establish social order. They began to call themselves "red men" to reunite their polity and to distance themselves from the "blacks" and "whites" into which their neighbours divided themselves. After refashioning their identity, they launched an attack that destroyed the nearby colonial settlements. Their 1729 assault began a two-year war that resulted in the death or enslavement of most of the Natchez people. In Natchez Country, George Edward Milne provides the most comprehensive history of the Lower Mississippi Valley and the Natchez to date. From La Salle's first encounter with what would become Louisiana to the ultimate dispersal of the Natchez by the close of the 1730s, Milne also analyses the ways in which French attitudes about race and slavery influenced native North American Indians in the vicinity of French colonial settlements on the Mississippi River and how Native Americans in turn adopted and resisted colonial ideology. |
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