This book probes the depths of libertarian philosophy and highlights the need for laws that protect all individuals in society. This book defines libertarianism as a theory of what is just law, it is predicated upon the non-aggression principle (NAP). This legal foundation of the libertarian philosophy states that it should be illicit to threaten or engage in initiatory violence against innocent people. Ultimately, this book presents the notion, defend the "undefendable." This book defines that as; any person, institution, professional, worker, which is either reviled by virtually everyone, or prohibited by law, and does not violate the NAP. Weaved throughout, this book uses political philosophy to present three fundamental premises to explain this libertarian point of view. Firstly, this book defines the non-aggression principle (NAP). Secondly, demonstrates the importance and relevance of private property rights in this context. This book uses practical examples to demonstrate the theoretical application of freedom rights using libertarianism principles.

This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research - one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states.

The volume gathers theoretical contributions on human rights and global justice in the context of international migration. It addresses the need to reconsider human rights and the theories of justice in connection with the transformation of the social frames of reference that international migrations foster. The main goal of this collective volume is to analyze and propose principles of justice that serve to address two main challenges connected to international migrations that are analytically differentiable although inextricably linked in normative terms: to better distribute the finite resources of the planet among all its inhabitants; and to ensure the recognition of human rights in current migration policies. Due to the very nature of the debate on global justice and the implementation of human rights and migration policies, this interdisciplinary volume aims at transcending the academic sphere and appeals to a large public through argumentative reflections. Challenging the Borders of Justice in the Age of Migrations represents a fresh and timely contribution. In a time when national interests are structurally overvalued and borders increasingly strengthened, it's a breath of fresh air to read a book in which migration flows are not changed into a threat. We simply cannot understand the world around us through the lens of the 'migration crisis'-a message the authors of this book have perfectly understood. Aimed at a strong link between theories of global justice and policies of border control, this timely book combines the normative and empirical to deeply question the way our territorial boundaries are justified. Professor Ronald Tinnevelt, Radboud University Nijmegen, The Netherlands This book is essential reading for those frustrated by the limitations of the dominant ways of thinking about global justice especially in relation to migration. By bringing together discussions of global justice, cosmopolitan political theory and migration, this collection of essays has the potential to transform the way in which we think and debate the critical issues of membership and movement. Together they present a critical interdisciplinary approach to international migration, human rights and global justice, challenging disciplinary borders as well as political ones. Professor Phil Cole, University of the West of England, UK

Relations between societal values and legal doctrine are inevitably complex given the time lag between law and social reality, and the sociological space between legal communities involved in the development and application of the law and non-legal communities affected by it. It falls on open-ended concepts, such as proportionality, human rights, dignity, freedom, and truth, and on legal frameworks for balancing competing rights and interests, such as self-defense, command or corporate responsibility, and restrictions on freedom of expression, to negotiate chronic tensions between law and society and to bridge existing gaps. The present volume contains chapters by leading experts - former judges on constitutional courts and international courts, and some of the world's leading criminal law, public law, and international law scholars - offering their points of view and professional analysis of legal notions and doctrines that serve as hubs for the interpretation, application, and contestation of core values, which in turn constitute building blocks of the rule of law. The shared perspective on the interplay between values and legal rules in public law, criminal law, and international law is likely to render the publication a valuable resource for both theoreticians and practitioners, law students, and seasoned legal experts working in diverse legal fields.

This collection considers human rights and incarceration in relation to the liberal-democratic states of Australia, New Zealand and the UK. It presents original case-study material on groups that are disproportionately affected by incarceration, including indigenous populations, children, women, those with disabilities, and refugees or 'non-citizens'. The book considers how and why human rights are eroded, but also how they can be built and sustained through social, creative, cultural, legal, political and personal acts. It establishes the need for pragmatic reforms as well as the abolition of incarceration. Contributors consider what has, or might, work to secure rights for incarcerated populations, and they critically analyse human rights in their legal, socio-cultural, economic and political contexts. In covering this ground, the book presents a re-invigorated vision of human rights in relation to incarceration. After all, human rights are not static principles; they have to be developed, fought over and engaged with.

Refugees lie at the heart of world politics. The causes and consequences of, and responses to, human displacement are intertwined with many of the core concerns of International Relations. Yet, scholars of International Relations have generally bypassed the study of refugees, and Forced Migration Studies has generally bypassed insights from International Relations. This volume therefore represents an attempt to bridge the divide between these disciplines, and to place refugees within the mainstream of International Relations. Drawing together the work and ideas of a combination of the world's leading and emerging International Relations scholars, the volume considers what ideas from International Relations can offer our understanding of the international politics of forced migration. The insights draw from across the theoretical spectrum of International Relations from realism to critical theory to feminism, covering issues including international cooperation, security, and the international political economy. They engage with some of the most challenging political and practical questions in contemporary forced migration, including peacebuilding, post-conflict reconstruction, and statebuilding. The result is a set of highly original chapters, yielding not only new concepts of wider relevance to International Relations but also insights for academics, policy-makers, and practitioners working on forced migration in particular and humanitarianism in general.

The exceptionality of America's Supreme Court has long been conventional wisdom. But the U.S. Supreme Court is no longer the only one changing the landscape of public rights and values. Over the past thirty years, the European Court of Human Rights has developed an ambitious, American-style body of law. Unheralded by the mass press, this obscure tribunal in Strasbourg, France, has become, in many ways, the Supreme Court of Europe. Michael D. Goldhaber introduces American audiences to the judicial arm of the Council of Europe - a group distinct from the European Union, and much larger - whose mission is centered on interpreting the European Convention on Human Rights. The council routinely confronts nations over their most culturally sensitive, hot-button issues. It has stared down France on the issue of Muslim immigration, Ireland on abortion, Greece on Greek Orthodoxy, Turkey on Kurdish separatism, Austria on Nazism, and Britain on gay rights and corporal punishment. And what is most extraordinary is that nations commonly comply. In the battle for the world's conscience, Goldhaber shows how the court in Strasbourg may be pulling ahead.

This work profiles the appalling human rights record of modern Indonesia, against a history of the country. Brutal repression, the unjust legal system and corrupt nepotism are described, with attention to the independence struggles of the East Timorese and West Papuans. The historical survey includes the anti colonialist campaign, the role of Sukarno as first president, the Suharto decades, the 1998 appointment of Habibie as third president and the social chaos caused by economic collapse. It also describes also how the United States and Britain plotted anti Sukarno coups, supported 1960s massacres and protected the despotic Suharto regime.

Why are some genocides prominently remembered while others are ignored, hidden, or denied? Consider the Turkish campaign denying the Armenian genocide, followed by the Armenian movement to recognize the violence. Similar movements are building to acknowledge other genocides that have long remained out of sight in the media, such as those against the Circassians, Greeks, Assyrians, the indigenous peoples in the Americas and Australia, and the violence that was the precursor to and the aftermath of the Holocaust. The contributors to this collection look at these cases and others from a variety of perspectives. These essays cover the extent to which our biases, our ways of knowing, our patterns of definition, our assumptions about truth, and our processes of remembering and forgetting as well as the characteristics of generational transmission, the structures of power and state ideology, and diaspora have played a role in hiding some events and not others. Noteworthy among the collection's coverage is whether the trade in African slaves was a form of genocide and a discussion not only of Hutus brutalizing Tutsi victims in Rwanda, but of the execution of moderate Hutus as well. Hidden Genocides is a significant contribution in terms of both descriptive narratives and interpretations to the emerging subfield of critical genocide studies.

During a one-hundred-day period in 1994, Hutus murdered between half a million and a million Tutsi in Rwanda. The numbers are staggering; the methods of killing were unspeakable. Utilizing personal interviews with trauma survivors living in Rwandan cities, towns, and dusty villages, We Cannot Forget relates what happened during this period and what their lives were like both prior to and following the genocide.

Through powerful stories that are at once memorable, disturbing, and informative, readers gain a critical sense of the tensions and violence that preceded the genocide, how it erupted and was carried out, and what these people faced in the first sixteen years following the genocide.

This book describes how international development works, its shortcomings, its theoretical and practical foundations, along with prescriptions for the future. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global poverty issues. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. In particular, the book provides new, innovative analysis on corruption as an impediment to sustainable development. The three interlocking facets of corruption are examined: transnational organized crime, Islamic-based international terrorism, and corruption within emerging economies and the international banking system. Thus fresh new analysis adds depth and clarity to a field that heretofore has been scattered and superficial. Finally, the "right to development" within the international human rights discourse is critically reviewed, particularly in light of new jurisprudence emerging from the African context.This book offers a fresh, new and balanced legal perspective on the development process. The text has been rigorously researched and has many practical facets based on the author's professional experience within the international development field. It is an invaluable research and teaching tool since it takes a multidisciplinary approach to putting complex issues, legal trends and political questions into a clear, new perspective that is highly analytical as well as accessible to the reader. The author's elegant legal prose is both powerful and persuasive.

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.

This book presents the story of Ruby A. Black, a feminist who broke new ground for women in Washington journalism in the 1920s and 1930s as a correspondent for a Puerto Rican newspaper and the first biographer of Eleanor Roosevelt. It offers access to the secret correspondence that shows how Black used her friendship with Roosevelt to advance the political career of Luis Munoz Marin, Puerto Rico's first elected governor. The book describes Black's effort, ultimately unsuccessful, to become both a well-regarded journalist and a political operative in the nation's capital, a feat particularly difficult for a woman. It contends Black's closeness to Roosevelt proved both a help and a hindrance to Black's stature as a journalist.

This set of 23 volumes, originally published between 1934 and 1994 shed much light on the history of industrial relations and working-class organisation in the UK. They analyse trade union structure, organization and government and look at the pattern of union activity in the workplace. Containing fascinating insider accounts of developments in British industrial relations they analyse the impact of the changing economic and political climate on trade unions in Europe and use a series of comparative case studies to examine change in the government, growth, mergers, character and bargaining structures of British unions. They provide an introduction to the characteristics and styles of trade unionism in Europe and offer a comprehensive guide to the complex structure and administration of British Trade Unions as well as analysing the relationship between political parties and trade unions in Poland, the Czech Republic, Slovakia, Hungary and Bulgaria.

This book explores the human rights consequences of the new mercenarism, as channeled through so-called private military and security companies (PMSCs), and offers an overview of the evolution and status quo of both non-legal (soft law and self-regulation) and legal initiatives seeking to limit them. It addresses various topics, including the impact of the presence of non-state actors on human security using the cases of Afghanistan and Syria; research on PMSCs' impact on human rights in specific cases; the insufficiency and ineffectiveness of existing direct and indirect legal prohibitions on the use of mercenaries; various aspects of international human rights law and international humanitarian law related to the conduct of PMSCs; soft-law and self-regulation mechanisms; and the international minimum standard in general international law regarding the privatization, export, import, and contracting of PMSCs.

This monograph offers a longitudinal analysis of the developments in the European fundamental rights arena during the last decade. Decisions of critical importance on the future of the EU need to be taken by the EU institutions and the Member States' governments. The 'existential' crisis affecting Europe is essentially a crisis of values revealing a lack of shared vision. Based on this premise, this monograph contributes to the debate on how to overcome the current impasse. By situating the analysis of the EU in the context of a wider Europe, which includes the ECHR (and its interpretation by the ECtHR), this work challenges the idea that the project of European integration should be abandoned. Instead it proposes a re-orientation of this process, conceptualised as a dynamic interaction of different actors, sources and laws on fundamental rights within the wider Europe. Following an evaluation of the current fundamental rights' regimes, the monograph proposes a model of effective governance of fundamental rights in Europe based on the doctrines of dialogical constitutionalism and agency. This original and innovative contribution is enriched by findings from British Academy funded research on the European architecture of fundamental rights post-Lisbon Treaty.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. David P. Forsythe presents a compelling introduction to international human rights in a political context. He stresses the difficulties of interjecting human rights into foreign policy and international politics, while recognising the considerable progress that has been made over time. Focusing on international organizations, states, corporations, and private advocacy groups, Forsythe addresses key themes including war, migration, climate change, and slavery. Key features include: a multidisciplinary approach that draws on findings in political science, law, diplomacy, history, and economics discussion of a broad range of both traditional and contemporary topics from the United Nations to the internet and pandemics an assessment of the progress made in promoting human rights and humanitarian ideas, and how these ideas translate into tangible improvements for human dignity. Adopting a politically realistic and historically informed perspective, this Advanced Introduction will be a valuable resource for students of human rights, international relations, and political science.

This book considers the European Union as a project with a major antidiscrimination goal, which is important to remember at a time of increasing resentment against particularly exposed groups, especially migrants, refugees, members of ethnic or religious minorities and LGBTI persons. While equality and non-discrimination have long been core principles of the international community as a whole, as is made obvious by the UN Charter and the Universal Declaration of Human Rights, they have shaped European integration in a particular way. The concepts of diversity, pluralism and equality have always been inherent in that process, the EU being virtually founded on the values of equality and non-discrimination. The Charter of Fundamental Rights of the EU contains the most modern and extensive catalogue of prohibited grounds of discrimination, supplementing the catalogue enshrined in the European Convention on Human Rights. EU law has given new impulses to antidiscrimination law both within Europe and beyond. The contributions to this book focus on how effective and credible the EU has been in combatting discrimination inside and outside Europe. The authors present different (mostly legal) aspects of that topic and examine them from various intra- and extra-European angles.

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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
--"Publishers Weekly"

"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."
--David G. Bromley, Virginia Commonwealth University

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.

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.

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.

When states are threatened by war and terrorism, can we really expect them to abide by human rights and humanitarian law? David P. Forsythe's bold analysis of US policies towards terror suspects after 9/11 addresses this issue directly. Covering moral, political, and legal aspects, he examines the abuse of enemy detainees at the hands of the United States. At the center of the debate is the Bush Administration, which Forsythe argues displayed disdain for international law, in contrast to the general public's support for humanitarian affairs. Forsythe explores the similarities and differences between Presidents Obama and Bush on the question of prisoner treatment in an age of terrorism and asks how the Administration should proceed. The book traces the Pentagon's and CIA's records in mistreating prisoners, providing an account which will be of interest to all those who value human rights and humanitarian law.

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.