This collection of essays on the current human rights climate in 19 countries includes Canada, Chile, China, Cuba, Israel, Poland, the USA, and USSR, and represents a variety of regimes, cultural traditions, and geographical areas. . . . For analysis of the facts this volume excels. A well-crafted introduction describes current debate about human rights theory and practice, traces the development of human rights instruments, and discusses problems of implementation. Strongly recommended.

"Library Journal"

The bulk of the scholarly literature on human rights deals with international law and politics. In contrast, this volume offers nineteen case studies of national human rights practices. Although international factors cannot be ignored, most human rights violations are perpetrated by states against their own citizens; the principal causes of the respect for and violation of human rights lie in national social and political structures.

"In The Human Rights Movement," the author examines why human rights abuses have continued to exist and even increase in number. According to Holleman, the reason for this failure is that Western and non-Western nations and cultures disagree as to the meaning of human rights and the means for promoting human rights from nation to nation and culture to culture. Christian theological anthropology suggests a via media between Western and non-Western points of view.

An eighth-generation Charlestonian with a prestigious address, impeccable social credentials, and years of intimate association with segregationist politicians, U.S. District Court Judge Julius Waties Waring shocked family, friends, and an entire state in 1945 when, at age sixty-five, he divorced his wife of more than thirty years and embarked upon a far-reaching challenge to the most fundamental racial values of his native region. The first jurist in modern times to declare segregated schooling "inequality per se," Waring also ordered the equalization of teachers' salaries and outlawed South Carolina's white primary. Off the bench, he and his second wife--a twice-divorced, politically liberal Northerner who was even more outspoken in her political views than Waring himself--castigated Dixiecrats and southern liberals alike for their defense of segregation, condemned the "sickness" of white southern society, urged a complete breakdown of state-enforced bars to racial intermingling, and entertained blacks in their home, becoming pariahs in South Carolina and controversial figures nationally. Tinsley Yarbrough examines the life and career of this fascinating but neglected jurist, assessing the controversy he generated, his place in the early history of the modern civil rights movement, and the forces motivating his repudiation of his past.

The book reviews the origin and development of the exclusionary rule in China, and systematically explains the problems and challenges faced by criminal justice reformers. The earlier version of the exclusionary rule in China pays more attention to confessions obtained by torture and other illegal methods, reflecting that the orientation of the rule aims mainly to prevent wrongful convictions. Since the important clause that human rights are respected and protected by the country was written in the Constitution in 2004, modern notions such as human rights protection and procedural justice have been widely accepted in China. The book compares various theories of the exclusionary rule in many countries and proposes that the rationale of human rights protection and procedural justice should be embraced by the exclusionary rule. At the same time, the book elaborately demonstrates the thoughts and designs of the vital judicial reform strategy--strict enforcement of the exclusionary rule, including clarifying the content of illegal evidence and improving the procedure of excluding illegal evidence. In addition, the book discusses the influence of the exclusionary rule on the pretrial procedure and trial procedure respectively and puts forward pertinent suggestions for the trial-centered procedural reform in the future. In the appendix, the book conducts case analysis of 20 selected cases concerning the application of the exclusionary rule. This is the first book to give a comprehensive and systematic analysis of the exclusionary rule of illegally obtained evidence in China. The author of the book, senior judge of the Supreme People's Court in China, with his special experience of direct participation in the design of the exclusionary rule, will provide the readers with thought-provoking explanation of the distinctive feature of judicial reform strategy and criminal justice policy in China.

A definitive survey of the Iranian women's movement from its origins in the Pre-Pahlavi period to its status under Khomeini.

David Saari provides an extended essay on the nature of freedom in contemporary America, its historical roots, and its present-day manifestations. Drawing on the fields of history, law, politics, business, and philosophy, this wide-ranging study examines three facets of freedom--national freedom, freedom from the state, and freedom within the state--as they have developed in American law, politics, and society. Each of these facets is carefully defined and then applied to such contemporary issues as authority, property, equality, justice, and privacy.

This vital book considers the compelling and addictive hold that racism has had on centuries of Americans, explores historical and contemporary norms complicit in the problem, and appeals to the U.S. government to improve race relations, rectify existent social imperfections, and guard against future race-based abuses. Despite an assertion by the founding fathers that "all men are created equal" and the Fourteenth Amendment to the U.S. Constitution that guarantees "equal protection," the race-based oppression that has characterized most of America's history shows that in practice our society has rarely measured up to principle. Why has deep-seated racial conflict in America continued for so long? This unprecedented examination into the topic explores the evidence and consequences of what seems to be an "addiction" to racism in the United States, analyzing the related disconnect between our nation's stated moral principles and social realities, and assessing how U.S. citizens of all races can take individual action to start the long-needed healing process. The contributors to this work present interdisciplinary perspectives and discussions on American history, politics, philosophy, and 21st-century psycho-social conditions as they relate to the oppression, social injustice, and racism that have occurred-and continue to occur-in the United States. The discussions allow readers to grasp the serious challenges at hand and direct them towards recognizing the potential for conflict transformation and reconciliation through a non-conventional co-created Truth, Reconciliation, and Peace Process (TRPP) to begin resolving America's dysfunction. This is essential reading for anyone who seeks to understand the sources of perpetual racially based conflict, disparity, and hatred in the United States; identify the social injuries of exposure to centuries of racism; move America towards harmonious interracial relationships; and improve its international standing as a peace-building nation that is truly committed to human rights throughout the world. Presents the inescapable evidence of persistent social violence, inequalities, and injustices perpetrated against blacks within America's borders prior to and for centuries since the nation's founding Identifies the negative psycho-social consequences and harmful impact of "transgenerated trauma"-based on the experiences of living in an overtly oppressive society for centuries-on both the oppressed and the oppressor in America Emphasizes the necessity for all American citizens to share the responsibility for exposing historical truths, working through painful memories and realities, engaging in long-avoided dialogue, and implementing systems to assure a more just America for all its citizens

The social security of a person in the modern world can only be ensured by a purposeful policy and actions of the state and society aimed at achieving it. This requires favorable socio-economic conditions and creating an effective personal security system protecting property and citizens. Human social security can be threatened by phenomena and processes that lead to drastic changes in the life of society and dangerous deformations that entail severe social consequences for the individual, social groups, and institutions. Regulating Human Rights, Social Security, and Socio-Economic Structures in a Global Perspective discusses the global regulation of human rights, social security, and socio-economic structures in an era of acute challenges and crises. It presents comprehensive research on political structures and the conflicts within causing challenges to individual identity and insecurity. Covering topics such as legal-socio studies, digital authoritarianism, and regional security, this premier reference source is an essential resource for government officials, politicians, geopolitical experts, economists, non-profit organizations, human rights advocates, libraries, students, researchers, and academicians.

This book examines the simultaneous protection of fundamental rights by various norms and jurisdictional organs, focussing on the multilevel protection of the principle of legality in Criminal Law.Written by accredited specialists in criminal law, constitutional law, international public law, and the philosophy of law, the majority of them ex-Counsels of the Spanish Constitutional Court, it addresses various manifestations of the principle of legality: the requirement of precision, the judicial subjection to law and the prohibition of bis in idem. It does so not only from a theoretical perspective, but also through a comparative study of the jurisdiction of the European Court of Human Rights, the Inter-American Court of Human Rights, the Court of Justice of the European Union and state constitutional courts. This practical approach characterizes the book, which culminates in a detailed analysis of the relevant ECtHR Judgement Del Rio Prada v. Spain on the retroactivity of unfavourable jurisprudence."Multilevel protection of the principle of legality in Criminal Law" is a useful instrument of reflection for scholars of both the principle of criminal legality and the problems that arise from the concurrency of protective jurisdictions of human rights.

Peter Liddel offers a fresh approach to the old problem of the nature of individual liberty in ancient Athens. He draws extensively on oratorical and epigraphical evidence from the late fourth century BC to analyse the ways in which ideas about liberty were reconciled with ideas about obligation, and examines how this reconciliation was negotiated, performed, and presented in the Athenian law-courts, assembly, and through the inscriptional mode of publication. Using modern political theory as a springboard, Liddel argues that the ancient Athenians held liberty to consist of the substantial obligations (political, financial, and military) of citizenship.

This book analyses current developments in Europe and Latin America towards the greater involvement of the parties in the administration of criminal justice. Focusing on both national criminal proceedings and transnational cases, this study employs a comparative law approach to examine the shift experienced by Italy and Brazil from the long tradition of mixed criminal justice to unprecedented adversarial trends. The identification of common needs and divergences from the national approach to criminal justice paves the way for a subsequent analysis of new solution models emerging from international human rights law and EU law. To a great extent, these developments are due to the increasing impact of international human rights case-law on the criminal justice systems of the countries in question. The book concludes by proposing a set of qualitative requirements for a participatory model of criminal justice.

The Responsibility to Protect (R2P) is intended to provide an effective framework for responding to crimes of genocide, ethnic cleansing, war crimes, and crimes against humanity. It is a response to the many conscious-shocking cases where atrocities - on the worst scale - have occurred even during the post 1945 period when the United Nations was built to save us all from the scourge of genocide. The R2P concept accords to sovereign states and international institutions a responsibility to assist peoples who are at risk - or experiencing - the worst atrocities. R2P maintains that collective action should be taken by members of the United Nations to prevent or halt such gross violations of basic human rights. This Handbook, containing contributions from leading theorists, and practitioners (including former foreign ministers and special advisors), examines the progress that has been made in the last 10 years; it also looks forward to likely developments in the next decade.

As confidential information relating to the lives of millions of citizens continues to be stored in data banks and other electronic systems, Americans are becoming increasingly aware of potential and actual infringements of their right of privacy. What is less apparent, however, is precisely what this right consists of and how it may be protected. In his clear and straightforward exposition of the subject, Warren Freedman delineates the substance and parameters of the right of privacy, the practices that violate it, and available judicial remedies, incorporating practically oriented commentary on applicable case law. Written by an experienced legal professional, this book offers guidance on a timely and complex subject using a minimum of complex language.

What impact do international economic inputs have on human rights in Third World nations? William Meyer explores the effects of direct investment by U.S. multinational corporations, economic and military aid, and MNC manufacturing plants. He examines the international political economy of human rights at both the national and the international levels. Case studies are combined with quantitative studies that use aggregate cross-national data, and theories that link MNCs to human rights are subjected to empirical testing. As Meyer illustrates, at the national level, human rights violations are associated with U.S. MNCs in Chile, Honduras, India, Indonesia, and Mexico. MNCs have been especially guilty of violating labor rights, particularly through their reliance on sweatshops. MNCs have also been responsible for widespread pollution and environmental degradation. At a broader international level, increased investment by MNCs tends to go along with human rights improvements in the Third World as a whole. Meyer shows that there is a broad positive relationship between direct investment by MNCs and broader political rights and improved living standards. Aggregate data are also analyzed for human rights as compared to U.S. economic and military aid. Economic aid is found to be associated with improved civil-political rights and improved socioeconomic rights. Military aid, by contrast, is associated with declining levels of civil rights and with lower levels of social welfare. This book will serve as an important study for researchers, activists, and students of human rights.

This volume addresses the conditions allowing the transformation of specific children s rights into capabilities in settings as different as children s parliaments, organized leisure activities, contexts of vulnerability, children in care. It addresses theoretical questions linked to children s agency and reflexivity, education, the life cycle perspective, child participation, evolving capabilities and citizenship. The volume highlights important issues that have to be taken into account for the implementation of human rights and the development of peoples capabilities. The focus on children s capabilities along a rights-based approach is an inspiring perspective that researchers and practitioners in the field of human rights would like to deepen. "

Decision makers' attitude towards women and gender has a significant influence on development, especially after conflict. This book analyses the effects of gender-inclusive policies deployed by the Kurdistan Regional Government in the areas of politics, the economy and education on the region and its people.

Since the 1990s, the field of transitional justice has exploded with international support for the establishment of trials, truth commissions, and other measures aimed at helping societies address massive human rights violations. The United States' role has been particularly significant, providing extensive funding, political support, and technical assistance to such measures. Surprisingly, however, scant attention has been paid to analyzing the country's approach to transitional justice. In this book, Bird offers the first systematic and cross-cutting account of US foreign policy on transitional justice. She examines the development of US foreign policy on the field from World War I to the present, with an in-depth examination of US involvement in measures in Cambodia, Liberia, and Colombia. She supports her findings with nearly 200 interviews with key US and foreign government officials, staff of transitional justice measures, and country experts. By "opening the black box" of US foreign policy, Bird shows how diverse interests and the constantly evolving priorities of presidential administrations, Congress, the State Department, and other agencies shape US involvement in transitional justice. Despite bureaucratic battles, Bird argues that US foreign policy on transitional justice is surprisingly consistent and characterized by an approach that is value-driven, strategic, and retributive. She demonstrates how this approach has influenced the field as a whole, including the type of transitional justice measures selected, their design, and how they are implemented.

This book examines how intellectual property rights (IPR) affect the daily lives of individuals worldwide and how that may in turn impact the health and wealth of nations. While the protection of the intellectual endeavours of authors and inventors is vital for a fair and just society it is important that the IPR regime remains flexible enough to encourage creativity, innovation and the free flow of information and technology that are critical to the well being of billions of people, especially in the developing world. This work examines the implications of the IPR regime for basic human security. It examines the relationship between IPR regime and fundamental human rights, such as the right to education, health and food, and the broader right to development. This book will be of interest to IP scholars, international relations specialists and international security analysts, in particular those interested in non-traditional security issues. It may also serve as resource book for the international business community on developmental and human rights aspects of IP.

The theories and case studies examined in this volume constitute a thorough study of foreign intervention in civil conflicts for the purpose of rendering humanitarian aid. The classical paradigm of the ethics of intervention forbids the violation of territorial sovereignty. Public international law and the UN charter also mandate nonintervention within the territorial boundaries of a state. Nevertheless, in recent years, as a result of brutal civil conflicts and their violent and inhumane consequences--as in Rwanda, Bosnia, and Cambodia--international aid interventions have become an accepted practice. Still, international humanitarian aid involves unsettled, controversial issues--dilemmas concerning donors, recipients, and international organizations. These issues, as well as the concepts of sovereignty, human rights, coercive interventions, and peacekeeping, are critically evaluated in this volume, which will be of interest to scholars and policymakers in international relations, human rights, and military affairs.

Security concerns increasingly influence foreign aid: how Western countries give aid, to whom and why. With contributions from experts in the field, this book examines the impact of security issues on six of the world's largest aid donors, as well as on key crosscutting issues such as gender equality and climate change.

The Arab Spring in Tunisia, Egypt, Libya, and elsewhere has highlighted the growing importance of the politics of civil society in the contemporary Middle East. In "Reproducing Sectarianism," Paul W. T. Kingston examines rights-oriented advocacy networks within Lebanon s postwar civil society, focusing on movements and political campaigns based on gender relations, the environment, and disability. Set within Lebanon s postwar sectarian democracy, whose factionalizing dynamics have long penetrated the country s civil society, Kingston s fascinating study provides an in-depth analysis of the successes and challenges that ensued in promoting rights-oriented social policies. Drawing on extensive field research, including interviews and a wealth of primary documents, Kingston has produced a groundbreaking work that will be of interest to Middle East experts and nonexperts alike."

The most thorough, systematic, and historical examination of the interrelations of the president and other participants in civil rights policymaking, The President and Civil Rights Policy investigates the process from agenda setting through implementation and even reviews policy impact. Emphasizing the themes of leadership and change, Shull surveys the numerous policy tools available to a president committed to policy change. Although historical components are reviewed, the stress here is on the contemporary presidency. Included is a ground-breaking, detailed assessment of the Reagan administration that provides our first look at the president's role in a vital issue across the entire policymaking process. Shull finds that the American president is the most prominent catalyst for most public policy programs, with domestic issue areas like civil rights, often allowing the greatest discretionary latitude. This crucial issue functions as a barometer of presidential influence, priority, and action, as what presidents choose to do may be largely up to them. Some presidents, such as Lyndon Johnson, have initiated civil rights policies, whereas others, such as Ronald Reagan, have acted to restrict government's role and have turned back the civil rights clock. The main thrust here is that committed presidents lead and without leadership, little change in policy occurs. Various kinds of evidence from quantitative data on statements, actions, and results, as well as memoirs and interviews are used to document the presidents' impact on civil rights policy. More than forty tables scrutinize almost every perceivable aspect of this subject, from Major Events in the Struggle for Racial Equality to Average Expenditures (Outlays) for Civil Rights, and Characteristics of Federal District and Appellate Court Judges. The volume's four major divisions present a framework for the analysis, focus on the president's role in agenda setting and policy formulation, delineate the roles of others and their responses to presidents' statements and actions, and assess presidential impact. This timely and detailed study will be useful supplementary reading in graduate and advanced undergraduate courses in the presidency, American government, civil liberties, and in public policy courses, especially those using the process or content form of organization.

Statelessness remains an issue of concern in Europe. Stateless people are without any nationality and often experience problems with accessing basic rights, despite the proclamation of human rights and a right to a nationality for all. Various attempts have been made to address statelessness specifically, for instance by the adoption of the United Nations Statelessness Conventions, but also by European regional cooperation mechanisms. This research therefore analyses and places into context the legal approaches that states have taken together in the context of the Council of Europe and the European Union to prevent and solve statelessness from a human rights perspective. In understanding the contribution of European law to preventing and solving statelessness, the study also reflects on what this adds to the legal concept of nationality and ways in which to move forward.