This book takes up Paul Ricoeur's relational idea of the self in order to rethink the basis of human rights. Many schools of critical theory argue that the idea of human rights is based on a problematic conception of the human subject and the legal person. For liberals, the human is a possessive and self-interested individual, such that others are either tools or hurdles in their projects. This book offers a novel reading of subjectivity and rights based on Paul Ricoeur's re-interpretation of human subjectivity as a relational concept. Taking up Ricoeur's idea of recognition as a 'reciprocal gift', it argues that gift exchange is the relation upon which authentic, non-abstract, human subjectivity is based. Seen in this context, human rights can be understood as tokens of mutual recognition, securing a genuinely human life for all. The conception of human rights as gift effectively counters their moral individualism and possessiveness, as the philosophical anthropology of an isolated ego is replaced by that of a related, dependent and embedded self. This original reinterpretation of human rights will appeal to scholars of legal theory, jurisprudence, politics and philosophy.

This ground breaking book discusses whether human rights can be forged into a common set of transcendent principles against which actions of every nation can be judged and whether such a common understanding, or civil religion, could one day become a vehicle for global peace. Eminent international scholars from political science, international relations, human rights and civil religion argue both sides of this debate. In the first section the theoretical issues relating to why human rights have come about and whether they should be fought for are discussed. Part two focuses on the reality of actions brought about by human rights ideas with illuminating case studies showing that human rights ideas and practice are generated from both the bottom up and top down by individual actors and institutions. The unique book will be of great interest to scholars in the field of history, human rights, international relations and political science in general.

most comprehensive, monograph on the subject not yet another report on human rights violations, but an in-depth analysis of their structure, complexity and background of interest to experts in: human rights in general, South Asia, political science, international relations, peace and conflict studies providing comprehensive knowledge on recent dynamics (after India bifurcated its chunk into two Union Territories) of human rights violations in all parts of Kashmir

This book examines whether a global consensus is emerging on climate change and human mobility and presents evidence of a slow-moving but dynamic, step-by-step process of international policy development on climate-related mobility. Naser reviews the range of solutions offered to address climate-related mobility problems, such as extending the 1951 UN Refugee Convention, adopting an additional protocol to the UNFCCC or creating a new international treaty to support those facing climate-related migration and displacement problems. He examines the accumulating stock of international policies and initiatives relevant to climate-related mobility using a framework of six policy areas: human rights, refugees, climate change, disaster risk reduction, migration,and sustainable development. He uses this framework to define and summarise the main UN actions and milestones on climate-related mobility. Despite the difficult context affecting the global community of worsening climate change impacts and human rights under threat, Naser asserts that the foundations of global consensus on climate-related mobility have been built, particularly in the last decade. This book will be of great relevance to students, scholars and policy-makers with an interest in the increasing interface between climate change and human mobility policy issues.

This edited book analyses the issues of state-building, the rule of law and good governance, and human rights in the post-Soviet space after 30 years from the USSR dissolution. In doing so, it assesses the presence (or absence) and the level of influence of the Soviet legacies in the constructed political and legal systems of the post-Soviet republics. Assessing whether individual's interests are protected in theory and practice, the book conceptualizes the legacies that the Soviet Union left in the post-Soviet space after 30 years of disintegration. This book will be of key interest to scholars and students of human rights, governance, democratization studies, post-Soviet and Russia studies, and more widely to comparative politics, political economy, humanitarian studies and political history.

Drawing on conceptual debates in transitional justice and critical archival studies, as well as empirical cases from various countries around the world, the contributions in this book critically examine how archives are produced by and used in transitional justice processes such as tribunals, truth commissions and remembrance processes. This edited volume provides conceptual critiques of the transitional justice paradigm and innovations in providing a new lens on archival practices in transitional justice. In doing so it offers in-depth analyses of the relationship between archives and transitional justice in France, Colombia, Rwanda, South Africa and Northern-Ireland; it highlights truth commission and (international) court archives as much as personal collections and oral histories. The authors bring critical archival studies into dialogue with transitional justice discourses to highlight the activism and emancipatory potential but also the possibilities of injustices inherent in archives and archival practice. Crucially, the book goes beyond merely highlighting the evidentiary value of archives by linking them to a multitude of transitional justice processes, goals and ideals, including remembrance processes, witnessing, reconciliation, non-recurrence, and various struggles against injustices and prevalent violence. This collection contributes to and expands our understanding of archives in transitional justice and critically questions core assumptions being made about the inherently positive contributions archives and records make to dealing with a violent past. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.

Migration is one of the greatest societal challenges of our time. It has many facets, from mass movements to escape war, climate, or human rights abuses to the search for economic opportunity and prosperity. Illicit industries facilitate border crossings at the expense of safety, and governments face problems of processing and integrating new arrivals. These challenges have had a profound impact in Europe, calling into question central values of solidarity and human rights. This book analyses the law and policy of migration in the European Union (EU) and its relationship to understandings of the EU as an international human rights actor. It examines the role crisis plays in determining the priorities of migration policy and the impact political exigencies have on the rights of migrants. This book problematises the EU Area of Freedom, Security, and Justice as a 'home.' Taking a governmentality approach to critique discourse, the idea of a holistic approach is deconstructed to explore notions of wellness, resilience, responsibilisation and externalisaton. The EU's pursuit of a holistic approach to managing migration in crisis indicates problems with EU solidarity, and the tactics employed to bring the crisis under control reveal security concerns that provoke questions about the EU as an international human rights actor. Both this framework for analysis and the empirical findings make a significant contribution to how the migration crisis can be theorised using adaptable conceptual tools. Under this form of governance, migration becomes a phenomenon to be treated so that its symptoms are ameliorated. This book will be of interest to students and scholars of the EU, migration, and human rights as well as policymakers, commentators, and activists in these areas.

Nearly every country in the world has a mechanism for executive clemency, which, though residual in most legal systems, serves as a vital due process safeguard and as an outlet for leniency in punishment. While the origins of clemency lie in the historical prerogative powers of once-absolute rulers, modern clemency laws and practices have evolved to be enormously varied. This volume brings comparative and empirical analysis to bear on executive clemency, building a sociological and political context around systematically-collected data on clemency laws, grants, and decision-making. Some jurisdictions have elaborate constitutional and legal structures for pardoning or commuting a sentence while virtually never doing so, while others have little formal process and yet grant clemency frequently. Using examples from Asia, Europe, Latin America, the Caribbean, and the USA, this comparative analysis of the law and the practice of clemency sheds light on a frequently misunderstood executive power. This book builds on existing academic scholarship and expands the limited geographical scope of prior research, which has tended to focus on North America, the UK, and Australia. It relays the latest state of knowledge on the topic and employs case studies, doctrinal legal analysis, historical research, and statements by clemency decision-making authorities, in explaining why clemency varies so considerably across global legal and political systems. In addition, it includes contributions encompassing international law, transitional justice, and innocence and wrongful convictions, as well as on jurisdictions that are historically under-researched. The book will be of value to practitioners, academics, and students interested in the fields of human rights, criminal law, comparative criminal justice, and international relations.

This book provides a robust gendered analysis and establishes a feminist approach to international actors' responses to sexual violence crimes in conflict in eastern Democratic Republic of the Congo (DRC) and the impact of these global political practices on local gendered power relations. Sexual violence crimes in eastern DRC have received significant global attention and triggered calls by the international community to end this violence. This book critically assesses international assistance to the Congolese legal system to challenge sexual violence crimes, to determine to what extent it engages with the continuum of gendered violence from peacetime to conflict. It also examines whether international assistance has produced any transformations in gendered power relations in eastern DRC. The author investigates how challenging sexual violence crimes in conflict necessitates broader female empowerment and engagement with gendered power relations. This book will be of interest to scholars and postgraduate students in gender studies, development studies and international relations. It will also provide significant guidance for professionals working for development agencies and international NGOs focusing on eastern DRC.

In a world gripped by an ever-worsening ecological crisis there are present and increasing genocidal pressures on many culturally distinct social groups, such as indigenous peoples. This is where the genocide-ecocide nexus presents itself. The destruction of ecosystems, ecocide, can be a method of genocide if, for example, environmental destruction results in conditions of life that fundamentally threaten a social group's cultural and/or physical existence. Given the looming threat of runaway climate change, the attendant rapid extinction of species, destruction of habitats, ecological collapse and the self-evident dependency of the human race on our bio-sphere, ecocide (both "natural" and "manmade") will become a primary driver of genocide. Through nine chapters of cutting-edge research, this book examines specific case studies in geographical settings such as Iraq, Sudan, Nigeria and Brazil, to highlight and analyse the crucial connections and vectors of the genocide-ecocide nexus. This book will be of great value to scholars, students and researchers interested in the ecological crisis, Environmental Justice, the political economy of genocide and ecocide as well as environmental human rights. The chapters in this book were originally published as a special issue of The Journal of Genocide Research.

Drawing on the personal experience of a leading international jurist, this book provides insights into the workings of international law and human rights from a global perspective that transcends the traditional divide between the West and the East, and the Global South and Global North. The work follows the author's remarkable journey from a simple village in Nepal to becoming an international jurist acclaimed for his innovative academic and influential practical legal work and nomination for the Nobel Peace Prize. It offers insights into the powers bearing on international policymaking, the dynamics of human rights negotiations with governments, and the effects of their outcomes on the lives of their citizens. While much has been written on international human rights law, this inspirational memoir casts a new light on the working of human rights, law, and justice through the eyes of a leading actor. It provides a valuable contribution to the study of justice and human rights and the importance of individual action. As such, the book presents an accessible source for current debates around the development and effectiveness of international law and human rights and practices for decolonising these debates. The book will provide inspiration and practical guidance for students, academics, international lawyers, jurists, and human rights advocates.

Upheavals of the modern period have dramatically changed the traditional pattern of the rescue of Jews by Jews. Whereas until the mid-nineteenth century rescue was carried out by community leaders in accordance with the religiously rooted injunction for the redemption of captives, in the modern period largely secular international Jewish organizations and the State of Israel have emerged as the primary instruments of expressing Jewish national solidarity. The campaigns to restore the exodus from the Soviet Union and to rescue Ethiopian Jews through Operation Moses are the most recent expressions of the imperative to save threatened Jewish communities and reconstitute them elsewhere. The dynamics and achievements of organized rescue in the modern period are critically assessed in this volume, which includes 18 interpretive essays and case studies by leading European, American and Israeli scholars. Organizing Rescue is divided into four sections. The introductory essays examine the roots of Jewish solidarity in Jewish law, and trace the transformation of rescue activity from a religious to a largely secular undertaking. The three sections that follow group selected case studies chronologically. Part I, from the Damascus Affair to the First World War (1840-1914), deals with new patterns of response to the persecution of Jews in Europe, Asia and Africa under the impact of emancipation, nationalism and antisemitism. Part II, World Wars and the Shadow of the Holocaust (1914-1948), deals with the transitional period that brought hope and bitter disillusion to Jews in Europe and the Middle East. Part III, The Contemporary Period (1948 to the present), examines the different manifestations of Jewish national solidarity that developed in response to the Holocaust and the creation of the State of Israel. These studies illuminate and evaluate the efforts of Jews to defend and preserve communities separated by vast distances and diverse cultural and political systems. By placing these studies in an integrated historical and comparative framework, Organizing Rescue provides a timely and unique perspective for understanding national Jewish solidarity in the modern period.

aa magnificently rich, highly critical, at times deeply challenging and troubling, and perhaps even paradigm-shifting, collection of works that has been authored by some of the most progressive and interrogative scholars of our time. In their analysis, none of the contributors take anything for granted; they relentlessly push against parochial closures that obscure the possible contours of a re-imagined relationship between human rights and the environment. The book ultimately succeeds in offering a new juridical imaginary for those of us who are concerned with the deeply troubled and complex relationship between human rights and the environment.' - Louis J. Kotze, North-West University, South Africa, University of Lincoln, UK and Global Network for the Study of Human Rights and the EnvironmentIn the climate-pressed Anthropocene epoch, nothing could be more urgent than fresh engagements with the fractious relationships between 'humanity', law and the living order. This timely book intelligently combines theoretical reflections, doctrinal analyses and insights drawn from rights-based praxis to offer thoughtful - and at times provocative - engagements with the limitations of law as it faces the complexities of contemporary socio-ecological life-worlds in an age of climate crisis. Leading scholars in the field discuss, in four parts, Philosophical Investigations, Reconfiguring the Legal, Activism and Praxis, and Multi-level Reformulations, to offer imaginative intellectual engagements with a range of challenges vexing the human-environmental-legal 'interface'. Scholars and students of human rights and environmental law and practitioners in the field alike will find the book to be a timely and thoughtful engagement with urgent human dilemmas. Contributors: D. Bollier, L. Code, S. Coyle, K. Donald, G.N. Gill, E. Grant, A. Grear, T. Kerns, A. Philippopoulos-Mihalopoulos, M. Pieraccini, B.H. Weston

Includes relational and Jungian approaches as well as trauma and dissociation theory, ritual abuse and mind control literature. Focuses on four key clinical case studies.

Nishikawa explores how international norms have been adopted in the local context in Myanmar to project a certain international image, while in fact the authorities are exploiting these norms to protect their own interests. In the liberal international world order promoted since the end of the Cold War, democracy, rule of law and human rights have become key components in state and peace-building around the world. Many donor governments and international organisations have promoted them in their aid and assistance. However, the promotion of these international norms is based on a flawed understanding of sovereignty and the world. For this reason, the enforcement of these international norms in Myanmar not only fails to protect vulnerable people but also, in some instances, exacerbates the situation, thereby generating critical insecurity to the most vulnerable people. A vital resource for scholars of Myanmar's politics, as well as a valuable case study for International Relations scholars more broadly.

This new textbook provides an introduction to humanitarian protection, a field of study concerned with international responses to armed conflict, political violence, and humanitarian crisis. The book engages with a wide range of empirical and normative questions, providing an overview of the academic literature whilst simultaneously discussing the policies and practices associated with protective responses to conflict and humanitarian emergencies that put the lives and livelihoods of vulnerable populations, including civilians, refugees, and minority groups, at risk. Divided into three parts, covering the origins of the humanitarian protection regime, the range of actors involved, and the responsibilities of these actors, the book offers an accessible entry point into the major contemporary debates, providing readers with the conceptual tools for understanding core issues. Key points are reinforced and illustrated through the deployment of selected case studies, and a comprehensive glossary is provided for key terms. Each chapter ends with a summary of key points, questions for further reflection, and a list of recommended reading. This book will be of much interest to students of human protection, humanitarianism, the Responsibility to Protect, human security, peacekeeping, and International Relations in general.

In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens ? including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa?s struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities. From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.

The text underscores the equality and universality of human rights by applying the human rights framework to cases representing all regions of the world and countries at all stages of economic development-including comparative cases on juvenile justice in the US, persecution of Muslims in China, the Flint, MI water crisis, ISIS and sexual assault of Yazidi women, genocide, human trafficking, truth and reconciliation in South Africa and Greensboro, NC. It captures the contested and dynamic nature of human rights change by focusing on the human rights claims made by human rights defenders. It demonstrates to an American undergraduate audience how to put theory into practice by using contemporary American political problems as examples and by including a guide to campus- and community-based advocacy-a human rights toolkit.

This handbook critically examines the three concepts of exclusion, inequality and stigma and their interrelationship in the Indian context. Divided into five parts, the volume deals with the issues of exclusion, inequality, gender discrimination, health and disability, and assault and violence. It discusses important topical themes such as caste and social exclusion in rural labour markets, impact of poverty and unemployment, discrimination in education and literacy, income inequality and financial inclusion, social security of street vendors, women social entrepreneurs, rural-urban digital divide, workplace inequality, women trafficking, acid attacks, inter-caste marriages, honour killings, health care and sanitation, discrimination faced by those with disabilities, and regional disparities in India. The book traces rising socio-economic inequality and discrimination along with the severe lack of access to resources and opportunities, redressal instruments, legal provisions and implementation challenges, while also looking at deep-rooted causes responsible for their persistence in society. With emphasis on affirmative action, systemic mechanisms, and the role of state and citizens in bridging gaps, the volume presents several policies and strategies for development. It combines wide-ranging empirical case studies backed by relevant theoretical frameworks to map out a new agenda for research on socio-economic inequality in India with important implications for public policy. Comprehensive and first of its kind, this handbook will serve as a key reference to scholars, researchers and teachers of exclusion and discrimination studies, social justice, political economy, sociology, anthropology, economics, political science, development studies, education and public administration. It will also be useful to policymakers, bureaucrats, civil society activists, non-governmental organisations and social entrepreneurs in the development sector, in addition to those interested in third world studies, developing economies and the global south.

Addressing the problem of reconciling China's voting record in the UN on human rights and repressive policy at home, this book argues that domestic factors determine the way the Chinese government acts on wider human rights issues. China has a very active voting record in the United Nations General Assembly (UNGA) on human rights resolutions and is active internationally on such rights, something at odds with its increasing repression of human rights at home. Using rational choice's emphasis on actors acting to advance their preferences, the author argues that it is the perceived domestic threat to the rule of the Chinese Communist Party (CCP) that determines the way the Chinese government acts on the human rights issues explored in this book. The author documents the pattern of this relationship through an in-depth examination of China's voting in the UNGA on human rights issues, and statements made by Chinese delegates in the UN on human rights issues. This book will appeal to students of China, human rights, international relations, and international organizations, and for both state and non-state actors seeking to advance policy changes regarding China and human rights. In addition, the findings have policy implications for INGOs and states seeking to influence China's policies.

Is it impossible to assess dignity, which is the faculty or agency of autonomy and equality of rights under the current rule of law, when we are met by global challenges like climate change, financial crisis, food crisis, natural disasters, inequality, violent conflicts and trade disputes? Drawing on European philosophical enlightenment to rethink dominant theories of contemporary Western Human Rights, Stephan P. Leher explores the philosophical foundation of the concept of "dignity" and Human Rights. Using specific examples from Africa and Latin America to explain these concepts as social realizations in the world, Leher demonstrates the link between justice and peace and contends that dignity, freedom and Human Rights law rule are social realizations and claims by all people. With the help of language philosophy, he argues that sentences and propositions about social choices and realizations of real life expressed in ordinary language constitute the basic elements of the foundation and protection of human dignity and Human Rights. The social choice to claim one's freedom and rights can be considered the dignity agency of the individual. Dignity and Human Rights sheds new light on the academic assessment of dignity, the agency of autonomy and the equality of rights under the rule of law, in a time of changes and challenges to Human Rights policies and politics.

This important book outlines how, despite varying levels of global socio-economic development, governments around the world can guarantee their citizens' fundamental right to basic healthcare. Grounded in the philosophical position that healthcare is an essential element to human dignity, the book moves beyond this theoretical principle to offer policy-makers a basis for health policies based on public accountability and social responsiveness. Also emphasizing the importance of global co-operation, particularly in the area of health promotion and communication, it addresses, too, the issue of financial sustainability, suggesting robust mechanisms of economic and social regulation. New opportunities created by e-health, evidence-based data and artificial intelligence are all highlighted and discussed, as is the issue of patient rights. Students and researchers across bioethics, public health and medical sociology will find this book fascinating reading, as will policy-makers in the field.

This book examines why the United States has introduced safeguards that are designed to prevent their counterterrorism policies from causing harm to non-US citizens beyond US territory. It investigates what made US policymakers take steps to "put the gloves back on" through five case studies on the emergence of such safeguards related to the right not to be tortured, the right not to be arbitrarily detained, the right to life (in connection with targeted killing operations), the right to seek asylum (in connection with refugee resettlement), and the right to privacy (in connection with foreign mass surveillance). The book exposes two mechanisms - coercion and strategic learning - which explain why the United States has introduced what the authors refer to as "extraterritorial human rights safeguards", thus demonstrating that the emerging norm that states have human rights obligations towards foreigners beyond their borders constrains policy choices. This book will be of key interest to scholars and students of human rights, counterterrorism, US foreign policy, human rights law, and more broadly to political science and international relations. The Open Access version of this book, available at: http://www.taylorfrancis.com, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.