This work examines how vast amounts of personal information are finding their way into corporate hands. It argues that once there, this data can be combined and used to develope electronic profiles of individuals and groups that are potentially more detailed and intrusive.

How does an idea that forms in the minds of a few activists in one part of the world become a global norm that nearly all states obey? How do human rights ideas spread? In this book, Robyn Linde tracks the diffusion of a single human rights norm: the abolition of the death penalty for child offenders under the age of 18. The norm against the penalty diffused internationally through law-specifically, criminal law addressing child offenders, usually those convicted of murder or rape. Through detailed case studies and a qualitative, comparative approach to national law and practice, Linde argues that children played an important-though little known-role in the process of state consolidation and the building of international order. This occured through the promotion of children as international rights holders and was the outcome of almost two centuries of activism. Through an innovative synthesis of prevailing theories of power and socialization, Linde shows that the growth of state control over children was part of a larger political process by which the liberal state (both paternal and democratic) became the only model of acceptable and legitimate statehood and through which newly minted international institutions would find purpose. The book offers insight into the origins, spread, and adoption of human rights norms and law by elucidating the roles and contributions of principled actors and norm entrepreneurs at different stages of diffusion, and by identifying a previously unexplored pattern of change whereby resistant states were brought into compliance with the now global norm against the child death penalty. From the institutions and legacy of colonialism to the development and promotion of the global child-a collection of related, still changing norms of child welfare and protection-Linde demonstrates how a specifically Western conception of childhood and ideas about children shaped the current international system.

This book investigates the road map or the transitional justice mechanisms that theEthiopian government chose to confront the gross human rights violations perpetratedunder the 17 years' rule of the Derg, the dictatorial regime that controlled state powerfrom 1974 to 1991. Furthermore, the author extensively examines the prosecution ofpoliticide or genocide against political groups in Ethiopia. Dealing with the violent conflict, massacres, repressions and other mass atrocities ofthe past is necessary, not for its own sake, but to clear the way for a new beginning.In other words, ignoring gross human rights violations and attempting to close thechapter on an oppressive dictatorial past by choosing to let bygones be bygones, is nolonger a viable option when starting on the road to a democratic future. For unaddressedatrocities and a sense of injustice would not only continue to haunt a nation butcould also ignite similar conflicts in the future. So the question is what choices are available to the newly installed government whenconfronting the evils of the past. There are a wide array of transitional mechanismsto choose from, but there is no "one size fits all" mechanism. Of all the transitionaljustice mechanisms, namely truth commissions, lustration, amnesty, prosecution,and reparation, the Ethiopian government chose prosecution as the main means fordealing with the horrendous crimes committed by the Derg regime. One of the formidable challenges for transitioning states in dealing with the crimes offormer regimes is an inadequate legal framework by which to criminalize and punishegregious human rights violations. With the aim of examining whether or not Ethiopiahas confronted this challenge, the book assesses Ethiopia's legal framework regardingboth crimes under international law and individual criminal responsibility. This book will be of great relevance to academics and practitioners in the areas ofgenocide studies, international criminal law and transitional justice. Students in thefields of international criminal law, transitional justice and human rights will alsofind relevant information on the national prosecution of politicide in particular andthe question of confronting the past in general. Marshet Tadesse Tessema is Assistant Professor of the Law School, College of Law andGovernance at Jimma University in Ethiopia, and Postdoctoral Fellow of the SouthAfrican-German Centre, University of the Western Cape in South Africa.

In the first part of this book, noted legal scholar Dimtris Liakopoulos deals with reconstructing the legal regulatory framework governing human rights violations in the activities of organizations. After identifying rules that are generally applicable to organizations’ offenses and govern the profile of reparations, this study assesses primary rules that guarantee the right to an effective remedy. Liakopoulos then moves on to how this works in practice, examining the reparations obtainable by an individual in disputes between states and organizations. This includes, for example, damages caused by the United Nations in the context of force operations and requests for the cancellation or modification of sanctions unjustly imposed by the UN’s Sanctions Committee. The author then assesses enforcement practices, highlighting the limits of diplomatic protection from the perspective of protecting individual interests and enhancing some recent tendencies of “humanizing” institutions in question.

The relationship between American Indians and the U.S. political system is both vitally important and unique. Yet American Indians--as individuals and as tribal nations--typically receive scant attention in introductory courses on American government and politics. This is the only reader on Native America and U.S. politics designed to be incorporated into introductory government courses. It will help students to obtain a clearer understanding of such contemporary issues as Indian fishing rights and gaming casinos and to see topics central to the course--the Constitution, the structure of federalism, citizenship, and civil liberties--from the perspective of groups that have often sought a protected place outside the U.S. polity rather than inclusion within. Enabling students to compare the American Indian experience with the ideas presented in other course materials, the readings in this book are keyed to the topics most commonly found in the course syllabi. Selected for their insight and accessibility as well as diversity of viewpoints and topics, the essays provide a unique insight into the character of the American political system from the perspective of American Indians, teaching the reader much about both the tribes and the character of politics and government in the U.S. generally.

Since World War II the regulation of conduct in the United States has become problematic. This condition has been recognized by ordinary citizens in the soaring crime rates, illegitimate births, neglect of the public good and increase in special and individual interests, preference for fame, fortune and power, gross immoral acts by public figures, and fascination of the media and the audience with spectacles of evil. The troubled control of social behavior in the nation is suggested by the fact that our society has no commonly accepted set of standards that can guide our actions. Heslep penetrates the bazaar of competing normative principles that Americans subscribe to in search of those logical and feasible standards of behavior that will conquer our nation's moral crisis. He then constructs an idea of character education for Americans, applying it to recent policy recommendations and to cases of individuals with moral education needs.

The Social Practice of Human Rights bridges the conventional scholar-practitioner divide by focusing on the space in between. The volume brings together cutting-edge chapters that together set a new agenda for research, grounded in the practice of critical self-reflection on the strategies that drive communities dedicated to the advocacy and implementation of human rights. The social practice of human rights takes place not in front of a judge, but in the streets and alleys, in the backrooms and out-of-the-way places where change occurs. Contributors to this volume investigate the contexts and efforts of activists and professionals devoted to promoting human rights norms. This research takes as its subject the organizations and movements that shoulder the burden of improving respect for human dignity. It argues that through a constructive critique of these patterns and practices, scholarship can have a positive impact on the political world.

This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The "sharing" of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.

This book focuses on Boko Haram and terrorism in Nigeria, framing the conflict in an international law context. It analyses the nature of political violence and the dominant roles of a violent nation-state (in both colonial and post-colonial experiences) and the rise of terrorism in Nigeria. The book unearths embedded evidence of religious nepotism on the part of state officials using such state institutions as Islamic Preaching Boards to promote one Islamic sect over another in mainly Muslim Northern Nigeria. The book offers insights into this subtle sectarian divide and how this and other 'subterranean' elements have contributed to the rise of Boko Haram in Northern Nigeria beyond the dominant poverty-terrorism nexus narrative. Furthermore, the book analyses the various components of Boko Haram's radical ideology, situates them in Islamic Jurisprudence, and examines the philosophy of the group (both in doctrine and practice) - their interpretation of the Koran and the waging of Jihad, and the extent to which they conform to the Islamic Sect Boko Haram claims to follow. The book then examines the basic doctrinal features and characteristics of Boko Haram - waging Jihad, prohibiting revealing dresses for women and mixing of genders, rejecting western values and institutions, denouncing scientific inquiry and democracy, hostage taking, sexual exploitation of captives and other aspects of jus ad bellum and jus in bello in Islamic jurisprudence and international law. Finally, the book analyses the plight of vulnerable groups such as internally displaced persons, the atrocities committed against women and girls in the Boko Haram insurgency and the (in)ability of international law to enforce the protections offered to the victims. From the perspective of critical intellectual inquiry, the book also challenges a number of fundamental assumptions and encourages us to revisit our legal characterisation of certain concepts such as "gender-based crimes". It then goes further to analyse some legal grey areas in the Boko Haram insurgency such as the legal status of the Civilian Joint Task Force (CJTF) and the legal framework for holding members accountable for violations of international human rights and humanitarian law. Overall, the book represents a valuable contribution to scholarship, deepens our understanding and delineates how international law could respond to the Boko Haram insurgency in Nigeria in particular and terrorism in Africa in general.

Will Kymlicka is widely regarded as the most influential and original theorist of the rights and status of ethnocultural groups in liberal democracies. This volume brings together eithteen of his most important essays, tackling pressing issues of immigration, nationalism, multiculturalism, and the meaning of citizenship in today's increasingly pluralistic societies. These essays will enrich our understanding of the theory and practice of ethnic relations in liberal democracies.

An exploration of the ways that multiple inequalities are being addressed in Europe. Using country-based and region-specific case studies it provides an innovative comparative analysis of the multidimensional equality regimes that are emerging in Europe, and reveals the potential that these have for institutionalizing intersectionality.

With original and engaging contributions, this Handbook confirms feminist scholarship in development studies as a vibrant research field. It reveals the diverse ways that feminist theory and practice inform and shape gender analysis and development policies, bridging generations of feminists from different institutions, disciplines and regions.

In this enlightening and insightful monograph, John B. Hatch analyzes various public discourses that have attempted to address the racialized legacy of slavery, from West Africa to the United States, and in doing so, proposes a rhetorical theory of reconciliation. Recognizing the impact both of religious traditions and modern social values on the dialogue of reconciliation, Hatch examines these influences in tandem with contemporary critical race theory. Hatch explores the social-psychological and ethical challenges of racial reconciliation in light of work by Mark McPhail, Kenneth Burke, Paul Ricoeur, and others. He then develops his own framework for understanding reconciliation-both as the recovery of a coherent ethical grammar and as a process of rhetorical interaction and hermeneutic reorientation through apology, forgiveness, reparations, symbolic healing, and related genres of reparative action. What emerges from this work is a profound vision for the prospects of meaningful redress and reconciliation in American race relations.

This edited volume revisits the idea of the Western Hemisphere. First articulated by Arthur P. Whitaker in 1954 but with origins in the earlier work of Herbert E. Bolton, it is the idea that "the peoples of this Hemisphere stand in a special relationship to one another which sets them apart from the rest of the word" (Whitaker, 1954). For most scholars of US-Latin American relations, this is a curious concept. They often conceptualize US-Latin American relations through the prism of realism and interventionism. While this volume does not deny that the United States has often acted as an imperial power in Latin America, it is unique in that it challenges scholars to re-think their preconceived notions of inter-American relations and explores the possibility of a common international society for the Americas, especially in the realm of international relations. Unlike most volumes on US-Latin American relations, the book develops its argument in an interdisciplinary manner, bringing together different approaches from disciplines including international relations, global and diplomatic history, human rights studies, and cultural and intellectual history.

This book explores some of the conceptual questions that underpin the legal disputes which arise in relation to equality and discrimination. Among these questions are: the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination * symmetrical and asymmetrical approaches to equality/non-discrimination * the role of comparators in discrimination/equality analysis * the selection of protected characteristics and the proper sphere of statutory and constitutional protections * the scope for and regulation of potential conflicts between protected grounds. The book engages with domestic, European Union, and European Convention on Human Rights case law, as well as with wider international approaches. It also addresses a number of contemporary issues for discrimination/equality law, including the problem of racial profiling and the regulation of multiple discrimination. This is an interesting study for all those working in the fields of discrimination and human rights. (Series: Human Rights Law in Perspective)

This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court's reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.

The African American heritage is interwoven throughout the history of the United States, but few educators are prepared to teach children about the events that shaped the African American experience. Most of the stories about slavery, the days when it was illegal to teach black children to read, and when blacks were not allowed to vote or own land, are part of the remembered oral history of black families. Morgan retells American history from the point of view of the events that effected blacks--the Great Depression, the WPA, and the federal policies that led to current Head Start programs, school integration in the 1950s and the Civil Rights Movement in the 1960s, the War on Poverty, and the IQ controversy. He shows how Aesop and the teachings of Socrates and Aristotle established the philosophical traditions perpetuated by the great black educators, W.E.B. DuBois and Booker T. Washington, with the purpose of providing black children with a better understanding of their heritage, their importance in American history, and their place in the world.

Based on official records and reports, relevant secondary sources, and observations of members of the Convention's implementary organ, The Convention on the Rights of the Child describes and evaluates the first international human rights treaty to deal specifically with the rights and freedoms of the child. Mower deals first with the significance, origin, and development of the Convention on the Rights of the Child, then describes and analyzes its substantative content, procedures, and mechanisms for the Convention's implementation. He concludes with an examination of the factors that are most likely to determine the rate of progress toward the realization of the convention's goals. Based on official records, relevant secondary sources, and observations of members of the Convention's implementary organ, the book will be of considerable use to scholars and researchers in the fields of human rights and children's welfare.

This is an innovative contribution to the philosophy of human rights. Considering both legal and philosophical scholarship, the views here bear an importance on the legitimacy of international politics and international law. As a result of more than 10 years of research, this revised edition engages with current debates through the help of new sections. Pluralistic universalism considers that, while formal filtering criteria constitute unavoidable requirements for the production of potentially valid arguments, the exemplarity of judgmental activity, in its turn, provides a pluralistic and retrospective reinterpretation for the fixity of such criteria. While speech formal standards grounds the thinnest possible presuppositions we can make as humans, the discursive exemplarity of judgments defends a notion of validity which is both contextually dependent and "subjectively universal". According to this approach, human rights principles are embedded within our linguistic argumentative practice. It is precisely from the intersubjective and dialogical relation among speakers that we come to reflect upon those same conditions of validity of our arguments. Once translated into national and regional constitutional norms, the discursive validity of exemplar judgments postulates the philosophical necessity for an ideal of legal-constitutional pluralism, challenging all those attempts trying to frustrate both horizontal (state to state) and vertical (supra-national-state-social) on-going debates on human rights. On the first edition of this book: "Claudio Corradetti's book is a thoughtful attempt to find an adequate theoretical foundation for human rights. Its approach is interdisciplinary in nature, drawing on issues in analytical philosophy as well as contemporary political theorists, and the result is a densely argued text aimed at scholars ... ." (Andrew Lambert, Metapsychology Online Reviews, Vol. 14 (3), January, 2010)

Australia has one of the harshest immigration detention regimes in the world, labelled cruel and degrading and a crime against humanity; these policies have been widely condemned. This book calls for a shift in how the healthcare community approaches Australian immigration detention, calling for non-violent resistance to be incorporated in future efforts that seek change. Fundamentally, such an approach recognizes that if change is to be realized a shift is needed beyond evidence and reasoned argument; future efforts need to confront injustice, resisting and undermining what creates and sustains these policies. This book provides a rationale for such action and considers the justification of three different 'types' of action in detail; strike action, whistleblowing and principles disobedience.

This book uncovers a historical dependency on smelting activities that has trapped inhabitants of La Oroya, Peru, in a context of systemic lack of freedom. La Oroya has been named one of the most polluted places on the planet by the US Blacksmith Institute. Residents face the dilemma of whether to defend their health or to preserve job stability at the local smelter, the main source of toxic pollution in town. Valencia unpacks this paradoxical human rights trade-off. This context, shaped by social, historical, political, and economic factors, increases people's vulnerabilities and decreases their ability to choose, resulting in residents' trading off their right to health in order to work. This book shows the deep connection of this local dilemma to the country's national paradox, arising out of Peru's vision of natural resource extraction as the main path to secure economic growth for the entire country at the expense of some groups.

This multi-disciplinary book addresses the ever-expanding notion of human rights within the 21st century. By analyzing the global dynamics of the mobilization of new actors, claims, institutions and modes of accountability, Brysk and Stohl assess the potential and limitations of global reforms. Expanding Human Rights gives a comprehensive overview of current human rights issues and the outlook for the future. The contributors present evidence of new methods for enforcing existing rights and new strategies for further development through in-depth analysis of campaigns and reforms from Eastern Europe, Japan, India, Africa and the US. These include rights of indigenous peoples, food and water rights, violence against women, child mortality and international financial and corporate responsibility. This book will interest academics and advanced students in human rights, international affairs, political science and law. Policy makers and global human rights activists will find the analyses and insights concerning the expansion of rights and the often accompanying backlash to be of great use when approaching their next human rights campaign. Contributors include: J. Alley, C. Apodaca, P. Ayoub, M. Baer, A. Brysk, S. Hertel, R. Howard-Hassmann, V. Hudson, F.G. Isa, H. Jo, W. Sandholtz, C. Stohl, M. Stohl, K. Tsutsui