Providing a contemporary history of the Palestinian prisoners movement, this book illustrates the centrality of the movement in the broader Palestinian national struggle. Based on direct interviews with former prisoners and former security sector personnel, it offers new insights into the strategies that prisoners employed to gain rights over time, as well as the tactics used by prison authorities to maintain control. Prisons have functioned as microcosms of the broader Israeli-Palestinian conflict for decades, with the Israeli state aiming to use mass incarceration for security, and Palestinian prisoners seeking to take back the prison space for organizing and resistance. Prisoners' actions included but were not limited to hunger strikes, as prisoners often relied more on everyday acts of noncompliance and developing an internal "counterorder" to challenge authorities. The volume demonstrates how the Palestinian prisoners movement was intertwined with the Palestinian national movement, strongest in the popular mobilization era of the 1970s and 1980s, and significantly weaker and more fragmented after the Oslo Accords of the 1990s and the second intifada. Presenting a fresh analysis of a central, but often overlooked aspect of the Israeli-Palestinian conflict, the volume offers valuable reflections on prison-based resistance in protracted conflicts more broadly. It is a key resource to students and scholars interested in contemporary conversations on mass incarceration, criminal justice, Middle East politics and history.

This book argues that the international community has a moral duty to intervene on behalf of a population affected by a natural hazard when their government is either unable or unwilling to provide basic, life-saving assistance. The work draws on law, international relations theory, and political philosophy to articulate that non-response to a natural hazard is unethical. In providing policy suggestions the author articulates what should happen based on an ethical analysis. Readers will thus gain an ethical lens with which to view intervention in the aftermath of a natural hazard. The book encourages readers to consider the nuances of arguments from various disciplines about whether or not intervention is appropriate. Whilst arguing throughout that an intervention policy in response to natural hazards should be developed by the international community, the study also accounts for why intervention should only be used in very limited situations. This interdisciplinary approach makes the book essential reading for researchers, academics and policy-makers working in the areas of international law, humanitarian studies, human rights, international relations and political science.

The impasse currently affecting human rights as a language used to express struggles for dignity is, to a large extent, a reflection of the epistemological and political exhaustion which blights the global North. Since the global hegemony of human rights as a language for human dignity is nowadays incontrovertible, the question of whether it can be used in a counter-hegemonic sense remains open. Inspired by struggles from all corners of the world that reveal the potential but, above all, the limitations of human rights, this book offers a highly conditional response. The prevailing notion of human rights today, as the hegemonic language of human dignity, can only be resignified on the basis of answers to simple questions: why does so much unjust human suffering exist that is not considered a violation of human rights? Do other languages of human dignity exist in the world? Are these other languages compatible with the language of human rights? Obviously, we can only find satisfactory answers to these questions if we are able to envisage a radical transformation of what is nowadays known as human rights. Herein lies the challenge posed by the Epistemologies of the South: reconciling human rights with the different languages and forms of knowledge born out of struggles for human dignity.

A comprehensive analysis of contemporary indigenous rights

This book provides an in-depth and thematic analysis of socially engaged art in Mainland China, exploring its critical responses to and creative interventions in China's top-down, pro-urban, and profit-oriented socioeconomic transformations. It focuses on the socially conscious practices of eight art professionals who assume the role of artist, critic, curator, educator, cultural entrepreneur, and social activist, among others, as they strive to expose the injustice and inequality many Chinese people have suffered, raise public awareness of pressing social and environmental problems, and invent new ways and infrastructures to support various underprivileged social groups.

Analysing how Indigenous Peoples come to be identifiable as bearers of human rights, this book considers how individuals and communities claim the right of free, prior and informed consent (FPIC) as Indigenous peoples. The basic notion of FPIC is that states should seek Indigenous peoples' consent before taking actions that will have an impact on them, their territories or their livelihoods. FPIC is an important development for Indigenous peoples, their advocates and supporters because one might assume that, where states recognize it, Indigenous peoples will have the ability to control how non-Indigenous laws and actions will affect them. But who exactly are the Indigenous peoples that are the subjects of this discourse? This book argues that the subject status of Indigenous peoples emerged out of international law in the late 1970s and early 1980s. Then, through a series of case studies, it considers how self-identifying Indigenous peoples, scholars, UN institutions and non-government organizations (NGOs) dispersed that subject-status and associated rights discourse through international and national legal contexts. It shows that those who claim international human rights as Indigenous peoples performatively become identifiable subjects of international law - but further demonstrates that this does not, however, provide them with control over, or emancipation from, a state-based legal system. Maintaining that the discourse on Indigenous peoples and international law itself needs to be theoretically and critically re-appraised, this book problematises the subject-status of those who claim Indigenous peoples' rights and the role of scholars, institutions, NGOs and others in producing that subject-status. Squarely addressing the limitations of international human rights law, it nevertheless goes on to provide a conceptual framework for rethinking the promise and power of Indigenous peoples' rights. Original and sophisticated, the book will appeal to scholars, activists and lawyers involved with indigenous rights, as well as those with more general interests in the operation of international law.

This book explores concepts of Cultural genocide, its definitions, place in international law, the systems and methods that contribute to its manifestations, and its occurrences. Through a systematic approach and comprehensive analysis, international and interdisciplinary contributors from the fields of genocide studies, legal studies, criminology, sociology, archaeology, human rights, colonial studies, and anthropology examine the legal, structural, and political issues associated with cultural genocide. This includes a series of geographically representative case studies from the USA, Brazil, Australia, West Papua, Iraq, Palestine, Iran, and Canada. This volume is unique in its interdisciplinarity, regional coverage, and the various methods of cultural genocide represented, and will be of interest to scholars of genocide studies, cultural studies and human rights, international law, international relations, indigenous studies, anthropology, and history.

This book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia's democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of 'bottom-up' approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia's democracy and human rights' institutions, the book provides a significant contribution to current understandings of Indonesia's democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.

Global Governance of Labour Rights provides an outstanding collection of essays examining how international trade relations, trade agreements and non-state actors influence labour rights governance. This well-crafted, coherent, and thoughtful volume will make important contributions to the ongoing debates on the regulation and enforcement of labour rights.' - Aseem Prakash, University of Washington, Seattle, US'The Editors have managed to make, through this volume, a major contribution to the on-going discussion regarding the 'internationalization' of labour rights. Their single most important achievement is that they have produced a coherent 'whole' out of many heterogeneous parts. Both the intra-EU, as well as the international dimension, are skillfully debated in a volume that does not simply view the former as a hothouse for the latter, but discusses the interactions of the two orders in the most systematic way.' - Petros C. Mavroidis, Columbia Law School, New York City, US 'This excellent collection of essays provides fresh transnational and critical perspectives on the often ignored topic of labour rights. Ugly reports of collapsed factories and buried workers, of slave-like conditions among migrants and children, continue to horrify readers and viewers worldwide. What can be done? This book contains some long-awaited answers.' - Thomas G. Weiss, The City University of New York's Graduate Center, US 'The bulk of the world's governments and a growing number of firms now say they respect labour rights. Yet scholars, activists and policymakers have little understanding of the effectiveness of ILO conventions and government initiatives. In this important and well-written book, we get answers to many of the most pressing questions about how governments and private sector actors can advance labour rights and conditions. Kudos to Marx, Wouters, Rayp and Beke for a must-read book.' - Susan Ariel Aaronson, Research Professor of International Affairs and Director eBay policy scholars, Elliot School, GWU Stories and images of collapsed factories, burned down sweatshops, imprisoned migrant workers, child workers and many other violations of internationally recognized labour rights continue to spread across the globe. This highly topical book examines the different instruments which are intended to protect labour rights on a transnational scale, and asks whether they make a difference. With perspectives from law, management, sociology, political science and political economy, the topics discussed include the protection of international labour rights in a globalizing economy, the EU's social dimension in its external trade relations, Asian and US perspectives on labour rights in international trade agreements, the role of (trade) unions in global labour governance and the transformative capacity of private labour governance regimes. Academics and advanced students from different disciplines will benefit from the up-to-date empirical material in this study. Policymakers, NGOs and Unions will find the discussions of the instruments used to protect labour rights of great value to their work. Contributors: L. Beke, R.C. Brown, R. Coervers, Y. Dahan, J. Donaghey, P. Glasbergen, F. Hendrickx, D. Klink, S. Koch-Baumgarten, M. Kryst, H. Lerner, A. Marx, F. Milman-Sivan, A.-G. 'Tobi' Oshodi, P. Pecinovsky, C. Pekdemir, G. Rayp, J. Reinecke, J. Soares, W. Van Acker, L. Van den Putte, P. van der Heijden, S. Velluti, J. Wouters, R. Zandvliet

This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children's lives. Combining social and legal research, it identifies both potential harms to children's well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children's best interests into temporary labour migration policies, offering ways to reduce interferences with children's family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Reflections on Life in Ghettos, Camps and Prisons explores the relationship between ghettos, camps, places of detention and prisons with a focus on those people who are confined, encamped, imprisoned, detained, stuck, or forcibly removed through the lens of 'stuckness'. From a point of departure in anthropology, with important contributions from criminology, geography and philosophy, the chapters explore how life is lived in and across these sites of confinement by focusing on the tactics of everyday life, while being mindful of how forms of abjection are constitutive elements of these sites. Stuckness, from this inter-disciplinary perspective, is not simply a function of the spatial form it takes; we need to understand how temporality animates stuckness as an important dimension of confinement. Death, the ultimate temporal boundary, emerges as particularly significant in this regard. With case studies from Palestine, Sierra Leone, South Africa, Northern Australia, Rwanda, Ivory Coast and Nicaragua, the contributors focus on the empirical question of how structures of stuckness, confinement and forced mobility impact on the possibilities of 'making life'. Suggesting new ways of thinking about how temporality and spatiality intersect and overlap in the lives of people struggling to manage conditions of stuckness, Reflections on Life in Ghettos, Camps and Prisons will be of great interest to scholars of anthropology, geography, criminology and philosophy. The chapters in this book originally published as a special issue of Ethnos.

Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual's human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.

The status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, and particularly the poor. Like most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions.

The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

Recent atrocities have ensured that terrorism and how to deal with terrorists legally and politically has been the subject of much discussion and debate on the international stage. This book presents a study of changes in the legal treatment of those perpetrating crimes of a political character over several decades. It most centrally deals with the political offence exception and how it has changed. The book looks at this change from an international perspective with a particular focus on the United States. Interdisciplinary in approach, it examines the fields of terrorism and political crime from legal, political science and criminological perspectives. It will be of interest to a broad range of academics and researchers, as well as to policymakers involved in creating new anti-terrorist policies.

Addressing one of the most pressing issues of the Lebanese Civil War (1975-1990) that is still unresolved almost 30 years later, this book adopts a political, sociological, and anthropological approach to look at periods of transition from conflict to peace in Lebanon. Inducing a set of questions about the social and political system, the post-conflict state has been pushing for a politics of amnesty and amnesia. The case study delves into the notion of transition from conflict to peace in Lebanon by looking in the case of the estimated 17,000 people who disappeared during the Civil War. Using the concept of liminality to understand the evolution of the issue over the years, the book follows the trajectory of the relatives of the missing, who have formed a communitas - a group sharing strong feelings of comradeship and brother/sisterhood by virtue of finding themselves in the same situation. Offering a novel way of looking at transitions, the book is a significant contribution to peace studies, and it will be an interest of students and academics working in human rights, political science, and the Middle East disciplines.

State Crime and Civil Activism explores the work of non-government organisations (NGOs) challenging state violence and corruption in six countries - Colombia, Tunisia, Kenya, Turkey, Myanmar and Papua New Guinea. It discusses the motives and methods of activists, and how they document and criticise wrongdoing by governments. It documents the dialectical process by which repression stimulates and shapes the forces of resistance against it. Drawing on over 350 interviews with activists, this book discusses their motives; the tactics they use to withstand and challenge repression; and the legal and other norms they draw upon to challenge the state, including various forms of law and religious teaching. It analyses the relation between political activism and charitable work, and the often ambivalent views of civil society organisations towards violence. It highlights struggles over land as one of the key areas of state and corporate crime and civil resistance. The interviews illustrate and enrich the theoretical premise that civil society plays a vital part in defining, documenting and denouncing state crime. They show the diverse and vibrant forms that civil society takes in a widely varied group of countries. This book will be of much interest to undergraduate and postgraduate social science students studying criminology, international relations, political science, anthropology and development studies. It will also be of interest to human rights defenders, NGOs and civil society.

Set in the context of the processes and practices of human reproduction and reproductive health in Northern India, this book examines the institutional exercise of power by the state, caste and kin groups. Drawing on ethnographic research over the past eighteen years among poor Hindu and Muslim communities in Rajasthan and among development and health actors in the state, this book contributes to developing analytic perspectives on reproductive practice, agency and the body-self as particular and novel sites of a vital power and politic. Rajasthan has been among the poorest states in the country with high levels of maternal and infant mortality and morbidity. The author closely examines how social and economic inequalities are produced and sustained in discursive and on the ground contexts of family-making, how authoritative knowledge and power in the domain of childbirth is exercised across a landscape of development institutions, how maternal health becomes a category of citizenship, how health-seeking is socially and emotionally determined and political in nature, how the health sector operates as a biopolitical system, and how diverse moral claims over the fertile, infertile and reproductive body-self are asserted, contested and often realised. A compelling analysis, this book offers both new empirical data and new theoretical insights. It draws together the practices, experiences and discourse on fertility and reproduction (childbirth, infertility, loss) in Northern India into an overarching analytical framework on power and gender politics. It will be of interest to academics in the fields of medical anthropology, medical sociology, public health, gender studies, human rights and sociolegal studies, and South Asian studies.

Examining how migrants appropriate mobility in the context of biometric border controls, this volume mobilises new analytics and empirics in the debates about the politics of migration and provides an analytically effective and politically significant tool for the study of contemporary migration. Drawing from the tension between the EU's attempt to achieve watertight border controls by means of biometric technologies, and migrants' persistence to move to and live in the EU, the volume pursues two interrelated objectives: first, it studies the encounters between migrants and the Visa Information System (VIS), one of the largest biometric databases in the world, from the perspective of mobility in order to investigate how migrants appropriate mobility via Schengen visa within and against this biometric border regime. Second, it addresses criticisms of autonomy of migration in order to develop it as a viable approach for border, migration and critical security studies. Hence, the book is driven by two interrelated research questions: what does the assertion of moments of autonomy of migration refer to in the context of border regimes that use biometrics to turn migrants' bodies into a means of mobility control? And how do migrants appropriate mobility via Schengen visa within and against biometric border regimes? This book will be of great interest to scholars in border, migration and critical security studies, as well as researchers engaged in citizenship studies, surveillance studies, political theory, critical IR theory and international political sociology.

This interdisciplinary book explores the Northern Ireland conflict through a human rights framework. The book examines the conflict from the creation of the Northern Ireland state in 1921 to 2014. This timeframe allows an analysis of how human rights impacted upon the conflict in its broadest understanding (i.e. the pre-violent conflict, the violent conflict and the post-violent conflict phases). Furthermore, it allows for a better understanding of how the various stages of the conflict impacted upon how human rights are understood in Northern Ireland today. The study's main findings are that: (i) human rights had a significant impact on the development of the conflict; (ii) human rights violations were both underlying causes and direct causes of the descent into violence; (iii) the conflict coloured the view of human rights held by the main political actors; and (iv) human rights continue to be partially understood through the prism of the conflict. More generally, this interdisciplinary work explores the relationship between law, politics and conflict. This book will be of much interest to students of human rights, conflict resolution, British politics, law and security studies.

Non-governmental Organisations (NGOs) have become important, although sometimes overlooked, actors in international human rights law. Although NGOs are not generally provided for in the hard law of treaties, they use the UN human rights system to hold Governments to account. A key way in which they do so is using State reporting mechanisms, initially the UN treaty bodies, but more recently supplemented by the Human Rights Council's Universal Periodic Review. In doing so, NGOs provide information and contribute to developing recommendations. NGOs also lobby for new treaties, contribute to the drafting of these treaties, and bring individual's complaints to the UN human rights bodies. This book charts the historical development of the NGO role in the UN. It examines the UN regulation of NGOs but the largely informal nature of the role, and an exploration of the various types of NGOs, including some less benign actors such as GONGOs (Governmental NGOs). It also draws on empirical data to illustrate NGO influence on UN human rights bodies and gives voice to stakeholders both inside and outside the UN. The book concludes that the current UN human rights system is heavily reliant on NGOs and that they play an essential fact-finding role and contribute to global democratisation and governance.

This book explores the political struggle to interpret and define the meaning, the scope and the implications of human rights norms in general and freedom of expression in particular. From the Rushdie affair and the Danish cartoon affair to the Charlie Hebdo massacre and draconian legislation against blasphemy worldwide, the tensions between free speech ideals and religious sensitivities have polarized global public opinion and the international community of states, triggering fierce political power struggles in the corridors of the UN. Inspired by theories of norm diffusion in International Relations, Skorini investigates how the struggle to define the limits of free speech vis-a-vis religion unfolds within the UN system. Revealing how human rights terminology is used and misused, the book also considers how the human rights vision paradoxically contains the potential to justify human rights violations in practice. The author explains how states exercise power within the field of international human rights politics and how non-democratic states strategically apply mainstream human rights language and secular human rights law in order to justify authoritarian religious censorship norms both nationally and internationally. This interdisciplinary book will appeal to scholars and students researching international human rights, religion and politics. The empirical chapters are also relevant for professionals and activists within the field of human rights.

This book compares Islamic and Western ideas of human rights in order to ascertain which human rights, if any, can be considered universal. This is a profound topic with a rich history that is highly relevant within global politics and society today. The arguments in this book are formed by bringing William Talbott's Which Rights Should Be Universal? (2005) and Abdulaziz Sachedina's Islam and the Challenge of Human Rights (2014) into conversation. By bridging the gap between cultural relativists and moral universalists, this book seeks to offer a new model for the understanding of human rights. It contends that human rights abuses are outcomes of complex systems by design and/or by default. Therefore, it proposes that a rigorous systems-thinking approach will contribute to addressing the challenge of human rights. Engaging with Islamic and Western, historical and contemporary, and relativist and universalist thought, this book is a fresh take on a perennially important issue. As such, it will be a first-rate resource for any scholars working in religious studies, Islamic studies, Middle East studies, ethics, sociology, and law and religion.

This book reveals why the UN is more successful than unilateral great powers in protecting civilians from violence, and focuses on the discourse, development and consequences of UN peacekeeping. Analysing statistics of state fragility and fatalities of violence, it reveals that the UN has managed to save tens of thousands of lives with its peacekeeping: a surprising statistic given the media consensus about the UN's powerlessness and inefficiency. Using computer-assisted discourse analysis of resolutions from the UN Security Council, 1993-2019, the book offers data that describe the character and development of UN approach to the protection of civilians from violence. It then links the data to the statistics of conflict fatalities and state fragility to reveal, by means of qualitative and quantitative analysis, when, where, how and why the UN has been successful at protecting civilians. Two reasons for the UN's success are highlighted in the book as being statistically most significant. First, the organization offers local ownership to peaceful solutions by considering conflicting parties as the primary agents of protection. Second, the UN approach is much less power-oriented than unilateral approaches by the great powers: protection for the UN does not mean deterrence or destruction, but rather, support for local protectors of civilians. However, strong great power influence on such operations tends to weaken UN's ability to save lives. This book will be of much interest to students of humanitarian intervention, peacekeeping, human rights and International Relations in general.