In modern societies, full criminal trials are avoided on many occasions. This book is concerned with mechanisms that either divert from or speed up the proceedings. Koen Vriend argues that the fair trial rights as established by the European Court of Human Rights under Article 6 ECHR provide a normative framework that does not only apply in a full criminal trial, but that it can also be used for diverted and shortened proceedings. He shows that the concept of fairness-as derived from ECtHR case law-is a fundamental principle that underlies all criminal law enforcement. It provides for the appropriate framework to assess whether diverted or shortened proceedings are fair and legitimate. The book is intended for criminal law scholars and practitioners and human rights scholars. Dr. Koen Vriend is a Lecturer of Criminal Law and Criminal Procedural Law at the University of Amsterdam.

The WROCLAW COMMENTARIES address legal questions as well as political consequences related to freedom of, and access to, the arts and (old/new) media; questions of religious and language rights; the protection of minorities and other vulnerable groups; safeguarding cultural diversity and heritage; and further pertinent issues. Specialists from all over Europe and the world summarise and comment on core messages of legal instruments, the essence of case-law as well as prevailing and important dissenting opinions in the literature, with the aim of providing a user-friendly tool for the daily needs of decision or law-makers at different juridical, administrative and political levels as well as others working in the field of culture and human rights.

On January 10, 1966, Klansmen murdered civil rights leader Vernon Dahmer in Forrest County, Mississippi. Despite the FBI's growing conflict against the Klan, recent civil rights legislation, and progressive court rulings, the Imperial Wizard promised his men: ""no jury in Mississippi would convict a white man for killing a nigger."" Yet this murder inspired change. Since the onset of the civil rights movement, local authorities had mitigated federal intervention by using subtle but insidious methods to suppress activism in public arenas. They perpetuated a myth of Forrest County as a bastion of moderation in a state notorious for extremism. To sustain that fiction, officials emphasized that Dahmer's killers hailed from neighboring Jones County and pursued convictions vigorously. Although the Dahmer case became a watershed in the long struggle for racial justice, it also obscured Forrest County's brutal racial history. Patricia Michelle Boyett debunks the myth of moderation by exploring the mob lynchings, police brutality, malicious prosecutions, and Klan terrorism that linked Forrest and Jones Counties since their founding. She traces how racial atrocities during World War II and the Cold War inspired local blacks to transform their counties into revolutionary battlefields of the movement. Their electrifying campaigns captured global attention, forced federal intervention, produced landmark trials, and chartered a significant post-civil rights crusade. By examining the interactions of black and white locals, state and federal actors, and visiting activists from settlement to contemporary times, Boyett presents a comprehensive portrait of one of the South's most tortured and transformative landscapes.

This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.

The free movement of labour will be one of the key elements of the Single Market soon to be implemented, One would therefore expect that efforts would have been made to harmonize social policies, especially on the legal status of workers. But the existing EC Treaty contains no provision and the Community Charter of the Fundamental Social Rights of Workers of 1989 fails to fill the gap. The Charter delegates the socio-political responsibility in almost all points to the member states. Yet the constitutions of most refer to general human rights only. The author here stresses the importance of economic and social human rights which, like human rights in general, have their roots in the Enlightenment, especially in the works of Montesquieu, Adam Smith and Kant.

Despite plentiful discussion at various times, the personal victim has traditionally been afforded almost no formal role in the criminal justice process. Victims' rights have always met with stout opposition from both judges and the Lord Chancellor, who have guarded defendants' rights; the maintenance of professionally-controlled and emotionally unencumbered trials; and the doctrine that crime is at heart an offence against society, State, or Sovereign. Constructing Victims' Rights provides a detailed account of how this opposition was overcome, and of the progressive redefinition of victims of crime, culminating in 2003 in proposals for awarding near-rights to victims of crime. Based upon extensive observation, primary papers, and interviews, Paul Rock examines changes in the forms of criminal justice policy-making within the New Labour Government, observing how they shaped political representations and activities centred on victims of crime. He reveals how the issues of new managerialism, restorative justice, human rights, race and racism (after the death of Stephen Lawrence), and the treatment of rape victims after the trial of Ralston Edwards came to form a critical mass that required ordering and reconstruction. Constructing Victims' Rights unpicks and explains the resultant battery of proposals and the deft policy manoeuvre contained in the Domestic Violence, Crime, and Victims Bill of 2003. This, the solution to a seemingly intractable problem, was a work of finesse, proposing on the one hand, the imposition of statutory duties on criminal justice agencies and the granting of access to an Ombudsman, and on the other, a National Victims' Advisory Panel that would afford victims a symbolic voice, and a symbolic champion: a Commissioner for Victims and Witnesses.

This volume gathers together chapters that address the theme of implementing fundamental labour rights in China. It explores the legal framework as well as key institutions and other actors along with the socio-economic context involved in interpretation, implementation, enforcement and overall promotion of fundamental labour rights in China. As a collection of chapters, it assembles comparative and mutually complementary perspectives and insights by distinguished scholars from China, Europe and the United States. With its broad perspective on implementation, the book discusses the most topical challenges to realizing fundamental labour rights in China. China was among the founding members of the ILO. With the regulatory approach of the ILO, fundamental labour rights have gained a new foothold as a key pillar in managing the social dimension of globalization. The development of fundamental labour rights protection in China can be viewed as part of a larger development within China's domestic economic and social transition as well as its integration into the global economic system. While China has ratified four of the eight ILO core conventions, the challenge of effective implementation and enforcement in the domestic context remains. With its in-depth research on fundamental labour rights in the particular cultural context of the Chinese experience, this book studies Chinese labour law from multiple perspectives, at the same time examining the wider role of international labour standards in developing Chinese law and society. This volume is a remarkable enlargement of existing scholarship on international labour standards, on the one hand, and fundamental labour rights in China on the other. These chapters thoroughly analyse the legal and institutional framework for implementing labour law in China. Among the topics covered are fundamental labour rights including freedom from forced labour, prohibition of use of child labour and non-discrimination. In addition, this volume benefits from socio-historical observations on the cultural logics that inform implementation of fundamental labour rights in China in which the history and current development of Chinese labour law are equally reflected with substantive depth.

Gypsies and Travellers have often been overlooked as victims of hate crime and discrimination. This book redresses that exclusion by shining a light on the harms of hate experienced by Gypsies and Travellers in the UK. In doing so James explores how hate permeates all aspects of their lives and identifies the hate crimes, incidents, and speech that they are subject to. It goes on to explore how hate against Gypsies and Travellers occurs as discrimination, social exclusion and criminalisation and how that hate is embedded within the language and practice of neoliberal capitalism. This book provides new insights to critical criminology and ways of understanding hate by using the critical hate studies perspective to gain a full appreciation of the harms of hate. As a consequence of this, the book is able to do justice to Gypsies' and Travellers' experiences of hate by extrapolating how harms manifest and the impact they have on Gypsies’ and Travellers’ social and personal identities. The book explains and acknowledges how hate harms imbue Gypsies' and Travellers' daily lives, including common events of serious abuse and assault, regular ill-treatment in provision of services, and everyday micro-aggressions. It argues hate experienced by Gypsies and Travellers can only be fully recognised through an analysis of the neoliberal capitalist context within which it occurs and the harmful subjective experience it engenders. The author’s expertise in this area, having carried out research with Gypsies and Travellers for 25 years, underpins the book with excellent empirical knowledge and research-informed discussion.

This volume brings together a range of practical and theoretical perspectives on responsibility in the context of refugee and migrant integration. Addressing one of the major challenges of our time, a diverse group of authors shares insights from history, philosophy, psychology, cultural studies, and from personal experience. The book expands our understanding of the complex challenges and opportunities that are associated with migration and integration, and highlights the important role that individuals can and should play in the process. Interview with the authors: https://youtu.be/HDkaN_PBBF8

This book traces the development of the discourse used by the pro-life movement since the 1970s, and its relationship to public policy efforts at the state and federal level. The pro-life movement's successes, both in legislative efforts to limit access to abortion as well changing the public's perception of the pro-life movement, is surprising given American's continued support of some level of access to abortion. Using a multi-method approach, the authors argue that these successes are a result of a dynamic and responsive movement, which has adapted both its discourse and public policy efforts since Roe v. Wade. With the Hobby Lobby ruling in 2014, the movement has successfully created its newest strategy, integrating claims of religious liberty to protect individuals and corporate entities. The book's examination of the pro-life strategy highlights its current and future impact on human rights, reproductive rights, and right-wing politics.

This text provides insights into the field of international human rights politics - the protection of children and their rights - by looking at the negotiations leading to the 1989 UN Convention on the Rights of the Child.

This book is the first comprehensive biography of Lemkin based on his papers. It highlights the role of culture in Lemkin's campaign for a Genocide convention and his use of the concept in historical research. It throws fresh light on the attempt by the British government to block the convention. This book is the first complete biography of Raphael Lemkin, the father of the United Nations Genocide Convention, based on his papers; and shows how his campaign for an international treaty succeeded. In addition, the book covers Lemkin's inauguration of the historical study of past genocides.

This book offers the first comprehensive and in-depth analysis of the provisions of the 'Malabo Protocol'-the amendment protocol to the Statute of the African Court of Justice and Human and Peoples' Rights-adopted by the African Union at its 2014 Summit in Malabo, Equatorial Guinea. The Annex to the protocol, once it has received the required number of ratifications, will create a new Section in the African Court of Justice and Human and Peoples' Rights with jurisdiction over international and transnational crimes, hence an 'African Criminal Court'. In this book, leading experts in the field of international criminal law analyze the main provisions of the Annex to the Malabo Protocol. The book provides an essential and topical source of information for scholars, practitioners and students in the field of international criminal law, and for all readers with an interest in political science and African studies. Gerhard Werle is Professor of German and Internationa l Crimina l Law, Criminal Procedure and Modern Legal History at Humboldt-Universitat zu Berlin and Director of the South African-German Centre for Transnational Criminal Justice. In addition, he is an Extraordinary Professor at the University of the Western Cape and Honorary Professor at North-West University of Political Science and Law (Xi'an, China). Moritz Vormbaum received his doctoral degree in criminal law from the University of Munster (Germany) and his postdoctoral degree from Humboldt-Universitat zu Berlin. He is a Senior Researcher at Humboldt-Universitat, as well as a coordinator and lecturer at the South African-German Centre for Transnational Criminal Justice.

When he nished writing, he raised his eyes and looked at me. From that day I have thought about Doktor Pannwitz many times and in many ways. I have asked myself how he really functioned as a man; how he lled his time, outside of the Polymerization and the Indo- Germanic conscience; above all when I was once more a free man, I wanted to meet him again, not from a spirit of revenge, but merely from a personal curiosity about the human soul. Because that look was not one between two men; and if I had known how completely to explain the nature of that look, which came as if across the glass window of an aquarium between two beings who live in different worlds, I would also have explained the essence of the great insanity of the third Germany. PRIMO LEVI If this is a man, pp. 111-112, in, If this is a man and The truce, trans. S. Woolf, Abacus, London, 1987] If all propositions, even the contingent ones, are resolved into identical propositions, are they not all necessary? My answer is: certainly not. For even if it is certain that what is more perfect is what will exist, the less perfect is nevertheless still possible. In propositions of fact, existence is involved. LEIBNIZ Samtlic ] he schriften und briefe vol VI pt 4 Deutsche Akademie der Wissenschaften, 1449A VI 4] We live in a rule-constrained world."

Does the lethal use of drones pose any new or difficult moral problems? Or is the controversy over these weapons merely a distraction from deeper questions regarding the justice of war and the United States' bellicose foreign policy? Opposing Perspectives on the Drone Debate pulls no punches in answering these questions as five scholars square off in a lively debate over the ethics of drones and their contentious use in a point-counterpoint debate. The contributing authors are some of the foremost thinkers in international affairs today, spanning the disciplines of philosophy, sociology, political science, and law. Topics debated range from the US's contested policy of so-called "targeted killing" in Pakistan's tribal regions to fears over the damaging effects such weaponry has on our democratic institutions to the more abstract moral questions raised by killing via remote control such as the duty to capture over kill.

This book analyzes human rights and crime prevention challenges from the perspective of the 1948 Universal Declaration of Human Rights and the 2030 United Nations Sustainable Development Agenda, in particular its goal 16 on promoting peaceful, inclusive and just societies, the creation and development of which depend on the interplay between various secular and non-secular (f)actors. The book reflects on the implementation of these two legal instruments from a "back to the future" standpoint, that is, drawing on the wisdom of contributors to the 2030 Agenda from the past and present in order to offer a constructive inter-disciplinary and intergenerational approach. The book's intended readership includes academics and educationists, criminal justice practitioners and experts, diplomats, spiritual leaders and non-governmental actors; its goal is to encourage them to pursue a socially and human rights oriented drive for "larger freedom," which is currently jeopardized by adverse political currents.

Focusing on international social justice drama in its current local, national, and international manifestation, this interdisciplinary approach explores the relationship of contemporary dramatic forms to human rights issues. Over examines the artistic styles, goals, and thematic interests of dramatists and film directors of works of social commitment. He also considers the conditions and economics of wide audience appeal that prevent Hollywood and many independent filmmakers from effectively addressing these politically explosive issues. In contrast, differing cultures and economic concerns result in third world filmmakers and playwrights producing more comprehensive expositions of social issues. Considering a selected group of film and stage movements the author concludes with an optimistic prediction for political drama in the new century. This informed discussion will appeal to film, theatre, and cultural studies scholars.

A detailed biography written soon after its subject's tragic death. The appendixes include texts of some of King's most famous speeches.

What is the nature and purpose of women's sexuality? How does women's sexuality relate to femininity, masculinity, and violence against women? What effect does sex role socialization have on women's sexual relations? To what extent have sexual behavior, expectations for intimacy, and sex research been shaped by a male-dominant society? These questions and more are addressed in Sexual Salvation, an open-minded and comprehensive celebration of cultural and sexual diversity. Relying on her 21-years' experience as a feminist sex-researcher, clinical psychologist, and college professor, the author illuminates the wide-ranging experiences women have had with sexuality and intimacy. Linking new feminist scholarship with emerging social science and therapist work, she makes contributions to understanding women's sexuality clear, logical, and appealing for a broad group of readers--women and men alike. The Cold War might be over but the Women's Sex and Culture War continues in full force. Women argue with men and each other. Politically conservative individuals argue among themselves and most of all with feminists. But feminists are far from united: one group argues persuasively that women are men's sexual victims and require additional protection; the opposing feminist group argues just as articulately that women deserve sexual autonomy, not increased restrictions under the guise of protection. Sexual Salvation, written by Naomi McCormick, a distinguished feminist sex researcher, offers relief from divisive, extremist rhetoric. In her undogmatic, meticulously researched, and beautifully written book, McCormick acknowledges the contributions of all feminists to the affirmation of women's sexual rights and pleasures. Here for the first time is a book about and for all women, not just the white, middle-class, heterosexual, able-bodied women addressed by most popular authors (including many feminists). This is an inclusive and sensitive book that touches upon the sexuality of all women: women of color, women of all sexual orientations, women of all ages, women who live with disabilities and chronic illness, poor and working class women--as well as women from socially privileged groups. More valuable still, McCormick backs up her ideas with a solid grasp of multidisciplinary scholarship. Scholars and general readers alike will find Sexual Salvation remarkable for its seamless integration of sex research and feminist and psychotherapeutic literature; and--most compelling--for its honesty.

Combining both legal and empirical research, this book explores the statutory aspects and practice of Gacaca Courts (inkiko gacaca), the centrepiece of Rwanda's post-genocide transitional justice system, assessing their contribution to truth, justice and reconciliation. The volume expands the knowledge regarding these courts, assessing not only their performance in terms of formal justice and compliance with human rights standards but also their actual modus operandi. Scholars and practitioners have progressively challenged the idea that genocide should be addressed exclusively through 'westernised' criminal law, arguing that the uniqueness of each genocidal setting requires specific context-sensitive solutions. Rwanda's experience with Gacaca Courts has emerged as a valuable opportunity for testing this approach, offering never previously tried homegrown solutions to the violence experienced in 1994 and beyond. Due to the unprecedented number of individuals brought to trial, the absence of lawyers, the participative nature, and the presence of lay judges directly elected by the Rwandan population, Gacaca Courts have attracted the attention of researchers from different disciplines and triggered dichotomous reactions and appraisals. The tensions existing within the literature are addressed, anchoring the assessment of Gacaca in a comprehensive legal analysis in conjunction with field research. Through the direct observation of Gacaca trials, and by holding interviews and informal talks with survivors, perpetrators, ordinary Rwandans, academics and the staff of NGOs, a purely legalistic perspective is overcome, offering instead an innovative bottom-up approach to meta-legal concepts such as justice, fairness, truth and reconciliation. Outlining their strengths and shortcomings, this book highlights what aspects of Gacaca Courts can be useful in other post-genocide contexts and provides crucial lessons learnt in the realm of transitional justice. The primary audience this book is aimed at consists of researchers working in the areas of international criminal law, transitional justice, genocide, restorative justice, African studies, human rights and criminology, while practitioners, students and others with a professional interest in the topical matters that are addressed may also find the issues raised relevant to their practice or field of study. Pietro Sullo teaches public international law and international diplomatic law at the Brussels School of International Studies of the University of Kent in Brussels. He is particularly interested in international human rights law, transitional justice, international criminal law, constitutional transitions and refugee law. After earning his Ph.D. at the Sant'Anna School of Advanced Studies in Pisa, Dr. Sullo worked at the Max-Planck-Institute for Comparative Public Law and International Law in Heidelberg as a senior researcher and as a coordinator of the International Doctoral Research School on Retaliation, Mediation and Punishment. He was also Director of the European Master's Programme in Human Rights and Democratization (E.MA) in Venice from 2013 to 2015 and lastly he has worked for international NGOs and as a legal consultant for the Libya Constitution Drafting Assembly on human rights and transitional justice.

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Published under the auspices of the Consortium on Human Rights Development, this book presents a comparative analysis of two legal instruments: one national--the New Tanzanian Bill of Rights--and the other regional--The African Charter on Human Rights and People's Rights. Both are important for the purposes of protection and promotion of human rights. Human Rights in Africa records the movement towards anarchy and dictatorship in Africa which contributed tremendously to the new thinking and re-thinking about the need to respect human dignity in Africa. In this book, the author poignantly illustrates the national disregard of human rights. Taking the case of Tanzania, Peter shows various incidents of violation of human rights. He then cites examples of violations at different levels in other African and Third World countries. Part One of the book presents an historical examination of the Tanzanian Bill of Rights and the African Charter on Human and People's Rights. Part Two offers a thorough comparison of these two legal instruments. Part Three covers the entire scope of people's rights and Parts Four and Five take a look at the enforcement mechanism of these legal instruments. Part Six presents the author's conclusions and summary statements. Both the New Tanzanian Bill of Rights and the African Charter on Human and People's Rights can be found in their entirety in the Appendix. This book makes informative reading to anyone interested in international law, African history, human rights and related subjects.

There is growing judicial, academic and political interest in the concept of common law constitutional rights. Concurrently, significant public law judgments, including R (Miller) v The Prime Minister, R (Begum) v Special Immigration Appeals Commission and R (Privacy International) v Investigatory Powers Tribunal, continue to sustain and enrich the academic debate on the nature of the UK constitution. Bringing these two highly topical themes together, the book argues, firstly, that neither common law constitutionalism nor political constitutionalism adequately capture the nature of public law litigation because neither is fully able to account for the co-existence and interplay between parliamentary sovereignty and the rule of law. Advancing the idea of a 'nuanced' constitution instead, the book then provides an in-depth analysis of common law constitutional rights, looking at their history, conceptual foundations, contemporary characteristics, coverage and resilience. In doing so, this book highlights and re-conceptualises the dynamics and mechanisms of constitutional law adjudication and provides the first comprehensive critique of common law constitutional rights jurisprudence. It is centred around extensive case law analysis which focuses predominantly on recent Supreme Court judgments.

Human information and communication technology (ICT) implants have developed for many years in a medical context. Such applications have become increasingly advanced, in some cases modifying fundamental brain function. Today, comparatively low-tech implants are being increasingly employed in non-therapeutic contexts, with applications ranging from the use of ICT implants for VIP entry into nightclubs, automated payments for goods, access to secure facilities and for those with a high risk of being kidnapped. Commercialisation and growing potential of human ICT implants have generated debate over the ethical, legal and social aspects of the technology, its products and application. Despite stakeholders calling for greater policy and legal certainty within this area, gaps have already begun to emerge between the commercial reality of human ICT implants and the current legal frameworks designed to regulate these products. This book focuses on the latest technological developments and on the legal, social and ethical implications of the use and further application of these technologies.

Rethinking Children's Rights explores attitudes towards and experiences of children's rights. Phil Jones and Sue Welch draw on a wide range of thought, research and practice from different fields and countries to debate, challenge and re-appraise long held beliefs, attitudes and ways of working and living with children. This second edition contains updated references to legislation and research underpinning children's rights, reflecting on recent scholarship and on the current world context. New research and examples are discussed around: - online protection and privacy - evaluating UK progress and the children's rights review by the United Nations - recent insights on the implementation of the United Nations Convention on the Rights of the Child (UNCRC) - new debates about the construction and development of children's rights - new debates about the relationships between social exclusion and children's rights Recent developments in the definition of rights are considered from a variety of perspectives and in relation to different arenas of children's lives. This second edition brings an increased focus on exploring the notion of disjunction between the rhetoric of policy and legislation and the enacted and perceived experiences of children's rights. Themes discussed include power relations between adults and children, the child's voice, intercultural perspectives, social justice, gender and disability. Examples of research, activities, interviews with researchers and guidance on further reading make this an essential text for those studying childhood.