The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee's situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.

This book addresses the relationship between International Refugee Law and International Human Rights Law. Using international refugee law's analytical turn to human rights as its object of inquiry, it represents a critical intervention into the revisionism that has led to conceptual fragmentation and restrictive practices. Mainstream literature in refugee law reflects a mood of celebration, a narrative of progress which praises the discipline's rescue from obsolescence. This is commonly ascribed to its repositioning alongside human rights law, its veritable rediscovery as an arm of this far greater edifice. By using human rights logic to construct the current legal paradigm and inform us of who qualifies as a refugee, this purportedly lent areas of conceptual uncertainty a set of objective, modern criteria and increased enfranchisement to new, non-traditional claimants. The present work challenges this dominant position by finding the untold limits of its current paradigm. It stands alone in this orientation and hereby represents one of the most comprehensive, heterodox and structurally detailed reviews of this connection. The exploration of the gap between modern approaches and the unsatisfactory realities of seeking asylum forms the substance of this book. It asserts, by contrast, the existence of revolution rather than evolution. Human rights law has erased the founding tenets of the Refugee Convention, enabling powerful states to contain refugees in their region of origin. The book will be essential reading for those interested in Refugee Law, Refugee Studies, Postcolonial Legal Studies, Postmodern Critiques and Critical Legal Theory. Additionally, given its relevance for the adjudication of refugee claims, it will be an important resource for solicitors, barristers and judges.

NATO, an organisation brought together to function as an anti-communist alliance, faced existential questions after the unexpected collapse of the USSR at the beginning of the 1990s. Intervention in the conflict in Bosnia between 1992 and 1995 gave it a renewed sense of purpose and a redefining of its core mission. Abe argues that an impetus for this change was the norm dilemma that the conflict in Bosnia represented. On the one hand a state which oversaw the massacre of its civilians was in breach of international norms, but on the other hand intervention by outside states would breach the norms of sovereign integrity and non-use of force. NATO, as an international governance organisation, thus became a vehicle for avoiding this kind of dilemma. A detailed case study of NATO during the Bosnian war, this book explores how the differing views and preferences among the Western states on the intervention in Bosnia were reconciled as they agreed on the outline of NATO's reform. It examines detailed decision-making processes in Britain, France, Germany and the USA. In particular Abe analyses why conflicting norms led to an emphasis on conflict prevention capacity, rather than simply on armed intervention capacity.

Longlisted for the Women's Prize for Fiction 2019, a powerful, well-researched, fictional account exploring the trokosi tradition for the curious and the open-minded. Abeo Kata lives a comfortable, happy life in West Africa as the privileged nine-year-old daughter of a government employee and stay-at-home mother. But when the Katas' idyllic lifestyle takes a turn for the worse, Abeo's father, following his mother's advice, places the girl in a religious shrine, hoping that the sacrifice of his daughter will serve as atonement for the crimes of his ancestors. Unspeakable acts befall Abeo for the fifteen years she is enslaved within the shrine. When she is finally rescued, broken and battered, she must struggle to overcome her past, endure the revelation of family secrets, and learn to trust and love again. In the tradition of Chris Cleave's Little Bee, Praise Song for the Butterflies is a contemporary story that offers an educational, eye-opening account of the practice of ritual servitude in West Africa. Spanning decades and two continents, Praise Song for the Butterflies is an unflinching tale of the devastation that children are subject to when adults are ruled by fear and someone must pay the consequences. "Abeo is unrelenting - a fiery protagonist who sparks in every scene. Bernice L. McFadden has created yet another compelling story, this time about hope and freedom." Nicole Dennis-Benn, author of Here Comes the Sun

This book offers a unique Australian perspective on the global crisis in refugee protection. Using performance as both an object and a lens, this volume explores the politics and aesthetics of migration control, border security and refugee resistance. The first half of the book, titled On Stage, examines performance objects such as verbatim and documentary plays, children's theatre, immersive performance, slam poetry, video art and feature films. Specifically, it considers how refugees, and their artistic collaborators, assert their individuality, agency and authority as well as their resistance to cruel policies like offshore processing through performance. The second half of the book, titled Off Stage, employs performance as a lens to analyse the wider field of refugee politics, including the relationship between forced migrants and the forced displacement of First Nations peoples that underpins the settler-colonial state, philosophies of cosmopolitanism, the role of the canon in art history and the spectacle of bordering practices. In doing so, it illuminates the strategic performativity-and nonperformativity-of the law, philosophy, the state and the academy more broadly in the exclusion and control of refugees. Taken together, the chapters in this volume draw on, and contribute to, a wide range of disciplines including theatre and performance studies, cultural studies, border studies and forced migration studies, and will be of great interest to students and scholars in all four fields.

First published in 1998, this first volume of The Manual on Human Rights Education for Universities has been prepared in the hope that it will serve as a teaching aid for institutions of higher education, as well as for UNESCO Chairs, and focuses on new dimensions and challenges. UNESCO's long experience in this field goes back to 1951, when the first guide for teachers on the Universal Declaration of Human Rights was published. This formed part of UNESCO's efforts to create a comprehensive system of human rights education, embracing formal and non-formal education. Issues explored include peace, the environment, education, discrimination and extreme poverty.

This book explains the past and present status of hate speech regulations in Japan. The United States and European countries have adopted different approaches to resolve their respective hate speech problems. Both of them, however, continue to confront the dilemma that freedom of speech and anti-racism are fundamental values of human rights. Therefore, some scholars criticize the US approach as too protective of freedom of speech, while other scholars criticize the European approach as impermissibly violating that freedom. Compared to these countries, Japan is unique in that it does not criminalize hate speech and hate crime other than in the recently enacted Kawasaki City Ordinance criminalizing some kinds of hate speech. Japan basically relies on a comprehensive set of non-regulative tools to suppress extreme hate speech. This volume analyses Japanese hate speech laws and suggests a unique distinctive model to strike a balance between both core values of democracy.

This pioneering book demonstrates how different traditions of sociological thought can contribute to an understanding of the theory and practice of rights. It provides a sociological treatment of a wide range of substantive issues but never loses sight of the key theoretical questions. It: considers some varied cases of public intervention, including welfare, caring, mental health provisions, pensions, justice and free speech alongside the rights issues they raise examines the question of rights from the point of view of distinctive population groups, such as prisoners and victims, women, ethnic minorities, indigenous peoples and lesbians and gays. A key strength is its detailed presentation and analysis of different aspects of rights and its exploration of a variety of analytical perspectives. Rights are viewed, not in terms of ethical certainty, but as the product of social processes and part of shifting terrain which is open to negotiation. Including a theoretical critique of existing perspectives, Rights offers a diverse and detailed exploration of the contribution sociological thought can make to this increasingly important aspect of social life and is an invaluable aid to students studying in this area.

As the most comprehensive edited volume to be published on perpetrators and perpetration of mass violence, the volume sets a new agenda for perpetrator research by bringing together contributions from such diverse disciplines as political science, sociology, social psychology, history, anthropology and gender studies, allowing for a truly interdisciplinary discussion of the phenomenon of perpetration. The cross-case nature of the volume allows the reader to see patterns across case studies, bringing findings from inter alia the Holocaust, the genocides in Rwanda and the former Yugoslavia, and the civil wars in Cambodia and Cote d'Ivoire into conversation with each other. The chapters of this volume are united by a common research interest in understanding what constitutes perpetrators as actors, what motivates them, and how dynamics behind perpetration unfold. Their attention to the interactions between disciplines and cases allows for the insights to be transported into more abstract ideas on perpetration in general. Amongst other aspects, they indicate that instead of being an extraordinary act, perpetration is often ordinary, that it is crucial to studying perpetrators and perpetration not from looking at the perpetrators as actors but by focusing on their deeds, and that there is a utility of ideologies in explaining perpetration, when we differentiate them more carefully and view them in a more nuanced light. This volume will be vital reading for students and scholars of genocide studies, human rights, conflict studies and international relations.

The US led programme of extraordinary rendition created profound challenges for the international system of human rights protection and rule of law. This book examines the efforts of authorities in Europe and the US to re-establish rule of law and respect for human rights through the investigation of the program and its outcomes. The contributions to this volume examine the supranational and national inquiries into the US CIA-led extraordinary rendition and secret detention programme in Europe. The book takes as a starting point two recent and far-reaching developments in delivering accountability and establishing the truth: First, the publication of the executive summary of the US Senate Intelligence Committee (Feinstein) Report, and second, various European Court of Human Rights judgments regarding the complicity of several state parties and the incompatibility of those actions with the European Convention of Human Rights and Fundamental Freedoms (ECHR). The collective volume provides the first stock-taking review of the state of affairs in the quest for accountability, and identifies significant obstacles in going even further -- as international law demands. It will be vital reading for students and scholars in a wide range of areas, including international relations, international law, public policy and counter-terrorism studies.

Though the EU has tried to place human rights and democracy at the heart of its external action, there are serious concerns about its capacity to have a significant impact on the situation of human rights and human rights defenders as well as on the democratization processes taking place in different regions of the world. This edited volume sheds light on the achievements of EU policies and programmes in the field of human rights and democracy, also taking into account the challenges ahead. Analysing the changing global context's effect on the ability of the EU to have a meaningful impact in the field of human rights and democratization, it examines relevant policies and programmes of the EU to see their impact on the ground. Combining various methodologies, the authors examine primary agreements and other EU documents, secondary sources (such as evaluations of EU's policies and programmes) in the field of human rights and democracy promotion, and have interviewed EU officials, academics and other key stakeholders. From these, the book sheds light on specific programmes such as the EIDHR, the EOM and the EU Guidelines on Human Rights Defenders, illuminating the increasingly hostile environment to work for human rights and democracy in a number of countries. This text will be of key interest to scholars and students of EU human rights and law, to practitioners in Europe and beyond, and more broadly to EU studies, democracy studies and international relations.

The right to freedom of religion or belief, as enshrined in international human rights documents, is unique in its formulation in that it provides protection for the enjoyment of the rights "in community with others". This book explores the notion of the collective dimension of freedom of religion or belief with a view to advance the protection of this right. The book considers Turkey which provides a useful test case where both the domestic legislation can be assessed against international standards, while at the same time lessons can be drawn for the improvement of the standard of international review of the protection of the collective dimension of freedom of religion or belief. The book asks two main questions: what is the scope and nature of protection afforded to the collective dimension of freedom of religion or belief in international law, and, secondly, how does the protection of the collective dimension of freedom of religion or belief in Turkey compare and contrast to international standards? In doing so it seeks to identify how the standard of international review of the collective dimension of freedom of religion can be improved.

This book takes a radically different approach to the concept of autonomy. Killmister defends a theory of autonomy that is four-dimensional and constituted by what she calls 'self-definition,' 'self-realisation,' 'self-unification,' and 'self-constitution.' While sufficiently complex to inform a full range of social applications, this four-dimensional theory is nonetheless unified through the simple idea that autonomy can be understood in terms of self-governance. The 'self' of self-governance occupies two distinct roles: the role of 'personal identity' and the role of 'practical agency.' In each of these roles, the self is responsible for both taking on, and then honouring, a wide range of commitments. One of the key benefits of this theory is that it provides a much richer measure not just of how autonomous an agent is, but also the shape-or degree-of her autonomy. Taking the Measure of Autonomy will be of keen interest to professional philosophers and students across social philosophy, political philosophy, ethics, and action theory who are working on autonomy.

State-sponsored torture and peacebuilding encapsulate the essence of many of the current conflicts in Indonesia. Papua in particular provides a thought-provoking example of the intricacy and complexity of building peace amidst enduring conflict and violence. This book examines the complex power relations that have constructed the gruesome picture of the fifty-year practice of torture in Papua, as well as the ongoing Papuan peacebuilding movements that resist the domineering power of the Indonesian state over Papuans. Conceptualising 'theatres of torture and peace', the book argues that torture in Papua is performed in public by the Indonesian state in order to communicate its policy of terror towards Papuans - it is not meant for extracting information, gaining confessions or exacting punishment. A Torture Dataset is provided, codifying evidence from a broad range of cases, collected through sensitive interviews. In examining the data, the author crafts a new, more holistic framework for analyzing cases of torture and employs an interdisciplinary approach integrating three different theories: Foucault's theory of governmentality and sovereignty, Kristeva's theory of abjection and Metz's theory of memoria passionis (the memory of suffering). The book successfully establishes a new understanding of torture as 'public theatre' and offers a new perspective of strengthening the existing Papuan peacebuilding framework of Papua Land of Peace. It will be of interest to academics working on Southeast Asian Studies, Peace and Conflict Studies, Transitional Justice, Peacebuilding, Human Rights and Anthropology of Violence.

Human rights and conflict resolution have been traditionally perceived as two separate fields, sometimes in competition or in tension and occasionally with contradictory approaches towards achieving a lasting peace. Although human rights norms have been incorporated and institutionalized by various national, regional, and international organizations that deal with conflict resolution, negotiators and mediators are often pressured in practice to overlook international human rights principles in favor of compliance and more immediate outcomes. The chapters in this volume navigate the relationship between human rights and conflict resolution by fleshing out practical, conceptual, and institutional encounters of the two agendas and engaging with lessons learned and windows of opportunities for mutual learning. Recognizing the increasing relevance of this debate and important gaps in the current research on the topic, this book addresses the following questions: How can we improve our practical and theoretical understanding of the complementarity between human rights and conflict resolution? How would a human rights-based approach to conflict resolution look like? How are international, regional, and national organizations promoting, implementing, and/or adapting to better coordinate between human rights and conflict resolution? Building on empirical evidence from contemporary conflict resolution processes, how have human rights been integrated in different efforts on the ground? What are the main lessons learned in this regard? Examining a wide range of countries and issues, this work is essential reading for human rights, conflict resolution, and security experts including scholars, diplomats, policy-makers, civil society representatives, and students of international politics.

The conflict in Nepal (1996 - 2006) resulted in an estimated 15,000 deaths, 1,300 disappearances, along with other serious human rights and humanitarian law violations. Demands for peace, democracy, accountability and development, have abounded in the post-conflict context. Although the conflict catalysed major changes in the social and political landscape in Nepal, the transitional justice (TJ) process has remained deeply contentious and fragmented. This book provides an in-depth analysis of transitional justice process in Nepal. Drawing on interviews with a diverse range of stakeholders, including victims, ex-combatants, community members, human rights advocates, journalists and representatives from diplomatic missions, international organisations and the donor community, it reveals the differing viewpoints, knowledge, attitudes and preferences about TJ and other post-conflict issues in Nepal. The author develops an actor typology and an action spectrum, which can be used in Nepal and other post-conflict contexts. The actor typology identifies four main groups of TJ actors-experts, brokers, implementers and victims-and highlights who is making claims and on behalf of whom. The action spectrum, based on contentious politics literature and resistance literature, demonstrates the strategies actors use to shape the TJ process. This book argues that the potential of TJ lies in these dynamics of contention. It is by letting these dynamics play out that different conceptualisations of TJ can arise. While doing so may lead to practical challenges and produce situations that are normatively undesirable for some actors, particularly when certain political parties and national actors seem to 'hijack' TJ, remaining steadfast to the dominant TJ paradigm is also undesirable. As the first book to provide a single case study on TJ in Nepal, it makes theoretical and empirical contributions to: TJ research in Nepal and the Asia-Pacific more broadly, the politics versus justice binary and the concept of victimhood, among others. It will be of interest to a wide range of scholars in the study of transitional justice, peace and conflict studies, human rights, sociology, political science, criminology, law, anthropology and South Asian Studies, as well as policy-makers and NGOs.

The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of 'laws' result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-a-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license. https://s3-us-west-2.amazonaws.com/tandfbis/rt-files/docs/Open+Access+Chapters/9781138121249_oachapter10.pdf

A bold new assessment of the multipronged attack on rights in the United States, and how to push back An overwhelming majority of Americans agree that rights are essential to their freedom, and that rights today are severely threatened. The promise of rights has been reimagined at pivotal moments in American history-from the American Revolution to the Civil War to the Civil Rights Movement. Can today become another time of transformation? Holding Together is about the promise of rights as a source of American identity, the struggle to realize rights by countless Americans to whom the promise has been denied or not fulfilled, the hijacking of rights by politicians who seek power by dividing and polarizing, and the way forward in which rights can bring Americans together instead of tearing them apart. Drawing on a series of town hall meetings with representative groups of citizens across the country discussing their concerns over rights, new national opinion polls from all demographic groups and political perspectives conducted in 2020 and 2021, and extensive research, Holding Together is a road map for an American rights revival. John Shattuck, Sushma Raman, and Mathias Risse present a comprehensive account of the current state of rights in the United States-and concrete recommendations to policy makers and citizens on how to reclaim them.

This book traces the role of human rights concerns in US foreign policy during the 1980s, focusing on the struggle among the Reagan administration and members of Congress. It demonstrates how congressional pressure led the administration to reconsider its approach to human rights and craft a conservative human rights policy centered on democracy promotion and anti-communism - a decision which would have profound implications for American attention to human rights. Based on extensive archival research and interviews, Rasmus Sinding Sondergaard combines a comprehensive overview of human rights in American foreign relations with in-depth case studies of how human rights shaped US foreign policy toward Soviet Jewry, South African apartheid, and Nicaragua. Tracing the motivations behind human rights activism, this book demonstrates how liberals, moderates, and conservatives selectively invoked human rights to further their agendas, ultimately contributing to the establishment of human rights as a core moral language in US foreign policy.

Right-wing nationalist populism poses direct attacks on social tolerance, human rights discourse, political debates, the survival of the welfare state and its universal services, impacting on the roles of social work. This book demonstrates how right-wing nationalist populism can and must be countered. Using case studies from around the world, this book shows how a revitalised radical social work where community organisation, building alliances, trade union commitment and social action can be used as political forces to speak up against discrimination and hate in accordance with human rights, social justice, and social work values. The rise of national populism signals that now is the time for social work to forge and reforge such networks and create links with civil society and challenge right-wing populist policies wherever they manifest themselves. It will be of interest to all social work students, practitioners and academics, particularly those working on critical and radical social work, green social work, anti-oppressive practice and community development.

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.

Fully updated, the sixth edition of International Human Rights examines the ways in which states and other international actors have addressed human rights since the end of World War II. This unique textbook features substantial attention to theory, history, international and regional institutions, and the role of transnational actors in the protection and promotion of human rights. Its purpose is to explore the difficult and contentious politics of human rights, and how those political dimensions have been addressed at the national, regional, and especially international levels. Key features include: substantially revised throughout, including new material on LGBTQ rights in Africa, Indigenous peoples' rights in Guatemala, the Rohingya crisis in Myanmar, and a new chapter on human rights and development; in-text features such as discussion questions, suggested readings, case studies, and "problems" to promote classroom discussion and in-depth examination of topics; concise yet clearly organised and comprehensive coverage of the topic. International Human Rights is essential reading for courses and modules in human rights, politics and international relations, law, criminal justice, sociology, social work, public administration, and international development.

Although they share similar socio-economic and cultural characteristics as well as their recent political histories, Argentina, Chile and Uruguay differ radically in their abortion policies. In this book, Cora Fernandez Anderson examines the role social movements play in abortion reform to show how different interaction patterns with state actors have led to three different policy outcomes: comprehensive abortion reform in Uruguay; moderate abortion reform in Chile; and no legal abortion reform in Argentina. Synthesizing a broad range of literature and drawing on in-depth field and archival research, she analyzes the strength of the campaigns for abortion reform, their relationships with leftist parties in power and the context of Church-state relations to explain this diverging trajectory in policy reform. A masterly analysis of how social movements, the power of institutions and Executive preferences have strong explanatory power, Fighting for Abortion Rights in Latin America is a perfect supplement for classes on gender and global politics.

Although they share similar socio-economic and cultural characteristics as well as their recent political histories, Argentina, Chile and Uruguay differ radically in their abortion policies. In this book, Cora Fernandez Anderson examines the role social movements play in abortion reform to show how different interaction patterns with state actors have led to three different policy outcomes: comprehensive abortion reform in Uruguay; moderate abortion reform in Chile; and no legal abortion reform in Argentina. Synthesizing a broad range of literature and drawing on in-depth field and archival research, she analyzes the strength of the campaigns for abortion reform, their relationships with leftist parties in power and the context of Church-state relations to explain this diverging trajectory in policy reform. A masterly analysis of how social movements, the power of institutions and Executive preferences have strong explanatory power, Fighting for Abortion Rights in Latin America is a perfect supplement for classes on gender and global politics.