This volume focuses on challenges to the effective and proper use of human rights and tries to identify, through a series of case studies, strategies and contexts in which human rights advocacy can work in favor of human rights, as well as situations in which such advocacy may backfire, or unintentionally cause harm.

The Trump administration's war on asylum and what Congress and the Biden administration can do about it Donald Trump's 2016 campaign centered around immigration issues such as his promise to build a border wall separating the US and Mexico. While he never built a physical wall, he did erect a legal one. Over the past three years, the Trump administration has put forth regulations, policies, and practices all designed to end opportunities for asylum seekers. If left unchecked, these policies will effectually lead to the end of asylum, turning the United States-once a global leader in refugee aid-into a country with one of the most restrictive asylum systems. In The End of Asylum, three experts in immigration law offer a comprehensive examination of the rise and demise of the US asylum system. Beginning with the Refugee Act of 1980, they describe how Congress adopted a definition of refugee based on the UN Refugee Convention and prescribed equitable and transparent procedures for a uniform asylum process. The authors then chart the evolution of this process, showing how Republican and Democratic administrations and Congresses tweaked the asylum system but maintained it as a means of protecting victims of persecution-until the Trump administration. By expanding his executive reach, twisting obscure provisions in the law, undermining past precedents, and creating additional obstacles for asylum seekers, Trump's policies have effectively ended asylum. The book concludes with a roadmap and a call to action for the Biden administration and Congress to repair and reform the US asylum system. This eye-opening work reveals the extent to which the Trump administration has dismantled fundamental American ideals of freedom from persecution and shows us what we can do about it.

In this lavishly illustrated volume, Sean Dennis Cashman surveys the history of civil rights in twentieth-century America. The book charts the principal course of civil rights against the dramatic backdrop of two world wars, the Great Depression, the affluent society of the postwar world, the cultural and social agitation of the 1960s, and the emergence of the new conservatism of the 1970s and 1980s.

Cashman describes the profound upheaval that African-Americans experienced as they moved from the outright racism of the South through the Great Migration northward from 1915, and sets the contribution of African-American leaders within their historical context: Booker T. Washington, W. E. B. Du Bois, Marcus Garvey, A. Philip Randolph, Malcolm X, Martin Luther King, and many others. The work also describes the shift in emphasis in the movement from legal cases brought before the courts to mass protest movements and, later, the change in direction from civil rights to Black Power and, later, Pan-Africanism.

Far more than just a history of civil rights leaders, this book explains how the achievements of African-American writers, artists, singers, and athletes contributed to a wider understanding of the humanity and culture of black Americans. Cashman details, among others, the achievements of the Harlem Renaissance, the films of Paul Robeson and Marian Anderson, and the works of Langston Hughes, Ralph Ellison, James Baldwin, and Toni Morrison. Written in an engaging style, the text is accompanied by a wealth of illustrations, some well known, others in print for the first time.

In Beyond Parliament Horman Chitonge offers a unique combination of the conceptual dimensions with the practical examples of human rights discourse deployed as an instrument for social change in the global south. He uses the right to water and the right to food to illustrate that human rights are never given on a silver platter; giving effect to human rights is always an outcome of a continuous struggle to protect human dignity and value. To implement this view of human rights, the book argues, requires going beyond the parliamentary politics of recognising and acknowledging human rights in statutes and bill of rights to the radical democratic politics of giving effect to the recognised rights, especially among the poor and marginalised.

Human rights are intertwined with large processes of globalisation. One of these processes is the rapid world-wide growth of multinational business enterprises. This volume argues that normative and legal developments to regulate and govern the behaviour of transnational businesses represent a new frontier in the struggle for human rights. This frontier has borne witness to many victims, but there are also glimpses of hope and opportunities for expanding the respect and protection of human rights in the corporate sector at local, national, and global levelsThe volume presents essays discussing current international challenges and efforts to advance human rights duties of transnational businesses. An introductory essay provides an overview of the debate and the individual chapters discuss legal, institutional, political, and social dimensions and obstacles to advancing business enterprises social and legal commitment to human rights norms.The book is aimed at legal and development scholars, public servants, and civil society practitioners with an interest in human rights commitments of transnational businesses. It is also of use for teachers and students in human rights law, corporate social responsibility courses, and courses in global development in degree programmes, and professional training programmes.

An authoritative analysis of one of the most revered rights of peoples and cultures around the world-privacy. Invasion of Privacy: A Reference Handbook chronicles the most pressing privacy issues and dilemmas from around the world from the 17th century to today. Shocking accounts of government and corporate abuse liven discussions of controversial topics ranging from high-tech surveillance and the collection of personal data to bodily and sexual privacy. The Internet, a platform for free speech now subject to calls for rigorous censorship, and the global threat of terrorism in the post-September 11 era receive special emphasis. Readers will also learn about disturbing abuses of power by the FBI, including how it intercepted emails, misled the federal courts in 75 warrant applications, and contributed to wrongful arrests of more than 100 people suspected of receiving child pornography over the Internet. A chronology of important moments in the development of the right to privacy from the 17th century to the present Primary sources include a brochure from the Center for Democracy and Technology about the USA PATRIOT Act and a reproduction of a "Bust Card" created by the American Civil Liberties Union

This book addresses questions in connection with the international legal regime on demands for secession, which have arisen in various States. More specifically, it examines the unilateral declarations of independence by Kosovo in 2008, and by Crimea and its subsequent annexation by the Russian Federation in 2014. The work investigates the two cases so as to shed light on the international legal regime affecting entities that are smaller than a sovereign State. It analyzes the relevant principles of international law, the intention being to determine their scope and review them in light of the most recent practice and developments in international law. In turn, the book examines and explains the events of relevance for international law that occurred in the changing situations in Kosovo and Crimea. On the basis of these legal considerations, it explores how the international community can respond when faced with situations that may violate international law, together with the effectiveness of various measures. It also discusses whether certain situations might be legitimate as a concept could now be emerging that secession may be justified in specific circumstances, such as serious and widespread violations of basic human rights.

This book provides a theoretical framework for explaining the choices made by international decision-makers in terms of what constitutes law. It comprehensively analyzes the practice of human rights courts in applying legal instruments outside their competence and proposes that this practice recognizes that different normative instruments coexist in an un-ordered space, and that meaning can be produced by the free interaction of those instruments around a problem. Based on this, the book advances its normative plurality hypothesis, which states that decision-makers must survey the acquis of international law in order to identify all the instruments containing relevant normative information for a particular situation. The set of rules of law applicable to the situation must then be complemented with other instruments containing specific normative information relevant to the situation, resulting in a complete system of norms advancing a common purpose.

In July 1994, the Rwandan Patriotic Front (RPF) set out to stabilise and secure Rwanda, a country decimated by genocide. This mandate was later extended to include the herculean task of promoting unity and reconciliation to a population torn apart by violence. More than two decades later, these goals appear to have been achieved. Beneath the veneer of reconciliation lies myriad programmes and legislation that do more than seek to unite the population - they keep the RPF in power. In Reconciling Rwanda: Unity, Nationality and State Control, Jennifer Melvin analyses the highly controversial RPF and its vision of reconciliation to determine who truly benefits from the construction of the new post-genocide Rwanda.

From Thomas Mapfumo to Bob Marley, William Parker to Frank Zappa, Edgard Varese to Ice-T; from American blues to West African drumming, hip hop to son, gospel singing to rock'n'roll cabaret, rebel music is at the heart of some of the most incisive critiques of global politics. With explosive lyrics and driving rhythms, a new wave of rebel musicians are helping to mobilize movements for political change and social justice, at home and around the world.

Original in concept, unrivaled in content, Rebel -Musics is alone in placing human rights issues side by side with different forms of music. A wide range of -accomplished contributors, from a variety of disciplines and performance contexts, examine the ways in which human rights and music are explicitly linked, how musical activism resonates in practical, political terms, and how musical resistance is enacted.

Apart from the editors, contributors include: cabaret artist, author, and musician Norman Nawrocki; film makers Marie Boti and Malcolm Guy; musician Jesse Stewart; poet George Elliott Clarke; author Timothy Brennan; economist Spencer Henson; author Martha Nandorfy; radio host Ray Pratt; editor, author, and music -reviewer Ron Sakolsky.

Daniel Fischlin is professor of English at the University of Guelph and co-author with Martha Nandorfy of "Eduardo Galeano: Through the Looking Glass" (Black Rose Books). He has been active as a musician for most of his life and this is his fourth book devoted to an interdisciplinary musical topic.

Ajay Heble is professor of English at the University of Guelph. He is the author of "Landing on the Wrong Note: Jazz, Dissonance, and Critical Practice" and coeditor (with Daniel Fischlin) of "The Other Side of Nowhere: Jazz, -Improvisation, and Communities in Dialogue." Artistic director and founder of The Guelph Jazz Festival, he is also an accomplished pianist.

Political dissent in Poland after World War II had changed considerably by the early 1980s. In the 1950s and 1960s it was characterized by spontaneity and lack of strategy; the opposite held true in the 1980s. The people of Poland became highly politicized and openly acting dissident organizations, hostile toward the communist state, flourished. Robert Zuzowski presents a comprehensive portrait of the unique pattern of dissent, exemplified by the Workers' Defense Committee KOR, which finally triumphed in Poland. He examines the rise of the opposition in Poland, a country which has experienced more political crises than any other East European nation.

Zuzowski argues that KOR, by introducing an innovative approach to political dissent in Poland, contributed significantly to the transformation of Polish politics. The volume also explores dissent in Poland during the two decades prior to the formation of KOR. The reasons for the formation of the Workers' Defense Committee are analyzed and its activities from its inception until the summer of 1980 are chronicled. The author then examines the Committee's relations with the Roman Catholic Church and dissident organizations. Concluding chapters discuss KOR's formal dissolution and the organization's influence on Polish political culture. This volume will interest students of communism and/or sociopolitical change, as well as all those concerned with East European politics.

With the spotlight on Magna Carta, which is 800 years old in 2015, and the French Declaration of the Rights of Man and Citizen of 1789, which together are of undeniable importance for fundamental rights-thinking, the existence of similar fundamental rights documents in other European countries is often overlooked. Such fundamental rights documents did, however, exist in the precursors to the current European Union Member States. Some of the documents are ancient, even older than Magna Carta, and some are more recent, but all of them are texts that deserve to be brought out and analysed alongside Magna Carta and the French Declaration in order to better understand the evolution of fundamental rights thinking in Europe.This volume paints a multi-faceted picture of historical fundamental rights documents in the European space by collating the experience of 24 European Union Member States at times in history when most of these states did not even exist. It is the first comprehensive and systematic evaluation of early fundamental rights thinking across Europe and it reveals surprising diversity. Spanning documents from the fifth century BC right through to the 19th century and early 20th century AD, this review opens up themes not normally found in historiographical analyses of fundamental rights.

This volume investigates the rise of human rights discourses manifested in the global spectrum of theatre and performance since 1945. Essays address topics such as disability, discrimination indigenous rights, torture, gender violence, genocide and elder abuse.

To celebrate the 20th anniversary of the MA in Understanding and Securing Human Rights offered at the School of Advanced Study, University of London, we are pleased to publish a commemorative edited volume on human rights themes authored by distinguished alumni and faculty. The chapters reflect on cutting-edge challenges in the field of human rights. Topics include refugee protection, women's human rights, business and human rights, the role of national and international legal mechanisms and emerging themes such as tax justice, rights in the digital age, theories of change, and poetry. It is a credit to the MA programme that the chapters are rich with critical analysis, diverse expertise and innovative approaches.This book will be essential reading for students of human rights and practitioners who can benefit from the insights into theory and practice offered here.

This book re-conceptualizes civil society engagement with global governance institutions in the field of development in terms of opposition. With an innovative theoretical framework, it maps and explains opposition strategies through detailed case studies on the EU, the Asian Development Bank, and the Global Forum on Migration and Development.

An examination of issues surrounding the development and future prospects of civil society in Eastern Europe. The contributions, mostly by leading East European scholars, relate the key concept of civil society to the processes that led to the collapse of communism and which bear on prospects for the establishment of a democratic order throughout the region. The development of the concept is placed in historical and comparitive context and subjected to critical scrutiny in the light of recent events in Eastern Europe. The rise of a civil society in Eastern Europe and evaluation of its future prospects is related to questions like those surrounding economic policy and reform, elite formation and leadership recruitment and the nature of the women's movement in the region. The series aims to provide theoretical insights into the dynamics of East European communism and the nature of the post-communist order.

This book examines in detail both historical and current legal concepts of religious cultural heritage within the context of the European continent. The latter group is primarily based on the variety of sacred cultural elements emanating from the different religious traditions of the peoples of Europe, which are deemed worthy of protection and preservation due to their outstanding value, in terms of their social, cultural and religious significance."" In view of this, the study provides evidence of the European States active involvement with their sacred/cultural treasures, on the basis of the political and legal foundations of neutrality and pluralism.

Furthermore, the book analyzes all relevant international legislative instruments (i.e. the plethora of EU, EC and UNESCO norms), as well as all major European legislative patterns, in light of their significance for the aforementioned aspects of pluralism and neutrality. The interdisciplinary references listed at the end of each chapter provide an additional incentive for further reading on the subject matter.

The most important finding to emerge from the study is that there is a shared legal ethos in Europe that imposes a duty of appropriate care concerning the vast variety of sacred cultural goods and the religious cultural heritage in general, as an invaluable repository of European cultural capital. It also considers the "sui generis" nature of this capital: like any other type of asset, it may deteriorate or fade over time, necessitating investment in its preservation or refurbishment; nevertheless, like no other, this particular capital maintains a distinct cultural value, as it contains an additional characteristic of sacredness expressed in the form of its religious character, the latter being analyzed as a triptych of religious memory, religious aesthetics and religious beliefs."

Tensions in the struggle for sexual minority rights in Europe, newly available in paperback, is the first queer and poststructuralist reading of political rights concepts in the specific European transnational context. In the last thirty years Europe has seen the rise of gay, lesbian, bisexual and transgender movements fighting nationally and transnationally for participation rights in society. In addition academic theorists have increasingly paid attention to the epistemological and ontological roles gender and sexuality play in modern politics. However, in the political process of arguing for rights the centrality of those roles is mostly hidden from view in official institutional and movement discourses. This book investigates the conceptual themes of lesbian, gay and transgender rights and lobby politics in Europe and their open and hidden relations to binary and hierarchical orders of dominance. It contributes to an understanding of the conditions upon which politics of inclusion, participation, social justice and equality rest and why struggles for sexual minority rights have been so difficult and slow. It illuminates how the paradigms of political discourse constitute, consolidate and contest the meaning and cultural significance of gender and sexuality on modern, democratic, capitalist European societies. -- .

This book discusses the ways in which ethno-cultural and religious diversity has hitherto been handled by the modern Turkish state within the framework of the discourse of tolerance in line with the contemporary Europeanization process. Among many other topics, this book will delineate the construction of the Turkish national identity and the modern Turkish state in a way that underlines the constitutive elements of the state machinery as well as the technologies of citizenship in Turkey since the decay of the Ottoman Empire in the early 19th century. Depicting the major challenges to the traditional Kemalist nation-state project such as the Alevi Question, the Kurdish Question, the Headscarf Question and the processes of Europeanization, the book will also include an historical account of the notion of tolerance in the Turkish context dating back to the heydays of the Ottoman Empire. Based on qualitative survey findings, this work is an attempt to unravel the myth of tolerance in Turkey.

Lenn Goodman argues forcefully that the Jewish tradition has a significant contribution to make to the general discourse on ethical issues. His goal in this book is to seek within the Jewish tradition, and in its interaction with other currents of Western thought, the foundations on which to build - without recourse to the privilege of "revelation" - public ethical theory.

Privacy and Technologies of Identity: A Cross-Disciplinary Conversation provides an overview of ways in which technological changes raise privacy concerns. It then addresses four major areas of technology: RFID and location tracking technology; biometric technology, data mining; and issues with anonymity and authentication of identity. Many of the chapters are written with the non-specialist in mind, seeking to educate a diverse audience on the "basics" of the technology and the law and to point out the promise and perils of each technology for privacy. The material in this book provides an interface between legal and policy approaches to privacy and technologies that either threaten or enhance privacy.

This book grew out of the Fall 2004 CIPLIT(r) Symposium on Privacy and Identity: The Promise and Perils of a Technological Age, co-sponsored by DePaul University's College of Law and School of Computer Science, Telecommunications and Information Systems. The Symposium brought together leading researchers in advanced technology and leading thinkers from the law and policy arenas, many of whom have contributed chapters to the book. Like the Symposium, the book seeks to contribute to a conversation among technologists, lawyers, and policymakers about how best to handle the challenges to privacy that arise from recent technological advances.

This provocative exploration of the issues surrounding free speech protection calls into question some important assumptions underlying much of contemporary free speech case law. The author considers the free speech issues associated with matters as diverse as the use of racial epithets, flag burning, obscenity, and speech by public school students, public school teachers, and public employees in general. He argues persuasively that free speech law has become unnecessarily complex and that free speech protection has been extended well beyond the bounds suggested by the various reasons for protecting speech in the first place. These developments, Professor Wright contends, risk an eventual weakening of the public commitment to free speech as a fundamental value.

In a series of chapters--some broadly theoretical in character, others focused on concrete free speech cases--Wright develops his argument that the courts' tendency to gradually expand the scope of protection afforded by the free speech clause dilutes the essential seriousness of the clause and will eventually tend to erode public support for freedom of speech as a fundamental principal. On a more abstract level, Wright demonstrates that, increasingly, the case law of freedom of speech is grounded only in some form of relativist or subjectivist thought. The long-term risk, Wright suggests, is that our adoption of freedom of speech may come to be seen as an arbitrary preference without morally binding character in any traditional sense. Writing for students of constitutional law as well as practicing attorneys involved in free speech cases, this volume is an important counterweight to arguments in support of continual expansion of free speech protection.

The United States Supreme Court is on the verge of overturning Roe v. Wade. When it does, that decision may be as important as the Dred Scott decision a century and a half ago. During the confirmation hearings for Clarence Thomas the focus was on the constitutional right to privacy and abortion. No legal concept has been more controversial and has had such a significant impact on the lives of millions of Americans. This book provides an understandable overview of the Supreme Court decisions concerned with privacy issues such as sex, drugs, abortion, and the right to die. The legal evolution of the constitutional right to privacy is explored with every significant Supreme Court decision explained along the way.

This book begins with an overview of the legal history that has led to the development of a constitutional right to privacy. The relationship between morality and law are presented from the Hittites to the Puritans. The impact of the ideas of philosophers such as Locke, Montesquieu, Rousseau, and Mill are presented along with an overview of the concepts of Natural Law and Natural Rights. The development of the right to privacy in American Common law is presented. The important Supreme Court decisions on privacy are discussed in detail from Griswold to Roe v. Wade.

Written by a team of international lawyers from Europe, Asia, Africa, and the Caribbean,this book analyses some of the most significant aspects of the ongoing armed conflictbetween the Russian Federation and Ukraine. As challenging as this conflict is for the international legal order, it also offers lessonsto be learned by the States concerned, and by other States alike. The book analysesthe application of international law in this conflict, and suggests ways for this law'sprogressive development. It will be useful to practitioners of international law working at national Ministriesof Defence, Justice, and Foreign Affairs, as well as in Parliaments, to lawyers ofinternational organizations, and to national and international judges dealing withmatters of public international law, international humanitarian law and criminal law.It will also be of interest to scholars and students of international law, and to historiansof international relations. Sergey Sayapin is Assistant Professor in International and Criminal Law at the Schoolof Law of the KIMEP University in Almaty, Kazakhstan. Evhen Tsybulenko is Professor of Law at the Department of Law of the Tallinn Universityof Technology in Tallinn, Estonia.