Are the global trends toward democratization and neoliberal economic development also providing enhanced protection for human rights? In this edited collection of theoretical essays and case studies, the contributors assess the often glaring contradiction between democratization trends in developing countries in the face of continuing human rights violations. The volume begins by asking whether we need to rethink our conceptualizations of democracy, human rights, and development, and particularly the causal relationships between these areas. An analysis of the changing nature of the international norms associated with these concepts illustrates some of the inherent contradictions. Next, an assessment of the status of women in the new democracies demonstrates the fallacy of assuming that all citizens progress equally, and underscores the necessity for including gender considerations and needs. Case studies based in Latin America and Africa examine further the relationships between democracy and human rights, with particular emphasis on the issue of consolidation in the future. The contributors conclude that democracy and development will only be sustainable with the active participation of civil society, especially nongovernmental groups. This collection will be important for students, scholars, and policy makers involved with issues of human rights and democratization in developing countries.

"Political Freedom" describes the liberties and rights of persons to take action which is deliberately designed to influence and affect public purposes: in particular government policy, the law and public opinion. Howard Davis looks at how the presence of political motives, when balanced against other motives, affects the legal character of the action, and asks why common law and statute should differentiate the political from the non-political. The book makes a contribution to the debate on the effectiveness of democracy in the United Kingdom in relation to the right to act politically and to participate in the political process of the nation, a human right as defined by the International Covenant on Civil and Political Rights and the European Convention on Human Rights.

This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

This book develops a philosophical conception of human rights that responds satisfactorily to the challenges raised by cultural and political critics of human rights, who contend that the contemporary human rights movement is promoting an imperialist ideology, and that the humanitarian intervention for protecting human rights is a neo-colonialism. These claims affect the normativity and effectiveness of human rights; that is why they have to be taken seriously. At the same time, the same philosophical account dismisses the imperialist crusaders who support the imperialistic use of human rights by the West to advance liberal culture. Thus, after elaborating and exposing these criticisms, the book confronts them to the human rights theories of John Rawls and Jurgen Habermas, in order to see whether they can be addressed. Unfortunately, they are not. Therefore, having shown that these two philosophical accounts of human rights do not respond convincingly to those the postco lonial challenges, the book provides an alternative conception that draws the understanding of human rights from local practices. It is a multilayer conception which is not centered on state, but rather integrates it in a larger web of actors involved in shaping the practice and meaning of human rights. Confronted to the challenges, this new conception offers a promising way for addressing them satisfactorily, and it even sheds new light to the classical questions of universality of human rights, as well as the tension between universalism and relativism.

What lessons can we learn from history, and more importantly: how? This question is as commonplace as it is essential. Efficient transitional justice policy evaluation requires, inter alia, an historical dimension. What policy has or has not worked in the past is an obvious key question. Nevertheless, history as a profession remains somewhat absent in the multi-disciplinary field of transitional justice. The idea that we should learn lessons from history continues to create unease among most professional historians. In his critical introduction, the editor investigates the framework of this unease. At the core of this book are nine national European case studies (post 1945, the 1970s dictatorships, post 1989) which implement the true scholarly advantage of historical research for the field of transitional justice: the broad temporal space. All nine case studies tackle the longer-term impact of their country's transitional justice policies. Two comparative conclusions, amongst others by the internationally renowned transitional justice specialist Luc Huyse, complete this collection. This volume is a major contribution in the search for synergies between the agenda of historical research and the rapidly developing field of transitional justice.

Whether newly-freed slaves could be trusted to own firearms was in great dispute in 1866, and the ramifications of this issue reverberate in today's "gun-control" debate. This is the only comprehensive study ever published on the intent of the framers of the Fourteenth Amendment and of Reconstruction-era civil rights legislation to protect the right to keep and bear arms. Indeed, this is the most detailed study ever published about the intent of the Fourteenth Amendment to incorporate and to protect from state violation any of the rights guaranteed by the Bill of Rights, even including free speech. Paradoxically, the Second Amendment is virtually the only Bill of Rights guarantee not recognized by the federal courts as protected by the Fourteenth Amendment. Through legislative and historical records generated during the Reconstruction epoch (1866-1876), Halbrook shows the intent of the Fourteenth Amendment and of civil rights legislation to guarantee full and equal rights to blacks, including the right to keep and bear arms.

There are millions of children experiencing parental imprisonment all over the world. This book is about their problems, human rights and how they are treated throughout the justice process from the arrest of a parent to imprisonment and release.

This book investigates how human rights law can be applied to corporate entities. To date there have been insufficient international legal mechanisms to bring corporations to justice for their misconduct abroad. The book argues that rather than trying to solve the problem locally, an international approach to corporate human rights compliance needs to be sought to prevent future corporate human rights abuses. Implementing effective and enforceable human rights compliance policies at corporate level allows businesses to prevent negative human rights impacts such as loss of revenue, high litigation costs and damage to reputation. By considering human rights to be an inherent part of their business strategy, corporations will be well equipped to meet national and regional business and human rights standards, which will inevitably be implemented in the next few years. This approach, in turn, also furthers the fundamental aim of international human rights law.

Draws together contributions from leading figures in the field of surveillance to engage in the discussion of the emergence of accountability as a means to manage threats to privacy. The first of its kind to enrich the debate about accountability and privacy by drawing together perspectives from experienced privacy researchers and policy makers.

CHOICE OUTSTANDING BOOK OF THE YEAR 2005 Recently, there has been a major shift in the focus of historical research on World War II towards the study of the involvements of scholars and academic institutions in the crimes of the Third Reich. The roots of this involvement go back to the 1920s. At that time right-wing scholars participated in the movement to revise the Versailles Treaty and to create a new German national identity. The contribution of geopolitics to this development is notorious. But there were also the disciplines of history, geography, ethnography, art history, archeology, sociology, and demography that devised a new nationalist ideology and propaganda. Its scholars established an extensive network of personal and institutional contacts. This volume deals with these scholars and their agendas. They provided the Nazi regime with ideas of territorial expansion, colonial exploitation and racist exclusion culminating in the Holocaust. Apart from developing ideas and concepts, scholars also actively worked in the SS and Wehrmacht when Hitler began to implement its criminal policies in World War II. This collection of original essays, written by the foremost European scholars in this field, describes key figures and key programs supporting the expansion and exploitation of the Third Reich. In particular, they analyze the historical, geographic, ethnographical and ethno-political ideas behind the ethnic cleansing and looting of cultural treasures. Michael Fahlbusch lives in Switzerland. He studied Geography in Munster and Zurich. He has written on the history of science, ethnic cleansing and ethno-politics in 20th-century Europe. Ingo Haar is working as a Research Fellow in the Berlin Centre of Research on Anti-Semitism (Zentrum fur Antisemitismusforschung, Berlin). He was a member of the Austrian Historical Commission on History of National Socialism and has worked extensively on policies and ideology of the Third Reich.

When, God willing, the abortion controversy is behind us, partisans of the pro-life and pro-choice positions are going to have to live together in this society. That is why, sloganeering and passionate polemics are inevitable, civil conversation is essential. And that is why "The Silent Subject" is such a gift to all of us at this point in the controversy. (From the foreword by Richard John Neuhaus) The essays in this work constitute a sensitive, public argument for a reconstruction of the confused--yet dominant--popular attitudes toward nascent human life and its value. Unlike most pro-life arguments, it offers no strictly religious or exclusively sectarian warrants for its assertions - instead bearing a more secular cast, speaking to a generalized and pluralistic audience. As a whole, "The Silent Subject" embraces no specific, particular political ideology. Its contributors have a broad spectrum of professional interests, political perspectives and social philosophies - all of which indicates the fundamentally humanistic and apolitical nature of concern for the unborn and the degree to which they are esteemed. This unusual book is a refreshingly candid and morally compelling analysis of the social forces that superintend our cultural outlook toward unborn human life.

The ways in which Internet traffic is managed have direct consequences on Internet users' rights as well as on their capability to compete on a level playing field. Network neutrality mandates to treat Internet traffic in a non-discriminatory fashion in order to maximise end users' freedom and safeguard an open Internet. This book is the result of a collective work aimed at providing deeper insight into what is network neutrality, how does it relates to human rights and free competition and how to properly frame this key issue through sustainable policies and regulations. The Net Neutrality Compendium stems from three years of discussions nurtured by the members of the Dynamic Coalition on Network Neutrality (DCNN), an open and multi-stakeholder group, established under the aegis of the United Nations Internet Governance Forum (IGF).

The Unidad Popular and the Pinochet Dictatorship covers the current political conflict facing the Chilean government of this century. The analysis of the Allende government examines the macroeconomic policies and structural reforms and its results; the questioning of property rights constituted a key issue of conflict. The analysis of the Pinochet government starts with a review of Chilean democracy breakdown. Then it examines the success, failure, and final success of economic structural reforms. The book ends with a discussion of the legacies of both governments. In the historical Chilean memory of the century, human rights violations will occupy a special place.

In order to be able to protect human rights, it is first necessary to see the denial of those rights. Aside from experiencing human rights violations directly, either as a victim or as an eyewitness, more than any other medium film is able to bring us closer to this aspect of the human experience. Yet, notwithstanding its importance to human rights, film has received virtually no scholarly attention and thus one of the primary goals of this book is to begin to fill this gap. From an historical perspective, human rights were not at all self-evident by reason alone, but had to gain standing through an appeal to human emotions found in novels as well as in works of moral philosophy and legal theory. Although literature continues to play an important role in the human rights project, film is able to take us that much further, by universalizing the particular experience of others different from ourselves, the viewers. "Watching Human Rights" analyzes more than 100 of the finest human rights films ever made documentaries, feature films, faux documentaries, animations, and even cartoons. It will introduce the reader to a wealth of films that might otherwise remain unknown, but it also shows the human rights themes in films that all of us are familiar with.Features of the text: "

This powerful reference explores the processes and practices of family systems therapy as conducted in humanitarian situations across the globe. It follows the editors' previous volume Family Therapy in Global Humanitarian Contexts: Voices and Issues from the Field in defining systemic therapy as multidisciplinary, portable, and universal, regardless of how far from traditional clinical settings it is applied. Chapters from diverse locales document remarkable examples of courage and resilience on the part of therapists as well as clients in the face of war, unjust policies, extreme inequities, and natural disasters. Contributors describe choosing and implementing interventions to fit both complex immediate challenges and their local contexts as they work to provide systemic family and public mental health services, including: Assisting families of missing persons in Cyprus Emergency counseling after a Florida school shooting Therapeutic metaphors in a Lebanese refugee camp Sessions with separated family members on the U.S./Mexico border Addressing healthcare disparities in the Caribbean Training family therapists in Sri Lanka Family and community support during the Ebola epidemic in Guinea Providing systemically oriented therapy and supervision in high-conflict countries Risk assessment using emerging media in Chilean communities Family Systems and Global Humanitarian Mental Health: Approaches in the Field is a valuable resource for professionals in both the global North and South, including family therapists, psychologists, psychiatrists, nurses and public health professionals, and mental health and psychosocial support providers working in humanitarian settings.

This volume is a group of essays published in memory of David Thomasma, one of the leading humanists in the field of bioethics during the twentieth century. A pioneer in the field of multidisciplinary research, having integrated major theological and philosophical traditions in the west with modern science, Thomasma was a role model to the authors who have devoted essays to his major avenues of inquiry. The authors represent many different countries and disciplines throughout the globe. The volume deals with the pressing issue of how to ground a universal bioethics in the context of the conflicted world of combative cultures and perspectives.

Civil Rights and Beyond examines the dynamic relationships between African American and Latino/a activists in the United States from the 1930s to the present day. Building on recent scholarship that explores black-Latino/a relations in the United States, this book pushes the timeframe for the study of interactions between blacks and a variety of Latino/a groups beyond the standard chronology of the civil rights era. As such, the book merges a host of community histories-each with their own distinct historical experiences and activisms-to explore group dynamics, differing strategies and activist moments, and the broader quests of these communities for rights and social justice. This book is framed around the concept of "activism," which most fully encompasses the relationships that blacks and Latinos have enjoyed throughout the twentieth century. Wide ranging and pioneering, Civil Rights and Beyond explores black and Latino/a activism from California to Florida, Chicago to Bakersfield-and a host of other communities and cities-to demonstrate the complicated nature of African American-Latino/a activism in the twentieth-century United States.

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.

Human rights in relation to sexual orientation and gender identity are at last reaching the heart of global debates. Yet 78 states worldwide continue to criminalise same-sex sexual behaviour, and due to the legal legacies of the British Empire, 42 of these - more than half - are in The Commonwealth of Nations. In recent years many states have seen the emergence of new sexual nationalisms, leading to increased enforcement of colonial sodomy laws against men, new criminalisations of sex between women and discrimination against transgender people. Human Rights, Sexual Orientation and Gender Identity in the Commonwealth: Struggles for Decriminalisation and Change challenges these developments as the first book to focus on experiences of lesbian, gay, bisexual, transgender and intersex (LGBTI) and all non-heterosexual people in the Commonwealth. The volume offers the most internationally extensive analysis to date of the global struggle for decriminalisation of same-sex sexual behaviour and relationships.

Within criminology 'the state' is often ignored as an active participant, or represented as a neutral force. While state crime studies have proliferated, criminologists have not paid attention to the history and impact of resistance to state crime. This book recognises that crimes of the state are far more serious and harmful than crimes committed by individuals, and considers how such crimes may be contested, prevented, challenged or stopped. Gathering together key scholars from the UK, USA, Asia, Australia and New Zealand, this book offers a deepened understanding of state crime through the practical and analytical lens of resistance. This book focuses on crimes ranging from gross violations of human rights (such as genocide, war crimes, mass killings, summary executions, torture, harsh detention and rape during war), to entrenched discrimination, unjust social policies, border controls, corruption, fraud, resource plunder and the failure to provide the regulatory environment and principled leadership necessary to deal with global warming. As the first to focus on state crime and resistance, this collection inspires new questions as it maps the contours of previously unexplored territory. It is aimed at students and academics researching state crimes, resistance, human rights and social movements. It is also essential reading for all those interested in joining the struggles to champion ways of living that value humanity and justice over power.

Adopting a people-centred perspective to globalization, the authors explore complex, counterintuitive and even unintended forms and consequences of bottom-up politics, going beyond simplistic understandings of ordinary people as either victims or beneficiaries of globalization.

Two conventional wisdoms dominate debates about why women's rights advance in some places but not others. While culture and religion are understood to be the primary barriers to gender equality, efforts by international institutions and women's groups to change social norms are often seen as the most effective way to reduce discrimination. This book introduces a third, often overlooked explanation - the core rights framework - to account for how, where, and why women's rights advance. It argues that female labor force participation and education serve as building blocks, or core rights, for the advancement of other women's rights. Cultivating core rights is believed to spur group consciousness, ease collective action problems, and render women in a politically relevant group, thereby increasing the prospects that women's rights are represented in the polity. In examining the advancement of women's rights across four major areas - political, nationality, reproductive, and property rights - this book shows that the conventional wisdom about the role of international norms and culture is usually overstated and often incomplete. It also presents systematic evidence evaluating the effectiveness of different prescriptions for improving women's lives across a broad range of rights.

This book examines how national security strategies relate to an emerging common European or global vision of security, and to human security ideas.

Human security and national security are often regarded as competing and mutually antagonistic; the former was proposed and has been operationalised in ways which represent a paradigm shift away from state-centric approaches and the dominance of national-security perspectives. This has led to human security being associated with a broadening of the security agenda to encompass not only physical security, the use of force and military capabilities, but also the provision of material well-being and dignity to vulnerable communities.

This edited volume seeks to identify key concepts and themes in the national discourse of several European countries, addressing security at a meta-narrative and conceptual level, illustrating the changes taking place in approaches to security, and in particular, mapping moves away from a paradigm of national security to one which might be called human security . It also enables an assessment of whether national security is currently converging at either European or global levels.

This book will be of much interest to students of human security, European politics, discourse analysis, war and conflict studies, and IR/security studies in general.