This book argues that the international refugee regime and its 'temporary' humanitarian interventions have failed. Most refugees across the global live in 'protracted' conditions that extend from years to decades, without legal status that allows them to work and establish a home. It is contended that they become largely invisible to people based in the global North, and cease to remain fully human subjects with access to their political lives. Shifting the conversation away from the salient discourse of 'solutions' and technical fixes within state-centric international relations, the authors recover the subjectivity lost for those stuck in extended exile. The book first argues that humanitarian assistance to refugees remains vital to people's survival, even after the emergency phase is over. It then connects asylum politics in the global North with the intransigence of extended exile in the global South. By placing the urgent crises of protracted exile within a broader constellation of power relations, both historical and geographical, the authors present research and empirical findings gleaned from refugees in Iran, Kenya and Canada and from humanitarian and government workers. Each chapter reveals patterns of power circulating through the 'colonial present', Cold War legacies, and the global 'war on terror". Seeking to render legible the more quotidian struggles and livelihoods of people who find themselves defined as refugees, this book will be of great interest to international humanitarian agencies, as well as migration and refugee researchers, including scholars in refugee studies and human displacement, human security, globalization, immigration, and human rights.

Japanese society is often referred to as an example of a homogeneous culture moderated by an ethos of groupism. Yet often enough homogeneity is its own worst enemy as norms are required and enforced at the centre of power to the detriment of individual and human rights.

Political Torture in Popular Culture argues that the literary, filmic, and popular cultural representation of political torture has been one of the defining dimensions of the torture debate that has taken place in the course of the post-9/11 global war on terrorism. The book argues that cultural representations provide a vital arena in which political meaning is generated, negotiated, and contested. Adams explores whether liberal democracies can ever legitimately perpetrate torture, contrasting assertions that torture can function as a legitimate counterterrorism measure with human rights-based arguments that torture is never morally permissible. He examines the philosophical foundations of pro- and anti-torture positions, looking at their manifestations in a range of literary, filmic and popular cultural texts, and assesses the material effects of these representations. Literary novels, televisual texts, films, and critical theoretical discourse are all covered, focusing on the ways that aesthetic and textual strategies are mobilised to create specific political effects. This book is the first sustained analysis of the torture debate and the role that cultural narratives and representations play within it. It will be of great use to scholars interested in the emerging canon of post-9/11 cultural texts about torture, as well as scholars and students working in politics, history, geography, human rights, international relations, and terrorism studies, literary studies, cultural studies, and film studies.

Palestinians in Israel considers a key issue ignored by the official 'peace process' and most mainstream commentators: that of the growing Palestinian minority within Israel itself. What the Israeli right-wing calls 'the demographic problem' Ben White identifies as 'the democratic problem' which goes to the heart of the conflict. Israel defines itself not as a state of its citizens, but as a Jewish state, despite the substantial and increasing Palestinian population. White demonstrates how the consistent emphasis on privileging one ethno-religious group over another cannot be seen as compatible with democratic values and that, unless addressed, will undermine any attempts to find a lasting peace. Individual case studies are used to complement this deeply informed study into the great, unspoken contradiction of Israeli democracy. It is a pioneering contribution which will spark debate amongst all those concerned with a resolution to the Israel/Palestine conflict.

"My story starts at the very end of the journey to equal marriage rights. I stand on the shoulders of giants..."In the future, people will find it difficult to believe that until 2014, somewhere between 5 and 10 per cent of Britain's population were excluded from marriage.As Equalities Minister during the coalition government, Lynne Featherstone played a fundamental role in rectifying this. From setting the wheels in motion within government, to her experiences of the abuse with which the gay community is regularly confronted, through her rebuttals against the noise and fury of her opponents, and finally to the making of history, Lynne details the surprising twists and turns of the fight. Filled with astonishing revelations about finding allies in unexpected places and encountering resistance from unforeseen foes, Equal Ever After is an honest account of one woman's pivotal efforts during the turbulent final mile.This is real, lived history - recent history. Many of us celebrated on the day the dream became reality; many of us know people whose lives were changed by the events described here.In this inside story, Lynne reveals the emotional lows and the exhilarating highs involved in turning hard-won social acceptance into tangible legal equality.

Political Principles and Indian Sovereignty examines the connection between the well being of Indian people, the sovereignty of Indian Nations and the democratic principles on which the United States was founded. Problems faced by Native Americans in health, education and general welfare are linked to the loss of sovereignty caused by the U.S. Government.

Genocide is not only a problem of mass death, but also of how, as a relatively new idea and law, it organizes and distorts thinking about civilian destruction. Taking the normative perspective of civilian immunity from military attack, A. Dirk Moses argues that the implicit hierarchy of international criminal law, atop which sits genocide as the 'crime of crimes', blinds us to other types of humanly caused civilian death, like bombing cities, and the 'collateral damage' of missile and drone strikes. Talk of genocide, then, can function ideologically to detract from systematic violence against civilians perpetrated by governments of all types. The Problems of Genocide contends that this violence is the consequence of 'permanent security' imperatives: the striving of states, and armed groups seeking to found states, to make themselves invulnerable to threats.

Sadly, it is highly likely that psychological torture is committed by governments worldwide and yet, notwithstanding the serious moral questions that this disturbing and elusive concept raises, and research in the area so limited, there is no operational or legal definition. This pioneering new book provides the first scientific definition and instrument to measure what it means to be tortured psychologically, as well as how allegations of psychological torture can be judged. Ground in cross-disciplinary research across psychology, anthropology, ethics, philosophy, law and medicine, the book is a tour de force which analyses the legal framework in which psychological torture can exist, the harrowing effects it can have on those who have experienced it, and the motivations and identities of those who perpetrate it. Integrating the voices both of those who have experienced torture as well as those who have committed it, the book defines what we mean by psychological torture, its aims and effects, as well as the moral and ethical debates in which it operates. Finally, the book builds on the Istanbul Protocol to provide a comprehensive new framework, including practical scales, that enables us to accurately measure psychological torture for the first time. This is an important and much-needed overview and analysis of an issue that many governments have sought to sweep under the carpet. Its accessibility and range of coverage make it essential reading not only for psychologists and psychiatrists interested in this field, but also human rights organizations, lawyers and the wider international community.

Ethnic minority communities make claims for cultural rights from states in different ways depending on how governments include them in policies and practices of accommodation or assimilation. However, institutional explanations don't tell the whole story, as individuals and communities also protest, using emotionally compelling narratives about past wrongs to justify their claims for new rights protections. Democratization and Memories of Violence: Ethnic minority rights movements in Mexico, Turkey, and El Salvador examines how ethnic minority communities use memories of state and paramilitary violence to shame states into cooperating with minority cultural agendas such as the right to mother tongue education. Shaming and claiming is a social movement tactic that binds historic violence to contemporary citizenship. Combining theory with empirics, the book accounts for how democratization shapes citizen experiences of interest representation and how memorialization processes challenge state regimes of forgetting at local, state, and international levels. Democratization and Memories of Violence draws on six case studies in Mexico, Turkey, and El Salvador to show how memory-based narratives serve as emotionally salient leverage for marginalized communities to facilitate state consideration of minority rights agendas. This book will be of interest to postgraduates and researchers in comparative politics, development studies, sociology, international studies, peace and conflict studies and area studies.

Set adjacent to "victims" and "bystanders," "perpetrators" are by no means marginalized figures in human rights scholarship. Nevertheless, the extent to which the perpetrator is not only socially imagined but also sociologically constructed remains a central concern in studies of state-authorized mass violence. This interdisciplinary collection of essays builds upon such work by strategically interrogating the terms through which such a figure is read via law, society, and culture. Of particular concern to the contributors to this volume are the ways in which notions of "violation" and "culpability" are mediated through less direct, convoluted frames of corporatization, globalization, militarized humanitarianism, post-conflict truth and justice processes, and postcoloniality. The chapters variously give scrutiny to historical memory (who can voice it, when and in what registers), question legalism's dominance within human rights, and analyse the story-telling values invested in the figure of the perpetrator. Against the common tendency to view perpetrators as either monsters or puppets - driven by evil or controlled by others - the chapters in this book are united by the themes of truth's contingency and complex imaginings of perpetrators. Even as the truth that emerges from perpetrator testimony may depend on who is listening, with what attitude and in what institutional context, the book's chapters also affirm that listening to perpetrators may be every bit as productive of human rights insights as it has been to listen to survivors and witnesses. This book was previously published as a special issue of the International Journal of Human Rights.

Sadly, it is highly likely that psychological torture is committed by governments worldwide and yet, notwithstanding the serious moral questions that this disturbing and elusive concept raises, and research in the area so limited, there is no operational or legal definition. This pioneering new book provides the first scientific definition and instrument to measure what it means to be tortured psychologically, as well as how allegations of psychological torture can be judged. Ground in cross-disciplinary research across psychology, anthropology, ethics, philosophy, law and medicine, the book is a tour de force which analyses the legal framework in which psychological torture can exist, the harrowing effects it can have on those who have experienced it, and the motivations and identities of those who perpetrate it. Integrating the voices both of those who have experienced torture as well as those who have committed it, the book defines what we mean by psychological torture, its aims and effects, as well as the moral and ethical debates in which it operates. Finally, the book builds on the Istanbul Protocol to provide a comprehensive new framework, including practical scales, that enables us to accurately measure psychological torture for the first time. This is an important and much-needed overview and analysis of an issue that many governments have sought to sweep under the carpet. Its accessibility and range of coverage make it essential reading not only for psychologists and psychiatrists interested in this field, but also human rights organizations, lawyers and the wider international community.

This book presents a historical perspective on patterns of human rights abuse in Cuba, El Salvador and Nicaragua and incorporates international relations in to the traditional theories of state repression found within the social sciences.

Human Rights: A Primer breaks new ground in clarifying for undergraduates the international significance of human rights. This new edition highlights current and recent developments, using themes familiar to undergraduates. For example, Americans are increasingly aware of the growing disparities in economic well-being. It is indeed a crisis that is global and national. Because this book focuses on globalization and human rights as intertwined, readers will gain a comprehensive understanding of the role of neoliberal capitalism in undermining human rights (dignity, security, and well-being). Major works by Thomas Piketty and Joseph Stiglitz are discussed, along with recent upheavals in Greece, and the rising tide of refugees in Europe and North America. Furthermore, powerful forces that will increasingly test global solidarity and the future of the planet relate to the extent that countries and peoples cooperate in combating global warming and promoting sustainable development goals (SDGs). Key dates for both these issues occurred in the second half of 2015 - the UN Sustainable Development Summit in September and the Paris Climate Conference (COP21) in December. The significance of both conferences for human rights is discussed in this new edition.

Human Rights: A Primer breaks new ground in clarifying for undergraduates the international significance of human rights. This new edition highlights current and recent developments, using themes familiar to undergraduates. For example, Americans are increasingly aware of the growing disparities in economic well-being. It is indeed a crisis that is global and national. Because this book focuses on globalization and human rights as intertwined, readers will gain a comprehensive understanding of the role of neoliberal capitalism in undermining human rights (dignity, security, and well-being). Major works by Thomas Piketty and Joseph Stiglitz are discussed, along with recent upheavals in Greece, and the rising tide of refugees in Europe and North America. Furthermore, powerful forces that will increasingly test global solidarity and the future of the planet relate to the extent that countries and peoples cooperate in combating global warming and promoting sustainable development goals (SDGs). Key dates for both these issues occurred in the second half of 2015 - the UN Sustainable Development Summit in September and the Paris Climate Conference (COP21) in December. The significance of both conferences for human rights is discussed in this new edition.

This book explores how the notion of human identity informs the ethical goal of justice in human rights. Within the modern discourse of human rights, the issue of identity has been largely neglected. However, within this discourse lies a conceptualisation of identity that was derived from a particular liberal philosophy about the 'true nature' of the isolated, self-determining and rational individual. Rights are thus conceived as something that are owned by each independent self, and that guarantee the exercise of its autonomy. Critically engaging this subject of rights, this book considers how recent shifts in the concept of identity and, more specifically, the critical humanist notion of 'the other', provides a basis for re-imagining the foundation of contemporary human rights. Drawing on the work of Jacques Lacan and Emmanuel Levinas, an inter-subjectivity between self and other 'always already' marks human identity with an ethical openness. And, this book argues, it is in the shift away from the human self as a 'sovereign individual' that human rights have come to reflect a self-identity that is grounded in the potential of an irreducible concern for the other.

There is ample evidence about the negative effects business activity of all types can have on the provision of human rights. Equally, there can be little doubt economic development, usually driven through business activity and trade, is necessary for any state to provide the institutions and infrastructure necessary to secure and provide human rights for their citizens. The United Nations and businesses recognise this tension and are collaborating to effect change in business behaviours through voluntary initiatives such as the Global Compact and John Ruggie's Guiding Principles. Yet voluntary approaches are evidently failing to prevent human rights violations and there are few alternatives in law for affected communities to seek justice. This book seeks to robustly challenge the current status quo of business approaches to human rights in order to develop meaningful alternatives in an attempt to breech the gap between the realities of business and human rights and its discourse. This book was previously published as a special issue of the International Journal of Human Rights.

First Published in 1990. Routledge is an imprint of Taylor & Francis, an informa company.

This book offers the first scholarly analysis of the United Nations' work in the field of human rights education (HRE) and examines why HRE is so important.Paula Gerber argues that international law can learn from the medical profession, which has long recognized that 'prevention is better than cure'. There is an urgent need for HRE to be recognized as one of the best ways of preventing future human rights abuses; it is, in essence, a prophylactic for human rights violations. The book explores the provenance of human rights education in international law before critiquing the UNs work in this area across numerous different organs, including treaty committees, the Human Rights Council, General Assembly and Office of the High Commissioner for Human Rights. The author identifies a number of deficiencies in the UNs HRE activities, and makes recommendations for how the UN can more effectively promote HRE and increase states compliance with their international HRE obligations. This book provides a unique and timely insight into the workings of the UN in this vital aspect of international human rights law. Understanding Human Rights will strongly appeal to UN Bureaucrats, civil servants, human rights academics, human rights institutions and NGOs. Contents: Preface 1. Prevention is Better than Cure 2. Provenance of Human Rights Education within the UN 3. Human Rights Education and the Committee on Economic, Social and Cultural Rights 4. Human Rights Education and the Committee on the Rights of the Child 5. Human Rights Education and the Human Rights Council 6. Human Rights Education and the Economic and Social Council 7. Human Rights Education and the General Assembly 8. Human Rights Education and the Office of the High Commissioner for Human Rights 9. Recommendations Appendix A. Extracts of Selected International Documents Relating to Human Rights Education Appendix B. Bibliography Index

Sustainability and food production represent a major challenge to society, with both consumption and supply sides posing practical and ethical dilemmas. This book shows that food governance issues can occur in many ways and at many points along the food chain. The risks and impacts, particularly with the increasing globalisation of food systems, are often distributed in unequal ways. It is the role of law to form the pivot around which these issues are addressed in society in the form of food governance mechanisms. The chapters in this book address a range of issues in food governance revolving around questions of justice, fairness, equality and human rights. They identify different issues regarding inequality in access and control over food governance. Some address generic governance and institutional issues across a range of international contexts, while others present case studies, including from Argentina, China, India, Indonesia, Thailand, UK and West Africa. The book offers directions for reform of the law and legal institutions to mitigate the dangers of inequality and promote greater fairness in food governance.

This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.

The United Nations Convention on the Rights of Persons with Disabilities is the only UN treaty to date in which the people who are its target, that is disabled people, were actively involved in its drafting and the only one which requires the active participation of disabled people in its implementation. This does not, of course, automatically guarantee the direct participation of all disabled people. This is especially so for children with disabilities, whose status as legal minors may inhibit them from participating in decisions affecting their lives. This book focuses on the participation rights of the disabled child with regard to health, education, homelife and relationships, highlighting ways in which these rights are safeguarded and promoted throughout the EU, as well as exploring the factors that put these rights at risk. Finally, this groundbreaking text analyses whether disabled children's needs for assistance in order to realise their participation rights results in fewer opportunities to participate or in an increase in support in order for them to be able to do so.

Madison uses the concept of civil society and his distinctive version of 'communicative rationality' to provide a closely-argued and robust defence of the neo-liberal political and economic tradition. Writing with considerable elegance and humour, the author draws on the hermeneutical and neo-pragmatist traditions, and on a diverse range of evidence and discussion, mainly concerning transitional economies and societies in Eastern Europe and around the world. Providing a systematic analysis of the multi-faceted notion of civil society, this book shows in detail how the three main orders of civil society - the moral-cultural, the political, and the economic - constitute 'spheres of autonomy'. At the same time, it illustrates how these different orders are closely interrelated and interact in a synergetic manner. A unique feature of this study is the way in which the author demonstrates how the logic of the various orders of civil society is, in a way appropriate to the distinct nature of each order, a logic of communicative rationality. The work concludes by arguing that the only sure way of achieving international justice is by the construction of civil society world-wide.

This book examines the ever-increasing impact of technology on our lives and explores a range of legal and constitutional questions that this raises. It considers the extent to which concepts such as 'cyberspace' and 'digital rights' advance or undermine our understanding of this development and proposes a number of novel approaches to the effective protection of our rights in this rapidly evolving environment. Finally, it shows how the abuse of the adjective digital has demoted legal rights into subjective and individual claims. The work will be of particular interest to scholars of privacy, artificial intelligence and free speech, as well as policymakers and the general reader.

It is because Catholicism played such a formative role in the construction of Western legal culture that it is the focal point of this enquiry. The account of international law from its origin in the treaties of Westphalia, and located in the writing of the Grotian tradition, had lost contact with another cosmopolitan history of international law that reappeared with the growth of the early twentieth century human rights movement. The beginnings of the human rights movement, grounded in democratic sovereign power, returned to that moral vocabulary to promote the further growth of international order in the twentieth century. In recognising this technique of periodically returning to Western cosmopolitan legal culture, this book endeavours to provide a more complete account of the human rights project that factors in the contribution that cosmopolitan Catholicism made to a general theory of sovereignty, international law and human rights.

Human rights, peacekeeping, and humanitarian intervention have emerged in the past decades as important components of international law and practice. Adopting a methodology of Institutional Ethnography informed by Actor-Network Theory, this book traces the practices of law and expertise from global IGO headquarters to the 'field' and back again, and through various contemporary field missions from Bosnia to Afghanistan and East Timor to Sierra Leone. It answers several fundamental questions: How is human rights law engaged in 'establishing the peace,' 'rebuilding the nation,' and 'restoring the rule of law' in post-conflict situations? How do human rights experts use law in their everyday work in the context of humanitarian intervention? How are law and expertise established, sustained and transformed in the field? Offering a complex and nuanced explanation of humanitarian intervention based upon a multi-dimensional understanding of law and power, this book will be of interest and use to scholars, students and practitioners in international law and policy, human rights, and humanitarian intervention. Its cross-disciplinary approach should also appeal to the professional communities engaged directly and indirectly with projects of humanitarian intervention - including staff at inter-governmental organizations, international lawyers and practitioners, and activists.