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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
This volume explores the breadth and depth of provision on minority issues within the European Union. The reluctance of the European Union, and separately some of its member states, to address new and existing dynamics of minority issues and the relative inattention to these matters raises new questions for both the EU and other actors in the field of minority rights. Specifically, the evolution of minority rights policies and institutions within the EU and the broader European context, models of governance pertaining to minorities, and the potential for conflict between governing authorities of member states and groups with whom they interact form the core of the debates presented.
In Red Internationalism, Salar Mohandesi returns to the Vietnam War to offer a new interpretation of the transnational left's most transformative years. In the 1960s, radicals mobilized ideas from the early twentieth century to reinvent a critique of imperialism that promised not only to end the war but also to overthrow the global system that made such wars possible. Focusing on encounters between French, American, and Vietnamese radicals, Mohandesi explores how their struggles did change the world, but in unexpected ways that allowed human rights to increasingly displace anti-imperialism as the dominant idiom of internationalism. When anti-imperialism collapsed in the 1970s, human rights emerged as a hegemonic alternative channeling anti-imperialism's aspirations while rejecting systemic change. Approaching human rights as neither transhistorical truth nor cynical imperialist ruse but instead as a symptom of anti-imperialism's epochal crisis, Red Internationalism dramatizes a shift that continues to affect prospects for emancipatory political change in the future.
The idea of universal human rights has been perhaps the most contentious concept of the twentieth century. Originally presented as a response to the atrocities of the past and an attempt to stifle the potential ills of the future, the concept has been under heated assault by adherents to the concept of 'cultural relativism.' The basic conflict between these two extreme perspectives lies with the degree to which either should be the primary consideration when dealing with the great diversity of peoples worldwide. While proponents of universal human rights believe that a fundamental group of human rights exist and can be applied uniformly throughout the world, cultural relativists are primarily concerned with protecting and understanding, usually in functionalist terms, the diversity of cultures worldwide. This overarching conflict is the underlying focus of Cultural Relativism in the Face of the West. Billet examines the debate between the uniform application of universal human rights and cultural relativism. In so doing, Billet outlines the foundations of both schools of thought and provides a history of their evolution. The book also examines case studies that involve either women or children and are typically viewed by the West as violations of fundamental human rights.
The 1964 Civil Rights Act confirmed the central role of the Department of Justice in the national battle against racial discrimination. Congress had established the department's Civil Rights Division in 1957 with a staff of a dozen to combat racial discrimination in voting; its current staff of 500 now prosecutes many forms of discrimination in employment, housing, education, and other areas. "In Enforcing Civil Rights," a former member of the CRD focuses on the role of that agency in combating the racial caste system in America. Brian Landsberg's overview of civil rights enforcement reveals the political realities and national priorities that shaped it; the moral, practical, and political forces that have influenced it; and the roles of the federal government, executive branch, and Attorney General in implementing it. Drawing on case law, legislative histories, Justice Department archives, and his own years of service, Landsberg provides a reflective insider's view of how the CRD has enforced civil rights. He tells how Congress broadened its mandate-from authority to sue state and local governments to jurisdiction over individuals and companies-and how the CRD weathered Washington's shifting political winds. He also conveys the challenges that came with the responsibility of enforcing legislation for an entire nation and describes the roles of law, politics, and historical forces in the CRD's setting of priorities and litigation policy. In addition, Landsberg addresses conflicts between career civil servants and political appointees, studies the consequences of its litigation positions, and considers whether the structure of enforcement should be changed. He offers some sensible recommendations for rationalizing and strengthening the federal civil rights enforcement structure. The CRD has done much to eliminate America's racial caste system, but Landsberg cautions that we must take care to ensure that it does not become a tool of narrow interests. His book provides the understanding we need to safeguard against that risk, while offering a new perspective on the civil rights movement in America.
This interdisciplinary study applies human rights theory to the problems of rural poverty in the Third World. Considering the interdependence of minimal food and health security with minimal assurance of basic freedoms, political scientist Alan G. Smith traces the linkage to the need of the food-insecure to seek "clientelistic dependencies" on better-off neighbors--relationships that often operate to restrict freedom of choice. In contrast to conventional rural development aid, which can introduce new client dependency if pursued alone, Smith stresses the need to find other forms of aid that would provide the option of assured minimal survival while avoiding the constraints imposed by dependency. Arguing for bolstering bottom-up human rights momentum, he suggests the transfer of appropriate tools into the hands of the target group. Recipients would make use of them to enhance autonomous food-crop production, thereby making client dependency a matter of choice rather than necessity. Smith illustrates the Third World predicament of food insecurity leading to infringement of rights by drawing together empirical evidence from Bangladesh, Botswana, and Tanzania. He further argues that respect for human rights involves a duty on the part of advantaged nations to address the Third World predicament with practical measures fully consistent with human rights, and for each of these three country cases, Smith recommends direct locally specific minimalist aid. His model, its practical illustration, and recommendations should be valuable to academics and students in the fields of rural sociology, anthropology, and political science--especially those focusing on human rights, poverty, and Third Worlddevelopment--as well as bureaucrats and consultants in the development aid field.
Why is it that human rights are considered inviolable norms of justice at local and global scales although the number of their violations has steadily increased in modern history? On the surface, this paradox seems to be reducible to a straightforward discrepancy between idealism and reality in humanitarian affairs, but Imagining Human Rights complicates the picture by offering interdisciplinary perspectives on the imaginary status of human rights. By that the contributors mean not merely subject to imagination, open to interpretation or far too abstract, but also formative of a social imaginary with emphatic identifications and shared values. From a variety of disciplinary perspectives, they explore critical ways of engaging in rigorous interdisciplinary conversations about the origin and language of human rights, personal dignity, redistributive justice, and international solidarity. Together, they show how and why a careful examination of the intersection between disciplinary investigations is essential for imagining human rights at large. Examples range from the legitimacy of land ownership rights and the inadequacy of human faculty to make sense of mass violence in visual representation to the stewardship of human rights promoters and the genealogy of human rights.
Did the Bush administration fundamentally harm the international human rights system through its rejection of human rights norms? This is the central question explored within US Human Rights Conduct and International Legitimacy, which analyses the practices of legitimacy between the Bush administration, states, and international organizations in cases of torture, habeas corpus, and rendition. Vincent Keating argues that despite the material power of the United States, there is little evidence that the Bush administration gravely damaged international norms on torture and habeas corpus as few nations have followed in America's footsteps, and that the Bush administration's deviation from international norms has served to reaffirm worldwide commitment to human rights.
This book examines the complex relationships between trade, human rights and the environment within natural resources law. It discusses key theories and challenges whilst exploring the concepts and approaches available to manage crucial natural resources in both developed and developing countries. Primarily aimed at undergraduates and postgraduates, it includes exercises, questions and discussion topics for courses on globalisation and /or natural resources law as well as an ample bibliography for those interested in further research. The book will therefore serve as an invaluable reference tool for academics, researchers and activists alike.
Human rights occupy a key place in international law and relations. Understanding their significance involves knowing what the current guarantees of human rights are, and how the arrangements for protecting them work. This text offers a broad survey outlining the main human rights instruments and describing how they are implemented in the United Nations, through regional institutions, in specialized agencies and elsewhere. It covers many recent developments and shows that, despite important limitations, human rights law has significant achievements and even greater potential. Substantially rewritten and updated to take into account the ending of the Cold War, this fourth edition includes such issues as the War Crimes Tribunal for the Former Yugoslavia, the convention on the Rights of the Child and the role of UN Commissioner for Human Rights. -- .
Informal Justice in Divided Societies examines the ways in which paramilitary and vigilante activity are linked with controlling community crime in both Northern Ireland and South Africa. Drawing upon original research, Colin Knox and Rachel Monaghan analyze the agents of informal justice, its victims, and why communities endorse this form of retribution. They conclude the book with a wider debate of the abuse of human rights suffered by many victims of community crime and tentatively highlight future policy implications.
The most dramatic change in American society in the last forty years has been the explosive growth of personal rights. This "Rights Revolution" is currently under attack by both mainstream conservatives and intellectual liberals as undermining traditional values of community. In replying to the critics, Samuel Walker details the history of the rise of rights in American society, from the birth of the civil rights movement to today, and provides a spirited defense of its success in actually enlarging and enriching our sense of community in the USA.
Murkin was the code name chosen by the FBI for their investigation into the assassination of Dr. Martin Luther King, Jr., in 1968. Today, 20 years after the fatal shooting of the civil rights leader, Philip H. Melanson, a renowned authority on American political assassinations, unveils his own investigation into the murder. Melanson . . . has done an exhaustively thorough job on the still-mysterious King assassination. After following Melanson's meticulous pursuit of seemingly every lead in the case--including interviews with the men whose names were used as aliases for alleged killer James Earl Ray--there can be little doubt in the reader's mind that neither of the two official versions of what happened could have been the whole truth. The first was the ever-popular notion of the lone killer: Ray. The second, propounded by a clearly inept congressional investigation a decade after the 1969 shooting, was that an ill-defined racist conspiracy was behind the assassination. What seems unarguable is that Ray, a petty criminal, could not have killed King unaided. There are too many improbabilities--the source of his carefully chosen Canadian aliases, the identity of the fat man' who brought him a letter' in Toronto during his escape, the odd setup at the rooming house from which the shot was fired. It is Melanson's thesis that there was high-level intelligence involvement, probably by the CIA, which was violently alarmed by King's anti-Vietnam stance. "Publisher's Weekly" Murkin was the code name chosen by the FBI for the investigation into the assassination of Dr. Martin Luther King, Jr., in 1968. Today, twenty years after the fatal shooting of the civil rights leader, Philip H. Melanson, a renowned authority on American political assassinations, unveils his own investigation into the murder. Through extensive interviews, research, and Freedom of Information Act requests, Melanson analyzes the official investigations, the evidence, the performance of law enforcement officials, the role of James Earl Ray, and the questions of conspiracy. Much of the data presented has never before been published. Based on his detailed investigation, Melanson offers a revisionist interpretation of the King case, demonstrating that it remains unsolved. Melanson argues persuasively that both the FBI's conclusion that Ray acted alone and the later 1978 House Select Committee on Assassinations decision that Ray was backed by a conspiracy of St. Louis-based white supremacists are not supported by the evidence. Although Melanson concludes that Ray did not, in fact, act alone, he contends that the official investigations were so flawed that the conspirators behind him are still unidentified. His own conclusions regarding the probable source of the conspiracy offer a sobering indictment of the ways in which powerful interests, left unchecked, can wreak havoc on American democratic processes.
The debate about languages of instruction in Africa and Asia involves an analysis of both the historical thrust of national government and also development aid policies. Using case studies from Tanzania, Nigeria, South Africa, Rwanda, India, Bangladesh and Malaysia, Zehlia Babaci-Wilhite argues that the colonial legacy is perpetuated when global languages are promoted in education. The use of local languages in instruction not only offers an effective means to contextualize the curriculum and improve student comprehension, but also to achieve quality education and rights in education.
The African American struggle for advancement since the late 19th century has had an enormous impact on American society in general. This examination of African American development looks at group progress in four critical areas of national life: economic, political, educational, and social. Determined to forge a new identity based upon principles of equality, African American leadership and the liberal whites who supported them have achieved many goals in their attempts to forge a new role for African Americans in the political development of the nation. Mungazi includes discussion of important watershed events and key individuals who helped to redefine our nation's history. A determined leadership contributed greatly to many victories. Such leaders sought assistance from the United States Supreme Court as one means to improve the plight of African Americans. Mungazi considers the Court's rulings on the question of race and the impact that these decisions have had on subsequent political and economic advancement. While African American advocates risked, in some cases, their very lives for their efforts, their commitment to the cause left them unwilling to compromise their basic operational principles and beliefs. Lingering racial prejudice and recent attacks on affirmative action have damaged interracial cooperation in many areas of the country; however, the struggle to reach the Promised Land continues.
This book traces the rise of contemporary populism in Western democracies, marked by the return of would-be 'strong men' politicians. It seeks to make sense of the resultant nature, origins, and consequences -as expressed, for example, in the startling rise of the social movement surrounding Trump in the US, Brexit in the UK and the remarkable spread of ideologies that express resistance to "facts," science, and expertise. Uniquely, the book shows how what began as a form of penal populism in the early 1990s transformed into a more wide ranging populist politics with the potential to undermine or even overthrow the democratic order altogether; examines the way in which the Covid-19 pandemic has impacted on these forces, arguing it threw the flailing democratic order an important lifeline, as Vladimir Putin has subsequently done with his war in Ukraine. The book argues that contemporary political populism can be seen as a wider manifestation of the earlier tropes and appeal of penal populism arising under neo-liberalism. The author traces this cross over and the roots of discontent, anxiety, anti-elites sentiment and the sense of being forgotten, that lie at the heart of populism, along with its effects in terms of climate denial, 'fake news', othering, nativism and the denigration of scientific and other forms of expertise. In a highly topical and important extension to the field the author suggests that the current covid pandemic might prove to be an 'antidote' to populism, providing the conditions in which scientific and medical expertise, truth telling, government intervention in the economy and in health policy, and social solidarity, are revalorised. Encompassing numerous subject areas and crossing many conventional disciplinary boundaries, this book will be of great interest to students and scholars of criminology and criminal justice, sociology, political science, law, and public policy.
The practice of using children to participate in conflict has become a defining characteristic of 21st century warfare and is the most recent addition to the canon of international war crimes. This text examines the development of this crime of recruiting, conscripting or using children for participation in armed conflict, from human rights principle to fully fledged war crime, prosecuted at the International Criminal Court. The background and reasons for the growing use of children in armed conflict are analysed, before discussing the origins of the crime in international humanitarian law and human rights law treaties, including the Convention on the Rights of the Child and its Optional Protocol. Specific focus is paid to the jurisprudence of the Special Court for Sierra Leone and the International Criminal Court in developing and expanding the elements of the crime, the modes of ascribing liability to perpetrators and the defences of mistake and negligence. The question of how the courts addressed issues of cultural sensitivity, notably in terms of the liability of children, is also addressed.
Those seeking social change confront the centrality of power on a daily basis. What precisely is power and how does it manifest itself? And how are radical and progressive strategies shaped by the ways in which we conceptualize it? Drawing on feminist, poststructuralist, and Marxist theory, Davina Cooper develops an innovative framework for understanding power relations in forms as diverse as reproductive technology, queer activism, municipal politics, and the regulation of lesbian reproduction. "Power in Struggle" explores the relationship between power, sexuality, and the state and ultimately provides a radical re-thinking of these concepts and their interactions. Sexual politics, Cooper posits, must recognize the sexualization of everyday life and should not be exclusively the concern of a young, educated elite, nor should sex be shuttered as a private affair. Concluding with an important and original discussion of how an ethics of empowerment can inform political strategy, Power in Struggle is a must-read for activists, scholars, and lawyers interested in understanding the role of power in the state.
Much of the freedom of expression enjoyed by civilians in the United States, and guaranteed to them by the constitution, is illegal for American military personnel. "Freedom of Expression in the American Military" addresses the issues at the root of this First Amendment dichotomy. The author examines free expression for service members as a communications issue rather than simply an issue of military traditions and necessities. The book examines court decisions involving First Amendment rights, the literature on military communication, and models that illustrate how communication works. Then the author presents and critiques the communication model used by the military to curtail the First Amendment rights of soldiers. Among the subjects covered in this volume is an interesting comparison of the First Amendment rights of civilians and soldiers who protested U.S. involvement in Vietnam. Using such examples and analysis of both communication and First Amendment literature, the author concludes that the view of military as a separate society and the validity of the rationales used to curb military speech are only weakly supported. Thus, she concludes, no compelling proof of need exists for the degree of curtailment of expression existing in the military. The final chapter offers a revised model of military communication that allows greater freedom of expression without jeopardizing the military mission.
A human rights lawyer travels to hot zones around the globe, before and after the September 11 attacks, to document abuses committed by warlords, terrorist groups, and government counterterrorism forces. Whether reporting on al Qaeda safe houses, the mechanics of the Pentagon's smartest bombs, his interviews with politicians and ordinary civilians, or his own brush with death outside Kabul, John Sifton wants to help us understand violence-what it is, and how we think and speak about it. For the human rights community, the global war on terror brought unprecedented challenges. Of special concern were the secret detention centers operated by the CIA as it expanded into a paramilitary force, and the harsh treatment of prisoners throughout Iraq and Afghanistan. In drafting legal memoranda that made domestic prosecution for these crimes impossible, Sifton argues, the United States possessed not only the detainees but the law itself. Sifton recounts his efforts to locate secret prisons and reflects on the historical development of sanctioned military or police violence-from hand-to-hand combat to the use of drones-and the likelihood that technology will soon enable completely automated killing. Sifton is equally concerned to examine what people have meant by nonviolent social change, and he asks whether pure nonviolence is ever possible. To invoke rights is to invoke the force to uphold them, he reminds us. Ultimately, advocates for human rights can only shame the world into better behavior, and their work may involve advocating the very violence they deplore.
In 1973, Hillary Rodham Clinton famously stated that "children's rights" is a slogan in search of a definition, used to bolster various arguments for peace and for specific rights, but without any coherent conception of children as political beings. In 1989, the United Nations established the basis for this definition in the Convention on the Rights of the Child (CRC), a document every nation in the world, save the United States, has ratified. Still, human rights theorists, scholars, and jurists continue to disagree as to the theoretical justification for children's human rights. In Suffer the Children, Richard P. Hiskes establishes the first substantive theoretical foundation for the human rights of children. As Hiskes argues, recognizing the rights of children fundamentally alters the meaning and usefulness of human rights in a global context. Ironically, the case for children's rights, as Hiskes argues, should be seen as the evolution, distillation, or "maturing" of human rights in general. Children's human rights will end the debate about whether groups can have rights because, globally, many rights claims today are precisely group claims, including those from children. Moreover, Hiskes provides a new critical assessment of the United Nations CRC and explores child activism for human rights worldwide-in courts, on social networks, and in public demonstrations-to show how children are already claiming their rights in ways that will fundamentally change the meaning both of rights themselves and of democratic processes. Giving children rights in a way that avoids privileging any single cultural experience of children would make rights no longer a "Western," individualistic idea, but a truly global one.
Anna Baltzer, a young Jewish American, went to the West Bank to discover the realities of daily life for Palestinians under the occupation. What she found would change her outlook on the conflict forever. She wrote this book to give voice to the stories of the people who welcomed her with open arms as their lives crumbled around them. For five months, Baltzer lived and worked with farmers, Palestinian and Israeli activists, and the families of political prisoners, traveling with them across endless checkpoints and roadblocks to reach hospitals, universities, and olive groves. Baltzer witnessed firsthand the environmental devastation brought on by expanding settlements and outposts and the destruction wrought by Israel's "Security Fence," which separates many families from each other, their communities, their land, and basic human services. What emerges from Baltzer's journal is not a sensationalist tale of suicide bombers and conspiracies, but a compelling and inspiring description of the trials of daily life under the occupation.
Perspectives on the Politics of Abortion examines the abortion issue from ethical, empirical, and legal angles and offers some rather unconventional analyses and surprising conclusions with regard to this familiar issue. One chapter argues that the emphasis on "rights" has made illegal and occasionally violent activity on the part of pro-life activists increasingly likely. Another chapter suggests that abortion is an instance of the more general right to self-defense. A chapter considers the problem of abortion from the standpoint of participants in the political process. And chapters examine the political tactics of the Roman Catholic Church and abortion rights in terms of constitutional due process. This important volume adds new voices and perspectives to the abortion debate.
Stereotypes are beliefs about groups of people. Some examples, taken from human rights case law, are the notions that 'Roma are thieves', 'women are responsible for childcare', and 'people with a mental disability are incapable of forming political opinions'. Increasingly, human rights monitoring bodies including the European and inter-American human rights courts, the Committee on the Elimination of Discrimination against Women, and the Committee on the Elimination of Racial Discrimination voice concerns about stereotyping and warn States not to enforce harmful stereotypes. Human rights bodies thus appear to be starting to realise what social psychologists discovered a long time ago: that stereotypes underlie inequality and discrimination. Despite their relevance and their legal momentum, however, stereotypes have so far received little attention from human rights law scholars. This volume is the first one to broadly analyse stereotypes as a human rights issue. The scope of the book includes different stereotyping grounds such as race, gender, and disability. Moreover, this book examines stereotyping approaches across a broad range of supranational human rights monitoring bodies, including the United Nations human rights treaty system as well as the regional systems that are most developed when it comes to addressing stereotypes: the Council of Europe and the inter-American system.
The evidentiary weight of North Korean defectors' testimony depicting crimes against humanity has drawn considerable attention from the international community in recent years. Despite the attention to North Korean human rights, what remains unexamined is the rise of the transnational advocacy network, which drew attention to the issue in the first place. Andrew Yeo and Danielle Chubb explore the 'hard case' that is North Korea and challenge existing conceptions of transnational human rights networks, how they operate, and why they provoke a response from even the most recalcitrant regimes. In this volume, leading experts and activists assemble original data from multiple language sources, including North Korean sources, and adopt a range of sophisticated methodologies to provide valuable insight into the politics, strategy, and policy objectives of North Korean human rights activism. |
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