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Books > Social sciences > Politics & government > Political control & freedoms > Human rights > General
Since the early 1990s, the European Union has included human rights conditionality clauses in its association agreements and other international trade and cooperation agreements. The purpose of these clauses is to entitle a party to take appropriate measures, including suspension of the agreement, in the event that the other party violates human rights or democratic principles. This book provides an account of the evolution of these clauses, their scope and their operation, and analyses the EU's responsibility, under international law, to implement these clauses domestically. Based on this examination, the book explores the extent to which the EU has the legislative competence to include such clauses in its international agreements, and concludes by considering the implications of ultra vires agreements in EU law. This study offers theoretical insights into aspects of international law as well as EU constitutional and external relations law. Its practical conclusions have major implications not only for the application of human rights clauses, but also for the EU's international treaty practice more generally. Dr Lorand Bartels brings his expertise in international law to this engaging discussion of the EU's use of human rights conditionality in its international agreements.
This book offers a new perspective on international law, which was, for centuries, male-dominant and gender-blind. However, this gender blindness has led to many injustices, the failure to recognize certain rights, and to impunity for serious crimes. The book examines the development of gender perspectives in various branches of international law, while also discussing and explaining certain universal standards. However, particular attention is paid to the European human rights system. Accordingly, the book provides detailed explanations of the EU's external policies in relation to sex, sexual orientation, and gender identity. Also, there is a special focus on the relevant jurisprudence of the European Court of Human Rights in relation to gender and sexual orientation, female reproduction, and sexuality. The authors explain not only the importance of an adequate legal framework for combating gender inequality but also the detrimental effects of deeply rooted gender stereotypes and prejudices. Subsequently, the development of particular branches is presented, such as a gender-sensitive approach to the prevention of war crimes, gender perspectives in refugee law, and the evolution of gender-sensitive environmental law. In addition, the problematic situation of discrimination in the workplace is addressed from various perspectives. Many discussions, especially among EU member states, are reserved for the issue of women's participation in managerial boards, while the growing awareness of gender equality in international trade agreements represents another interesting topic. Lastly, the book offers a historical perspective on the development of international law in the interwar period, with a particular focus on the situation in Yugoslavia. The book critically reconsiders the dominant molds of legal knowledge and presents innovative gender-sensitive and gender-competent insights on a variety of issues in international law, in order to introduce readers to new research topics relevant to gender equality and to stimulate the development of an international legal and institutional framework for achieving greater gender equality in practice. The collection of essays presented here will be of interest to all those working in the field of international law, as well as students and academics looking to broaden and deepen their research on a range of issues in international law from gender perspectives.
This volume, from the Policy Studies Organization, examines the role of presidential leadership in the development and implementation of civil rights policy in the United States. Covering a broad time period, the work takes a social scientific approach to the understanding of civil rights, utilizing both quantitative and archival research. The editors attempt to place and analyze civil rights in context--as a policy arena representative of broader presidential leadership concerns--and look at the development of civil rights policy since Brown v. Board of Education from the perspectives of (1) the public, (2) government institutions, and (3) particular policy arenas.
This anthology of literary and dramatic works introduces writers from across Asia and the Asian diaspora. The landscapes and time periods it describes are rich and varied: a fishing village on the Padma River in Bangladesh in the early twentieth century, the slums of prewar Tokyo, Indonesia during the anti-leftist purge of the 1960s, and contemporary Tibet. Even more varied are the voices these works bring to life, which serve as testimony to the lives of those adversely impacted by poverty, rapid social change, political suppression, and armed conflict. In the end, the works in this anthology convey an attitude of spiritual and communal survival and even of hope. This anthology presents the complex dynamic between a diversity of Asian lives and the universalized concept of the individual "human" entitled to clearly specified "rights." It also asks us to think about what standards of analysis we should employ when considering a historical period in which universal human rights and civil liberties are considered secondary to the collective good, as has so often been the case when nation states are undergoing revolutionary change, waging war, or championing so-called Asian values. This book's use of the term Global Asia reflects an interest in rethinking "Asia" as more than an area determined by national borders and geography. Rather, this book portrays it as a space of movement and fluidity, where societies and individuals respond not only to their local frames of reference, but also to broader ideas and ideals. Many of the works anthologized here are the subject of scholarly analysis in the companion volume Human Rights and the Arts: Perspectives on Global Asia, also published by Lexington Books.
Guardian's Best Paperback of the Month ONE OF THE GUARDIAN'S and FINANCIAL TIMES' BOOKS OF 2020 'In intimate, often tender prose, Gevisser brings to life the complex movement for queer civil rights and the many people on whom it bears.' Colm Toibin, Guardian 'Powerful... meticulously researched' Andrew McMillan, Observer Book of the Week Six years in the making, The Pink Line follows protagonists from nine countries all over the globe to tell the story of how LGBTQ+ Rights became one of the world's new human rights frontiers in the second decade of the twenty-first century. From refugees in South Africa to activists in Egypt, transgender women in Russia and transitioning teens in the American Mid-West, The Pink Line folds intimate and deeply affecting stories of individuals, families and communities into a definitive account of how the world has changed, so dramatically, in just a decade. And in doing so he reveals a troubling new equation that has come in to play: while same-sex marriage and gender transition are now celebrated in some parts of the world, laws to criminalise homosexuality and gender non-conformity have been strengthened in others. In a work of great scope and wonderful storytelling, this is the groundbreaking, definitive account of how issues of sexuality and gender identity divide and unite the world today.
A collection of United Nations documents associated with the drafting of the Universal Declaration of Human Rights, these volumes facilitate research into the scope of, meaning of and intent behind the instrument's provisions. It permits an examination of the various drafts of what became the thirty articles of the Declaration, including one of the earliest documents - a compilation of human rights provisions from national constitutions, organised thematically. The documents are organised chronologically and thorough thematic indexing facilitates research into the origins of specific rights and norms. It is also annotated in order to provide information relating to names, places, events and concepts that might have been familiar in the late 1940s but are today more obscure.
This edited book by Mills and Karp brings together political, legal and moral perspectives on the responsibilities of human rights protection in world politics today. It critiques a narrow focus on states' 'violations' of human rights, incorporates non-state actors, and looks beyond the 'Responsibility to Protect' policy framework.
The Internet is having an increasing influence on our lives, but what implications does it hold for human rights? How can it be used to promote and protect them? This book, written by an accomplished group of activists, writers, and academics, describes the development and use of the Internet for human rights, examines its impact across the world and upon various sectors of society, and discusses current and future trends in human rights promotion and protection.
- Integrates broad and comprehensive coverage of human rights and social justice challenges for vulnerable and marginalized populations, including refugees and migrants; persons involved in the criminal justice system; older adults; and groups facing oppression because of their race, culture, ethnicity, sexuality, and/or religion. - Leading scholarly experts in their respected areas (e.g., health and mental health; economic justice; etc.) draw valuable connections between theory and practice and provide case studies to illustrate how concepts apply and appear in real-life settings. - Develops an integrated social justice/human rights theoretical model that can be applied across methods, populations, and fields of practice.
Focusing on world regions where human rights abuses are the most serious, extensive and sustained; this book fills a crucial gap in our knowledge of the difficulties and promise of promoting human rights in our global age.
This book evaluates the experience of official torture of France in Algeria, as well as recently, the United States since 9/11, Israel against Palestinians, and Argentina during its "Dirty War" from 1972 to 1983. While evaluating what information was gained from torture, the book also shows the costs of undertaking this approach to interrogating suspected terrorists. Reaping What You Sow: A Comparative Examination of Torture in France, Argentina, Israel, and the United States presents a new angle in the study of this controversial practice by studying how these countries attempt to account for these secret practices and reform future interrogations against this universal crime. It also analyzes the costs of torture, whether in terms of intelligence gaffes or alienating potential supporters and enemies alike, creating strategic dilemmas in the war on terrorism. Adopting a comparative approach, the book studies questions like: What is the harm (or benefit) to the state once the torture becomes known? What are the political and strategic ramifications? Does torture help win wars? Can the use of torture bring about any lasting or beneficial reforms? These are daring questions seldom pondered. In asking them, this book will help to foster a discussion that is long overdue. The author concludes that ex-authoritarian regimes like Argentina's junta and France's colony in Algeria have reduced torture more than democracies. These authoritarian regimes collapsed, and new democratic regimes ultimately discredited their predecessors' torture. Despite many zigzags in amnesty, Argentina was more scandalized by torture of its citizens and improved more than France because the latter's subsequent, Fifth Republic regime was more similar to the Fourth, protecting many torturers with a permanent amnesty. Continuous democracies like the United States and Israel have only reduced their worst torture, while "torture lite" continues without accountability. The same elected officials and security agency personnel and prerogatives have largely remained without any legal discipline for their past, secret, criminal practices. The United States and Israel continue to innovate, hide, and resume torture with discretion because the various new, legislative, judicial, and executive checks and balances amount to wishful legal statements. Democracies need permanent accountability mechanisms to assure that security services abolish torture in practice. Otherwise, torture will continue to generate more terrorists without generating information that is consistently reliable.
A unique collection of essays that deal with the intriguing and complex problems connected to the question of Jewish identity in the contemporary world. Concerning the problem of identity formation, this book addresses very important issues: What is the content or meaning of Jewish identity? What has replaced religion in defining the content of Jewishness? How do people in different age groups construct their Jewish identity? In most cases, the authors have combined a variety of research methods: they drew samples or relied on the sample surveys of others; used personal interviews with respondents who are especially knowledgeable about their own Jewish communities, or based their research on participant observation of particular communities or communal institutions.
What is more paradoxically democratic than a people exercising their vote against the harbingers of the rule of law and democracy? What happens when the will of the people and the rule of law are at odds? Some commentators note that the presence of illiberal political movements in the public arena of many Western countries demonstrates that their democracy is so inclusive and alive that it comprehends and countenances even undemocratic forces and political agendas. But what if, on the contrary, these were the signs of the deconsolidation of democracy instead of its good health? What if democratically elected regimes were to ignore constitutional principles representing the rule of law and the limits of their power? With contributions from judges and scholars from different backgrounds and nationalities this book explores the framework in which this tension currently takes place in several Western countries by focusing on four key themes: - The Rule of Law: presenting a historical and theoretical reconstruction of the evolution of the Rule of Law; - The People: dealing with a set of problems around the notion of 'people' and the forces claiming to represent their voice; - Democracy and its enemies: tackling a variety of phenomena impacting on the traditional democratic balance of powers and institutional order; - Elected and Non-Elected: focusing on the juxtaposition between judges (and, more generally, non-representative bodies) and the people's representation.
Between 1937 and 1949, Joseph Stalin deported more than two million people of 13 nationalities from their homelands to remote areas of the U.S.S.R. His regime perfected the crime of ethnic cleansing as an adjunct to its security policy during those decades. Based upon material recently released from Soviet archives, this study describes the mass deportation of these minorities, their conditions in exile, and their eventual release. It includes a large amount of statistical data on the number of people deported; deaths and births in exile; and the role of the exiles in developing the economy of remote areas of the Soviet Union. The first wholesale deportation involved the Soviet Koreans, relocated to Kazakhstan and Uzbekistan to prevent them from assisting Japanese spies and saboteurs. The success of this operation led the secret police to adopt, as standard procedure, the deportation of whole ethnic groups suspected of disloyalty to the Soviet state. In 1941, the policy affected Soviet Finns and Germans; in 1943, the Karachays and Kalmyks were forcibly relocated; in 1944, the massive deportation affected the Chechens, Ingush, Balkars, Crimean Tatars, Crimean Greeks, Meskhetian Turks, Kurds, and Khemshils; and finally, the Black Sea Greeks were moved in 1949 and 1950.
The last decade has witnessed an increased criticism against the human rights paradigm for its obsession with the 'culture of claims and rights.' According to the critics, this culture has led to an obsession with the rights of individuals at the expense of due attention to groups and to communities worldwide, resulting in the neglect of responsibilities and duties. It is also argued that there should be a shift from the Western emphasis on the rights for individuals to more attention to the responsibilities of individuals and collectivities as present in other cultures of the world. Several documents have been drafted to this effect. These discussions, and the ensuing documents, are far from only theoretical or abstract. They bear consequences in everyday life as evidenced in a number of areas, such as globalization, terrorism, multiculturalism, etc. This book examines this important human rights debate.
Since its introduction in the late 1980s, DNA analysis has revolutionized the forensic sciences: it has helped to convict the guilty, exonerate the wrongfully convicted, identify victims of mass atrocities, and reunite families whose members have been separated by war and repressive regimes. Yet, many of the scientific, legal, societal, and ethical concepts that underpin forensic DNA analysis remain poorly understood, and their application often controversial. Told by over twenty experts in genetics, law, and social science, Silent Witness relates the history and development of modern DNA forensics and its application in both the courtroom and humanitarian settings. Across three thematic sections, Silent Witness tracks the scientific advances in DNA analysis and how these developments have affected criminal and social justice, whether through the arrests of new suspects, as in the case of the Golden State Killer, or through the ability to identify victims of war, terrorism, and human rights abuses, as in the cases of the disappeared in Argentina and the former Yugoslavia and those who perished during the 9/11 attacks. By providing a critical inquiry into modern forensic DNA science, Silent Witness underscores the need to balance the benefits of using forensic genetics to solve crime with the democratic right to safeguard against privacy invasion and unwarranted government scrutiny, and raises the question of what it means to be an autonomous individual in a world where the most personal elements of one's identity are now publicly accessible.
The author re-examines the concept of equality in international society, past and present. The view that equality necessarily flows from sovereignty is considered a contingent rather than a necessary contention. A new framework for equality in international society is sketched out emphasising the normative strength of the principle of equality.
This ground-breaking collection examines the erosion of the legal boundaries traditionally dividing civil detention from criminal punishment. The contributors empirically demonstrate how the mentally ill, non-citizen immigrants, and enemy combatants are treated like criminals in Canada, the United Kingdom and the United States.
This book uses the concept of universal human rights to explore the relationship between the individual, society, and truth. The Universal Declaration of Human Rights was meant to provide a moral standard for judging the state's treatment of the individual, but some still contend that the principles expressed therein are not universal, but culturally relative. To answer the question of whether we can say something universally true about human beings while lacking the philosophical means to do so coherently, the author explores the changing relationship between truth and politics from Plato to Locke.
Intergroup relations is a contentious issue both inside and outside South Africa, where it has dominated political thinking for the past several decades, and affected the day-to-day lives of all the country's inhabitants. In recent years scholars have recognized the urgency and complexity of the problem posed by intergroup relations and responded to the challenge. This report of the Main Committee of the Human Sciences Research Council represents not merely a scientific analysis of intergroup relations in South Africa but a comprehensive interdisciplinary attempt to address all facets of the issue in a scientifically accountable way.
Based on extensive fieldwork that began in Argentina, this book asks how detained and disappeared persons inhabit the categories that international law has constructed to mark, judge, understand, and repair the horror.
From New York City's Chinatown to urban Indonesia, there are
fifty-five million ethnic Chinese living outside of China. Their
strong sense of community, along with their considerable economic
clout, makes them a compelling group with which to study immigrant
political participation. |
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