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.

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.

Human security has been advanced as an alternative to traditional state-based conceptualizations of security, yet controversies about the use and abuse of the concept remain. Investigating innovations in the advancement of the human security agenda over the past decade, this book identifies themes and processes around which consensus for future policy action might be built. It considers the ongoing debates regarding the human security agenda, explores prospects and projects for the advancement of human security, addresses issues of human security as emerging forms of new multilateralisms and examines claims that human security is being undermined by US unilateralisms. This comprehensive volume explores the theoretical debate surrounding human security and details the implications for practical application. It will prove ideal for students of international relations, security studies and development studies.

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.

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.

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.

This key collection brings together a selection of papers commissioned and published by the Cardiff Centre for Ethics, Law & Society. It incorporates contributions from a group of international experts along with a selection of short opinion pieces written in response to specific ethical issues. The collection addresses issues arising in biomedical and medical ethics ranging from assisted reproductive technologies to the role of clinical ethics committees. It examines broader societal issues with particular emphasis on sustainability and the environment and also focuses on issues of human rights in current global contexts. The contributors collect responses to issues arising from high profile cases such as the legitimacy of war in Iraq to physician-related suicide. The volume will provide a valuable resource for practitioners and academics with an interest in ethics across a range of disciplines.

- 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.

Violence against women and girls (VAWG) is a longstanding problem that has increasingly come to the forefront of international and national policy debates and news: from the US reauthorization of the Violence against Women Act and a United Nations declaration to end sexual violence in war, to coverage of gang rapes in India, cyberstalking and "revenge porn", honor killings, female genital mutilation, and international trafficking. Yet, while we frequently read or learn about particular experiences or incidents of VAWG, we are often unaware of the full picture. Jacqui True, an internationally renowned scholar of globalization and gender, provides an expansive frame for understanding VAWG in this book. Among the questions she addresses include: What are we talking about when we discuss VAWG? What kinds of violence does it encompass? Who does it affect most and why? What are the risk factors for victims and perpetrators? Does VAWG occur at the same level in all societies? Are there cultural explanations for it? What types of legal redress do victims have? How reliable are the statistics that we have? Are men and boys victims of gender-based violence? What is the role of the media in exacerbating VAWG? And, what sorts of policy and advocacy routes exist to end VAWG? This volume addresses the current state of knowledge and research on these questions. True surveys our best understanding of the causes and consequences of violence against women in the home, local community, workplace, public, and transnationally. In so doing, she brings together multidisciplinary perspectives on the problem of violence against women and girls, and sets out the most promising policy and advocacy frameworks to end this violence.

The body is a source of pleasure and of pain, at once hopelessly vulnerable and radiant with power. At a moment in which basic rights are once again imperilled, Olivia Laing conducts an ambitious investigation into the body and its discontents, using the life of the renegade psychoanalyst Wilhelm Reich to chart a daring course through the long struggle for bodily freedom, from gay rights and sexual liberation to feminism and the civil rights movement.

Drawing on her own experiences in protest and alternative medicine, and travelling from Weimar Berlin to the prisons of McCarthy-era America, she grapples with some of the most significant and complicated figures of the past century, among them Nina Simone, Christopher Isherwood, Andrea Dworkin, Sigmund Freud, Susan Sontag and Malcolm X.

Despite its many burdens, the body remains a source of power, even in an era as technologized and automated as our own. Everybody is an examination of the forces arranged against freedom and a celebration of how ordinary human bodies can resist oppression and reshape the world.

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.

Based on original empirical research, this book explores retributive and gender justice, the potentials and limits of agency, and the correlation of transitional justice and social change through case studies of current dynamics in post-violence countries such Rwanda, South Africa, Cambodia, East Timor, Columbia, Chile and Germany.

There is a big hole in the history of the LGBT movement in Britain. Each step towards equality for LGBT people, every positive move in public opinion, was the result of campaigning. But while individuals and lobby groups loudly promote their role in the victories, one major player has been written out of this history: the unions. This book fills the gap. From the first strike action organised by trade union members to save the job of a victimised gay colleague in the 1970s, through the mutual solidarity of Lesbians and Gays Support the Miners, to the Trades Union Congress taking the initiative to save London Pride in 2012, and much more, trade unions have contributed immensely to the successes achieved, all the while protecting jobs and securing equality for thousands of LGBT working people. Peter Purton was the TUC's first LGBT officer. His book, of interest to everyone interested in equality and trade union history, reveals how LGBT trade union members organised to win recognition, then support, and how trade unions supported the struggles of LGBT communities in Britain and across the world. This is an inspiring tale, and in the dangerous world of the twenty-first century, it is a warning call to the LGBT community and those supporting it, to wake up to new threats, to remember how past victories were achieved. The labour movement has much potential as an active participant in the unfinished fight for equality, but this book shows the need for mutual engagement to make change possible.

Rapid changes in medical care and in society's attitudes about death have made the right-to-die debate a timely topic, but its roots can be traced back to the founding of this country. High school and college students can explore the history of this debate through this unique collection of primary documents. Government reports, court cases, statements from religious groups, and many other contributions provide a thorough examination of the arguments for and against allowing people to make their own decisions about how and when they die. An explanatory introduction precedes each document to aid the user in understanding the various arguments that have been put forth in this debate, encouraging consideration of all sides when drawing conclusions.

Such issues as attitudes toward death, mercy killings, euthanasia, the development of living wills, and advance directives are explored in detail and are traced back to their early roots. Each of the volume's six parts examines a different subject within the debate and provides records ranging from the high profile court cases of Karen Quinlan and Nancy Cruzan to samples of living wills to a statement from Pope Pius II. Zucker presents the reader with a variety of ideas from many different people, including doctors, patients, religious leaders, and government officials, and presents a broad range of perspectives that will be a welcome resource for students wishing to explore this highly emotional topic from as many different angles as possible.

James Leatt was nine when the Nationalist Party came to power, and eleven when he saw a documentary of the Allied forces liberating Nazi death camps. For most of his life the shadows of apartheid and the Holocaust have dogged his beliefs about faith, the meaning of life and the moral challenges humankind faces.

Conjectures is a philosophical reflection on his life and times as he grapples with the realities of parish work in black communities, teaching ethics in a business school under apartheid, managing a university in the dying days of the Nationalist regime, and eventually working in higher education in post-apartheid South Africa.

Weaving strands of his personal life with the questions of theodicy and modernity as well as drawing upon the Western philosophical tradition and the wisdom of East Asian traditions such as Taoism and Buddhism, he comes to terms with a disenchanted reality which has no need for supernatural or magical thought and practice.

He has learned to live with questions. If you no longer believe in God and a sacred text, what are your sources of meaning? What kind of moral GPS allows you to find your way? Is what might be called a secular spirituality even possible?

Conjectures traces the author’s search for a secular way of being that is meaningful, mindful and reverent.

This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface.
Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed. Secondly, it reveals that of such principles those of greatest weight were associated with matters of sexuality: in particular, for centuries, family law was formulated and applied with regard for the sanctity of the heterosexual marital family which provided the only legally permissible context for any form of sexual relationship. Thirdly, given that history, it identifies and assesses the particular implications that now arise for the Church as a consequence of recent charity law reform outcomes and human rights case law developments: a comparative analysis of religion related case law is provided. Finally, following an outline of the structure and organizational functions of the Church, a detailed analysis is undertaken of its success in engaging with these issues in the context of the Lambeth Conferences, the wider Anglican Communion and in the ill-fated Covenant initiative.From the perspective of the dilemmas currently challenging the moral authority of the Church of England, this book identifies and explores the contemporary moral imperatives or red line issues that now threaten the coherence of Christian religions in most leading common law nations. Gay marriage and abortion are among the host of morally charged and deeply divisive topics demanding a reasoned response and leadership from religious bodies. Attention is given to the judicial interpretation and evaluation of these and other issues that now undermine the traditional role of the Church of England. As the interface between religion, charity law and human rights becomes steadily more fractious, with religious fundamentalism and discrimination acquiring a higher profile, there is now a pressing need for a more balanced relationship between those with and those without religious beliefs.
This book will be an invaluable aid in starting the process of achieving a triangulated relationship between the principles of canon law, charity law and human rights law.
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Examines the evolution of black nationalist thought from its earliest proto-nationalistic phase in the 1700s to the Garvey movement in the 1920s Recent years have seen a resurgence of interest in modern black nationalist leaders such as Stokely Carmichael and Malcolm X. But what of the ideological precursors to these modern leaders, the writers, and leaders from whose intellectual legacy modern black nationalism emerged? Wilson Jeramiah Moses, whom the Village Voice called one of the foremost historians of black nationalism, has here collected the most influential speeches, articles, and letters that inform the intellectual underpinnings of contemporary black nationalism, returning our focus to black nationalism at its inception. The goal of early black nationalists was the return of the African-American population to Africa to create a sovereign nation-state and to formulate an ideological basis for a concept of national culture. Most early black nationalists believed that this return was directed by the hand of God. Moses examines the evolution of black nationalist thought through several phases, from its proto-nationalisic phase in the late 1700s through a hiatus in the 1830s, through its flourishing in the 1850s, its eventual eclipse in the 1870s, and its resurgence in the Garvey movement of the 1920s. Moses provides us with documents that illustrate the motivations of both whites and blacks as they sought the removal of the black population. We hear from Thomas Jefferson, who held that it was self-evident that black and white populations could not intermingle on an equal basis or merge to form one happy society, and who toyed with the idea of a mass deportation of the black American population. We see that the profit motive is an important motive behind any nationalist movement in the letters between African American capitalists Paul Cuffe and James Forten. Among the more difficult selections to classify in this collection, Robert Alexander Young's Ethiopian Manifesto prophesied the coming of a prophetic liberator of the African race. The Christian nature of nineteenth century black nationalism is evident in Blyden's The Call of Providence. Moses rounds out the volume with contributions from more well- known voices such as those of Marcus Garvey, W.E.B. Dubois, and others. Classical Black Nationalism will serve as a point of departure for anyone interested in gaining a foundational knowledge of the disparate voices behind this often discussed but seldom understood movement.

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.

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.

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 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.

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.

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.

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.