The book provides an in-depth discussion of democratic theory questions in relation to refugee law. The work introduces readers to the evolution of refugee law and its core issues today, as well as central lines in the debate about democracy and migration. Bringing together these fields, the book links theoretical considerations and legal analysis. Based on its specific understanding of the refugee concept, it offers a reconstruction of refugee law as constantly confronted with the question of how to secure rights to those who have no voice in the democratic process. In this reconstruction, the book highlights, on the one hand, the need to look beyond the legal regulations for understanding the challenges and gaps in refugee protection. It is also the structural lack of political voice, the book argues, which shapes the refugee's situation. On the other hand, the book opposes a view of law as mere expression of power and points out the dynamics within the law which reflect endeavors towards mitigating exclusion. The book will be essential reading for academics and researchers working in the areas of migration and refugee law, legal theory and political theory.

This book gathers the very best academic research to date on prison regimes in Latin America and the Caribbean. Grounded in solid ethnographic work, each chapter explores the informal dynamics of prisons in diverse territories and countries of the region - Venezuela, Brazil, Bolivia, Honduras, Nicaragua, Colombia, Puerto Rico, Dominican Republic - while theorizing how day-to-day life for the incarcerated has been forged in tandem between prison facilities and the outside world. The editors and contributors to this volume ask: how have fastest-rising incarceration rates in the world affected civilians' lives in different national contexts? How do groups of prisoners form broader and more integrated 'carceral communities' across day-to-day relations of exchange and reciprocity with guards, lawyers, family, associates, and assorted neighbors? What differences exist between carceral communities from one national context to another? Last but not least, how do carceral communities, contrary to popular opinion, necessarily become a productive force for the good and welfare of incarcerated subjects, in addition to being a potential source of troubling violence and insecurity? This edited collection represents the most rigorous scholarship to date on the prison regimes of Latin America and the Caribbean, exploring the methodological value of ethnographic reflexivity inside prisons and theorizing how daily life for the incarcerated challenges preconceptions of prisoner subjectivity, so-called prison gangs, and bio-political order. Sacha Darke is Senior Lecturer in Criminology at University of Westminster, UK, Visiting Lecturer in Law at University of Sao Paulo, Brazil, and Affiliate of King's Brazil Institute, King's College London, UK. Chris Garces is Research Professor of Anthropology at Universidad San Francisco de Quito, Ecuador, and Visiting Lecturer in Law at Universidad Andina Simon Bolivar, Ecuador. Luis Duno-Gottberg is Professor at Rice University, USA. He specializes in Caribbean culture, with emphasis on race and ethnicity, politics, violence, and visual culture. Andres Antillano is Professor in Criminology at Universidad Central de Venezuela, Venezuala.

Social exclusion of minority groups is an intractable problem in many diverse nations. For some minority groups this means going to segregated schools, for others not having access to gainful employment or quality healthcare. But why does social exclusion persist, and what can one do to stop it? This book proposes a theory of how individual behavior contributes to social exclusion, a novel method for measuring that behavior, and solutions to ending it. Based on original fieldwork among Central and Eastern European Roma, the largest ethnic minority in Europe (yet still very understudied), and non-Roma, Ana Bracic develops a theory she calls the exclusion cycle, through which anti-minority culture gives rise to discrimination by members of the majority, and minority members develop survival strategies. Members of the majority resent these strategies, assuming that they are endemic to the minority group rather than an outcome of their own discriminatory behavior. To illustrate her theory, Bracic includes an analysis of a video game she created that simulates interactions between Roma and non-Roma participants, which members of these groups played through avatars (thereby avoiding contentious face-to-face interactions). The results demonstrate that majority members discriminate against minority members even when minority group members behave in ways identical to the majority. It also shows the way in which minority members develop survival mechanisms. Bracic draws on the results of the simulation to offer evidence that this cycle can be broken through NGO-promoted discussion and interaction between groups. She also draws on extant scholarship on interactions between Muslim women in France, African Americans, the Batwa in Uganda, and their respective majority communities.

This book offers a synthesis of the main achievements and pending challenges during the thirty years of transitional justice in Chile after Augusto Pinochet's dictatorship. The Chilean experience provides useful comparative perspectives for researchers, students and human rights activists engaged in transitional justice processes around the world. The first chapter explains the theoretical foundations of human rights and transitional justice. The second chapter discusses the main historical milestones in Chile's recent history which have defined the course of the process of transitional justice. The following chapters provide an overview of the key elements of transitional justice in Chile: truth, reparations, memory, justice, and guarantees of non-repetition.

There is a growing body of scholarship analysing the many international organizations, government agencies and civil society groups whose activities define the relationship between human rights and intellectual property. This timely and engaging volume illustrates the richness and diversity of this literature. It explores the wider historical and institutional context of these topics; the meaning of key international instruments; writings that clarify ambiguous legal norms; works that advocate the recognition of new legal norms; institutional and strategic issues and critical or cautionary perspectives. Including an original introduction by Professor Helfer, a leading scholar in the field, this is a must-have volume that will be of use to lawyers, judges, legal scholars and researchers interested in the areas of intellectual property and human rights and their intersection.

Why violence in the Congo has continued despite decades of international intervention Well into its third decade, the military conflict in the Democratic Republic of the Congo has been dubbed a "forever war"-a perpetual cycle of war, civil unrest, and local feuds over power and identity. Millions have died in one of the worst humanitarian calamities of our time. The War That Doesn't Say Its Name investigates the most recent phase of this conflict, asking why the peace deal of 2003-accompanied by the largest United Nations peacekeeping mission in the world and tens of billions in international aid-has failed to stop the violence. Jason Stearns argues that the fighting has become an end in itself, carried forward in substantial part through the apathy and complicity of local and international actors. Stearns shows that regardless of the suffering, there has emerged a narrow military bourgeoisie of commanders and politicians for whom the conflict is a source of survival, dignity, and profit. Foreign donors provide food and urgent health care for millions, preventing the Congolese state from collapsing, but this involvement has not yielded transformational change. Stearns gives a detailed historical account of this period, focusing on the main players-Congolese and Rwandan states and the main armed groups. He extrapolates from these dynamics to other conflicts across Africa and presents a theory of conflict that highlights the interests of the belligerents and the social structures from which they arise. Exploring how violence in the Congo has become preoccupied with its own reproduction, The War That Doesn't Say Its Name sheds light on why certain military feuds persist without resolution.

Is a strong cosmopolitan stance irretrievably arrogant? Cosmopolitanism, which affirms universal moral principles and grants no fundamental moral significance to the state, has become increasingly central to normative political theory. Yet, it has faced persistent claims that it disdains local attachments and cultures, while also seeking the neo-imperialistic imposition of Western moral views on all persons. The critique is said to apply with even greater force to institutional cosmopolitan approaches, which seek the development of global political institutions capable of promoting global aims for human rights, democracy, etc. This book works to address such objections through developing a novel theory of cosmopolitan political humility. It draws on the work of Indian constitutional architect and social activist B.R. Ambedkar, who cited universal principles of equality and rights in confronting domestic exclusions and the "arrogance" of caste. He sought to advance forms of political humility, or the recognition of equal standing, and openness to input and challenge within political institutions. This book explores how an "institutional global citizenship" approach to cosmopolitanism could similarly promote political humility globally, by supporting the development of democratic input and challenge mechanisms beyond the state. Such developments would challenge an essential political arrogance identified in the current system, where sovereign states are empowered to simply dismiss rights-based challenges from outsiders or their own populations-even as they serve as the designated guarantors of human rights. The book employs an innovative grounded normative theory method, where extensive original field research informs the development of moral claims. Insights are taken from Dalit activists reaching out to United Nations human rights bodies for support in challenging caste discrimination, and from their critics in the governing Bharatiya Janata Party. Further insights are drawn from Turkish protestors confronting a rising domestic authoritarianism, and from UK Independence Party members demanding "Brexit" from the European Union-in part because predominantly Muslim Turkey could eventually join. Overall, it is shown, an institutional global citizenship approach can inform the development of a global framework which would orient fundamentally to political humility rather than arrogance, and which could significantly advance global rights protections.

Rights have become,in recent years, a significant concern of legal theorists, as well as of those involved in moral and political philosophy. This new book seeks to move a number of debates forward by developing the analysis of rights and focusing upon more general theoretical considerations relating to rights. The book is divided into five parts. The first includes an explanation of the part played by conceptual analysis within jurisprudence, while the second conducts a re-examination of Hohfeld's analysis of rights. This part deals with the arguments advanced by a number of modern theorists including Hart, White and MacCormick. The third part contains the author's own framework for discussing rights, including examples drawn from tort, constitutional law and international law, together with an analysis of Unger's theory of rights. Part four centres on the perceived conflict between Dworkin, Rawls and Nozick as the defenders of a rights approach, and Bentham as the champion of utilitarianism and concludes that neither deals with the fundamental concerns of morality on which their theories are based. The fifth part consists of a conclusion which reflects on the key themes and considers the role of rights within general theory. For students, particularly helpful features of the book are the overt consideration of jurisprudential methodology and the opportunity to examine a number of key theorists linked by their divergent views on the subject of rights.

The main theme of this volume of the Yearbook of International Humanitarian Law is the 70th anniversary of the Geneva Conventions. The evolution of these crucial treaties and international humanitarian law more generally comes back in six chapters addressing topics such as sieges, compliance, indiscriminate attacks and non-state armed groups. The second part of the book contains a chapter on the acquittal on appeal of Jean-Pierre Bemba Gombo by the International Criminal Court on the basis of command responsibility for war crimes, as well as an extensive Year in Review describing the most important events and legal developments in the area of international humanitarian law that took place in 2019. The Yearbook of International Humanitarian Law is the world's only annual publication devoted to the study of the laws governing armed conflict. It provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

The aim of the book is to resolve the question of whether multiple sanctioning systems are contrary to the ne bis in idem under the regulation provided by Protocol 7 to the ECHR and the EU Charter of Fundamental Rights. The first part is a comparative study regarding the lawfulness of multiple sanctioning systems under the ne bis in idem, studying the evolution and the current state of the case law of the United States Supreme Court, the Canadian Supreme Court, the Spanish Constitutional Court, the European Court of Human Rights (ECtHR) and the Court of Justice of the European Union (CJEU). The second part of the book critically analyses three problems with the case law of the ECtHR and the CJEU. Part three deals with reconceptualizing the prohibition of multiple punishment and the prohibition of multiple prosecutions. Finally, the fourth part addresses other possible protections against multiple sanctioning systems. Two other safeguards that limit multiple sanctioning systems are the prohibition of disproportionate sanctions and the right to be tried within a reasonable time.

This book offers perspectives from the ground on human rights and peace in Timor-Leste. By highlighting the local voices, this book draws on their experience and expertise in engaging with questions concerning the nexus between human rights, peace and development. It posits that these concepts no longer mean absence of conflict, and argues that sustainable peace must be built from rights frameworks to protect the locals' interests in the processes. Acknowledging the lack of autonomy on local actors in peace-making contexts, the book emphasizes the urgent need to facilitate the creation of political and social structures that can support and offer contextual rights and dignity for the Timorese community.

This volume examines the protection of internally displaced persons (IDPs) through an interdisciplinary lens, with a focus on IDPs in Africa. The novelty of this book resonates from the fact that it explores national perspectives on internal displacement, with the aim of providing a well-grounded engagement on the subject of internal displacement, for which very little exists. The chapter authors are drawn from various disciplines and institutional backgrounds, and provide context-based analysis and examine the situation in countries with significant population displacement. The work is a timely engagement, as the issue of internal displacement has emerged as a pertinent concern in Africa. Each of the chapters in this book draw on significant context-based knowledge and on issues for which there is a need for pertinent attention across the African countries. This book will be a significant reference point for researchers, professors, practitioners, judges, policy makers, international organizations, regional bodies, lawyers and scholars in the field of migration, forced migration, and regional institutions.

This book identifies the definition of a child within the law, the rights of children, and discusses the extent to which primarily English law gives adequate recognition to and protection of these rights. To what extent does English law gives adequate recognition to and protection of the rights of children? Historically the idea of and protection of rights has focused on parental rights rather than the rights of the child. The rights of children have remained far less recognised and certain until recently. Using case studies from the United Kingdom and beyond, this book takes a thematic approach to children's rights and considers topics including: underlying concepts such as the welfare of the child and safeguarding, the right to education and to medical treatment, the right to freedom from abuse and/or sexual and commercial exploitation, including contemporary challenges from forced marriage, FGM, modern slavery and trafficking, the role of the State in relation to children in need of care and protection, children's rights in the criminal justice system, the right to contract and employment. In addition, the book provides an introduction to key aspects of domestic and international law, including the Children Act 1989, the UN Convention on the Rights of the Child, the European Convention on Human Rights and the Human Rights Act 1998. The book will be of great interest to law and social science students in the areas of Child Development and Protection, Human Rights Law, Family Law, Child Law, and Child Studies, as well as to social workers, police officers, magistrates, probation officers and other related professions.

"Hegel's Philosophy of Right" is a classic text in the history of Western political thought and one with which all serious students of political philosophy must engage. While it is a hugely important and exciting piece of philosophical writing, Hegel's ideas and style are notoriously difficult to understand and the content is particularly challenging. In "Hegel's Philosophy of Right: A Reader's Guide", David Rose explains the philosophical and political background against which the book was written and, taking each part of the book in turn, guides the reader to a clear understanding of the text as a whole. This is the ideal companion to study of this most influential and challenging of texts, offering guidance on philosophical and historical context; key themes; reading the text; reception and influence; and, further reading.

Explores the complex and intersecting dimensions of gender, ethnicity, and culture on women in the Global South, as well as the central roles of women in resisting colonial rule, and their foundational contributions to post-independence constitutional reform and nation building. For all the effort and attention women across the Global South receive from the international human rights community and from their own governments, human rights frameworks frequently fail to significantly improve the lives of these women or their communities. Taking Kenya as a case study, this book explores the reasons for this, emphasising the need to understand the effects of the legacy of local colonial and postcolonial histories on the production of gendered identities and power in modern Kenyan cultural and political life. Drawing on interviews with women in Nairobi and rural areas around Lake Victoria in Kenya, the author examinestheir access to, and experiences of, civil and political rights and citizenship, beginning with the colonial encounter, following these legacies into modern times, and the promulgation of the 2010 Constitution. In four thematic chapters, Kenny discusses women as victims and objects of cultural violence, the myths of the sorority of African women, women as victims of political and state violence, and women as actors in national political processes. In revealing that international human rights interventions have in fact reproduced the very patterns, structures, and hierarchies which are at the core of women's disenfranchisement and marginalization, the book provides new insights into the difficulties women face in accessing their rights and will be invaluable for scholars and NGOs working in developing states. Published in association with the British Institute in Eastern Africa.

This book addresses emerging questions concerning who should bear responsibility for shouldering risk, as well as the viability of existing and experimental governance mechanisms in connection with new technologies. Scholars from 14 jurisdictions unite their efforts in this edited collection to provide a comparative analysis of how various legal systems are tackling the challenges produced by the legal aspects of genetic testing in insurance and employment. They cover the diverse set of norms that surround this issue, and share insights into relevant international, regional and national incursions into the field. By doing so, the authors offer a basis for comparative reflection, including on whether transnational standard setting might be useful or necessary for the legal aspects of genetic testing as they relate to the insurance and employment contexts. The respective texts cover a broad range of topics, including the prevalence of genetic testing in the contexts of insurance and employment, and policy factors that might affect this prevalence, such as the design of national health or social insurance systems, of private insurance schemes or the availability of low-cost direct-to-consumer genetic testing. Further, the field of genetics is gaining in importance at the international and regional levels. Relevant concepts - mainly genetic tests and genetic data/information - have been internationally defined, and these definitions have influenced definitions adopted nationally. International law also recognizes a "special status" for human genetic data. The authors therefore also consider these definitions and the recognition of the special status of human genetic data within regional and national legal orders. They investigate the range of norms that specifically address the use of genetic testing in employment and insurance, encompassing international sources - including human rights norms - that may be binding or non-binding, as well national statutory, regulatory and soft-law mechanisms. Accordingly, some of the texts examine general frameworks relevant to genetic testing in each country, including those that stem from general anti-discrimination rules and norms protecting rights to autonomy, self-determination, confidentiality and privacy. In closing, the authors provide an overview of the efficiency of their respective legal regimes' approaches - specific and generalist - to genetic testing or disclosure of genetic information in the employment or insurance contexts, including the effect of lack of legal guidance. In this regard, some of the authors highlight the need for transnational action in the field and make recommendation for future legal developments.

Is it impossible to assess dignity, which is the faculty or agency of autonomy and equality of rights under the current rule of law, when we are met by global challenges like climate change, financial crisis, food crisis, natural disasters, inequality, violent conflicts and trade disputes? Drawing on European philosophical enlightenment to rethink dominant theories of contemporary Western Human Rights, Stephan P. Leher explores the philosophical foundation of the concept of "dignity" and Human Rights. Using specific examples from Africa and Latin America to explain these concepts as social realizations in the world, Leher demonstrates the link between justice and peace and contends that dignity, freedom and Human Rights law rule are social realizations and claims by all people. With the help of language philosophy, he argues that sentences and propositions about social choices and realizations of real life expressed in ordinary language constitute the basic elements of the foundation and protection of human dignity and Human Rights. The social choice to claim one's freedom and rights can be considered the dignity agency of the individual. Dignity and Human Rights sheds new light on the academic assessment of dignity, the agency of autonomy and the equality of rights under the rule of law, in a time of changes and challenges to Human Rights policies and politics.

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.

The UN Secretary-General, Kofi Annan, has instructed all UN specialized agencies and other affiliated organizations to consider how their work might advance the cause of human rights around the world. Many of these bodies have taken this call to heart, with a wide range of intergovernmental organizations (IGOs) trying to play a more active role in promoting human welfare. "Power and Principle" is a comparative study of how and why IGOs integrate human rights standards into their development operations. It focuses on the process of policy innovation in three UN-related IGOs: the UN Children's Fund (UNICEF,) the World Bank, and the World Health Organization (WHO). In his comprehensive analysis, Joel E. Oestreich uses case studies to demonstrate how their policies have evolved during the past two decades to reflect important human rights considerations. Drawing on interviews with dozens of staffers from IGOs, Oestreich creates a gripping narrative of the inner workings of these large bureaucracies. In each study he describes how the organization first became interested in human rights standards, how these standards were adopted as a priority, how the organization defined rights in the context of their work, and what a rights-based approach has meant in practice. The book argues that IGOs ought to be seen as capable of meaningful agency in international politics, and describes the nature of that agency. It concludes with an examination of these organizations and their ethical responsibilities as actors on the world stage.

This book explores and addresses body search practices in prison environments from different angles (criminology, sociology, human rights and law) and discusses such practices in different national contexts within Europe. Body searches are widely used in prison systems across the globe: they are perceived as indispensable to prevent forbidden substances, weapons or communication devices from entering the prison. However, these are also invasive and potentially degrading control techniques. It should not come as a surprise, then, that body searches are deeply contested security measures and that they have been widely debated and regulated. What makes theses control measures problematic in a prison context? How do these practices come to be regulated in an international and European context? How are rules translated into national law? To what extent are laws and rules respected, bent, circumvented and denied? And what does the future hold for body searches?

Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 195 countries and fourteen territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.

This book explores the role of gender in the recognition of an individual's legal capacity. It discusses the meaning of the right to legal capacity and its two core elements - legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities - for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world - including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.

The Responsibility to Protect (R2P) principle is the international community's major response to the problem of genocide and mass atrocities - a problem seen in Bosnia, Rwanda and more recently in Syria. This book argues that although it is far from perfect R2P offers the best chance we have of building an international community that works to prevent these crimes and protect vulnerable populations. To make this argument, the book sets out the logic of R2P and its key ambitions, examines some of the critiques of the principle and its implementation in situations such as Libya, and sets out ways of overcoming some of the practical problems associated with moving this principle from words into deeds.

This title provides a specialized introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Exploring the connections between existing criminological scholarship and human rights frameworks, the book helps readers to incorporate human rights paradigms into their criminological analysis.

This third edition of Human Rights: Between Idealism and Realism presents human rights in action, focusing on their effectiveness as legal tools designed to benefit human beings. By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this volume provides a multidimensional overview of human rights. After examining briefly the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy. In particular, he covers the concept of universality and the widely used model that classifies human rights into clusters of different 'generations'. In this edition, the author brings together the fundamental aspects of human rights law, addressing human dignity as the ethical foundation of human rights, the principle of equality and non-discrimination as the essence of any culture of human rights, the protections against racial discrimination and discrimination against women, and assesses the individual as a subject of international law. The volume then moves on to assess the activities of the political institutions of the United Nations, the expert bodies established by the relevant treaties, and the international tribunals specifically entrusted at the regional level with protecting human rights. This edition also includes specific analysis of the actions mandated by the UN Security Council against Libya in 2011. It also includes greater coverage of the jurisprudence of the Inter-American Court of Human Rights and the African Commission on Human and Peoples' Rights. The author explains how and why the classical array of politically inspired informal devices has been enriched by the addition of international criminal procedures and by endeavours to introduce civil suits against alleged individual violators of human rights. Finally, the volume is rounded off by a consideration of the importance of humanitarian law as an instrument for the protection of human life and dignity and an exploration of the future of human rights.