Charles Abrahams is a world-class lawyer who sued multinationals for colluding with the apartheid government, but at twelve he was determined to become a world-famous heartsurgeon. Then a school inspector shattered his dream: coloured children from the Cape Flats 'should not aim too high'. Class Action is the story of how Charles aimed high anyway, despite a childhood that included forced removal, dire poverty and the deep sense of shame of being neither white nor a 'white coloured'. As one of eleven children in a poor family, he experienced constant hardship and family strife.

Violence was ubiquitous: his street was notorious for its gang fights, his father abused his mother at home, and schoolteachers beat darker-skinned children like him. Charles wanted a larger life, and he found it through student politics, anti-apartheid activism and reading. He studied relentlessly, finding not only formidable political weapons, but a means to delve into the damage apartheid had done to his personal identity, selfesteem, sexuality and morality. He went on to qualify as a lawyer and, after defending local gangsters, he sought to do good through human-rights and class-action law. He has since spearheaded some of South Africa’s most historic, groundbreaking lawsuits, pursuing justice for ordinary citizens whose lives were ruined by powers too profit-driven to ever think about them.

Class Action depicts a remarkable journey of resistance and healing in reaction to institutionalised greed and racism and the harm it has done to our identities, our relationships and the people of our country.

The Constitution informs every aspect of our legal system and every instance of interpretation and application of that system. The Bill of Rights Handbook's detailed coverage of all aspects of Bill of Rights jurisprudence and practice has made it the standard reference work for this important area of law, and it has been extensively relied upon and quoted by the judiciary. The sixth edition of the Handbook is a comprehensive account of over two decades of jurisprudence interpreting and applying the Bill of Rights. The work has been thoroughly revised, in particular to cover developments in the areas of constitutional jurisdiction, remedies and socio-economic rights.

This is a concise and accessible introduction to fundamental rights in Europe from the perspectives of history, theory and an analysis of European jurisprudence. Taking a multidisciplinary approach, the book equips readers with the tools to understand the foundations and the functioning of this complex and multi-layered topic. Key Features: A combination of historical and philosophical approaches with analysis of significant legal cases A multidisciplinary outlook, in contrast to the strict legal approach of most textbooks on the subject A European perspective which refers throughout to central European values such as freedom, equality, solidarity and dignity A specific focus on fundamental rights, which have received less attention in the fields of legal history and theory in comparison to human rights This textbook will be an important resource for both undergraduate and postgraduate students in law, philosophy and political science. It will be particularly useful to those studying the law of fundamental rights or human rights as a complement to more traditional legal approaches.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This Advanced Introduction offers a succinct yet comprehensive introduction to the multidisciplinary field of children's rights. Inspired by the dilemma of difference in the discussion of children's rights, chapters explore the equal rights that children share with adults as well as their differentiated and special rights. Key Features: Accessible, conceptually-grounded exploration of the contemporary children's rights debates Inclusive and multifaceted overview of children's rights within the human rights paradigm Forward looking perspectives and discussion of the future of children's rights Approaching the topic of children's rights firmly within the human rights paradigm, this Advanced Introduction will be a valuable companion for students and academics interested in children's rights, human rights and international law. Legal scholars and policy-makers looking to gain insight into key areas in children's rights will also find this book an interesting read.

This important book provides a comprehensive analysis of good-fit and home-grown approaches for advancing business and human rights norms across Africa. It explores the latest developments in law, regulations, policies, and governance structures across the continent, focusing on key legal innovations in response to human rights impacts of business operations and activities. Featuring contributions from expert scholars and practitioners, the book provides a complete survey of the multifarious regulatory and institutional gaps that limit the coherent development and application of business and human rights law and practice at national and regional levels in Africa. Chapters discuss practical barriers to effective implementation, how such barriers could be addressed through innovative approaches, and the local contexts for the implementation of the United Nations Guiding Principles on Business and Human Rights in Africa. Thematic sections offer conceptual and theoretical reflections on how African countries can effectively mainstream human rights standards and considerations into all aspects of development planning and decision-making. Business and Human Rights Law and Practice in Africa will be a key resource for academics, practitioners, policy makers and students in the fields of governance, human rights, corporate law and public international law, who are interested in responsible and rights-based business practices in Africa. The guidance and rules provided for integrating human rights into project design and implementation will also be useful for corporate bodies and financial institutions.

This forward-looking book provides an in-depth analysis of the major transformations of the right to health in Latin America over the past decades, marked by the turn towards the pharmaceuticalisation of health care. Everaldo Lamprea-Montealegre investigates how health-based litigation has deepened inequalities in the global South, exploring the practices of key actors that are reclaiming the right to health in the region. Taking a deep dive into the health care systems of Brazil and Colombia, Local Maladies, Global Remedies illustrates how transnational pharmaceutical companies are influencing the litigation of health rights, from moulding doctors' preferences for branded drugs to controlling the availability of cheaper generics and bio-similars. The book deploys a wide range of theoretical perspectives and insights from socio-legal literature to map out the practices of stakeholders that are reclaiming the right to health in Latin America. Its concluding remarks propose a set of remedies to help alleviate the challenges faced by global South countries when trying to guarantee their population's right to health, ultimately calling for a major shift of decision-making responsibilities from a local to a global level. The wide-ranging, interdisciplinary scope of this cutting-edge book will benefit scholars, practitioners, policymakers, and students operating at the intersections between socio-legal studies, sociology, health anthropology, public health, globalisation, and human rights.

Building upon the growing body of scholarship on the factors and actors that influence the extent to which states implement human rights law, this cutting-edge Research Handbook takes an interdisciplinary approach to exploring the roles of actors within supranational human rights bodies, the decisions and judgements they make, and the tools they use to facilitate human rights implementation. Eminent scholars and practitioners in the field reflect on why states implement, or fail to implement, obligations and decisions from the supranational level. The Research Handbook reviews the relevant terminology, recent trends, and the theoretical and methodological perspectives and strategies, before rethinking these explanations and offering original scholarship on human rights implementation. Chapters then consider the roles and interplay of various domestic and international actors involved in human rights implementation, including parliaments, national courts, civil society and treaty bodies. The Research Handbook concludes by assessing tools of implementation, including monitoring systems, the role of negotiations and diplomacy, compliance hearings, and the use of IT for compliance. Exploring the entire process of human rights law implementation from recommendation to execution to follow up, this comprehensive Research Handbook will be an invaluable resource to students, scholars and practitioners interested in the decisions and judgements behind the implementation of human rights law.

In an age of intolerance where religious persecution is widespread, Barbara Ann Rieffer-Flanagan explores how societies can promote freedom of religion or belief as a fundamental right of citizens Examining the extent of religious persecution throughout the world, this cutting-edge book explores mechanisms to address religious intolerance and develop religious freedom, outlining the necessary factors to measure progress on the protection of this fundamental human right. Chapters explore how freedom of religion or belief can be institutionalized in dispositions, laws, and policies through efforts which limit negative depictions of the religious (or non-religious) Other in public discourse. Rieffer-Flanagan demonstrates how reforms that enhance the ability of civil society actors to operate can also promote freedom of religion or belief, and how states and IGOs can support these efforts. Ultimately, this innovative book proves that reforms must be continually nurtured for freedom of religion or belief to exist in society. With interview-based research and a diverse range of regional case studies, this will be a vital resource for students and scholars of philosophy, religion, human rights law and political science. Considering the role of leaders in the promotion of religious tolerance, the book will also prove invaluable to policymakers concerned with human rights and freedom of religion or belief.

Companies, lawyers, privacy officers, compliance managers, as well as human resources, marketing and IT professionals are increasingly facing privacy issues. While plenty of information is freely available, it can be difficult to grasp a problem quickly, without getting lost in details and advocacy. This is where Determann's Field Guide to Data Privacy Law comes into its own - identifying key issues and providing concise practical guidance for an increasingly complex field shaped by rapid change in international laws, technology and society. This fifth edition reflects significant changes since 2019, such as new laws in California and other jurisdictions, new EU Standard Contractual Clauses, data residency requirements, machine learning, data monetization trends, cloud adoption and the Internet of Things. Readers will benefit from an introduction to key data privacy concepts and useful practical guidance on starting, maintaining and auditing compliance programs. Step-by-step direction on drafting privacy documentation is provided, with 'how-to' suggestions for tasks and projects. Finally, the book offers an A-Z list of hot topics, organized by commonly used buzz words, as well as a rich index and checklists. This guide should be on the desk and in the briefcase of every compliance officer and corporate counsel. New to this Edition: Practical tips on deploying the new EU Standard Contractual Clauses Guidance on data maps, gap assessments, audit controls, and privacy-tech tools Updated discussion and comparison of pros and cons of cross-border transfer compliance mechanisms New guidance based on GDPR enforcement, the California Consumer Privacy Act, the CLOUD Act and other new laws Practical considerations regarding dark patterns, anonymization, COVID-19 related challenges, "Schrems 2 assessments," arbitration clauses, competition laws and data sharing. Key Features: Clear structure facilitates quick reference A-Z of data privacy provides snapshot of key topics Direction on geographical and topical prioritization Practical guide to starting, maintaining and auditing privacy compliance programs Glossaries of key acronyms and terms help navigation through the field Concise overview of practical requirements of data privacy law compliance worldwide Advice on drafting documentation and tools to complete an end-to-end process, including sample documentation and checklists.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This thought-provoking introduction provides an incisive overview of dignity law, a field of law emerging in every region of the globe that touches all significant aspects of the human experience. Through an examination of the burgeoning case law in this area, James R. May and Erin Daly reveal a strong overlapping consensus surrounding the meaning of human dignity as a legal right and a fundamental value of nations large and small, and how this global jurisprudence is redefining the relationship between individuals and the state. Key features include: Analyses of cases from a range of jurisdictions all over the world A history of the shift of the concept of dignity from a philosophical idea to a legally enforceable right Discussion of dignity as a value and a right in different major legal contexts, and its roots in African, Asian, European and Islamic traditions. This Advanced Introduction will be invaluable to scholars and students of law, particularly those interested in human rights, looking to understand this emerging area of law. It will inform lawyers, judges, policymakers and other advocates interested in how dignity and the law can be used to protect everyone, including the most vulnerable among us.

As the COVID-19 pandemic surged in 2020, questions of data privacy, cybersecurity, and ethics of the surveillance technologies centred an international conversation on the benefits and disadvantages of the appropriate uses and expansion of cyber surveillance and data tracking. This timely book examines and answers these important concerns. Pandemic Surveillance frames and defines digital privacy and security in the context of emerging surveillance technologies, providing informed dialogue on international conversations regarding pandemic surveillance. The book examines the challenges of regulating pandemic surveillance technologies across diverse geographical settings, including Europe and Latin America, along with comparative analysis of social credit systems in China and the United States. Margaret Hu and her impressive selection of contributors explore the legal, scientific and ethical challenges in a world with a growing data surveillance architecture, providing policy recommendations and forward-looking solutions, including the importance of ethical frameworks, to minimise potential misuse and abuse of surveillance technologies. Delivering a well-rounded examination of pandemic surveillance and data-tracking technologies, this book is a crucial read for researchers and scholars focused on information security and data privacy, including specialists in the area of cyber ethics and data ethics. Students and academics interested in health policy and bioethics will also benefit from the insights in this text.

Weaving together theoretical, historical, and legal approaches, this book offers a fresh perspective on the concept of allegiance and its revival in recent times, identifying and contextualising its evolving association with theories of citizenship. The book explores how allegiance was historically owed in return for the sovereign's protection but has been redeployed by modern governments to justify the withdrawal of protection. It examines allegiance from multiple perspectives, including laws for the revocation of citizenship, new ideas of citizenship education, the doctrine of treason, oaths of allegiance, naturalisation tests, and theories of belonging. This thought-provoking book ultimately finds allegiance to be a feudal concept that is inappropriate in the liberal democratic state, and is misplaced, even dangerous, in its association with modern citizenship. Rejecting allegiance, but reaching a constructive resolution, it explores modern alternatives to describe the bond between citizens, advancing a new perspective on the 'enigma' of belonging. With its carefully constructed analysis, this work will prove pivotal in furthering our understanding of allegiance and citizenship. Its legal-theoretical account of a complex and under-theorised concept make it valuable reading for legal and political theorists, legal historians, and scholars of citizenship, law, and social politics.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business, and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas. This succinct Advanced Introduction delivers insights into the pressing technological, political, and legal challenges of cybersecurity. Exploring cybersecurity threats on both a national and global scale, it provides guidance on how countries use domestic and international law to counter crime, terrorism, espionage, and armed conflict in cyberspace. Key features: Centres cybersecurity law within the internet as a technology, cyberspace as a political and governance space, and transformations in international relations over the past twenty years Tracks how the development of policies on responding to different cyber threats, improving cyber defences, and increasing cyber deterrence affects the use and effectiveness of cybersecurity law Analyses whether the ongoing evolution of cyber threats changes, or should change, how countries apply domestic and international law to counter cybersecurity challenges concerning crime, terrorism, espionage, and armed conflict This Advanced Introduction is an invaluable resource for researchers and students of law, public policy, and international relations focusing on how digital technologies, the internet, and cyberspace affect world affairs. It also serves as an accessible entry point for government, corporate, and NGO staff concerned with cybersecurity law.

This collection identifies and discusses the connections between human dignity and democracy from theoretical, substantive, and comparative perspectives. Drawing on detailed analyses of national and transnational law, it provides timely insights into uses of human dignity to promote and challenge ideas of identity and solidarity. Highlighting human dignity's significance for inclusive democracy, the book's thirteen chapters underline how threats to human dignity can also be a danger to democracy itself. Critical analysis of the commitment to protect the dignity of all human beings following the rise of nationalism, illiberalism and identity politics are thoroughly reviewed. The volume further addresses urgent questions about today's democratic societies in the context of Europe's multiple crises. Written in an accessible style, this innovative book will be an excellent resource for both scholars of human dignity and human rights law, European law and politics, as well as non-experts looking to further their understanding of the topic.

This timely book assesses national and supranational bilateral approaches to dealing with the rising tide of migration into the European Union via the Mediterranean Sea. International law and EU migration law specialists critically assess the legal tools adopted to engage with the 'refugee crisis'. While the EU works to develop a unified approach to Mediterranean transit and origin countries, the authors argue that a crucial role should be accorded to individual states in finding a solution to this complex and sensitive situation. Historical and political factors playing into migration strategies are discussed, and the legal framework underpinning the bilateral and regional schemes on which the northern and southern shores of the Mediterranean seek to cooperate on migration is also examined. Migration-related issues, such as search and rescue at sea, human rights and policing are explored throughout the book. Comparing the bilateral arrangements Southern EU Member States have made with the Mediterranean countries of origin and the regional bilateralism conducted by the EU, expert authors assess how best to achieve a coherent model. This will be an essential read for academics and scholars in international and European migration law, environmental politics and policy; practitioners and policymakers working on migration issues, and NGOs. Contributors include: C. Billet, M. Borraccetti, G. Borzoni, F. Casolari, M. Di Filippo, M. Gatti, I. Gonzalez Garcia, F. Ippolito, K.D. Magliveras, A. Ott, M. Ovadek, E. Papastavridis, I. Sammut, F. Seatzu, P. Van Elsuwege, J. Wouters, V. Zvezda

This unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics within the field of human rights which hinder the expansion of the concept of gender and which strategies and mechanisms allow and facilitate such an expansion. Gender and Human Rights surveys the development of human rights from the creation of the United Nations up to the present day and discusses key examples of the prohibition of violence and the regulation of culture and family in the context of human rights. This multidisciplinary study also incorporates additional perspectives from medical science, feminism and queer theory. This concise yet engaging book will be a valuable resource for scholars, students and activists working at the intersection of gender law and human rights law, providing a critical overview of the topic alongside strategies for future growth.

This detailed Commentary explores the boundaries of social rights at a European level through analysis of the Revised European Social Charter (RESC), the most comprehensive regional document on social rights. The Commentary considers the treaty as the counterpart of the European Convention on Human Rights, examining how it sets out fundamental rights in the social field. It focuses primarily on the rich jurisprudence developed by the Charter's monitoring body, the European Committee of Social Rights (ECSR). Key features include: discussion of the application of social rights in practice examination of the implementation of the RESC in national law a guide to social rights and the corresponding human rights obligations of European states that have ratified the Charter analysis of economic, social and cultural rights in Europe across a range of areas including housing, health, education, employment, legal and social protection, migration and non-discrimination. Contributing to a deeper understanding of how state authorities and other human rights actors apply social rights in Europe, this Commentary will be an essential resource for academics and students of European law and human rights. Its presentation and analysis of the case law of the ECSR will also be beneficial for practitioners, lawmakers and human rights activists.

Revealing the politics underlying the rapid globalization of facial recognition technology (FRT), this topical book provides a cutting-edge, critical analysis of the expanding global market for FRT, and the rise of the transnational social movement that opposes it. With the use of FRT for policing, surveillance, and business steadily increasing, this book provides a timely examination of both the benefits of FRT, and the threats it poses to privacy rights, human rights, and civil liberties. Interviews with analysts and activists with expertise in FRT find that the anti-FRT movement is highly uneven, with disproportionate influence in Western democracies and relatively little influence in authoritarian states and low-income countries in the developing world. Through a global analysis of the uptake and regulation of FRT, chapters create a holistic understanding of the politics behind this technology. Concluding with a look towards the future prospects of FRT in the face of the growing size, reach, and power of its opposition, the book reflects more broadly on the power of transnational social movements and civil society activism to prevent the globalization and normalization of new technologies. A visionary exploration of FRT, this book will be invaluable to students and scholars of politics and policy, alongside activists, stakeholders, and policy makers interested in the growing power of social movements to resist new technology.

This timely book explores the extent to which national security has affected the intersection between human rights and the exercise of state power. It examines how liberal democracies, long viewed as the proponents and protectors of human rights, have transformed their use of human rights on the global stage, externalizing their own internal agendas. Contextualizing human rights goals, structures and challenges in the immediate post-UDHR era, key chapters analyse the role that national security has played in driving competition between individual rights and rhetoric-laden, democracy-reinforcing approaches to collective rights of security. Internationally diverse authors offer evocative insights into the ways in which law is used to manipulate both intra and interstate relationships, and demonstrate the constant tensions raised by a human rights system that is fundamentally state-centric though defined by individuals' needs and demands. Acknowledging the challenges in contemporary human rights practice, policy and discourse as features of transitional eras in human rights, this forward-thinking book identifies opportunities to correct past inadequacies and promote a stronger system for the future. This is a hard-hitting and much needed study for students and scholars of human rights, security law, constitutional law and international relations more widely. Its practical dimensions will also greatly benefit practitioners in the field.

This unique book analyses the impact of international human rights on the concept of gender, demonstrating that gender emerged in the medical study of sexuality and has a complex and broad meaning beyond the sex and gender binaries often assumed by human rights law. Ekaterina Yahyaoui Krivenko skilfully illustrates the dynamics within the field of human rights which hinder the expansion of the concept of gender and which strategies and mechanisms allow and facilitate such an expansion. Gender and Human Rights surveys the development of human rights from the creation of the United Nations up to the present day and discusses key examples of the prohibition of violence and the regulation of culture and family in the context of human rights. This multidisciplinary study also incorporates additional perspectives from medical science, feminism and queer theory. This concise yet engaging book will be a valuable resource for scholars, students and activists working at the intersection of gender law and human rights law, providing a critical overview of the topic alongside strategies for future growth.

This Research Handbook is an insightful overview of the key rules, concepts and tensions in privacy and data protection law. It highlights the increasing global significance of this area of law, illustrating the many complexities in the field through a blend of theoretical and empirical perspectives. Providing an excellent in-depth analysis of global privacy and data protection law, it explores multiple regional and national jurisdictions, bringing together interdisciplinary international contributions from Europe and beyond. Chapters cover critical topics in the field, including key features of the General Data Protection Regulation (GDPR), border surveillance, big data, artificial intelligence, and biometrics. It also investigates the relationship between privacy and data protection law and other fields of law, such as consumer law and competition law. With its detailed exploration and insights into privacy and data protection, this Research Handbook will prove a useful resource for information and media law students as well as academics researching fields such as data protection and privacy law and surveillance or security studies.

Large-scale adverse health and developmental outcomes related to tobacco affect millions of people across the world, raising serious questions from a human rights perspective. In response to this crisis, this timely book provides a comprehensive analysis of the promotion and enforcement of human rights protection in tobacco control law and policy at international, regional, and domestic levels. This thought-provoking book offers significant new insights to the topic, laying the foundations for a human rights based approach to tobacco control. Addressing the function of law as a tool to help combat one of the major public health challenges facing society, contributions by global scholars rebut human rights claims presented by the tobacco industry. Emphasis is instead placed upon the human rights of vulnerable individuals, children in particular, as a result of smoking and exposure to second-hand smoke. Illustrating ways in which the right to health can be advanced with regards to tobacco control, smoking and the use of e-cigarettes, this important book will be a vital resource for human rights and health law scholars and practitioners as well as policy makers in public health law. Contributors include: D. Barrett, D. Beyleveld, O.A. Cabrera, A. Constantin A. Garde, M.E. Gispen, L. Gruszczynski, J. Hannah, S. Karjalainen, L. Lane, S. Lierman, A.L. McCarthy, A. Mitchell, S. Negri, O. Nnamuchi, M. Roberts, A. Schmidt, M. Sormunen, A. Taylor, B. Toebes, M. van Westendorp, Y. Zhang