In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country's future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all. A free open access ebook is available upon publication. Learn more at www.luminosoa.org.

As constitutional law globalizes, the quest for a common grammar or 'generic constitutional law' becomes more pressing. Proportionality is one of the most prominent and controversial components of the modern, global constitutional discourse. In view of the alarming tension between the triumphant success of proportionality and the severity of the criticism directed towards it, this book offers an in-depth analysis of the critics of proportionality and demonstrates that their objections against the proportionality test are not convincing. It clarifies and further develops the current theories of proportionality and balancing. Building upon on Robert Alexy's predominant principles theory, the book suggests several modifications to this theory. Drawing examples from the case law of the European Court of Human Rights, the European Court of Justice, and various national constitutional courts it illustrates the argument in favour of proportionality and demonstrates its relevance for deciding concrete cases.

The development of human rights norms is one of the most significant achievements in international relations and law since 1945, but the continuing influence of human rights is increasingly being questioned by authoritarian governments, nationalists, and pundits. Unfortunately, the proliferation of new rights, linking rights to other issues such as international crimes or the activities of business, and attempting to address every social problem from a human rights perspective risk undermining their credibility. Rescuing Human Rights calls for understanding 'human rights' as international human rights law and maintaining the distinctions between binding legal obligations on governments and broader issues of ethics, politics, and social change. Resolving complex social problems requires more than simplistic appeals to rights, and adopting a 'radically moderate' approach that recognizes both the potential and the limits of international human rights law, offers the best hope of preserving the principle that we all have rights, simply because we are human.

In much of the citizenship literature it is often considered, if not simply assumed, that citizenship is integral to the character of a self-determining community and that this process, by definition, involves the exclusion of resident 'foreigners'. Dora Kostakopoulou calls this assumption into question, arguing that 'aliens' are by definition outside the bounds of the community by virtue of a circular reasoning which takes for granted the existence of bounded national communities, and that this process of collective self-definition is deeply political and historically dated. Although national citizenship has enjoyed a privileged position in both theory and practice, its remarkable elasticity has reached its limit, thereby making it more important to find an alternative model. Kostakopoulou develops a new institutional framework for anational citizenship, which can be grafted onto the existing state system, defends it against objections and proposes institutional reform based on an innovative approach to citizenship.

The overarching objective of this volume is to discuss and critique the legal regulation of human trafficking in national and transnational context. Specifically, discussion is needed not only with regard to the historical and philosophical points of departure for any criminalisation of trafficking, but also, regarding the societal and social framework, the empirical dimension such as existing statistics in the area, and the need for more data. The book combines descriptive and normative analyses of the crime of trafficking in human beings from a cross-legal perspective. Notwithstanding the enhanced interest for human trafficking in politics, the public and the media, a critical perspective such as the one pursued herewith has so far been largely absent. Against this background, this approach allows for theoretical findings to be addressed by pointing out and elaborating different, interdisciplinary conflicts and inconsistencies in the regulation of human trafficking. The book discusses the phenomenon of human trafficking critically from various angles, giving it 'shape' and showing how it comes to life in the legal regulation.

This book is a challenging, thought-provoking yet highly accessible introduction to discrimination law. It takes a thematic approach, illuminating the major issues in discrimination law, while imparting an in-depth understanding of the strengths and weaknesses of legal responses to complex social problems of inequality. This is enhanced by the comparative approach. By considering equality law in the UK, US, India, Canada, and South Africa, as well as the European Union and under the European Convention on Human Rights, the book exposes common problems across different jurisdictions and canvasses a variety of differing solutions. As in the highly successful previous editions, the book locates discrimination law within its historical and social context. One of its major strengths is the development of an analytic framework of substantive equality, drawing on a range of sources, and the author's wide experience of equality law in many jurisdictions. As well as chapters charting the social challenges and legal responses, the book compares the ways in which different jurisdictions formulate grounds of discrimination or protected characteristics; the meaning of key concepts such as direct discrimination (disparate treatment); indirect discrimination (disparate impact); and when limitations on equality are legitimate. Later chapters test these concepts in some of the most challenging contexts: pregnancy and parenting, equal pay, reasonable accommodation, and sexual harassment; as well as to the particularly controversial issue of affirmative action or deliberate preference policies. Discussing at length how racisms, sexism, LGBTQ+ rights, and other topics impact these contexts. The final chapter asks how the right to equality can be made more effective, critically assessing the paradigm individual complaints model, and possible alternatives, from class actions and strategic litigation to mainstreaming and positive duties to promote equality.

Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK??'s de facto Bill of Rights. The book focuses both on changes in areas of substantive law and the techniques of judicial reasoning adopted to implement the Act. The contributors therefore consider first general Convention and Human Rights Act concepts ??? statutory interpretation, horizontal effect, judicial review, deference, the reception of Strasbourg case-law ??? since they arise across all areas of substantive law. They then proceed to examine, not only the use of such concepts in particular fields of law (privacy, family law, clashing rights, discrimination and criminal procedure), but also the modes of reasoning by which judges seek to bridge the divide between familiar common law and statutory doctrines and those in the Convention.

This volume addresses interrogation and torture at a unique moment. Emerging scientific research reveals non-coercive methods to be the most effective interrogation techniques. And efforts are now being made to integrate this science and practice into international law and global policing initiatives. Contributors present cutting-edge research on non-coercive interrogation techniques and show how this knowledge is brought to bear on the realm of international law. Such advancements have the potential to transform the conversation on interrogation and torture in many disciplines, and the contributions in this edited volume are meant to spark those discussions. Moreover, this book can serve as a guide for policymakers who seek lawful, ethical, human-rights compliant-and the most effective-methods to obtain reliable information from those perceived to pose a threat to public safety. To achieve these aims the editors have brought together highly experienced practitioners and leading scholars in law, philosophy, psychology, neuroscience, social science, national security, and government.

This book undertakes a comparative study of the public interest and political speech defences in defamation law, particularly from the perspective of the misuse of democratic free expression justifications. Specifically, it argues that the law and legal approaches taken by leading courts and legislatures in the UK, Australia, New Zealand, Canada, and the United States - five common law comparators - are undertheorised, lack adequate criteria for determining the correct form of the defence, and would benefit from a more precise understanding of 'democracy', 'accountability', and 'representation'. The book will be of great interest to scholars of free speech, defamation and public law.

Policing and Human Rights analyses the implementation of human rights standards, tracing them from the nodal points of their production in Geneva, through the board rooms of national police management and training facilities, to the streets of downtown Johannesburg. This book deals with how the unprecedented influence of human rights, combined with the inability by police officers to live up' to international standards, has created a range of policing and human rights vernaculars -- hybrid discourses that have appropriated, transmogrified and undercut human rights. Understood as an attempt by police officers, as much as by the police as a whole, to recover a position from which to act and to judge, these vernaculars reveal the compromised ways in which human rights are -- and are not -- implemented. Tracing how, in South Africa, human rights have given rise to new forms of popular justice, informal private' policing and provisional security arrangements, Policing and Human Rights delivers an important analysis of how the dissemination and implementation of human rights intersects with the post-colonial and post-transformation circumstances that characterise many countries in the South.

This book provides a comprehensive account of how child development and the right to development of children have been understood in international children's rights law. It argues that any conceptions of childhood focussed either on children's future as adults, or on children's lives in the present, overlook the hybridity of children's lived experiences. The book therefore suggests a new conception of childhood - namely, 'hybrid childhood' - which accommodates respect for children's agency and human dignity in the present, in the process of growth, and in the outcomes of this process when the child becomes an adult. Consequently, and building on the capability approach's idea of human development, the book presents a radical new interpretation of the child's right to development under the UN Convention on the Rights of the Child. It offers a comprehensive interpretation of the right to development, which is one of the four guiding principles of the Convention.

Citizenship within our current international system signifies being fully human, or being worthy of fundamental human rights. For some vulnerable groups, however, this form of political membership is limited or missing entirely, and they face human rights challenges despite a prevalence of international human rights law. These protection gaps are central to hierarchies of personhood, or inequalities that render some people more "worthy" than others for protections and political membership. As a remedy, Lindsey N. Kingston proposes the ideal of "functioning citizenship," which requires an active and mutually-beneficial relationship between the state and the individual and necessitates the opening of political space for those who cannot be neatly categorized. It signifies membership in a political community, in which citizens support their government while enjoying the protections and services associated with their privileged legal status. At the same time, an inclusive understanding of functioning citizenship also acknowledges that political membership cannot always be limited by the borders of the state or proven with a passport. Fully Human builds its theory by looking at several hierarchies of personhood, from the stateless to the forcibly displaced, migrants, nomadic peoples, Indigenous nations, and "second class" citizens in the United States. It challenges the binary between citizen and noncitizen, arguing that rights are routinely violated in the space between the two. By recognizing these realities, we uncover limitations built into our current international system-but also begin to envision a path toward the realization of human rights norms founded on universality and inalienability. The ideal of functioning citizenship acknowledges the persistent power of the state, yet it does not rely solely on traditional conceptions of citizenship that have proven too flawed and limited for securing true rights protection.

This important new book provides a framework for complementarity between promoting and protecting human rights and combating corruption. The book makes three major points regarding the relationship between corruption and human rights law. First, corruption per se is a human rights violation, insofar as it interferes with the right of the people to dispose of their natural wealth and resources and thereby increases poverty and frustrates socio-economic development. Second, corruption leads to a multitude of human rights violations. Third, the book demonstrates that human rights mechanisms have the capacity to provide more effective remedies to victims of corruption than can other criminal and civil legal mechanisms. The book takes up one of the pervasive problems of governance--large-scale corruption--to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. It examines three major aspects of human rights in practice--the importance of governing structures in the implementation and enjoyment of human rights, the relationship between corruption, poverty and underdevelopment, and the threat that systemic poverty poses to the entire human rights edifice. The book is a very significant contribution to the literature on good governance, human rights and the rule of law in Africa. Endorsements "Kolawole Olaniyan has taken up one of the pervasive problems of governance - large-scale corruption - to examine its impact on human rights and the degree to which a human rights approach to confronting corruption can buttress the traditional criminal law response. His focus is Africa, but the valuable lessons he teaches in this comprehensive study can resonate throughout the world. The result is a comprehensive and holistic legal framework for addressing some of the root causes of human rights violations and poverty, not only in Africa, but wherever corruption exists." Dinah Shelton Manatt/Ahn Professor of International Law (emeritus) The George Washington University Law School "This book demonstrates the author's mastery of complex jurisprudential and theoretical discourses. His review of the existing literature is extensive, the doctrinal analysis rigorous and the treatment of the subject innovative. Dr. Olaniyan's willingness to introduce fresh eyes to the ways in which doctrine contributes to an understanding of seemingly mundane problems lays the foundation for fertile trajectories from which future scholars can launch exciting inquiries on the relationship between corruption and human rights. Overall, this book makes an important and valuable contribution to the growth and understanding of the corruption/human rights discourse as it is presently constructed." Ndiva Kofele-Kale, University Distinguished Professor of Law, SMU Dedman School of Law, Dallas, USA.

Migrant Crossings examines the experiences and representations of Asian and Latina/o migrants trafficked in the United States into informal economies and service industries. Through sociolegal and media analysis of court records, press releases, law enforcement campaigns, film representations, theatre performances, and the law, Annie Isabel Fukushima questions how we understand victimhood, criminality, citizenship, and legality. Fukushima examines how migrants legally cross into visibility, through frames of citizenship, and narratives of victimhood. She explores the interdisciplinary framing of the role of the law and the legal system, the notion of "perfect victimhood", and iconic victims, and how trafficking subjects are resurrected for contemporary movements as illustrated in visuals, discourse, court records, and policy. Migrant Crossings deeply interrogates what it means to bear witness to migration in these migratory times-and what such migrant crossings mean for subjects who experience violence during or after their crossing.

In recent decades, the level of moral acceptability of choice at the end of life has reached record highs. Legislative responsiveness to public opinion, however, has resulted in far fewer and much slower adoption patterns. For example, if a growing number of Americans support aid in dying legislation, why are so few states adopting them? While extensive research that explores matters of death and dying from the medical, legal, and religious perspectives exists, scholars have yet to consider the role of politics in explaining end of life policy adoption patterns. The Chronic Silence of Political Parties in End of Life Policymaking in the United States retraces the right to die movement's legislative history from its beginnings to the adoption and diffusion of its most recent innovations-the Physician Orders for Life-Sustaining Treatment (POLST) Paradigm and death with dignity-to identify the various forces that hinder its progress.

Written for the XXI FIDE Congress taking place in Dublin in June 2004, this book explores EU policy on migration and asylum, and the manner in which this policy is being implemented at a national level. With national reports from 15 EU member states (both existing and accession states), it is the most wide ranging and comprehensive international survey of this issue to date. Each report was prepared by a national expert and they focus on: ??? the national implementation of existing EU legislation in the field of migration and asylum law; ??? the compatibility of national migration and asylum law and policies with pending EC legislation on asylum procedure, legal status of third country nationals, and definition of refugees; ??? national attitudes to European Commission proposals on the future development of European migration and asylum law; and ??? long term perspectives for EU legislation in the field of migration and asylum law and policy.

"Your Rugged Constitution" was first published sixty-four years ago. It quickly became a go-to resource for generations of young Americans (and some older ones too) who wanted to understand the guiding principles of our nation. Now in reissue, this truly rugged and much-admired classic is sure to inform, and also delight readers with its retro 1950s ethos. "Your Rugged Constitution" proceeds through the text of the Constitution with descriptions that are put in clear, easy-to-understand language, accompanied by commentary and lively drawings so you can easily grasp all the ideas and concepts. Under each section and clause, you (yes, you, fellow American ) learn which powers you give to the federal government, and what you get in return. "Your Rugged Constitution" helps readers understand that the Constitution is no mere historical document, but an important contract between you and your government.

This book is based upon the papers written by a group of leading international scholars on the 'constitution of social democracy', delivered at a conference to celebrate Professor Keith Ewing's scholarly legacy in labour law, constitutional law, human rights and the law of democracy. The chapters explore the development of social democracy and democratic socialism in theory and political practice from a variety of comparative, legal, and disciplinary perspectives. These developments have occurred against a backdrop of fragmenting 'traditional' political parties, declining collective bargaining, concerns about 'juristocracy' and the displacement of popular sovereignty, the emergence of populist political movements, austerity, and fundamental questions about the future of the European project. With this context in mind, this collection considers whether legal norms can and should contribute to the constitution of social democracy. It could not be more timely in addressing these fundamental constitutional questions at the intersection of law, democracy, and political economy.

By reconsidering the definitions of human trafficking, slavery, servitude and forced labour, Vladislava Stoyanova demonstrates how, in embracing the human trafficking framework, the international community has sidelined the human rights law commitments against slavery, servitude and forced labour that in many respects provide better protection for abused migrants. Stoyanova proposes two corrective steps to this development: placing a renewed emphasis on determining the definitional scope of slavery, servitude or forced labour, and gaining a clearer understanding of states' positive human rights obligations. This book compares anti-trafficking and human rights frameworks side-by-side and focuses its analysis on the Council of Europe's Trafficking Convention and Article 4 of the European Convention on Human Rights. With innovative arguments and pertinent case studies, this book is an important contribution to the field and will appeal to students, scholars and legal practitioners interested in human rights law, migration law, criminal law and EU law.

Voting rights are a perennial topic in American politics. Recent elections and the Supreme Court's decision in Shelby County v. Holder, which struck down key enforcement provisions in the Voting Rights Act (VRA), have only placed further emphasis on the debate over voter disenfranchaisement. Over the past five decades, both Democrats and Republicans in Congress have consistently voted to expand the protections offered to vulnerable voters by the Voting Rights Act. And yet, the administration of the VRA has become more fragmented and judicial interpretation of its terms has become much less generous. Why have Republicans consistently adopted administrative and judicial decisions that undermine legislation they repeatedly endorse? Ballot Blocked shows how the divergent trajectories of legislation, administration, and judicial interpretation in voting rights policymaking derive largely from efforts by conservative politicians to narrow the scope of federal enforcement while at the same time preserving their public reputations as supporters of racial equality and minority voting rights. Jesse H. Rhodes argues that conservatives adopt a paradoxical strategy in which they acquiesce to expansive voting rights protections in Congress (where decisions are visible and easily traceable) while simultaneously narrowing the scope of federal enforcement via administrative and judicial maneuvers (which are less visible and harder to trace). Over time, the repeated execution of this strategy has enabled a conservative Supreme Court to exercise preponderant influence over the scope of federal enforcement.

Cellular technology has always been a surveillance technology, but "cellular convergence" - the growing trend for all forms of communication to consolidate onto the cellular handset - has dramatically increased the impact of that surveillance. In Cellular Convergence and the Death of Privacy, Stephen Wicker explores this unprecedented threat to privacy from three distinct but overlapping perspectives: the technical, the legal, and the social. Professor Wicker first describes cellular technology and cellular surveillance using language accessible to non-specialists. He then examines current legislation and Supreme Court jurisprudence that form the framework for discussions about rights in the context of cellular surveillance. Lastly, he addresses the social impact of surveillance on individual users. The story he tells is one of a technology that is changing the face of politics and economics, but in ways that remain highly uncertain.

This up-to-date analysis of the Supreme Court's landmark rulings on civil rights and liberties is a discussion of the facts, legal issues, and constitutional questions surrounding those rulings. Domino's book serves as either a core text in courses on civil liberties and civil rights, or as a supplementary text in courses on constitutional law and the judiciary. The book is written in the belief that the key to understanding constitutional law is not having the right answers but asking the right questions. It encourages students to be critical thinkers and provides a historical context so students can better understand competing social, legal, and political interests affecting the Supreme Court's decisions today. The text also includes numerous short excerpts from some of the more influential, eloquent, and controversial Supreme Court opinions to illustrate the handiwork of the powerful legal minds who have helped to shape our society. It reminds us that "the Court" is not an abstract legal mechanism, but rather a group of human beings with divergent opinions. New to the Fourth Edition Up-to-date discussion of recent rulings, from the standpoint of the Court as a Cultural Tribunal, including: freedom of expression, including hate speech and the historic Citizens United case on campaign finance freedom of religion, including prayer during public meetings and the controversial Hobby Lobby case on corporate religious belief social issues, including reproductive rights & abortion and the landmark Obergefell case on same-sex marriage New section on obscenity and the First Amendment, including discussion of Internet pornography Expanded discussion of the use of GPS and thermal scanning technology by law enforcement and issues surrounding mobile phone privacy The nomination and confirmation politics surrounding the death of Antonin Scalia, the failed nomination of Merrick Garland, and the confirmation of Trump appointee Neil Gorsuch Analysis and comparison of the Roberts Court to the Rehnquist, Burger, and Warren Courts, revisiting the question of counterrevolution that set the theme for previous editions

Is it defensible to use the concept of a right? Can we justify rights' central place in modern moral and legal thinking, or does the concept unjustifiably side-line those who do not qualify as right-holders? Rowan Cruft develops a new account of rights. Moving beyond the traditional 'interest theory' and 'will theory', he defends a distinctive 'addressive' approach that brings together duty-bearer and right-holder in the first person. This view has important implications for the idea of 'natural' moral rights-that is, rights that exist independently of anyone's recognizing that they do. Cruft argues that only moral duties grounded in the good of a particular party (person, animal, group) are naturally owed to that party as their rights. He argues that human rights in law and morality should be founded on such recognition-independent rights. In relation to property, however, matters are complicated because much property is justifiable only by collective goods beyond the rightholder's own good. For such property, Cruft argues that a new non-rights property system-that resembles markets but is not conceived in terms of rights-would be possible. The result of this study is a partial vindication of the rights concept that is more supportive of human rights than many of their critics (from left or right) might expect, and is surprisingly doubtful about property as an individual right.

his book addresses a topic of vivid public discussion at both national and international levels where an information technology revolution comes together with pervasive personal data collection. This threat to privacy is peculiar and the old tools, such as consent for personal data processing, fail to work properly in the context of online services. This was clearly seen in the case of Cambridge Analytica which uncovered how easy the procedural requirements of consent and purpose limitation can be abused on a mass scale.The lack of individual control over personal data collected by online service providers is a significant problem experienced by almost every person using the Internet: it is an 'all or nothing' choice between benefiting from digital technology and keeping their personal data away from the extensive corporate surveillance. If people are to have autonomous choice in respect of their privacy processes, then they need to be able to manage these processes themselves. To put individuals in the drivers seat, the book first conducts a careful examination of the economic and technical details of online services which pinpoints both the privacy problems caused by their providers and the particular features of the online environment. Then it devises a set of measures to enable individuals to manage these processes. The proposed Privacy Management Model consists of three interlocking functions of controlling, organising and planning. This requires a mix of regulatory tools: a particular business model in which individuals are supported by third parties (Personal Information Administrators); a set of technological/architectural tools to manage data within the ICT systems of the online service providers; and laws capable of enabling and supporting all these elements.The proposed solution remedies the structural problems of the Internet arising from its architectural and informational imbalances and enables the effective exercise of individual autonomy. At the same time, it facilitates the effective operation of online services and recognises the fundamental importance of the use of personal data for the modern economy. All of this is designed to change the way decision-makers think about Internet privacy and form the theoretical backbone of the next generation of privacy laws. It also shows that technology is not intrinsically privacy invasive and that effective regulation is possible.

IVP Readers' Choice Award Outreach Magazine Resource of the Year The United States has more people locked up in jails, prisons, and detention centers than any other country in the history of the world. Mass incarceration has become a lucrative industry, and the criminal justice system is plagued with bias and unjust practices. And the church has unwittingly contributed to the problem. Dominique Gilliard explores the history and foundation of mass incarceration, examining Christianity's role in its evolution and expansion. He then shows how Christians can pursue justice that restores and reconciles, offering creative solutions and highlighting innovative interventions. The church has the power to help transform our criminal justice system. Discover how you can participate in the restorative justice needed to bring authentic rehabilitation, lasting transformation, and healthy reintegration to this broken system.