Now in its fifth edition, Harris, O'Boyle, and Warbrick: Law of the European Convention on Human Rights remains an indispensable resource for undergraduates, postgraduates, and practitioners alike. The new edition builds on the strengths of previous editions, providing an up-to-date, clear, and comprehensive account of Strasbourg case law and its underlying principles. It sets out and critically analyses each Convention article (including those addressed by relevant Protocols), and thoroughly examines the system of supervision. The book also addresses the pressures and challenges facing the Strasbourg system in the twenty-first century. Digital formats This fifth edition is available for students and institutions to purchase in a variety of formats. The e-book offers a mobile experience and convenient access along with functionality tools, navigation features, and links that offer extra learning support: www.oxfordtextbooks.co.uk/ebooks

This book focuses on government regulation of religious institutions in South Africa. PART 1 explains the meaning of government regulation for religious communities by providing a brief overview of the relationship between church and state, the right to freedom of religion and the legal status of religious organisations. With reference to case examples, this section highlights the importance of religious autonomy and the right to self-determination of religious institutions and non-interference by the state in the internal affairs of the organisation. No fundamental rights are however absolute and the section concludes with a discussion on the limitation of rights and an overview of the relevant constitutional provisions and anti-discrimination laws in place relevant to religious organisations, in the context of equality and non-discrimination. PART 2 discusses in more detail the daily rights, responsibilities and freedoms associated with the right to freedom of religion within some specific spheres of society where regulation of religion has occurred or are necessary or has proved to be problematic. It includes those related to the role of religion in society; the relations between religion and state institutions; education; finance; family matters; employment law; planning law; broadcast media and general governance issues.

This book critically assesses categorical divisions between indigenous individual and collective rights regimes embedded in the foundations of international human rights law. Both conceptual ambiguities and practice-related difficulties arising in vernacularisation processes point to the need of deeper reflection. Internal power struggles, vulnerabilities and intra-group inequalities go unnoticed in that context, leaving persisting forms of neo-colonialism, neo-liberalism and patriarchalism largely untouched. This is to the detriment of groups within indigenous communities such as women, the elderly or young people, alongside intergenerational rights representing considerable intersectional claims and agendas. Integrating legal theoretical, political, socio-legal and anthropological perspectives, this book disentangles indigenous rights frameworks in the particular case of peremptory norms whenever these reflect both individual and collective rights dimensions. Further-reaching conclusions are drawn for groups 'in between', different formations of minority groups demanding rights on their own terms. Particular absolute norms provide insights into such interplay transcending individual and collective frameworks. As one of the founding constitutive elements of indigenous collective frameworks, indigenous peoples' right to prior consultation exemplifies what we could describe as exerting a cumulative, spill-over and transcending effect. Related debates concerning participation and self-determination thereby gain salience in a complex web of players and interests at stake. Self-determination thereby assumes yet another dimension, namely as an umbrella tool of resistance enabling indigenous cosmovisions to materialise in the light of persisting patterns of epistemological oppression. Using a theoretical approach to close the supposed gap between indigenous rights frameworks informed by empirical insights from Bolivia, the Andes and Latin America, the book sheds light on developments in the African and European human rights systems.

Since the Second World War, the international community has sought to prevent the repetition of destructive far-right forces by establishing institutions such as the United Nations and by adopting documents such as the Universal Declaration of Human Rights. Jurisprudence and conventions directly prohibit far-right speech and expression. Nevertheless, recently, violent far-right entities, such as Golden Dawn of Greece, have received unprecedented electoral support, xenophobic parties have done spectacularly well in elections; and countries such as Hungary and Poland are being led by right-wing populists who are bringing constitutional upheaval and violating basic elements of doctrines such as the rule of law. In light of this current reality, this book critically assesses the international and European tools available for States to regulate the far-right. It conducts the analysis through a militant democracy lens. This doctrine has been considered in several arenas as a concept more generally; in the sphere of the European Convention on Human Rights; in relation to particular freedoms, such as that of association; and as a tool for challenging the far-right movement through the spectrum of political science. However, this doctrine has not yet been applied within a legal assessment of challenging the far-right as a single entity. After analysing the aims, objectives, scope and possibility of shortcomings in international and European law, the book looks at what state obligations arise from these laws. It then assesses how freedom of opinion and expression, freedom of association and freedom of assembly are provided for in international and European law and explores what limitation grounds exist which are directly relevant to the regulation of the far-right. The issue of the far-right is a pressing one on the agenda of politicians, academics, civil society and other groups in Europe and beyond. As such, this book will appeal to those with an interest in International, European or Human rights Law and political science.

A progressive argument for repealing the Human Rights Act. Contrary to contemporary panic around human rights repeal, Human Rights - Illusory Freedom puts a progressive case against the Human Rights Act. It describes how human rights arose as a new language for western governments following the collapse in their collective authority in the aftermath of World War 2 and shows how the UK Human Rights Act has presided over a catastrophic loss of freedom, which continued a process which began with the Tory party in the 1970s. Human Rights - Illusory Freedom makes a positive case for restoring control over our traditional freedoms to the electorate and away from unaccountable Judges in the UK Courts and the European Court of Human Rights.

Just as Latin American countries began to transition to democracy in the late 1970s and early 1980s, the region also saw gains in social, cultural and economic gender equality. In accordance with modernization theories, women in the region have also made significant inroads into elected office. However, these gains vary a great deal between countries in Latin America. They also vary significantly at different levels of government even within the same country. Inside government arenas, representation is highly gendered with rules and norms that advantage men and disadvantage women, limiting women's access to full political power. While one might expect these variations to map onto socioeconomic and cultural conditions within each country, they don't correlate. This book makes, for the first time, a comprehensive comparison of gender and representation across the region - in seven countries - and at five different levels: the presidency, cabinets, national legislatures, political parties, and subnational governments. Overall, it argues that gender inequality in political representation in Latin America is rooted in democratic institutions and the democratic challenges and political crises facing the region. Institutions and political context not only influence the number of women and men elected to office, but also what they do once in office, the degree of power to which they gain access, and how their presence and actions influence democracy and society, more broadly. Drawing on the expertise of scholars of women, gender, and political institutions, this book is the most comprehensive analysis of women's representation in Latin America to date, and an important resource for research on women's representation worldwide. The causes, consequences, and challenges to women's representation in Latin America are not unique to that region, and the book uses Latin American patterns to draw broad conclusions about gendered representation in other areas of the world.

In A Third Way, Hillary Hoffmann and Monte Mills detail the history, context, and future of the ongoing legal fight to protect indigenous cultures. At the federal level, this fight is shaped by the assumptions that led to current federal cultural protection laws, which many tribes and their allies are now reframing to better meet their cultural and sovereign priorities. At the state level, centuries of antipathy toward tribes are beginning to give way to collaborative and cooperative efforts that better reflect indigenous interests. Most critically, tribes themselves are building laws and legal structures that reflect and invigorate their own cultural values. Taken together, and evidenced by the recent worldwide support for indigenous cultural movements, events of the last decade signal a new era for indigenous cultural protection. This important work should be read by anyone interested in the legal reforms that will guide progress toward that future.

Concentrate Q&A Human Rights and Civil Liberties guides you through how to structure a successful answer to a legal problem. Whether you are preparing for a seminar, completing assessed work, or in exam conditions, each guide shows you how to break down each question, take your learning further, and score extra marks. The Concentrate Q&A series has been developed in collaboration with hundreds of law students and lecturers across the UK. Each book in this series offers you better support and a greater chance to succeed on your law course than any other Q&A guide. 'A sure-fire way to get a 1st class result' - Naomi M, Coventry University 'I can't think of better revision support for my study' - Quynh Anh Thi Le, University of Warwick 'My grades have dramatically improved since I started using the OUP Q&A guides' - Glen Sylvester, Bournemouth University 'My fellow students rave about this book' - Octavia Knapper, Lancaster University 'These first class answers will transform you into a first class student' - Ali Mohamed, University of Hertfordshire 'The best Q&A books that I've read; the content is exceptional' - Wendy Chinenye Akaigwe, London Metropolitan University Take it online: The 3rd edition is available in paperback, or e-book. Visit www.oup.com/lawrevision/ for multimedia resources to help you with revision and assessment.

A literary mixtape of transformative dialogues on justice with a cast of visionary rebel activists, organizers, artists, culture workers, thought leaders, and movement builders. Rebel Speak sounds the alarm for a global movement to end systemic injustice led by people doing the day-to-day rebel work in the prison capital of the world. Prison activist, artist, and scholar Bryonn Rolly Bain brings us transformative oral history ciphers, rooted in the tradition of call-and-response, to lay bare the struggle and sacrifice on the front lines of the fight to abolish the prison industrial complex. Rebel Speak investigates the motives that inspire and sustain movements for visionary change. Sparked by a life-changing interview with working-class heroes Dolores Huerta and Harry Belafonte, Bryonn invites us to join conversations with change-makers whose diverse critical perspectives and firsthand accounts expose the crisis of prisons and policing in our communities. Through dialogues with activists including Albert Woodfox, founder of the first Black Panther Party prison chapter, and Susan Burton, founder of Los Angeles's A New Way of Life Reentry Project; a conversation with a warden pushing beyond traditions at Sing Sing Correctional Facility; and an intimate exchange with his brother returning from prison, Bryonn reveals countless unseen spaces of the movement to end human caging. Sampling his provocative sessions with influential artists and culture workers, like Public Enemy leader Chuck D and radical feminist MC Maya Jupiter, Bryonn opens up and guides discussions about the power of art and activism to build solidarity across disciplines and demand justice. With raw insight and radical introspection, Rebel Speak embodies the growing call for "credible messengers" on prisons, policing, racial justice, abolitionist politics, and transformative organizing. Reimagining the role of the writer and scholar as a DJ and MC, Bryonn moves the crowd with this unforgettable mix of those working within the belly of the beast to change the world. This is a new century's sound of movement-building and Rebel Speak.

The notion of conflict rests at the heart of the judicial function. Judges are routinely asked to resolve disputes and defuse tensions. Yet, when judges are called upon to adjudicate a purported conflict between human rights, they face particular challenges and must address specific questions. Some of these concern the very existence of human rights conflicts. Can human rights really conflict with one another, in terms of mutual incompatibility? Or should human rights be interpreted in harmony with one another? Other questions concern the resolution of real conflicts. To the extent that human rights do conflict, how should these conflicts be resolved? To what extent is balancing desirable? And if it is desirable, which understanding of balancing should judges employ? This book seeks to provide both theoretical and practical answers to these questions. When Human Rights Clash at the European Court of Human Rights: Conflict or Harmony? debates both the existence and resolution of human rights conflicts, in the specific context of the case law of the European Court of Human Rights. The contributors put forth principled and pragmatic arguments and propose theoretical as well as practical approaches, whilst firmly embedding their proposals in the case law of the European Court. Doing so, this book provides concrete ways forward in the ongoing debate on conflicts of rights at Europe's human rights court.

Current estimates of the numbers of people who will be forced from their homes as a result of climate change by the middle of the century range from 50 to 200 million. Therefore, even the most optimistic projections envisage a crisis of migration that will dwarf any we have seen so far. And yet attempts to develop legal mechanisms to deal with this impending crisis have reached an impasse that shows little sign of being overcome. This is in spite of the rapidly growing academic study and policy development in the area of climate change generally. 'Climate Refugees': Beyond the Legal Impasse? addresses a fundamental gap in academic literature and policy making - namely the legal 'no-man's land' in which the issue of climate refugees currently resides. Past proposals for the regulation of climate-induced migration are evaluated, inter alia by their original authors, and the volume also looks at current attempts to regulate climate-induced migration, including by officials from the International Organization for Migration (IOM), the office of the United Nations High Commissioner for Refugees (UNHCR) and the Platform on Displacement Disaster (PDD). Bringing together experts from a variety of academic fields, as well as officials from leading international organisations, this book will be of great interest to students and researchers of Environmental Law, Refugee Law, Human Rights Law, Environmental Studies and International Relations.

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.

Now in paperback format, this is the first work to examine data privacy laws across Asia, covering all 26 countries and separate jurisdictions, and with in-depth analysis of the 14 which have specialised data privacy laws. Professor Greenleaf demonstrates the increasing world-wide significance of data privacy and the international context of the development of national data privacy laws as well as assessing the laws, their powers and their enforcement against international standards. The book also contains a web link to an update to mid-2017.

This is a completely revised and expanded second edition, building on the first edition with two principal aims: to elucidate the role that domestic tort principles play in securing to citizens the human rights standards laid down in the European Convention on Human Rights, including the new 'remedy' under the Human Rights Act 1998; and to evaluate tort principles for compliance with those standards. The first edition was written when the Human Rights Act 1998 was newly enacted and many questions existed as to its potential impact on tort law. Answers to many of the questions, which were raised at that time, are only now emerging. Therefore, the text has been updated to reflect these developments. Whether it is appropriate to attribute particular goals and functions to tort law is highly contested and the analysis begins by locating the discussion within these contemporary debates. The author goes on to examine the extent to which the action against public authorities under section 7 of the Act has impacted on the development of common law principles, as well as the issue of horizontal effect of the Act between non-state actors. New chapters include: 'A Human Rights Based Approach to Tort Law' and 'Public Authority Liability and Privacy - From Misuse of Private Information to Autonomy.'

First cumulative supplement to the 3rd Edition now available: http://bit.ly/2t1OxGO This book provides a detailed survey of the law relating to public interest disclosure. It examines how the system has developed since the coming into force of the Public Interest Disclosure Act 1998 (PIDA), and provides up-to-date practical guidance on the key issues that arise in practice. Analysing the legal framework in the area, both under PIDA and the disparate sources of law that can apply, it provides in-depth commentary on case law and legislative developments. It examines the structure of PIDA, litigation procedure and remedies under the Act, data protection, confidentiality, copyright, defamation issues, and the Human Rights Act 1998, as well as the contractual and fiduciary duties of employees, statutory obligations (both regulatory and criminal), and the Corporate Governance Codes. Since the publication of the second edition, there have been many developments in the area, including substantial procedural amendments for Employment Tribunals, major legislative changes brought in by the Enterprise and Regulatory Reform Act 2013 (ERRA) (the first major legislative change since the Public Interest Disclosure Act 1998), and the introduction of The Public Interest Disclosure (Prescribed Persons) Order 2014 SI 2014/2148 which now lists over 60 prescribed persons to whom a disclosure may be made. Written by an author team with extensive experience in the area, and making use of checklists and worked examples, this book is an essential reference work for employment practitioners dealing with cases involving public interest disclosure issues. It will also be of interest to private and public sector employers seeking guidance on whistleblowing procedures and policies.

With the decline of public funding and new strategies pursued by interest groups, foreign private foundations and donors have become growing contributors to the European human rights justice system. These groups have created their own litigation teams, have increasingly funded NGOs litigating the European Courts, and have contributed to the content and supervision of the European judgements, which all have direct effects on the growth and procedure of human rights. European Human Rights Justice and Privatisation analyses the impacts of this private influence and the resultant effects on international relations between states, including the orientation of European jurisprudence towards Eastern countries and the promotion of private and neo-liberal interests. This book looks at the direct and indirect threat of this private influence on the independency of the European justice and on the protection of human rights in Europe.

Essential Law for Information Professionals, fourth edition, provides up-to-date and easy-to-follow practical guidance on the law as it affects information management and the principles underlying practice. Using individual cases to illustrate these core principles and contextualise regulations, it cuts through the legalese to provide exactly what's needed in an easily digestible format showing examples of how the law has worked in practice in specific legal cases. The book gives readers the tools to quickly assess legal hazards and identify solutions. Information law is a particularly fast moving area of law. In the eight years that have passed since the best-selling third edition was published, there have been many changes to the legislation and numerous legal cases which have further developed our understanding of the law. The fourth edition fully reflects those changes, which include: a new chapter on library law which covers the legal framework for libraries (concentrating on legislation and soft law relevant to libraries) implementation of the GDPR through the Data Protection Act 2018 a major overhaul of the copyright exceptions, and the 2018 implementation of the Marrakesh Treaty the Re-Use of Public Sector Information Regulations 2015 and the implications of the 2018 proposals for a new re-use directive extension of the public lending right scheme to e-books CILIP's ethical framework. Essential Law for Information Professionals is an essential guide for anyone working in the information professions. It is also the ideal legal textbook for students of information studies and librarianship.

The interaction between individual rights, which are often seen in secular terms, and religion is becoming an important and complex topic not only for academic study but for practical policy. This volume collects a range of writings from journals, edited collections and individual books which deal with different aspects of the interaction within the context of family life, and which appear with their original pagination. These studies have been selected because they throw a sharp light on central elements of the role of religion in determining the structure of the rights of family members in relation to one another, both from an historical and contemporary perspective. While many of the writings are focused on US and European systems, selected writings covering other systems illustrate the universal nature of the topic. The studies are accompanied by a reflective commentary from the editor which sets the writings in a broad context of social, constitutional and philosophical thought, with the aim of stimulating critical thought and discussion.

While almost everyone has heard of human rights, few will have reflected in depth on what human rights are, where they originate from and what they mean. A Philosophical Introduction to Human Rights - accessibly written without being superficial - addresses these questions and provides a multifaceted introduction to legal philosophy. The point of departure is the famous 1948 Universal Declaration of Human Rights, which provides a frame for engagement with western legal philosophy. Thomas Mertens sketches the philosophical and historical background of the Declaration, discusses the ten most important human rights with the help of key philosophers, and ends by reflecting on the relationship between rights and duties. The basso continuo of the book is a particular world view derived from Immanuel Kant. 'Unsocial sociability' is what characterises humans, i.e. the tension between man's individual and social nature. Some human rights emphasize the first, others the second aspect. The tension between these two aspects plays a fundamental role in how human rights are interpreted and applied.

According to the Convention on the Rights of the Child, the goal of a social justice approach for children is to ensure that children "are better served and protected by justice systems, including the security and social welfare sectors." Despite this worthy goal, the UN documents how children are rarely viewed as stakeholders in justice rules of law; child justice issues are often dealt with separate from larger justice and security issues; and when justice issues for children are addressed, it is often through a siloed, rather than a comprehensive approach. This volume actively challenges the current youth social justice paradigm through terminology and new approaches that place children and young people front and center in the social justice conversation. Through international consideration, children and young people worldwide are incorporated into the social justice conversation.

This book contributes to current debates on the protection of human rights in the 21st century. With the global economic collapse, the rise of the BRICS, the post-intervention chaos in Libya, the migration crisis in Europe, and the regional conflagration sparked by the conflict in Syria, the need to protect human rights has arguably never been greater. In light of the precipitous decline in global respect for human rights and the eruption or escalation of intra-state crises across the world, this book asks 'what is the future of human rights protection?'. Seeking to avoid both denial and fatalism, this book thus aims to: examine the principles at the very foundation of the debate on human rights; diagnose the causes of the decline of liberal internationalism so as to offer guiding lessons for future initiatives; identify those practices and developments that can, and should, be preserved in the new era; question the parameters of the contemporary debate and advance perspectives that aim to identify the contours of future ideas and practices that may offer a way forward. This book will be of much interest to students of humanitarian intervention, R2P, international organisations, human rights and security studies.

Children's rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children's rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children's rights law has a number of distinctive characteristics, such as the emphasis on the 'best interests of the child', the use of general principles, and the inclusion of 'third parties' (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could children's rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between children's rights law and human rights law - and the potential for their isolation, inspiration or integration - may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between children's rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.

International organizations are becoming increasingly powerful. Today, they affect the lives of individuals across the globe through their decisions and conduct. Consequently, international organizations are more capable of violating the human rights of individuals. But how can they be held to account for such violations? This book studies the procedural mechanisms that may hold international organizations to account for their human rights violations. It establishes a general framework for identifying, analyzing, and assessing the accountability mechanisms of international organizations. This general framework is then applied to three distinct cases: the EU's Common Security and Defence Policy missions, refugee camp administration by the UNHCR, and detention by the International Criminal Court. The overall conclusion is that none of the existing accountability mechanisms across the three cases fulfill the normative requirements set out in the general framework. However, there are significant variations between cases, and between different types of accountability mechanisms.

Domestic law has long been recognised as a source of international law, an inspiration for legal developments, or the benchmark against which a legal system is to be assessed. Academic commentary normally re-traces these well-trodden paths, leaving one with the impression that the interaction between domestic and international law is unworthy of further enquiry. However, a different - and surprisingly pervasive - nexus between the two spheres has been largely overlooked: the use of domestic law in the interpretation of international law. This book examines the practice of five international courts and tribunals to demonstrate that domestic law is invoked to interpret international law, often outside the framework of Articles 31 to 33 of the Vienna Convention on the Law of Treaties. It assesses the appropriateness of such recourse to domestic law as well as situating the practice within broader debates regarding interpretation and the interaction between domestic and international legal systems.

Since its inception, the European Convention on Human Rights has been a beacon of hope to gay men and lesbians in Europe. Going to Strasbourg: An Oral History of Sexual Orientation Discrimination and the European Convention on Human Rights provides a comprehensive account of how individuals in the United Kingdom have utilized the Convention, by way of making applications to its organs in Strasbourg in order to challenge sexual orientation discrimination. Combining an exhaustive analysis of Strasbourg case law with nineteen unique oral histories of applicants, legal professionals, and campaigners, this book is the definitive history of the role that 'going to Strasbourg' has played in eradicating discrimination and establishing legal equality on the grounds of sexual orientation in the UK.