The freedom to think what you want and to say what you think has always generated a pushback of regulation and censorship. This raises the thorny question: to what extent does free speech actually endanger speech protection? This book examines today's calls for speech legislation and places it into historical perspective, using fascinating examples from the past 200 years, to explain the historical context of laws regulating speech. Over time, the freedom to speak has grown, the ways in which we communicate have evolved due to technology, and our ideas about speech protection have been challenged as a result. Now more than ever, we are living in a free speech paradox: powerful speakers weaponize their rights in order to silence those less-powerful speakers who oppose them. By understanding how this situation has developed, we can stand up to these threats to the freedom of speech.

Using the metaphor of 'constitutional space', this thought-provoking book describes the confluence and convergence of powers in a constitutional system, comprised of the principled exercise of the legislative, executive and judicial powers of constitutional government. The book asserts that when governance is guided by principle, convergence creates greater space for all human rights and fundamental freedoms; both community and individuals thrive. Conversely when any right or freedom is given precedence over any other for reasons of political expediency, this results in the loss or diminution of human rights and fundamental freedoms. Addressing the issues surrounding the freedom of religion or belief, this timely book explores the dimensions of constitutional space and the content of this freedom, as well as comparative approaches to defining and protecting this freedom. Freedom of Religion or Belief will be a key resource for academics working in the fields of law and religion, law and society and human rights law. It will also appeal to practitioners and policy-makers working on the issue of religious freedom. Contributors include: P.T. Babie, R. Barker, A.P. Bhanu, A. Deagon, C. Evans, J. Forrester, N. Foster, M. Fowler, J. Harrison, M. Hill, J. Neoh, E.U. Ochab, J. Patrick, C. Read, N.G. Rochow, V.-I. Savic, B.G. Scharffs, P. Taylor, P. Xiong

This book draws on the analytic and political dimensions of queer, alongside the analytic and political usefulness of emotion, to navigate legal interventions aimed at progressing the rights of LGBT people. Scholars, activists, lawyers, and judges concerned with eliminating violence and discrimination against LGBT people have generated passionate conversations about pursuing law reform to make LGBT injuries, intimacies, and identities visible, while some challenge the ways legal systems marginalise queer minorities. Senthorun Sunil Raj powerfully contributes to these ongoing conversations by using emotion as an analytic frame to reflect on the ways case law seeks to "progress" the intimacies and identities of LGBT people from positions of injury. This book catalogues a range of cases from Australia, the United States, and the United Kingdom to unpack how emotion shapes the decriminalisation of homosexuality, hate crime interventions, anti-discrimination measures, refugee protection, and marriage equality. While emotional enactments in pro-LGBT jurisprudence enable new forms of recognition and visibility, they can also work, paradoxically, to cover over queer intimacies and identities. Raj innovatively shows that reading jurisprudence through emotions can make space in law to affirm, rather than disavow, intimacies and identities that queer conventional ideas about "LGBT progress", without having to abandon legal pursuits to protect LGBT people. This book will be of interest to students and scholars of human rights law, gender and sexuality studies, and socio-legal theory.

ISO/IEC 27701:2019: An introduction to privacy information management offers a concise introduction to the Standard, aiding those organisations looking to improve their privacy information management regime, particularly where ISO/IEC 27701:2019 is involved.

*Winner of the European Award for Investigative And Judicial Journalism 2021* *Winner of the Premio Alessandro Leogrande Award for Investigative Journalism 2022* 'I want to live in a society where secret power is accountable to the law and to public opinion for its atrocities, where it is the war criminals who go to jail, not those who have the conscience and courage to expose them.' It is 2008, and Stefania Maurizi, an investigative journalist with a growing interest in cryptography, starts looking into the little-known organisation WikiLeaks. Through hushed meetings, encrypted files and explosive documents, what she discovers sets her on a life-long journey that takes her deep into the realm of secret power. Working closely with WikiLeaks' founder Julian Assange and his organisation for her newspaper, Maurizi has spent over a decade investigating state criminality protected by thick layers of secrecy, while also embarking on a solitary trench warfare to unearth the facts underpinning the cruel persecution of Assange and WikiLeaks. With complex and disturbing insights, Maurizi's tireless journalism exposes atrocities, the shameful treatment of Chelsea Manning and Edward Snowden, on up to the present persecution of WikiLeaks: a terrifying web of impunity and cover-ups. At the heart of the book is the brutality of secret power and the unbearable price paid by Julian Assange, WikiLeaks and truthtellers.

Understand the CCPA (California Consumer Privacy Act) and how to implement strategies to comply with this privacy regulation. Established in June 2018, the CCPA was created to remedy the lack of comprehensive privacy regulation in the state of California. When it comes into effect on January 1, 2020, the CCPA will give California residents the right to: Learn what personal data a business has collected about them Understand who this data has been disclosed to Find out whether their personal data has been sold to third parties, and who these third parties are Opt-out of such data transactions, or request that the data be deleted. Many organizations that do business in the state of California must align to the provisions of the CCPA. Much like the EU's GDPR (General Data Protection Regulation), businesses that fail to comply with the CCPA will face economic penalties. Prepare your business for CCPA compliance with our implementation guide that: Provides the reader with a comprehensive understanding of the legislation by explaining key terms Explains how a business can implement strategies to comply with the CCPA Discusses potential developments of the CCPA to further aid compliance Your guide to understanding the CCPA and how you can implement a strategy to comply with this legislation - buy this book today to get the guidance you need! About the author Preston Bukaty is an attorney and consultant. He specializes in data privacy GRC projects, from data inventory audits to gap analyses, contract management, and remediation planning. His compliance background and experience operationalizing compliance in a variety of industries give him a strong understanding of the legal issues presented by international regulatory frameworks. Having conducted more than 3,000 data mapping audits, he also understands the practical realities of project management in operationalizing compliance initiatives. Preston's legal experience and enthusiasm for technology make him uniquely suited to understanding the business impact of privacy regulations such as the GDPR and the CCPA. He has advised more than 250 organizations engaged in businesses as varied as SaaS platforms, mobile geolocation applications, GNSS/telematics tools, financial institutions, fleet management software, architectural/engineering design systems, and web hosting. He also teaches certification courses on GDPR compliance and ISO 27001 implementation, and writes on data privacy law topics. Preston lives in Denver, Colorado. Prior to working as a data privacy consultant, he worked for an international GPS software company, advising business areas on compliance issues across 140 countries. Preston holds a juris doctorate from the University of Kansas School of Law, along with a basketball signed by Hall of Fame coach Bill Self.

Even more than the occasional and fleeting right to vote, citizens' equal and peremptory prerogatives of expression within public discourse distinguish post-World War II democracies from all earlier and rival forms of government. In fundamentally transforming public discourse, electronic media transform the very conditions of political legitimacy. Ian Cram continues to innovate at the forefront of the free speech debates by exploring that historical shift in the way we speak, and therefore in the way we govern ourselves.' - Eric Heinze, Queen Mary, University of London, UKThis monograph explores the phenomenon of 'citizen journalism' from a legal and constitutional perspective. It describes and evaluates emerging patterns of communication between a new and diverse set of speakers and their audiences. Drawing upon political theory, the book considers the extent to which the constitutional and legal frameworks of modern liberal states allow for a 'contestatory space' that advances the scope for non-traditional speakers to participate in policy debates and to hold elites to account. Topics covered include the regulation of offensive, abusive and anonymous speech, online defamation, compelled disclosure of 'journalists'' sources, private online research by jurors and analysis of the application of pre-Web 2.0 laws to non-traditional media speakers and outlets. After surveying a range of criminal and civil law provisions that impair the communicative reach of non-mainstream speakers, the broad conclusion casts doubt upon the capacity of 'citizen journalists' to effect a significant shift towards republican self-rule. Offering an original analysis of the phenomenon of 'citizen journalism' with developments from a broad range of jurisdictions, this book is a valuable resource for students, academics, policymakers and law reform agencies in the fields of constitutional law, human rights, media freedom, journalism and comparative media regulation.

This book paves the way for, and initiates, the second-generation of research in European private law subsequent to the Draft Common Frame of Reference (DCFR) needed for the 21st century.The book gives a voice to the growing dissatisfaction in academic discourse that the DCFR, as it stands in 2009, does not actually represent the condensed available knowledge on the possible future of European private law. The contributions in this book focus on the legitimacy of law making through academics both now and in the future, and on the possible conceptual choices which will affect the future of European private law. Drawing on experience gained from the DCFR the authors advocate the competition of ideas and concepts.This fascinating book will be a must-read for European lawyers, private lawyers in the Member States and academics dealing with conceptual issues of the future of the national and the European private law. Advanced students in both law and international business will also find this book invaluable, as will US scholars interested in the US?EU comparison of different legal orders.

Thirty years after the adoption of the UN Convention of the Rights of the Child, this book provides diverse perspectives from countries and regions across the globe on its implementation, critique and potential for reform. The book revolves around key issues including progress in implementing the CRC worldwide; how to include children in legal proceedings; how to uphold children's various civil rights; how to best assist children at risk; and discussions surrounding children's identity rights in a changing familial order. Discussion of the CRC is both compelling and polarizing and the book portrays the enthusiasm around these topics through contrasting and comparative opinions on a range of topics. The work provides varying perspectives from many different countries and regions, offering a wealth of insight on topics that will be of significant interest to scholars and practitioners working in the areas of children's rights and justice.

This book assesses the role of social justice in legal scholarship and its potential future development by focusing upon the 'leading works' of the discipline. The rise of socio-legal studies over recent decades has led to a more interdisciplinary approach to the study of law, which prioritises placing law into its wider social context. Recognising the role that culture, economics and politics play in the development of law is important in order to fully understand the position and impact of law in society. Innovative and written in an engaging way, this collection includes leading and emerging scholars from across the world. Each contributor has been invited to select and analyse a 'leading work', a publication which has for them shed light on the way that law and social justice are interlinked and has influenced their own understanding, scholarship, advocacy, and, in some instances, activism. The book also includes a specially written foreword and afterword, which critically reflect upon the contributions of the 'leading works' to consider the role that social justice has played in law and legal education and the likely future path for social justice in legal scholarship. This book will be an essential resource for all those working in the areas of social justice, socio-legal studies and legal philosophy. It will be of wider interest to the social sciences more generally.

This book analyses the mobilisation of race, rights and the law in Malaysia. It examines the Indian community in Malaysia, a quiet minority which consists of the former Indian Tamil plantation labour community and the urban Indian middle-class. The first part of the book explores the role played by British colonial laws and policies during the British colonial period in Malaya, from the 1890s to 1956, in the construction of an Indian "race" in Malaya, the racialization of labour laws and policies and labour-based mobilisation culminated in the 1940s. The second part investigates the mobilisation trends of the Indian community from 1957 (at the onset of Independent Malaya) to 2018. It shows a gradual shift in the Indian community from a "quiet minority" into a mass mobilising collective or social movement, known as the Hindu Rights Action Force (HINDRAF), in 2007. The author shows that activist lawyers and Indian mobilisers played a crucial part in organizing a civil disobedience strategy of framing grievances as political rights and using the law as a site of contention in order to claim legal rights through strategic litigation. Highly interdisciplinary in nature, this book will be of interest to scholars and researchers examining the role of the law and rights in areas such as sociolegal studies, law and society scholarship, law and the postcolonial, social movement studies, migration and labour studies, Asian law and Southeast Asian Studies.

Using the high-profile 2017 blasphemy trial of the former governor of Jakarta, Basuki 'Ahok' Tjahaja Purnama, as its sole case study, this book assesses whether Indonesia's liberal democratic human rights legal regime can withstand the rise of growing Islamist majoritarian sentiment. Specifically, this book analyses whether a 2010 decision of Indonesia's Constitutional Court has rendered the liberal democratic human rights guarantees contained in Indonesia's 1945 Constitution ineffective. Key legal documents, including the indictment issued by the North Jakarta Attorney-General and General Prosecutor, the defence's 'Notice of Defence', and the North Jakarta State Court's convicting judgment, are examined. The book shows how Islamist majoritarians in Indonesia have hijacked human rights discourse by attributing new, inaccurate meanings to key liberal democratic concepts. This has provided them with a human rights law-based justification for the prioritisation of the religious sensibilities and religious orthodoxy of Indonesia's Muslim majority over the fundamental rights of the country's religious minorities. While Ahok's conviction evidences this, the book cautions that matters pertaining to public religion will remain a site of contestation in contemporary Indonesia for the foreseeable future. A groundbreaking study of the Ahok trial, the blasphemy law, and the contentious politics of religious freedom and cultural citizenship in Indonesia, this book will be of interest to academics working in the fields of religion, Islamic studies, religious studies, law and society, law and development, law reform, constitutionalism, politics, history and social change, and Southeast Asian studies.

This book advances the study of the right to nationality, the prevention of statelessness, and the protection of stateless persons, taking Nigeria as a case study. Much recent literature on the subject of statelessness has been written from a US/European perspective. This work addresses this imbalance with an in-depth study of statelessness and best practice in how to prevent it in an African country. The book appraises international legal regimes on statelessness, their efficacy or otherwise in practice, what can be improved under international law, and the relevance of these regimes in the Nigerian context. The regional frameworks include those of the African Union, the Council of Europe, the EU, the Organization of American States, and the Arab League. Comparisons are also drawn with specific countries that already have an enshrined Statelessness Determination Procedure including Ivory Coast, the UK, France, Moldova, and the Netherlands, which does not have a formal procedure but has alternative means of identification. The book assesses the successes and challenges faced in these countries, and evaluates the chances for legal transplantation in Nigeria. Presenting an in-depth analysis of how statelessness is approached in the global south, the work will be of interest to researchers, academics, and policymakers working in this field as well as those concerned with nationality from an international law perspective.

This commentary offers the definitive guide to supplementary protection certificates (SPC); a key element in the regulation of the pharmaceutical and medical market within Europe. Beyond providing an overview of the European legislation and the CJEU case-law on SPCs, it also depicts and summarises national law and jurisprudence on leading pharmaceutical markets such as Germany, France and the United Kingdom as well as The Netherlands, Italy and Switzerland. Patent lawyers, those practising in the medical and pharmaceutical field as well as judges and academics will find this an invaluable resource.

It's RBG like you've never seen her before! Using a unique mix of first-person narrative, hilarious comic panels and essential facts, Dean Robbins introduces young readers to an American trailblazer. The first book in an exciting new non-fiction series, You Are a Star, Ruth Bader Ginsburg focuses on Ruth's lifelong mission to bring equality and justice to all. Sarah Green's spot-on comic illustrations bring this icon to life, and engaging backmatter instructs readers on how to be more like Ruth! Includes: hilarious comic panels essential facts.

Socio-economic rights raise many complex challenges to the traditional understanding of the nature of human rights, the role of courts in democratic society and the nature of remedies. This collection draws together the sophisticated and constructive solutions developed by the foremost thinkers to fully recognise socio-economic rights, demonstrating how traditional concepts and obstacles can be re-characterised and modified to ensure respect for the indivisibility of human rights. This important collection provides crucial insights into the emerging and perennial challenges to socio-economic rights. Including an original introduction, it is an ideal resource for those new to the study of socio-economic rights, academics, policy makers and all those interested in using human rights to achieve social justice.

This book examines rights issues in relation to visual privacy in the use of civilian drones. Here, visual privacy is described as the freedom from a combination of unwanted activities directed towards an individual, such as observing, recording, and publishing of personal visual information without an individual's consent. The book answers the question of whether visual observation of an individual with the help of the camera systems onboard a civilian drone is lawful in light of EU law. It also discusses the legality of the subsequent recordings and publications. The issues are considered in terms of the European Convention of Human Rights, the Charter of Fundamental Rights of the European Union, the case law of the European Court of Human Rights and the Court of Justice of the European Union and EU General Data Protection Regulation. The book will be a valuable resource for researchers, academics and policy-makers working in the areas of technology, privacy and human rights law.

This Handbook provides an intellectually rigorous and accessible overview of the relationship between natural law and human rights. It fills a crucial gap in the literature with leading scholarship on the importance of natural law as a philosophical foundation for human rights and its significance for contemporary debates. The themes covered include: the role of natural law thought in the history of human rights; human rights scepticism; the different notions of 'subjective right'; the various foundations for human rights within natural law ethics; the relationship between natural law and human rights in religious traditions; the idea of human dignity; the relation between human rights, political community and law; human rights interpretation; and tensions between human rights law and natural law ethics. This Handbook is an ideal introduction to natural law perspectives on human rights, while also offering a concise summary of scholarly developments in the field.

Two extremely positive reviews which cite the need for such a book; The direction to include caste within the Equality Act 2010 in the UK has led to heightened interest in the meaning of caste and its interpretation through law; Cross-market potential with the Asian Studies list; Will be of great interest to academics and students of human rights law, equality and discrimination law, international human rights law, minority rights and area studies (South Asia and its diaspora). It will also be of relevance to practitioners and those in the public and NGO sectors involved in the implementation and enforcement of equality law in the UK.

This unique book examines whether there is sufficient human rights accountability for undertakings supported by bilateral state development and export credit agencies. In contrast to leading international development and financial actors such as the World Bank, the accountability of bilateral development and export credit agencies has, to date, remained widely unexplored. This book analyses the effectiveness of the human rights system in allowing affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. It provides a comprehensive examination of development and export credit agencies' legal nature and explores three legal pathways open to claimants: host state responsibility, home state responsibility and corporate responsibility. Furthermore, it includes empirical data on the corporate responsibility process in seven agencies. Barbara Linder concludes that there is a significant human rights accountability gap with regards to bilateral development and export credit agency supported undertakings. The final chapters make recommendations for strengthening human rights accountability and improving access to justice for adversely affected individuals. Academics and professional lawyers working at the intersection of human rights, development cooperation and investment will find this a compelling body of work. The book provides information on existing case law, highlights human rights accountability gaps and outlines illustrative case studies that will act as a valuable point of reference.

The papers collected in this volume highlight the complex dynamic relationship between citizenship - as membership status - and the constitutional law which provides the cornerstone of all polities. It shows the many different ways in which we must use constitutional law in order fully to understand how one becomes a citizen, and what the meaning of citizenship is. Edited by a leading authority in the field, this volume contains the key works which cover national, transnational and international aspects of the topic, and the book provides a particular focus on how constitutional law constructs and upholds the range of citizenship rights. With an original introduction by the editor, this timely collection will be a valuable source of reference for students, academics and practitioners interested in citizenship and constitutional law.

In this enlightening book, John Mukum Mbaku analyses the main challenges of constitutional design and the construction of governance institutions in Africa today. He argues that the central issues are: providing each country with a constitutional order that is capable of successfully managing sectarian conflict and enhancing peaceful coexistence; protecting the rights of citizens ? including those of minorities; minimizing the monopolization of political space by the majority (to the detriment of minorities); and, effectively preventing government impunity. Mbaku offers a comprehensive analysis of various approaches to the management of diversity, and shows how these approaches can inform Africa?s struggle to promote peace and good governance. He explores in depth the existence of dysfunctional and anachronistic laws and institutions inherited from the colonial state, and the process through which laws and institutions are formulated or constructed, adopted, and amended. A close look at the constitutional experiences of the American Republic provides important lessons for constitutional design and constitutionalism in Africa. Additionally, comparative politics and comparative constitutional law also provide important lessons for the management of diversity in African countries. Mbaku recommends state reconstruction through constitutional design as a way for each African country to provide itself with laws and institutions that reflect the realities of each country, including the necessary mechanisms and tools for the protection of the rights of minorities. From students and scholars to NGOs, lawyers and policymakers, this unique and judicious book is an essential tool for all those seeking to understand and improve governance and development in Africa.

The book relates the two often segregated academic literatures- discrimination and stigma- so it is an important contribution

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.

Religion, Rights and Secular Society by Peter Cumper and Tom Lewis is a both timely and important publication. In a series of highly interesting and well-written essays - some of which are case studies covering many different European nations whereas others are more theoretical - the book looks at a key paradox in contemporary Europe: the relatively high levels of secularity in most European countries on the one hand, and the marked resurgence of religion in public debates on the other. While never pretending that there are ready answers to the problems of reconciling secular and religious values in Europe, the contributors make it quite clear that Europeans need to return to questions about religion that they had previously regarded as being settled. This is food for thought at a very high level!' - Helle Porsdam, University of Copenhagen, DenmarkThis topical collection of chapters examines secular society and the legal protection of religion and belief across Europe, both in general and more nation-specific terms. The expectations of many that religion in modern Europe would be swept away by the powerful current of secularization have not been realized, and today few topics generate more controversy than the complex relationship between religious and secular values. The 'religious/secular' relationship is examined in this book, which brings together scholars from different parts of Europe and beyond to provide insights into the methods by which religion and equivalent beliefs have been, and continue to be, protected in the legal systems and constitutions of European nations. The contributors chapters reveal that the oft-tumultuous legacy of Europe s relationship with religion still resonates across a continent where legal, political and social contours have been powerfully shaped by faith and religious difference. Covering recent controversies such as the Islamic headscarf, and the presence of the crucifix in school class-rooms, this book will appeal to academics and students in law, human rights and the social sciences, as well as law and policy makers and NGOs in the field of human rights. Contributors include: S. Bacquet, P. Cumper, E. Daly, G. Davie, P.W. Edge, A.C. Emilianides, T. Lewis, T. Loenen, V.A. Lykes, J. Mertus, M. Morav ikova, J.S.