The complex legal situations arising from the coexistence of international law, state law, and social and religious norms in different parts of the world often include scenarios of conflict between them. These conflicting norms issued from different categories of 'laws' result in difficulties in describing, identifying and analysing human rights in plural environments. This volume studies how normative conflicts unfold when trapped in the aspirations of human rights and their local realizations. It reflects on how such tensions can be eased, while observing how and why they occur. The authors examine how obedience or resistance to the official law is generated through the interaction of a multiplicity of conflicting norms, interpretations and practices. Emphasis is placed on the actors involved in raising or decreasing the tension surrounding the conflict and the implications that the conflict carries, whether resolved or not, in conditions of asymmetric power movements. It is argued that legal responsiveness to state law depends on how people with different identities deal with it, narrate it and build expectations from it, bearing in mind that normative pluralism may also operate as an instrument towards the exclusion of certain communities from the public sphere. The chapters look particularly to expose the dialogue between parallel normative spheres in order for law to become more effective, while investigating the types of socio-legal variables that affect the functioning of law, leading to conflicts between rights, values and entire cultural frames.

More than any other people on earth, we Americans are free to say and write what we think. The press can air the secrets of government, the corporate boardroom, or the bedroom with little fear of punishment or penalty. This extraordinary freedom results not from America's culture of tolerance, but from fourteen words in the constitution: the free expression clauses of the First Amendment.

In "Freedom for the Thought That We Hate," two-time Pulitzer Prize-winner Anthony Lewis describes how our free-speech rights were created in five distinct areas--political speech, artistic expression, libel, commercial speech, and unusual forms of expression such as T-shirts and campaign spending. It is a story of hard choices, heroic judges, and the fascinating and eccentric defendants who forced the legal system to come face to face with one of America's great founding ideas.

Although human rights belong to all persons on the basis of their humanity, this book demonstrates that in the practice of international human rights law, the freedom to be non-religious or atheist does not receive the same protection as the freedom to be religious. Despite the claimed universality of freedom of religion and belief contained in article 18 of the International Covenant on Civil and Political Rights, the key assertion made is that there is a hierarchy of religion and belief, with followers of major established religions enjoying high protection and low regulation at the top, and atheists and non-believers enduring high persecution and weaker protection at the bottom. The existence of this hierarchy is proven and critiqued through three case study chapters that respectively explore the extent to which non-religious and atheist rights-holders enjoy freedom from proselytism, freedom from hate and freedom from the religions of their parents.

In this study, an audit of British compliance with international human rights standards is carried out. The book identifies 44 violations and 19 near violations. It provides an up-to-date description of law and practice with respect of freedom of information, freedom of expression, freedom of assembly and public protest, freedom of association and trade unionism, state surveillance, the right to life and liberty, and the right to vote and stand in elections. This study looks at both the political and legal aspects of political freedom in the UK. It measures political freedom specifically against international standards and provides the "Human Rights Index" - a system for measuring political rights which may be used to monitor legislation in the UK from 1997 or in any country in the rest of the world.

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Danielle Citron takes the conversation about technology and privacy out of the boardrooms and op-eds to reach readers where we are - in our bathrooms and bedrooms; with our families and our lovers; in all the parts of our lives we assume are untouchable - and shows us that privacy, as we think we know it, is largely already gone. The boundary that once protected our intimate lives from outside interests is an artefact of the 20th century. In the 21st, we have embraced a vast array of technology that enables constant access and surveillance of the most private aspects of our lives. From non-consensual pornography, to online extortion, to the sale of our data for profit, we are vulnerable to abuse. As Citron reveals, wherever we live, laws have failed miserably to keep up with corporate or individual violators, letting our privacy wash out with the technological tide. And the erosion of intimate privacy in particular, Citron argues, holds immense toxic power to transform our lives and our societies for the worse (and already has). With vivid examples drawn from interviews with victims, activists and lawmakers from around the world, The Fight for Privacy reveals the threat we face and argues urgently and forcefully for a reassessment of privacy as a human right. And, as a legal scholar and expert, Danielle Citron is the perfect person to show us the way to a happier, better protected future.

''When the exception becomes the norm, the power of the sovereign is arbitrary, just as in pre-democratic times. But such arbitrariness is not random: it is applied primarily to certain categories of what used to be called ''the lower orders'' of society - the undocumented immigrants and the racially ''other,'' regardless of prior citizenship status. The very notion of citizen becomes vague and the status can be lost through a Kafkaesque process in which the state is unfathomable and often acts behind the scenes. This book edited by Devyani Prabhat brings together academics and lawyers working in the field of nationality and immigration laws, and shows how what has long been a feature of the labor market, namely, the precarious nature of jobs, has now become a feature of basic rights of ''belonging.'' Citizenship is precarious too. The chapters in this volume lead us straight to the question: What is the rule of law in such state of indistinction? Societies in decadence, like the current Western powers, entwine retrenchment with resentment, the exceptional with the normal, the in-group with the out-group. Devyani Prabhat and her colleagues analyze with great precision the alarming advance of legal imprecision, the interests that are vested in categorical confusion, and the erosion of basic rights in societies like the UK and the US - notably the right of persons to reside in peace and without fear.' - Juan Corradi, New York University, US This innovative book considers the evolution of the contemporary issues surrounding British citizenship, integrating the social aspects and ideas of identity and belonging alongside its legal elements. With contributions from renowned lawyers and academics, it challenges the view that there are immutable values and enduring rights associated with citizenship status. The book is organised into three thematic parts. Expert contributors trace the life cycle of the citizenship process, focusing on becoming a British citizen, retaining this citizenship with its associated rights, and the potential loss of citizenship owing to immigration controls. Through a critical examination of the concepts and content of British citizenship, the premise that citizenship retracts from full membership in society in times of turmoil is questioned. Wide-ranging and interdisciplinary, Citizenship in Times of Turmoil? will be a key resource for scholars and students working within the fields of migration, citizenship and immigration law. Including details of legal practice, it will also be of benefit to practitioners.

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it - both in modern secular states and in countries with an established religion or theocratic mode of government. This book provides an analysis of the general concept of religious liberty along with a close study of important cases that can serve as test beds for conflict resolution proposals. It combines the insights of both pure academics and experienced legal practitioners to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, the USA, the Netherlands, and Canada. Presenting a broad range of views, this often provocative volume makes for fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights.

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.

With this book, the authors provide a practical, experience-based guide for advocates seeking remedies for human rights violations through the use of international institutions. They offer step-by-step approaches for maximizing the institutions 'intended effect' promotion of human rights at all levels. Since 1948, when the United Nations adopted the Universal Declaration of Human Rights, mechanisms for addressing human rights violations have multiplied to include UN Charter based bodies, treaty-based organizations including the international criminal court, and regional institutions. Each mechanism has its own admissibility requirements: accreditation, timeliness of claims and exhaustion of remedies. For practitioners, the maze of rules and institutions can be difficult to navigate. The authors are able to offer guidance on how to work within international criminal and human rights mechanisms in a way that is useful to non-government actors and applies to English-speaking practitioners almost anywhere on the globe. These pages will serve as an indispensable manual for human rights practitioners, defenders and lawyers, members of non-governmental organizations engaged in advocacy and the students, scholars and faculty of law schools.

The human rights issues in Japan are multifaceted. Over decades, domestic and international human rights organisations have raised concerns, but government obstinacy has meant there has been little progress. Recommendations of UN human rights bodies are routinely ignored, and statements by the government in the Japanese parliament regarding these recommendations have been dismissive. At the review of Japan's implementation of the International Covenant on Civil and Political Rights in 2014, Professor Nigel Rodley, then chair of the UN Human Rights Committee, lamented the lack of true engagement by Japan and the country's unwillingness to take any action on the conclusions of UN human rights bodies. Equally worrying is the clear trend over recent years of popular publications bashing neighbouring countries and their nationals living in Japan as well as UN human rights bodies. This book explores the issues surrounding human rights in Japan, and what the future might hold for the country.

This collection sets about untangling some of the knotty issues in the underexplored relationship between human rights and the media. We investigate how complex debates in political, judicial, academic and public life on the role and value of human rights are represented in the media, particularly, in print journalism. To focus the discussion, we concentrate on media representation of the controversial proposals in the United Kingdom to repeal the Human Rights Act 1998 and to replace it with a British Bill of Rights. The collection is underpinned by the observation that views on human rights and on the proposals to repeal and replace are polarised. On the one hand, human rights are presented as threatening and, therefore, utterly denigrated; on the other hand, human rights are idolised, and, therefore, uncritically celebrated. This is the 'fear and fetish' in our title. The media plays a decisive role in constructing this polarity through its representation of political and ideological viewpoints. In order to get to grips with the fear, the fetish and this complex interrelationship, the collection tackles key contemporary themes, amongst them: the proposed British Bill of Rights, Brexit, prisoner-voting, the demonisation of immigrants, press freedom, tabloid misreporting, trial by media and Magna Carta. The collection explores media representation, investigates media polarity and critiques the media's role.

With Brexit looming, a major issue facing UK Higher Education is whether the UK will be able to stay in the Erasmus Programme. This book sits at the intersection of three main interrelated themes - EU citizenship, the current state of the university in Europe, and student mobility - as they play out in the context of an EU funded programme established not least to promote European identity, European consciousness and European citizenship. Exploring through interviews with students from many countries, this book weaves together the themes of citizenship creation as a device for building a nation and a polity, the university as a public space in the era of the marketization of higher education, and communicative interaction as the mechanism by which citizenship is created. Ultimately it asks if the building bricks of national citizenship can be transposed to the transnational scale, and assist in creating the transnational, EU citizenship. It finds, surprisingly, that far from encouraging and facilitating the communicative interaction on which the development of EU citizenship was postulated, central features of the Erasmus Programme inadvertently work against this outcome. This book will be of key interest to scholars and students of EU law and European and EU studies, Citizenship Studies, sociology, and more broadly to higher education in general.

Sudan and South Sudan have suffered from repeated cycles of conflict and authoritarianism resulting in serious human rights and humanitarian law violations. Several efforts, such as the 2005 Comprehensive Peace Agreement and transitional justice initiatives have recognized that the failure to develop a stable political and legal order is at the heart of Sudan's governance problems. Following South Sudan's independence in 2011, parallel constitutional review processes are under way that have prompted intense debates about core issues of Sudan's identity, governance and rule of law, human rights protection and the relationship between religion and the State. This book provides an in-depth study of Sudan's constitutional history and current debates with a view to identifying critical factors that would enable Sudan and South Sudan to overcome the apparent failure to agree on and implement a stable order conducive to sustainable peace and human rights protection. It examines relevant processes against the broader (constitutional) history of Sudan and identifies the building blocks for constitutional reforms through a detailed analysis of Sudanese law and politics. The book addresses constitutionalism and constitutional rights protection in their political, legal and institutional context in Sudan and South Sudan, and the repercussions of the relationship between state and religion for the right to freedom of religion, minority rights and women's rights.

'Noncitizenship', if it is considered at all, is generally seen only as the negation or deprivation of citizenship. It is rarely examined in its own right, whether in relation to States, to noncitizens, or citizens. This means that it is difficult to examine successfully the status of noncitizens, obligations towards them, and the nature of their role in political systems. As a result, not only are there theoretical black holes, but also the real world difficulties created as a result of noncitizenship are not currently successfully addressed. In response, Theorising Noncitizenship seeks to define the theoretical challenge that noncitizenship presents and to consider why it should be seen as a foundational concept in social science. The contributions, from leading scholars in the field and across disciplinary backgrounds, capture a diversity of perspectives on the meaning, position and lived experience of noncitizenship. They demonstrate that, we need to look beyond citizenship in order to take noncitizenship seriously and to capture fully the lived realities of the contemporary State system. This book was previously published as a special issue of Citizenship Studies.

This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia. Bringing together academics and experts from a variety of jurisdictions, it reflects upon the impact on human rights of the application of more than a decade of the "War on Terror" as enunciated soon after 9/11. The volume identifies and critically examines the principal and enduring resonances of the concept of the "War on Terror". The examination covers not only the obvious impacts but also the more insidious and enduring changes within domestic laws. The rationale for this collection is therefore not just to plot how the "War on Terror" has operated within the folds of the cloak of liberal democracy, but how they render that cloak ragged, especially in the sight of those sections of society who pay the heaviest price in terms of their human rights. This book engages with the public policy strand of the last decade that has arguably most shaped perceptions of human rights and engendered debates about their worth and meaning. It will be of interest to researchers, academics, practitioners, and students in the fields of human rights law, criminal justice, criminology, politics, and international studies.

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

The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers insight into the concepts and principles that are key to understanding the European Convention and the Court's case law. It explains how the Court approaches its cases and its decision-making process, illustrated by numerous examples taken from the Court's judgments. Core issues discussed include types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common-ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and the requirements for the restriction of Convention rights.

The field of transitional justice has expanded rapidly since the term first emerged in the late 1990s. Its intellectual development has, however, tended to follow practice rather than drive it. Addressing this gap, Violence, Law and the Impossibility of Transitional Justice pursues a comprehensive theoretical inquiry into the foundation and evolution of transitional justice. Presenting a detailed deconstruction of the role of law in transition, the book explores the reasons for resistance to transitional justice. It explores the ways in which law itself is complicit in perpetuating conflict, and asks whether a narrow vision of transitional justice - underpinned by a strictly normative or doctrinal concept of law - can undermine the promise of justice. Drawing on case material, as well as on perspectives from a range of disciplines, including law, political science, anthropology and philosophy, this book will be of considerable interest to those concerned with the theory and practice of transitional justice.

In times of increasing migration flows, Greece is often viewed as the gateway to Europe for significantly high numbers of asylum-seeking individuals, including unaccompanied minors. Between 2016 and 2020, under Greek law unaccompanied children were to be temporarily placed in a protective environment upon irregular entry, pending referral to suitable accommodation. However, in reality they were being subjected to detention procedures instead. Giving voice to migrant children and professionals throughout, the author combines legal analysis with criminology and unveils the discrepancy between the law and practice. The findings demonstrate that unaccompanied children in Greece are criminalised through detention processes, while being deprived of the right to be heard. This book promotes child-friendly practices in the international migration setting, with a view to safeguarding the fundamental rights of unaccompanied minors experiencing detention upon arrival in host countries.

In Frontiers of Gender Equality, editor Rebecca Cook enlarges the chorus of voices to introduce new and different discourses about the wrongs of gender discrimination and to explain the multiple dimensions of gender equality. This volume demonstrates that the wrongs of discrimination can best be understood from the perspective of the discriminated, and that gender discrimination persists and grows in new and different contexts, widening the gap between the principle of gender equality and its realization, particularly for subgroups of women and LGBTQ+ peoples. Frontiers of Gender Equality provides retrospective views of the struggles to eliminate gender discrimination in national courts and international human rights treaties. Focusing on gender equality enables comparisons and contrasts among these regimes to better understand how they reinforce gender equality norms. Different regional and international treaties are examined, those in the forefront of advancing gender equality, those that are promising but little known, and those whose focus includes economic, social, and cultural rights, to explore why some struggles were successful and others less so. The book illustrates how gender discrimination continues to be normalized and camouflaged, and how it intersects with other axes of subordination, such as indigeneity, religion, and poverty, to create new forms of intersectional discrimination. With the benefit of hindsight, the book's contributors reconstruct gender equalities in concrete situations. Given the increasingly porous exchanges between domestic and international law, various national, regional, and international decisions and texts are examined to determine how better to breathe life into equality from the perspectives, for instance, of Indigenous and Muslim women, those who were violated sexually and physically, and those needing access to necessary health care, including abortion. The conclusion suggests areas of future research, including how to translate the concept of intersectionality into normative and institutional settings, which will assist in promoting the goals of gender equality.

This book discusses the procedural rights enjoyed by those being investigated under Articles 81 and 82 of the EC Treaty and of the Merger Control Regulation, and their right to challenge the Commission's decision in the Community Courts. It further assesses how their rights to 'due process' in competition proceedings before the European Commission comply with the notion of 'administrative fairness' enshrined in the European Convention on Human Rights, in accordance with the case law of the European Court of Human Rights. In this study, Arianna Andreangeli takes into account key developments such as modernisation and its impact on competition proceedings before the Commission, the debate on the principles of legal professional privilege, the protection against self incrimination, the rule of ne bis in idem and the possibility of establishing an 'EU competition court'. It offers an examination of the right to be heard, the right to have access to the Commission-held evidence, and to legal professional privilege, and the right to silence and to seek judicial review of Commission decisions and assess them in the light of the Strasbourg court's case law. Academics active in the area of competition law, EU law and human rights, as well as practitioners active in the area of competition law will find much to interest them in this book.

Questions of religious liberty have become flashpoints of controversy in virtually every area of life around the world. Despite the protection of religious liberty at both national and supranational levels, there is an increasing number of conflicts concerning the proper way to recognize it - both in modern secular states and in countries with an established religion or theocratic mode of government. This book provides an analysis of the general concept of religious liberty along with a close study of important cases that can serve as test beds for conflict resolution proposals. It combines the insights of both pure academics and experienced legal practitioners to take a fresh look at the nature, scope and limits of religious liberty. Divided into two parts, the collection presents a blend of legal and philosophical approaches, and draws on cases from a wide range of jurisdictions, including Brazil, India, Australia, the USA, the Netherlands, and Canada. Presenting a broad range of views, this often provocative volume makes for fascinating reading for academics and researchers working in the areas of law and religion, legal philosophy and human rights.