The principle of effective judicial protection ('PEJP') is specifically provided for in the EU Charter of Fundamental Rights Article 47. But how effective is the provision and the protection it affords? This ambitious, innovative project examines that question over two volumes. In the first volume an expert team explores how the Court of Justice of the European Union (CJEU) has interpreted the PEJP, as expressed in particular by Article 47, in selected policy areas, and reflects on the impact of the principle on the EU's constitutional structure. Taking both a horizontal interpretation, analysing the constitutional themes in play, and a vertical one, which looks at the Court's interpretation in specific policy areas, it shows the interplay of the protection within the wider architecture of the EU. Addressing key questions such as legal certainty, judicial autonomy and division of competences, it significantly adds to our understanding of judicial protection within the EU.

This thought-provoking book explores the emerging construction of a customary law of peace in Latin America and the developing jurisprudence of the Inter-American Court of Human Rights. It traces the evolution of peace as both an end and a means: from a negative form, i.e. the absence of violence, to a positive form that encompasses equality, non-discrimination and social justice, including gendered perspectives on peace. Cecilia M. Bailliet offers an overview of the normative and institutional development of peace in Latin America, before examining the heterogeneous iterations of peace within Latin American constitutions and the pluralistic views of current and former judges in the Inter-American Court of Human Rights. The book argues that these national variants should be in accordance with the American Convention on Human Rights and related instruments as a minimum framework, and should be interpreted in pursuit of the pro homine principle, in which the most favourable law is applied to benefit individuals regardless of its origin or status. It also presents an overview of the historic protest marches of 2019 and the phenomenon of oppressive peace tactics by the State. This book will be critical reading for scholars and students of peace studies, human rights, Latin American studies, gender studies, constitutional and international public law, and legal history. It will also be of interest for policy makers and peace practitioners both in Latin America and beyond.

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

This fresh and insightful Research Handbook delivers global perspectives on information law and governance, delving into principles of information law in the areas of trade secrecy, privacy, data protection and cybersecurity. Providing US, Japanese and European perspectives, this Research Handbook presents an overview of legal regimes concerning the protection of information, with a particular focus on trade secrecy protection. Top international contributors offer analyses of general principles of information law, rights in data, the tension between trade secrecy and the freedom of information and the cross-fertilisation between national and regional data protection regimes. Presenting an interdisciplinary and holistic approach to information law and governance, this innovative Research Handbook will be useful to those researching trade secrets, privacy and data security laws. The broad range of perspectives will also appeal to attorneys and information professionals who are engaged in information governance activities on behalf of their clients or employers.

Contrary to how it is often portrayed, the concept of human rights is not homogeneous. Instead it appears fragmented, differing in scope, focus, legal force and level of governance. Using the lens of key case studies, this insightful book contemplates human rights integration and fragmentation from the perspective of its users. The fragmentation of human rights law has resulted in an uncoordinated legal architecture that can create obstacles for effective human rights protection. Against this background, expert contributors examine how to make sense - in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate. They consider whether there is a need for more integration and the potential ways in which this might be achieved. The research presented illustrates the pivotal role that users play in shaping, implementing, interpreting and further developing human rights law. Offering an innovative perspective to the debate, this book will appeal to both students and academics interested in human rights and the methodological approaches that can be used in furthering its research. Practitioners and policy makers will also benefit from the forward thinking insights into how an integrated approach to human rights could look. Contributors include: E. Brems, E. Bribosia, P. De Hert, E. Desmet, E.K. Dorneles de Andrade, M. Holvoet, D. Inman, B. Oomen, S. Ouald-Chaib, I. Rorive, S. Smis, O. Van der Noot, S. Van Drooghenbroeck

Based on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda. Offering an authoritative analysis of Hindu and Buddhist traditions, Surya P. Subedi, KC, focuses on the norms underpinning these two seminal Eastern philosophies to assess the extent to which the ancient civilisations already have human rights values embedded in them. Chapters explore the expression of values in the scriptures and practices of these philosophies, assessing their influence on the contemporary understanding of human rights. Rejecting the argument based on ''Asian Values'' that is often used to undermine the universality of human rights, the book argues that secularism, personal liberty and universalism are at the heart of both Hindu and Buddhist traditions. The unique perspective offered by Human Rights in Eastern Civilisations will appeal to students, academics and researchers in a wide range of disciplines, including human rights, international law and relations, and religious studies.

This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights. Leading experts in the human rights field representing a range of disciplines outline a future research agenda to address poverty and inequality head on. Beginning with an interrogation of the definition of poverty, subsequent chapters analyse the dynamics of poverty and inequality in relation to matters such as race, gender, age, disability, sexual orientation, geography and migration status. The rights to housing, land, health, work, education, protest and access to justice are also explored, with a recognition of the challenges posed by corruption, climate change and new technologies. The Research Handbook on Human Rights and Poverty is an essential reference guide for those who teach in these areas and for scholars and students developing future research agendas of their own. This will also be a much-needed resource for people working practically to address poverty in both the Global North and Global South.

Utilizing the ethos of human rights, this insightful book captures the development of the moral imagination of these rights through history, culture, politics, and society. Moving beyond the focus on legal protections, it draws attention to the foundation and understanding of rights from theoretical, philosophical, political, psychological, and spiritual perspectives. The book surveys the changing ethos of human rights in the modern world and traces its recent histories and process of change, delineating the ethical, moral, and intellectual shifts in the field. Chapters incorporate and contribute to the debates around the ethics of care, considering some of the more challenging philosophical and practical questions. It highlights how human rights thinkers have sought to translate the ideals that are embodied in the Universal Declaration of Human Rights into action and practice. Interdisciplinary in nature, this book will be critical reading for scholars and students of human rights, international relations, and philosophy. Its focus on potential answers, approaches, and practices to further the cause of human rights will also be useful for activists, NGOs, and policy makers in these fields.

This timely and insightful book brings together scholars from a range of disciplines to evaluate the role of human rights in tackling the global challenges of poverty and economic inequality. Reflecting on the concrete experiences of particular countries in tackling poverty, it appraises the international success of human rights-based approaches. Drawing on insights from philosophy, history, economics and politics, contributors consider a range of questions concerning the nature of human rights and their possible relationship to poverty, inequality and development. Chapters interrogate human rights-based approaches and question whether the normative human rights framework provides a sound foundation for addressing global poverty and equitable distribution of resources. Probing practical questions concerning the extent to which international human rights institutions have been effective in combating poverty, this thought-provoking book considers possible strategies in response to the challenges that lie ahead. Offering robust and provocative guidelines for the future of human rights and development, this unique book will be indispensable for academics and researchers investigating the intersection of human rights and poverty, particularly those interested in human rights-based approaches to tackling inequality. Its practical insights will also benefit policy makers in need of novel methodologies for promoting equality.

This insightful book provides a timely review of the potential threats of advertising technologies, or adtech. It highlights the need to protect internet users not only from privacy risks, but also as consumers and citizens online dealing with a highly complex technological setting. Jiahong Chen illustrates a concise overview of the technical, economic and legal aspects of adtech together with coverage of other important areas. These include: the ongoing debates around online advertising and data protection, an up-to-date analysis of the application of the GDPR, and insights into both the practices and theories of the regulation of data protection law. The book provides a clear picture of what is truly at stake with online advertising practices, concluding with a critical assessment of the current regime and a proposed approach to reform data protection laws. This book will provide essential reading for researchers and law students requiring an overview of the legal framework and current practices, alongside legal practitioners and policymakers evaluating the benefits and risks of data-driven technologies.

This new addition to Hart's acclaimed Landmark Cases series is a diverse and engaging edited collection bringing together eminent commentators from the United Kingdom, the United States, Australia, Canada, and New Zealand, to analyse cases of enduring significance to privacy law. The book tackles the conceptual nature of privacy in its various guises, from data protection, to misuse of private information, and intrusion into seclusion. It explores the practical issues arising from questions about the threshold of actionability, the function of remedies, and the nature of damages. The cases selected are predominantly English but include cases from the United States (because of the formative influence of United States' privacy jurisprudence on the development of privacy law), Australia, Canada, the Court of Justice of the European Union, and the European Court of Human Rights. Each chapter considers the reception and application (and, in some instances, rejection) outside of the jurisdiction where the case was decided.

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

This book investigates the law's approach to suicide in England and Wales. It explores the seismic shift in perceptions of the law's role in respect of suicide from imprisonment as a punishment for attempting suicide, to courts hearing arguments about whether there is not only a right to suicide but also a right to assistance in suicide. This development stands alongside a global recognition of suicide prevention as a public health priority. In this book, the dual priorities of respect for autonomy and the protection of human life are recognised as equally important and the legal issues surrounding suicide in a range of different contemporary contexts, including suicide in prison and juvenile suicide, are considered. The book also investigates what the relationship between mental health and suicide means for its legal regulation, and evaluates the enduring legal offence of assisted suicide, particularly in the context of the terminally ill. It is argued that a more refined approach to the topic of voluntary death should be recognised in the law; one that distinguishes more clearly between autonomous decision-making about the end of life, and incapacitated self-caused risks to life that require effective preventative interventions.

This Research Handbook provides a panoramic guide to the study and research of EU citizenship and its development within a challenging environment characterised by restrictive access to social benefits, Brexit, Euroscepticism and Covid-19. It combines theoretical perspectives with analyses of both the existing and future rights, duties and social protection that EU citizens ought to enjoy in a democratic and principled European Union. Featuring expert contributions from scholars both within and outside the discipline of law, the Research Handbook focuses on contemporary challenges facing the EU, such as Brexit, the erosion of rights and issues of constitutional choice for the citizens and governments of Europe, and highlights the reality of incomplete implementation of EU law and the role of the Court of Justice of the EU. A wide range of topics are discussed, featuring, but not limited to, differentiation, EU citizenship and nationality, the European Pillar of Social Rights, academic freedom and restrictions in free movement of persons. The book also applies a forward thinking approach by examining the promise of EU citizenship and the institutional reforms one might envisage in the future. Offering a thought-provoking contribution to ongoing debates and studies in the fields of EU citizenship, European internal market law and policy and European integration, this Research Handbook will be key reading for researchers, academics and postgraduate students in the fields of law, political science, EU studies, and sociology.

In a digitally connected world, the question of how to respect, protect and fulfil human rights has become unavoidable. Uniting research from scholars and practitioners, this contemporary Handbook offers new insights into well-established debates surrounding digital technologies by framing them in terms of human rights. An international group of expert contributors explore the issues posed by the management of key Internet resources, the governance of its architecture, the role of different stakeholders, the legitimacy of rule-making and rule-enforcement, and the exercise of international public authority over users. Highly interdisciplinary, the Handbook draws on law, political science, and international relations, as well as computer science and science and technology studies in order to engage with human rights aspects of the digitally connected world. The chapters examine in depth current topics relating to human rights and security, internet access, surveillance, automation, trade, and freedom of expression. This comprehensive and engaging Handbook will be vital reading for both researchers and students in law, human rights, international politics, international relations and technology studies. Policy-makers seeking an understanding of the state of human rights in technology will also find this book a highly useful resource. Contributors include: W. Benedek, D. Bigo, D. Brodowski, G. Contissa, P. de Hert, M. Dunn Cavelty, T. Engelhardt, B. Farrand, M I. Franklin, M.I. Ganesh, M. Graham, S. Horth, L. Jasmontaite, R.F. Jorgensen, C. Kavanagh, M.C. Kettemann, D. Korff, G. Lansdown, E. Light, S. Livingstone, A. Millikan, J.A. Obar, G. Sartor, G. Sobliye, A. Third, M. Tuszynski, K. Vieth, B. Wagner, T. Wetzling, M. Zalnieriute

Human rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments in human rights law and policy, illustrated with case studies from Africa, Europe, and the Americas. Contesting Human Rights traces the balance between the dynamics of diffusion, resistance and innovation in the field. The book examines a range of issues from the effectiveness of norm-promotion by advocacy campaigns to the backlash facing human rights advocates. The expert contributors suggest that new opportunities at and below the state level, and creative contests of global governance, can help reconstruct human rights in the face of modern challenges. Critical case studies trace new pathways emerging in the United Nations' Universal Periodic Review, regional human rights courts, constitutional incorporation of international norms, and human rights cities. With its innovative approach to human rights and comprehensive coverage of global, national and regional trends, Contesting Human Rights will be an invaluable tool for scholars and students of human rights, global governance, law and politics. It will also be useful for human rights advocates with a keen interest in the evolution of the human rights landscape. Contributors include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P. Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S. Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl

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

The concept of supranational European citizenship has become one of the core concepts of the EU?s unique polity. It has, however, been one of the most difficult to actualise. This book examines the challenges of, and barriers to, exercising full citizenship rights for European citizens and considers how they might best be overcome. Drawing on cutting-edge research from interdisciplinary areas of study, this book examines the key issues surrounding EU citizenship. Reflecting on the diversity of European societies, it identifies, analyses and compares the many barriers that citizens face to fully exercising their rights. With chapters examining key issues from migration to democratic governance and social rights, Moving Beyond Barriers critically analyzes concepts of citizenship and the way that EU citizenship is politically, legally, economically and socially institutionalised, and elaborates alternatives to the current paths of realising EU citizenship. Citizenship issues feature prominently in the European policy-making agenda and the insights offered by this book will be of benefit to those with an interest in EU law, social and public policy and administration. Policy-makers and practitioners will also benefit from the reflections on citizenship and the practical guidance on how to move beyond current issues regarding EU citizenship. Contributors include: B. Anderson, W. Bakker, V. Baricevic, F. Cheneval, S. de Vries, D. di Micco, O. Eberl, M. Ferrin, M.-P. Granger, M. Hoogenboom, E. Ioriatti, T. Knijn, N. Kosti, D. Levi-Faur, M. Naldini, M. Prak, E. Pulice, M. Seeleib-Kaiser, S. Seubert, I. Shutes, M. van der Kolk, F. van Waarden, S. Walker, P. Wallis

*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.

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