The right to development (RTD) seeks to address global inequities hidden in world politics and global institutions through the game of influences played by powerful actors. The negative impacts of the Atlantic slave trade, colonialism, and the subjugation of Africa through globalisation and its institutions are key factors that have caused Africa and African people claiming their RTD. This book examines how the African continent protects the right to development, examining the nature of the RTD and controversies surrounding it and how it is implemented. The book then goes onto explore the RTD at the regional level including through the jurisprudence of the African Commission and the African Court on Human Rights, at the sub-regional level including in sub-regional courts and tribunals, at the national levels through case studies and through the African Union governance institutions. Through this examination, the author unveils what are the prospects and challenges to the realisation of the RTD in Africa.

This book is an essential resource for anyone who wants to understand race in America, drawing on research from a variety of fields to answer frequently asked questions regarding race relations, systemic racism, and racial inequality. This work is part of a series that uses evidence-based documentation to examine the veracity of claims and beliefs about high-profile issues in American culture and politics. This particular volume examines the true state of race relations and racial inequality in the United States, drawing on empirical research in the hard sciences and social sciences to answer frequently asked questions regarding race and inequality. The book refutes falsehoods, misunderstandings, and exaggerations surrounding these topics and confirms the validity of other assertions. Assembling this empirical research into one accessible place allows readers to better understand the scholarly evidence on such high-interest topics as white privilege, racial bias in criminal justice, media bias, housing segregation, educational inequality, disparities in employment, racial stereotypes, and personal attitudes about race and ethnicity in America. The authors draw from scholarly research in biology, genetics, medicine, sociology, psychology, anthropology, and economics (among many other fields) to answer these questions, and in doing so they provide readers with the information to enter any conversation about American race relations in the 21st century as informed citizens. Addresses beliefs and claims regarding race and ethnicity in America in an easy-to-navigate question-and-answer format Draws from empirical research in a variety of scholarly fields and presents those findings in a single, lay-friendly location to aid understanding of complex issues Provides readers with leads to conduct further research in extensive Further Reading sections for each entry Examines claims made by individuals and groups of all political backgrounds and ideologies

This book philosophically explores how changing conceptions of race and equality have affected Supreme Court interpretations of the Equal Protection Clause of the 14th Amendment to the U.S. Constitution over the years. In the years since the 14th Amendment was ratified in 1868, in its decisions interpreting the Equal Protection Clause, the Supreme Court has switched from using a sociocultural concept of race to using a biological concept of race, and during the same time period has switched from using a social to a legal concept of equality. One result of these trends is the recent emergence of something called 'reverse discrimination.' Another result is that the Equal Protection Clause no longer specially protects racialized persons from racial discrimination, as it was originally intended to do. Using the tools of legal hermeneutics, critical philosophy of race, and critical race theory, key cases of racial discrimination in equal protection law are examined through a historical lens. The Supreme Court's switch, over the years, from interpreting the Equal Protection Clause as specially protecting racialized persons from continued racial discrimination after the end of the institution of chattel slavery, to interpreting the Clause as protecting everyone from racial discrimination, is tracked alongside changing conceptions of race and equality. As the concept of race became biological, the concept of equality became legal, and the result was the elimination of remedying the negative effects of chattel slavery on the equality status of racialized persons from the Supreme Court's list of priorities.

The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women's political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women's equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.

Surveillance of citizens is a clear manifestation of government power. The act of surveillance is generally deemed acceptable in a democratic society where it is necessary to protect the interests of the nation and where the power is exercised non-arbitrarily and in accordance with the law. Surveillance and the Law analyses the core features of surveillance that create stark challenges for transparency and accountability by examining the relationship between language, power, and surveillance. It identifies a number of features of surveillance law, surveillance language, and the distribution of power that perpetuate the existing surveillance paradigm. Using case studies from the US, the UK, and Ireland, it assesses the techniques used to maintain the status quo of continued surveillance expansion. These jurisdictions are selected for their similarities, but also for their key constitutional distinctions, which influence how power is distributed and restrained in the different systems. Though the book maintains that the classic principles of transparency and accountability remain the best means available to limit the arbitrary exercise of government power, it evaluates how these principles could be better realised in order to restore power to the people and to maintain an appropriate balance between government intrusion and the right to privacy. By identifying the common tactics used in the expansion of surveillance around the globe, this book will appeal to students and scholars interested in privacy law, human rights, information technology law, and surveillance studies.

This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom. The author also examines domestic and international law in respect of artists' moral rights, the law of copyright and related laws. In short, the book provides an original, and sometimes controversial, analysis of persistent concerns regarding the legal regulation of the arts universally, doctrinally and theoretically, and seeks to offer an holistic treatment which will appeal to art lawyers, artists and those interested in the future of the arts.

How can businesses and their shareholders avoid moral and legal complicity in human rights violations? This central and contemporary issue in the field of ethics, politics and law is of concern to intergovernmental organizations such as the UN and to many NGOs, as well as investors and employees. In this volume legal scholars and political philosophers identify and address the intertwined issues of moral and legal complicity in human rights violations by companies and those who invest in them. By describing the legal aspects of human rights violations in the corporate sphere, addressing the complicity of companies with regard to such norms and exploring the influence of investors, the book provides a thorough introduction to corporate social responsibility. Human Rights, Corporate Complicity and Disinvestment will set the research agenda on socially responsible investment for years to come.

The principles of freedom of expression have been developed over centuries. How are they reserved and passed on? How can large internet gatekeepers be required to respect freedom of expression and to contribute actively to a diverse and plural marketplace of ideas? These are key issues for media regulation, and will remain so for the foreseeable decades. The book starts with the foundations of freedom of expression and freedom of the press, and then goes on to explore the general issues concerning the regulation of the internet as a specific medium. It then turns to analysing the legal issues relating to the three most important gatekeepers whose operations directly affect freedom of expression: ISPs, search engines and social media platforms. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international developments (Council of Europe, European Union) as well as the jurisprudence of the European Court of Human Rights.

How can we understand and contest the global wave of violence against women? In this book, Alison Brysk shows that gender violence across countries tends to change as countries develop and liberalize, but not in the ways that we might predict. She shows how liberalizing authoritarian countries and transitional democracies may experience more shifting patterns and greater levels of violence than less developed and democratic countries, due to changes and uncertainties in economic and political structures. Accordingly, Brysk analyzes the experience of semi-liberal, developing countries at the frontiers of globalization-Brazil, India, South Africa, Mexico, the Philippines, and Turkey-to map out patterns of gender violence and what can be done to change those patterns. As the book shows, gender violence is not static, nor can it be attributed to culture or individual pathology-rather it varies across a continuum that tracks economic, political, and social change. While a combination of international action, law, public policy, civil society mobilization, and changes in social values work to decrease gender violence, Brysk assesses the potential, limits, and balance of these measures. Brysk shows that a human rights approach is necessary but not sufficient to address gender violence, and that insights from feminist and development approaches are essential.

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.

Since 2005, approximately 70,000 asylum-seeking refugees from Sudan and Eritrea have entered Israel. This, along with the highly publicised anti-African immigrant riots in Israel in 2012 and 2014 and the current global refugee crisis, has meant that the issue of African migration has become increasingly controversial. Here Gilad Ben-Nun looks at this phenomenon in its historical and contemporary contexts, and compares it to the wider debates surrounding the Palestinian refugees in the region and the concept of their right of return. He argues that this newer, African migration issue has forced Israel to move from conceiving of itself as an 'exceptional' state and now has to view itself as a more 'normal' and 'universal' entity. Ranging as far back as Israel's important role in the the ratification drafting of the 1951 Refugee Convention and drawing on a variety of methodologies and sources, Ben-Nun offers a wide-ranging legal, social and historical examination of asylum in Israel, that sheds timely light onto themes of migration and identity across the Middle East. This is essential reading for legal historians and lawyers, as well as scholars working on migration studies and the history and politics of the Middle East.

Jus ad bellum and jus in bello are established concepts in contemporary international law. This book is the first work to treat the origins, contents and contemporary challenges of jus post bellum. It offers new analysis and fresh thinking on one of the greatest challenges of warfare and armed force: the management and restoration of peace after conflict. Fundamental issues, such as the extraterritorial application of human rights obligations, the accountability of occupying powers and international organizations and approaches towards justice and reconciliation, are at the heart of contemporary debate. New concepts, such as the notion of responsibility to protect are gradually emerging. This book addresses these issues from a novel perspective. It identifies legal gaps and policy challenges and inquires to what extent they may be addressed under a common normative umbrella: Jus Post Bellum. The individual contributions offer guidance on shortcomings, directions and possible avenues of reform. In this way, the authors - from various disciplines, such as philosophy, legal history, political science and international law - contribute to the emerging scholarship in this field. Carsten Stahn is a Reader in Public International Law and International Criminal Justice, at the Swansea University School of Law, UK. Jann K. Kleffner is Assistant Professor at the Amsterdam University Center of International Law, The Netherlands, and the Managing Editor of the Yearbook of International Humanitarian Law.

This book offers a comprehensive analysis of the extent, method, purpose and effects of domestic and international courts' judicial dialogue on human rights. The analysis covers national courts' judicial dialogue from different regions of the world, including Eastern Europe, Latin America, Canada, Nigeria and Malaysia. The text is complemented by studies on specific subject matters such as LGTBI people's and asylum seekers' rights that further contribute to a better understanding of factors that stimulate or hold back judicial dialogue, and by first hand insights of domestic and European Court of Human Rights judges into their courts' involvement in judicial dialogue. The book features contributions from leading scholars and judges, whose combined perspectives provide an interesting and timely study.

About one-third of the world's population currently lives under pluri-legal systems where governments hold individuals subject to the purview of ethno-religious rather than national norms in respect to family law. How does the state-enforcement of these religious family laws impact fundamental rights and liberties? What resistance strategies do people employ in order to overcome the disabilities and limitations these religious laws impose upon their rights? Based on archival research, court observations and interviews with individuals from three countries, Yuksel Sezgin shows that governments have often intervened in order to impress a particular image of subjectivity upon a society, while people have constantly challenged the interpretive monopoly of courts and state-sanctioned religious institutions, re-negotiated their rights and duties under the law, and changed the system from within. He also identifies key lessons and best practices for the integration of universal human rights principles into religious legal systems.

The law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression, including freedom of the media, and the right to reputation. The rules of defamation law are designed to mediate between these two rights. The central proposition that this book makes is that defamation law needs to be reformed to balance the conflicting rights. This discussion flows from a theoretical analysis of the rights in issue; the value underlying the right to reputation that has most resonance is human dignity, while the value that is most apposite to freedom of expression in this context is the argument that free speech is integral to democracy. The argument from democracy emphasizes that speech on matters of public interest should receive greater protection than private speech. This book argues that fundamental rules of defamation law need to be reformed to take into account the dual importance of public interest speech on the one hand, and the right to human dignity on the other. In particular, the presumptions that defamatory allegations are false and have caused damage, the principle of strict liability to primary publishers and negligence liability to secondary publishers, and the availability of punitive damages, should not survive constitutional scrutiny. The quantum of damages and costs rules, and the remedies available in defamation cases, should also be reformed to reflect the importance of dignity to the claimant, and the free speech interest of the public in receiving accurate information on matters of public interest.

During a 1931 trial of four Nazi stormtroopers, known as the Eden Dance Palace trial, Hans Litten grilled Hitler in a brilliant and merciless three-hour cross-examination, forcing him into multiple contradictions and evasions and finally reducing him to helpless and humiliating rage (the transcription of Hitler's full testimony is included.) At the time, Hitler was still trying to prove his embrace of legal methods, and distancing himself from his stormtroopers. The courageous Litten revealed his true intentions, and in the process, posed a real threat to Nazi ambition.
When the Nazis seized power two years after the trial, friends and family urged Litten to flee the country. He stayed and was sent to the concentration camps, where he worked on translations of medieval German poetry, shared the money and food he was sent by his wealthy family, and taught working-class inmates about art and literature. When Jewish prisoners at Dachau were locked in their barracks for weeks at a time, Litten kept them sane by reciting great works from memory. After five years of torture and hard labor-and a daring escape that failed-Litten gave up hope of survival. His story was ultimately tragic but, as Benjamin Hett writes in this gripping narrative, it is also redemptive. "It is a story of human nobility in the face of barbarism."
The first full-length biography of Litten, the book also explores the turbulent years of the Weimar Republic and the terror of Nazi rule in Germany after 1933. [in sidebar] Winner of the 2007 Fraenkel Prize for outstanding work of contemporary history, in manuscript. To be published throughout the world.

Limited legal protections for privacy leave minority communities vulnerable to concrete injuries and violence when their information is exposed. In Privacy at the Margins, Scott Skinner-Thompson highlights why privacy is of acute importance for marginalized groups. He explains how privacy can serve as a form of expressive resistance to government and corporate surveillance regimes - furthering equality goals - and demonstrates why efforts undertaken by vulnerable groups (queer folks, women, and racial and religious minorities) to protect their privacy should be entitled to constitutional protection under the First Amendment and related equality provisions. By examining the ways even limited privacy can enrich and enhance our lives at the margins in material ways, this work shows how privacy can be transformed from a liberal affectation to a legal tool of liberation from oppression.

On the 50th anniversary of the landmark Civil Rights Act of 1964, Raymond F. Gregory evaluates our progress towards the full implementation of one of the law's key provisions: Title VII, which prohibits discrimination in the workplace. Gregory looks at key litigation as the law has come to include discrimination based on more than just race, but on gender, age, ethnicity, and sexual orientation. From the segregationist policies of the past to lingering workplace oppression in the form of sexual harassment, age discrimination, and religious conflicts, the places we work have always been the scenes of some of our greatest civil rights battles, with continued discriminatory issues and challenges routinely on their most visible display. This study of the landmark cases, rulings, and debates surrounding workplace discrimination of all kinds sheds light on the cultural tensions we grapple with in America, and on the broader history of oppression suffered, recognized, and overcome, in the 50 years since this country passed its Civil Rights Act.While a detailed history of the legal history of civil rights and America's workplace discrimination, this book also outlines positive ways forward for our society as we continue to diversify and redefine what it means to be respectful of our fellow citizens' most inalienable, protected, and sacred rights.

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 European Union has committed itself to combating racism as a general objective of law and policy. EU legislation requires Member States to introduce laws prohibiting racial discrimination in many aspects of everyday life, including employment, education, healthcare, and housing. Alongside legislation requiring action at national level, the EU institutions have also made periodic commitments to 'mainstream' racial equality: taking anti-racism objectives into account within all areas of EU law and policy.
This book analyses the extent to which the objectives of combating racism and promoting ethnic equality have been effectively mainstreamed throughout a wide range of EU policy fields. It begins by considering what combating racism means in the contemporary context of the enlarged EU. Bell explores what mainstreaming ethnic equality objectives entails, and whether the priorities and instruments differ from those adopted in the earlier mainstreaming of gender equality, or those used on other discrimination grounds. The second part of the book examines the extent to which EU law and policy objectives have, in practice, been integrated, exploring the effects in the key areas of employment, social inclusion (including education, health and housing), immigration, and criminal law.

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.

Chief Justice John Marshall argued that a constitution "requires that only its great outlines should be marked and] its important objects designated." Ours is "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs." In recent years, Marshall's great truths have been challenged by proponents of originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed and applied as it was when the Framers wrote it.
In Keeping Faith with the Constitution, three legal authorities make the case for Marshall's vision. They describe their approach as "constitutional fidelity"--not to how the Framers would have applied the Constitution, but to the text and principles of the Constitution itself. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it vital, applications of the Constitution must be shaped by precedent, historical experience, practical consequence, and societal change. The authors range across the history of constitutional interpretation to show how this approach has been the source of our greatest advances, from Brown v. Board of Education to the New Deal, from the Miranda decision to the expansion of women's rights. They delve into the complexities of voting rights, the malapportionment of legislative districts, speech freedoms, civil liberties and the War on Terror, and the evolution of checks and balances.
The Constitution's framers could never have imagined DNA, global warming, or even women's equality. Yet these and many more realities shape our lives and outlook. Our Constitution will remain vital into our changing future, the authors write, if judges remain true to this rich tradition of adaptation and fidelity.

In many countries today there is a growing and genuinely-held concern that the institutional arrangements for the protection of human rights suffer from a 'democratic deficit'. Yet at the same time there appears to be a new consensus that human rights require legal protection and that all branches of the state have a shared responsibility for upholding and realising those legally protected rights. This volume of essays tries to understand this paradox by considering how parliaments have sought to discharge their responsibility to protect human rights. Contributors seek to take stock of the extent to which national and sub-national parliaments have developed legislative review for human rights compatibility, and the effect of international initiatives to increase the role of parliaments in relation to human rights. They also consider the relationship between legislative review and judicial review for human rights compatibility, and whether courts could do more to incentivise better democratic deliberation about human rights. Enhancing the role of parliaments in the protection and realisation of human rights emerges as an idea whose time has come, but the volume makes clear that there is a great deal more to do in all parliaments to develop the institutional structures, processes and mechanisms necessary to put human rights at the centre of their function of making law and holding the government to account. The sense of democratic deficit is unlikely to dissipate unless parliaments empower themselves by exercising the considerable powers and responsibilities they already have to interpret and apply human rights law, and courts in turn pay closer attention to that reasoned consideration. 'I believe that this book will be of enormous value to all of those interested in human rights, in modern legislatures, and the relationship between the two. As this is absolutely fundamental to the characterand credibility of democracy, academic insight of this sort is especially welcome. This is an area where I expect there to be an ever expanding community of interest.' From the Foreword by the Rt Hon John Bercow MP, Speaker of the House of Commons

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.