Human rights are considered one of the big ideas of the early twenty-first century. This book presents in an authoritative and readable form the variety of platforms on which human rights law is practiced today, reflecting also on the dynamic inter-relationships that exist between these various levels. The collection has a critical edge. The chapters engage with how human rights law has developed in its various subfields, what (if anything) has been achieved and at what cost, in terms of expected or produced unexpected side-effects. The authors pass judgment about the consistency, efficacy and success of human rights law (set against the standards of the field itself or other external goals). Written by world-class academics, this Companion will be essential reading for students and scholars of human rights law.

Why do governments pass freedom of information laws? The symbolic power and force surrounding FOI makes it appealing as an electoral promise but hard to disengage from once in power. However, behind closed doors compromises and manoeuvres ensure that bold policies are seriously weakened before they reach the statute book. The politics of freedom of information examines how Tony Blair's government proposed a radical FOI law only to back down in fear of what it would do. But FOI survived, in part due to the government's reluctance to be seen to reject a law that spoke of 'freedom', 'information' and 'rights'. After comparing the British experience with the difficult development of FOI in Australia, India and the United States - and the rather different cases of Ireland and New Zealand - the book concludes by looking at how the disruptive, dynamic and democratic effects of FOI laws continue to cause controversy once in operation. -- .

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

Investigating a fast-developing field of public policy, Stephen Winter examines how states redress injuries suffered by young people in state care. Considering ten illustrative exemplar programmes from Australia, Canada, Ireland, and Aotearoa New Zealand, Winter explores how redress programmes attempt to resolve the anguish, injustice, and legacies of trauma that survivors experience. Drawing from interviews with key stakeholders and a rich trove of documentary research, this book analyses how policymakers should navigate the trade-offs that survivors face between having their injuries acknowledged and the difficult, often retraumatising, experience of attaining redress. A timely critical engagement with this contentious policy domain, Winter presents empirically driven recommendations and a compelling argument for participatory, flexible, and survivor-focussed programmes. This title is also available as Open Access on Cambridge Core.

This book explores the comparative historical evolution of the European, Inter-American and African regional human rights systems. The book devotes attention to various factors that have shaped the systems: the different circumstances in which they were founded; the influence of major states and inter-state politics within their respective regions; gradual processes of institutional evolution; and the impact of human rights advocates and claimants. Throughout, the book devotes careful attention to the impact of institutional and procedural choices on the functioning of human rights systems. Overarchingly, the book explores the contextually-generated differences between the three systems, suggesting that human rights practice is less unitary than it might at times appear. Prescriptively, the book proposes that, contrary to the received wisdom in some quarters, the Inter-American system's dual-track approach may provide the most promising model in regards to future human rights system design.

Many governments, large institutions, and collective actors rely on the principle of solidarity to embed social policies on firm normative and legal grounds. In this original volume, a multidisciplinary roster of scholars come together to examine the contributions - and challenges -implicit in relying on the idea of solidarity to 'inscribe' this principle in social policies. Chapters explore how the dependence on the solidarity principle, and especially on inclusive understandings of solidarity, can strengthen or weaken institutions and movements. The volume's contributors cover developments across decades with a multilevel approach exploring dynamic interactions between local, national, and supranational arenas in pursuing and adjudicating the solidarity principle. Unique and innovative, Inscribing Solidarity examines the implications and dynamics of solidarity across a variety of terrains to illuminate its concrete limitations and specific advantages. This title is also available via Open Access on Cambridge Core.

Citizenship in Modern Britain is a readable text that examines citizenship from a social science perspective. The subject matter has been divided into three sections, corresponding to each of the AQA AS Level modules. The text also provides all the necessary academic material required for examinable citizenship courses, supported and developed by a series of research, practical and discursive activities. These activities have been designed not only extend to students' knowledge of the subject, but also to encourage thought, debate and evaluation.

This book is essential for students taking AS level Citizenship. It also provides excellent support for students who are studying subjects that have close links to citizenship issues such as sociology, law, Government and politics and general studies.

Natalie Davidson offers an alternative account of Alien Tort Statute litigation by revisiting the field's two seminal cases, Filartiga (filed 1979) and Marcos (filed 1986), lawsuits ostensibly concerned with torture in Paraguay and the Philippines, respectively. Combining legal analysis, archival research and ethnographic methods, this book reveals how these cases operated as transitional justice mechanisms, performing the transition of the United States and its allies out of the Cold War order. It shows that US courts produced a whitewashed history of US involvement in repression in the Western bloc, while in Paraguay and the Philippines the distance from US courts allowed for a more critical narration of the lawsuits and their underlying violence as symptomatic of structural injustice. By exposing the political meanings of these legal landmarks for three societies, Davidson sheds light on the blend of hegemonic and emancipatory implications of international human rights litigation in US courts.

Post-Racial Constitutionalism and the Roberts Court: Rhetorical Neutrality and the Perpetuation of Inequality provides the first comprehensive Critical Race Theory critique of the United States Supreme Court under Chief Justice John Roberts. Since being named to the Court in 2005, Chief Justice Roberts has maintained a position of neutrality in his opinions on race. By dissecting neutrality and how it functions as a unifying feature in all the Court's race jurisprudence, this book illustrates the consequences of this ostensible impartiality. By examining the Court's racial jurisprudence dating back to the Reconstruction, the book shows how the Court has actively rationalized systemic oppression through neutral rhetoric and the elevation of process-based decisional values, which are rooted in democratic myths of inclusivity and openness. Timely and trenchant, the book illustrates the permanence of racism and how neutrality must be rejected to achieve true empowerment and substantive equality.

As the climate emergency intensifies, rights-based climate cases - litigation that is based on human rights law - are becoming an increasingly important tool for securing more ambitious climate action. This book is the first to offer a systematic analysis of the universe of these cases known as human rights and climate change (HRCC) cases. By combining theory, empirical documentation, and strategic debate among preeminent scholars and practitioners from around the world, the book captures the roots, legal innovations, empirical richness, impact, and challenges of this dynamic field of sociolegal practice. It looks specifically at the sociolegal origins and trajectory of HRCC cases, the legal innovations of this type of litigation, and the strategies and impacts of these cases. In doing so, this book equips litigators, researchers, practitioners, students, and concerned citizens with an understanding of an important method of holding governments and corporations accountable for climate harms. This book is also available as Open Access on Cambridge Core.

Taking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. As such, it represents a much-needed complement to traditional textbooks in Public Law. Including insights from a diverse list of contributors, the book: * Enriches students' understanding of the dynamics that emerge within public law; * Highlights the impact of historical and societal inequities on public law norms; * Demonstrates the ways in which those norms may impact minorities and perpetuate inequalities. With most chapters written by underrepresented or minoritised persons in the field, this text offers students a critical, rich, and insightful approach to public law.

This book is the first to systematically examine Chinese refugee law and policy. It provides in-depth legal and policy analysis and makes recommendations to relevant stakeholders, drawing upon not only existing legal and policy scholarships but also empirical information acquired through field visits and interviews with refugees, former refugees, and staff of governmental and non-governmental organisations working with displaced population. It is a timely response to rapidly growing international interest in and demand for information about Chinese and Asian approaches to refugee protection in academia and the policy sector.

Since September 11, 2001, thousands of individuals in the U.S. have been needlessly swept up in the War on Terror and found themselves subject to a wide range of human and civil rights abuses, from rendition and torture, to workplace discrimination, bullying, FBI surveillance and harassment. In their own words, the narrators of Patriot Acts recount their lives before the 9/11 attacks and their experiences of the backlash that have deeply altered their lives and communities.This book seeks to tell the life stories of the innocent men and women who have been needlessly swept up in the "war on terror." As we approach the ten-year anniversary of 9/11, this collection of narratives gives voice to the people who have had their human rights violated here in the U.S. by post-9/11 policies and actions. Among the narrators: Young men of Arab, Muslim, South Asian, and Middle Eastern descent, who were arrested and detained or singled out for voluntary interviews because of their national origin or religion. Scholars who have been blacklisted or subjected to interrogation for their research or writings on Islam and related topics. Muslim women who have suffered from job discrimination, harassment, and assault for wearing a veil or similar head covering.

Since September 11, 2001, thousands of individuals in the U.S. have been needlessly swept up in the War on Terror and found themselves subject to a wide range of human and civil rights abuses, from rendition and torture, to workplace discrimination, bullying, FBI surveillance and harassment. In their own words, the narrators of Patriot Acts recount their lives before the 9/11 attacks and their experiences of the backlash that have deeply altered their lives and communities.This book seeks to tell the life stories of the innocent men and women who have been needlessly swept up in the "war on terror." As we approach the ten-year anniversary of 9/11, this collection of narratives gives voice to the people who have had their human rights violated here in the U.S. by post-9/11 policies and actions. Among the narrators: Young men of Arab, Muslim, South Asian, and Middle Eastern descent, who were arrested and detained or singled out for voluntary interviews because of their national origin or religion. Scholars who have been blacklisted or subjected to interrogation for their research or writings on Islam and related topics. Muslim women who have suffered from job discrimination, harassment, and assault for wearing a veil or similar head covering.

Emerging neurotechnology offers increasingly individualised brain information, enabling researchers to identify mental states and content. When accurate and valid, these brain-reading technologies also provide data that could be useful in criminal legal procedures, such as memory detection with EEG and the prediction of recidivism with fMRI. Yet, unlike in medicine, individuals involved in criminal cases will often be reluctant to undergo brain-reading procedures. This raises the question of whether coercive brain-reading could be permissible in criminal law. Coercive Brain-Reading in Criminal Justice examines this question in view of European human rights: the prohibition of ill-treatment, the right to privacy, freedom of thought, freedom of expression, and the privilege against self-incrimination. The book argues that, at present, the established framework of human rights does not exclude coercive brain-reading. It does, however, delimit the permissible use of forensic brain-reading without valid consent. This cautionary, cutting-edge book lays a crucial foundation for understanding the future of criminal legal proceedings in a world of ever-advancing neurotechnology.

In Malone v. UK (Plenary 1984), the right to an effective domestic remedy in the European Convention on Human Rights Article 13 was famously described as one of the most obscure clauses in the Convention. Since then, the European Court of Human Rights has reinforced the scope and application of the right. Through an analysis of virtually all of the Court's judgments concerning Article 13, the book exhaustively accounts for the development and current scope and content of the right. The book also provides normative recommendations on how the Court could further develop the right, most notably how it could be a tool to regulate the relationship between domestic and international protection of human rights. In doing so, the book situates itself within larger debates on the enforcement of the entire Convention such as the principle of subsidiarity and the procedural turn in the Court's case law.

In our globalised world, where inequality is deepening and migration movements are increasing, states continue to maintain strong regulatory control over immigration, health and social policies. Arguments based on state sovereignty can be employed to differentiate irregular migrants from other groups and reduce their right to physical and mental health to the provision of emergency medical care, even where resources are available. Drawing on the enabling and constraining factors of human rights law and public health, this book explores the scope and limits of the right to health of migrants in irregular situations, in international and European human rights law. Addressing these peoples' health solely with an exceptional medical paradigm is inconsistent with the special attention granted to people in vulnerable situations and non-discrimination in human rights, the emerging rights-based approach to disability, the social priorities of public health and the interdependence of human rights.

The electoral successes of right-wing populists since 2016 have unsettled world politics. The spread of populism poses dangers for human rights within each country, and also threatens the international system for protecting human rights. Human Rights in a Time of Populism examines causes, consequences, and responses to populism in a global context from a human rights perspective. It combines legal analysis with insights from political science, international relations, and political philosophy. Authors make practical recommendations on how the human rights challenges caused by populism should be confronted. This book, with its global scope, international human rights framing, and inclusion of leading experts, will be of great interest to human rights lawyers, political scientists, international relations scholars, actors in the human rights system, and general readers concerned by recent developments.

A new edition of a seminal text in Critical Race Theory Since the publication of the third edition of Critical Race Theory: An Introduction in 2017, the United States has experienced a dramatic increase in racially motivated mass shootings and a pandemic that revealed how deeply entrenched medical racism is and how public disasters disproportionately affect minority communities. We have also seen a sharp backlash against Critical Race Theory, and a president who deemed racism a thing of the past while he fanned the flames of racial intolerance and promoted nativist sentiments among his followers. Now more than ever, the racial disparities in all aspects of public life are glaringly obvious. Taking note of all these developments, this fourth edition covers a range of new topics and events and addresses the rise of a fierce wave of criticism from right-wing websites, think tanks, and foundations, some of which insist that America is now colorblind and has little use for racial analysis and study. Award-winning authors Richard Delgado and Jean Stefancic also address the rise in legislative efforts to curtail K–12 teaching of racial history. Critical Race Theory, Fourth Edition, is essential for understanding developments in this burgeoning field, which has spread to other disciplines and countries. The new edition also covers the ways in which other societies and disciplines adapt its teachings and, for readers wanting to advance a progressive race agenda, includes new readings and questions for discussion aimed at outlining practical steps to achieve this objective.

The book launches with examples, concrete cases, or political confrontations to explain how to conceive the safeguards at stake. It portrays these as embodying principles requiring particular actions and the implementation of policies. For instance, free speech demands permitting seemingly offensive expression plus promoting a diverse and open public debate. The work scrutinizes specific guaranties, such as those pertaining to asylum, citizenship, abortion, due process, self-determination, or the environment. It presents them as engendering problems peculiar to them. Next, the discussion dissects how precepts, like human rights and democracy, may contingently clash despite their overall commensurability. Finally, it underscores the interconnection of negative, substantive, and national entitlements with their positive, procedural, and international counterparts. Throughout, ruminations on the following questions unfold: How may courts and governments respectively contribute to actualizing the liberties at issue? How do these bear upon social justice? How may ideologically opposed states nonetheless collaborate on them?

Judges often behave in surprising ways when they re-interpret laws and constitutions. Contrary to existing expectations, judges regularly abandon their own established interpretations in favor of new understandings. In Reconstructing Rights, Stephan Stohler offers a new theory of judicial behavior which demonstrates that judges do not act alone. Instead, Stohler shows that judges work in a deliberative fashion with aligned partisans in the elected branches to articulate evolving interpretations of major statutes and constitutions. Reconstructing Rights draws on legislative debates, legal briefs, and hundreds of judicial opinions issued from high courts in India, South Africa, and the United States in the area of discrimination and affirmative action. These materials demonstrate judges' willingness to provide interpretative leadership. But they also demonstrate how judges relinquish their leadership roles when their aligned counterparts disagree. This pattern of behavior indicates that judges do not exercise exclusive authority over constitutional interpretation. Rather, that task is subject to greater democratic influence than is often acknowledged.

In Digital Data Collection and Information Privacy Law, Mark Burdon argues for the reformulation of information privacy law to regulate new power consequences of ubiquitous data collection. Examining developing business models, based on collections of sensor data - with a focus on the 'smart home' - Burdon demonstrates the challenges that are arising for information privacy's control-model and its application of principled protections of personal information exchange. By reformulating information privacy's primary role of individual control as an interrupter of modulated power, Burdon provides a foundation for future law reform and calls for stronger information privacy law protections. This book should be read by anyone interested in the role of privacy in a world of ubiquitous and pervasive data collection.

"I never look at my case as just my own, or just as a Japanese- American case. It is an American case, with principles that affect the fundamental human rights of all Americans." -Gordon K. Hirabayashi

In 1942, University of Washington student Gordon Hirabayashi defied the curfew and mass removal of Japanese Americans on the West Coast, and was subsequently convicted and imprisoned as a result. In "A Principled Stand," Gordon's brother James and nephew Lane have brought together his prison diaries and voluminous wartime correspondence to tell the story of "Hirabayashi v. United States," the Supreme Court case that in 1943 upheld and on appeal in 1987 vacated his conviction. For the first time, the events of the case are told in Gordon's own words. The result is a compelling and intimate story that reveals what motivated him, how he endured, and how his ideals deepened as he fought discrimination and defended his beliefs.

"A Principled Stand" adds valuable context to the body of work by legal scholars and historians on the seminal Hirabayashi case. This engaging memoir combines Gordon's accounts with family photographs and archival documents as it takes readers through the series of imprisonments and court battles Gordon endured. Details such as Gordon's profound religious faith, his roots in student movements of the day, his encounters with inmates in jail, and his daily experiences during imprisonment give texture to his storied life.

Gordon K. Hirabayashi (1918-2012) was awarded the Presidential Medal of Freedom in May 2012. He was professor emeritus of sociology at the University of Alberta, in Edmonton. James A. Hirabayashi (1926-2012) was professor emeritus of Asian American Studies at San Francisco State University. Lane Ryo Hirabayashi is professor of Asian American Studies and the George and Sakaye Aratani Professor of the Japanese American Incarceration, Redress, and Community at UCLA.

""A Principled Stand" makes an important contribution to understanding both Gordon Hirabayashi's life and the horrible episode in this country's history that was the internment." -Lorraiane Bannai, Fred T. Korematsu Center for Law and Equality, Seattle University School of Law

When and how might the term genocide appropriately be ascribed to the experience of North American Indigenous nations under settler colonialism? Laurelyn Whitt and Alan W. Clarke contend that, if certain events which occurred during the colonization of North America were to take place today, they could be prosecuted as genocide. The legal methodology that the authors develop to establish this draws upon the definition of genocide as presented in the United Nations Genocide Convention and enhanced by subsequent decisions in international legal fora. Focusing on early British colonization, the authors apply this methodology to two historical cases: that of the Beothuk Nation from 1500-1830, and of the Powhatan Tsenacommacah from 1607-77. North American Genocides concludes with a critique of the Conventional account of genocide, suggesting how it might evolve beyond its limitations to embrace the role of cultural destruction in undermining the viability of human groups.