With the spotlight on Magna Carta, which is 800 years old in 2015, and the French Declaration of the Rights of Man and Citizen of 1789, which together are of undeniable importance for fundamental rights-thinking, the existence of similar fundamental rights documents in other European countries is often overlooked. Such fundamental rights documents did, however, exist in the precursors to the current European Union Member States. Some of the documents are ancient, even older than Magna Carta, and some are more recent, but all of them are texts that deserve to be brought out and analysed alongside Magna Carta and the French Declaration in order to better understand the evolution of fundamental rights thinking in Europe.This volume paints a multi-faceted picture of historical fundamental rights documents in the European space by collating the experience of 24 European Union Member States at times in history when most of these states did not even exist. It is the first comprehensive and systematic evaluation of early fundamental rights thinking across Europe and it reveals surprising diversity. Spanning documents from the fifth century BC right through to the 19th century and early 20th century AD, this review opens up themes not normally found in historiographical analyses of fundamental rights.

This book examines how concepts of citizenship have been negotiated in Anglophone Canadian literature since the 1970s. Katja Sarkowsky argues that literary texts conceptualize citizenship as political "co-actorship" and as cultural "co-authorship" (Boele van Hensbroek), using citizenship as a metaphor of ambivalent affiliations within and beyond Canada. In its exploration of urban, indigenous, environmental, and diasporic citizenship as well as of citizenship's growing entanglement with questions of human rights, Canadian literature reflects and feeds into the term's conceptual diversification. Exploring the works of Guillermo Verdecchia, Joy Kogawa, Jeannette Armstrong, Maria Campbell, Cheryl Foggo, Fred Wah, Michael Ondaatje, and Dionne Brand, this text investigates how citizenship functions to denote emplaced practices of participation in multiple collectives that are not restricted to the framework of the nation-state.

This clear and concise new edition offers a comprehensive comparison of national, international, and human security concepts and policies. Laura Neack skillfully argues that security remains elusive because of a centuries-old ethic insisting that states are the primary and most important international actors, that they can rely ultimately only on themselves for protection, and that they must keep all options on the table for national security. This is particularly apparent with the increase in "glocalized" terrorism and the forced migration of millions of people. Although security as a concept can be widened to encompass almost any aspect of existence, Neack focuses especially on security from physical violence. Case studies throughout bring life to the concepts. New cases in this revised edition include the Syrian refugee crisis and the responses from European states, the growth and reach of jihadist terrorist groups and the unilateral and multilateral military actions taken to confront them, drug trafficking organizations and the Mexican government's failure to protect citizens, the overt use of preventive war by major and regional powers and the increasing American reliance on drone warfare, multilateral "train-and-assist" operations aimed at peacekeeping and counterterrorism in Africa, UN civilian protection mandates in Libya and Cote d'Ivoire and their absence in Syria, and how terrorism and refugee crises are intimately connected. The first edition of this book was published under the title Elusive Security: States First, People Last in 2007.

Ahsan Ullah provides an insightful analysis of migration and displacement in the Middle East and North Africa. He examines the intricate relationship of these phenomena with human rights, safety concerns and issues of identity crisis and identity formation.

As the velocity and intensity of migrations increase around the world, legal citizenship and ethnicity are becoming two of the most contested issues facing the modern state. Many of today's debates about immigration are focused on arguments around the positive and negative effects of increased ethnic diversity and who should be entitled to legal membership. What does it mean politically then to arrive in a country privileged as a legal citizen or co-ethnic?This book is the first to comparatively analyze the political realities of Dutch Antillean citizens in the Netherlands, and Latin American Nikkeijin (Japanese descendants) in Japan, who inherit host state access as post-colonial citizens and ethnic immigrants. Sharpe's unique cross-regional investigation considers the ways in which globalization, immigration, citizenship, and ethnicity interact as a means to understanding some of the strains and contradictions of membership in contemporary liberal democratic states.Postcolonial Citizens and Ethnic Migration will appeal to a wide range of scholars in political science, sociology, anthropology, international relations, ethnic studies and migration.

Freedom of speech is a tradition distinctive to American political culture, and this book focuses on the major debates and discourses that shaped this tradition. Today the American Bill of Rights, with its famous First Amendment, is generally taken for granted, but when James Madison proposed a Bill of Rights in 1789, the reaction among his colleagues in the first Congress was hostile. The book examines how Madison was able to prevail in spite of such opposition. It focuses on discourses connected to the Sedition Act of 1798, which represented a serious threat to freedom of speech and the first Amendment. The author sheds fresh light on key Congressional debates on the Bill of Rights and the Sedition Act by developing and applying an approach to fallacy theory that is suitable to the study of political discourse. He further focuses on criticism of the Madison administration in Federalist newspapers during the War of 1812, arguing that Madison's toleration of such criticism was important in shaping a tradition of free expression in the United States. Efforts to suppress free expression during the Wilson administration represented a serious challenge to this tradition, and the author goes on to employ fallacy theory in examining Congressional discourses for and against Wilson's policy of repression.

Now more than ever, indigenous peoples' interests in their cultural heritage are in the spotlight. Yet, there is very little literature that comprehensively discusses how existing laws can and cannot be used to address indigenous peoples' interests. This book assesses how intangible aspects of indigenous cultural heritage (and the tangible objects that hold them) can be protected, within the realm of a broad range of existing legal orders, including intellectual property and related rights, consumer protection law, common law and equitable doctrines, and human rights. It does so by focusing on the New Zealand Maori. The book also looks to the future, analysing the long-awaited Wai 262 report, released in New Zealand by the Waitangi Tribunal in response to allegations that the government had failed in its duty to ensure that the Maori retain chieftainship over their tangible and intangible treasures, as required by the Treaty of Waitangi, signed between the Maori and the British Crown in 1840.

This book examines the challenges posed to contemporary international law by the shifting role of the border, which has recently re-emerged as a central issue in international relations. It posits that borders do not merely correspond to States' boundaries: indeed, while remaining a fundamental tool for asserting States' power, they are in fact a collection of constantly changing spatial limits. Consequently, the book approaches borders as context-specific limits and revisits notions traditionally linked to them (jurisdiction, sovereignty, responsibility, individual rights), while also adopting the innovative approach of viewing borders as phenomena of both closedness and openness. Accordingly, the first part of the book addresses what happens "within" borders, investigating the root causes of the emergence of spatial limits and re-assessing apparent extra-territorial assertions of State power. In turn, the second part not only explores typical borderless spaces, but also more generally considers the exercise of States' and international organisations' powers and prerogatives across or "beyond" borders.

As "small worlds", where resources are often stretched, islands have had an intense experience of migration. For many small islands in a global era, migration represents a dialogue between different places, some urban, some rural. This book examines diverse facets of migration out of and into a variety of islands, from the North Atlantic to the South Pacific. It traces the way in which migration is of crucial importance, for demography, economics, culture, indeed the whole of island life and identity; it contrasts with the reality of emigration and the rhetoric of return. Topics explored include include migration and environmental change, language shifts, remittances, retirement migration, post-colonial identities and islanders on the Internet. The evidence shows that migration emerges our of islanders' needs, but inevitably transforms insular societies, changing values and expectations, yet rarely if ever contributing to a situation where it is no longer necessary.

The concept of positive obligations is familiar to various legal systems which seek to protect fundamental rights. This concept means that states are required to take active measures to protect fundamental rights, such as, for example, adopting a general legal framework to regulate same-sex relationships in order to ensure protection of the right to private life. In Europe, positive obligations have, in particular, been developed in the case-law of the European Court of Human Rights (ECtHR) from the 1970s onwards. The ECtHR has explained that positive obligations are necessary to ensure that fundamental rights are of practical value and effective for everyone.The ECtHR is not the only supranational court in Europe that protects fundamental rights. The Court of Justice of the European Union (ECJ) also protects fundamental rights within the scope of EU law. So far, no concept of positive obligations has been developed by this Court, and the question has been asked whether such a development can indeed occur under EU law. After all, the EU is a rather special international organisation which has specific, mainly economic, interests to protect. It is also unclear whether the EU has competence to undertake regulatory action to actively protect fundamental rights. Based on the insights obtained from the development of positive obligations by the ECtHR, this volume analyses whether and how positive obligations could be incorporated into EU law. The relevant provisions laid down in the EU Treaties and the EU Charter, the case-law of the ECJ and the specificities of the EU system are studied to find out where there is scope for recognition of the concept of positive obligations under EU law, and what limitations would apply to this.

This book presents a detailed exploration of continuity and change in the British debates and policies relating to ethnic diversity since 9/11, focusing in particular on key policy areas which include the prevention of terrorism and citizenship, forced marriage, and the resentment of the 'white working class'. It offers an original perspective, which assesses the evolution of multiculturalism as a policy guideline in the United Kingdom and suggests that, while the rhetoric of multiculturalism has been toned down by successive governments since 2001, British debates and policies have continued to reflect a specific sensitivity to ethnic diversity.

This monograph opens with an examination of the aid industry and the claims of leading practitioners that the industry is experiencing a crisis of confidence due to an absence of clear moral guidelines. The book then undertakes a critical review of the leading philosophical accounts of the duty to aid, including the narrow, instructive accounts in the writings of John Rawls and Peter Singer, and broad, disruptive accounts in the writings of Onora O'Neill and Amartya Sen. Through an elaboration of the elements of interconnection, responsible action, inclusive engagement, and accumulative duties, the comparative approach developed in the book has the potential to overcome the philosophical tensions between the accounts and provide guidance to aid practitioners, donors and recipients in the complex contemporary circumstances of assistance. Informed by real world examples, this book grapples with complex and multi-dimensional questions concerning practices and the ethics of aid. The author judiciously guides us through the debate between deontological and consequentialist moral theories to arrive at a sophisticated consequentialist account that does justice to the complexity of the problems and facilitates our deliberation in discharging our duty to aid, without yielding, as it should not, a determinate answer for each specific situation. Researchers, students, and practitioners of international aid will all find this book rewarding. Win-chiat Lee, Professor and Chair, Department of Philosophy, Wake Forest University Susan Murphy's book offers us a sophisticated exploration of the philosophical basis for aid. It is grounded in a full understanding of the complexities and pitfalls of the aid industry, but its particular strength lies, mainly through an extensive discussion of Singer, Rawls, O'Neill and Sen, in a comparison of consequentialist and duty-based approaches, eventually endorsing a broad non-idealised, situated consequentialist account in what she calls an interconnected ethical approach to the practice of assistance. For anyone wanting to think carefully about why we should give aid, this book has much to offer. Dr Nigel Dower Honorary Senior Lecturer, University of Aberdeen Author of World Ethics - the New Agenda (2007)

The first comprehensive statistical analysis of human rights attainments and improvements over time, this book seeks to answer the question, Why do some countries better observe human rights than others, and what can be done to advance the cause of human rights around the world? Haas's data support his argument that economic sanctions against countries that violate human rights are likely to be counterproductive. When information flows more freely and economies are more pluralistic, competing political parties emerge, and basic human rights are increasingly respected. When liberal democracies have sufficient prosperity to adopt welfare state policies, women's rights are most likely to advance.

During the 1950s and 1960s increasing numbers of American citizens were stationed in foreign countries, and a whole generation of American children grew up abroad. As the interdependence of nations increases, new generations of Absentee Americans will be raised outside the United States. Based on interviews and questionnaire responses, this unique volume describes the impact of overseas living on Americans who spent at least some of their formative years in countries other than the United States.

It touches on a wide range of subjects such as schooling, living arrangements, social life abroad, and the experience of reentry into the United States, and it also provides a comprehensive view of the distinctive opinions shared by these global nomads. By exploring the lives and experiences of repatriates, the author emphasizes the need for increased intercultural contact and for educational programs that prepare young Americans to better understand the United States as part of the world community. This work will be of interest to sociologists and psychologists, as well as to Absentee Americans themselves, and to managers of public and private institutions with an international or intercultural dimension.

This book examines disability hate crime. It focusses on key questions concerning the ways in which hate is understood and experienced within the context of the everyday, in addition to the unique ways that hate can hurt and be resisted. It introduces readers to questions surrounding the conceptual framework of hate and policy context in England and Wales, and extends these discussions to center upon the experiences of disabled people. It presents a conceptual reconsideration of hate crime that connects hate, disability and everyday lives and spaces using an affective (embodied and emotional) understanding of these experiences. Drawing on empirical data, this framework helps to attend to the diverse ways that disabled people negotiate, respond to, and resist hate within the context of their everyday lives. The book argues that the affective capacity of disabled people can be enhanced through their reflections upon hateful experiences and general experiences of navigating a disabling social world. By working with the concept of 'affective possibility', this book offers a more affirmative approach to harnessing the everyday forms of resistance already present within disabled people's lives. It speaks to academics, students, and practitioners interested in disability, affect studies, hate crime studies, sociology, and criminology.

This text explores the relationship between social movements, sexual citizenship and change in Southern Europe. Providing a comparative analysis about LGBT issues in Italy, Spain and Portugal, it discusses how activism can generate legal, political and cultural impact in post-dictatorial, Catholic and EU-focused countries.

Anti-apartheid was one of the most significant international causes of the late twentieth century. The book provides the first detailed history of the emergence of anti-apartheid activism in Britain and the USA, tracing the network of individuals and groups who shaped the moral and political character of the movement.

Although social legislation in the United States is always in the tradition of social reform rather than fundamental social change, the 1960s are considered a progressive period because of the union of government and societal obligations; class consciousness was aroused, and the redistribution of power and resources were salient issues. In Civil Rights and the Social Programs of the 1960s, Marcia Bok describes the background, analyzes the process of decision making, and traces the passage of selected landmark decisions of the 1960s. She tracks the changes that have occurred in this legislation in the last two decades, and discusses the current and possible future status of social policies and programs.

The legislation examined is chosen for its diversity and reflection of Great Society programs, and includes: The Civil Rights Act, 1964; The Community Mental Health Centers Act, 1963; The Economic Opportunity Act, 1964; Medicare and Medicaid, 1965; and Head Start, 1965. Bok considers the concepts of equality and social justice as the bases for the social legislation discussed, and includes analysis of historical, political, and legal aspects of the civil rights movement and concurrent events.

A Matter of Black and White is the personal story of an Oklahoma woman whose fight to gain an education formed a crucial episode in the civil rights movement. Born in Chickasha, Oklahoma, of parents only one generation removed from slavery, Ada Lois Sipuel Fisher became the plaintiff in a landmark U.S. Supreme Court case that laid the foundation for the eventual desegregation of schools (and much else) in America.

A Matter of Black and White resounds with almost universal human themes-childhood, school, friends, colleagues, community, and a love that lasted a lifetime.

This book offers a detailed analysis of the Islamic Republic of Iran's approach towards human rights in the media. It looks at the state-owned and state-controlled Islamic Republic of Iran Broadcasting (IRIB), employing content analysis and multimodal critical discourse analysis to explore its underlying strategies in portraying the international rights norms. The book also features analysis of surveys and interviews of recent Iranian migrants to determine the extent to which the Iranian public is aware of human rights principles and their views on whether and how the international rights norms are portrayed on IRIB.

Written by a member of the Black Haitian community, this book brings to life the mechanisms that shape Haitian immigrant identity and underscores the complexity of such an identity. Zephir explains why Haitians define themselves as a distinct ethnic group and examines the various parameters of Haitian ethnicity. Through hundreds of interviews, the author gathered the voices of Haitians as they speak, as they feel, and most importantly, how they experience America and its system of racial classification. This work is a description of the diversity of the Black population in America and an effort to dispel the myth of a monolithic minority or sidestream culture.

"The Challenge of Human Rights" traces the history of human rights theory from classical antiquity through the enlightenment to the modern human rights movement, and analyses the significance of human rights in today's increasingly globalized world.
Provides an engaging study of the origin and the philosophical and political development of human rights discourse.
Offers an original defence of human rights.
Explores the significance of human rights in the context of increasing globalisation.
Confronts the major objections to human rights, including the charge of western ethical imperialism and cultural relativism.

Argues that human rights logically culminate in an ethical cosmopolitanism to reflect the moral unity of the human race.

This book documents and analyzes the experiences of the United Nation's first Special Rapporteur on the Right to Food. It highlights the conceptual advances in the legal understanding of the right to food in international human rights law, and analyzes key practical challenges through experiences in 11 countries across Africa, Asia, and Latin America.

This edited book focuses on the most controversial aspects of assistance benefits as mandated by the Brazilian Constitution of 1988 - and the challenges that have merged since the approval, in 1993, of the Federal Act 8.742, also known as Organic Law of Social Assistance. This collection of essays allows the reader to understand some important changes in social assistance policies in Brazil in recent years, having the General Theory of Social Security and the Human Rights as references. The tensions between economic principles and affirmative policies for the less advantaged parts of the society are also covered, showing how different interpretations of key concepts - like need, poverty or family - may have an important role on the exercise of fundamental rights.