Sociological theory has veered between an insistence on understanding human rights as a genuine universal morality and far more cynical portrayals of human rights as a veil of bourgeois capitalist enterprise. This book criticizes, adapts and combines seemingly disparate elements of contemporary sociological theory within a new approach to human rights. The practicality of the approach is clearly demonstrated in its application to one of the most important, complex and vexing locations of human rights violation in the world: modern Turkey. While sociological analyses of Turkey have largely been limited to local perspectives on individual issues of human rights violation, this book expands sociological understanding of the broad swath of Turkey's human rights violations into a new global perspective of hope and resolution.

The book assesses the adoption of counterterrorism measures in the Netherlands and the United States, which facilitate criminal investigations with a preventive focus (anticipative criminal investigations), from the perspective of rule of law principles. Anticipative criminal investigation has emerged in the legal systems of the Netherlands and the United States as a consequence of counterterrorism approaches where the objective of realizing terrorism prevention is combined with the objective to eventually prosecute and punish terrorists. This book has addressed this new preventive function of criminal justice and identified the rule of law principles limiting the role of criminal investigation in terrorism prevention. The possibilities and limits of criminal investigation in general and of cooperation and the division of responsibilities between law enforcement and intelligence have been addressed in a manner transcending differences between national legal systems. Valuable for academics and practitioners interested in criminal investigation, rule of law and counterterrorism.

The first women entered national government in Italy in 1946, and represented a "lost wave" of feminist action. They used a specific electoral and legislative strategy, "constitutional rights feminism," to construct an image of the female citizen as a bulwark of democracy. Mining existing tropes of femininity such as the Resistance heroine, the working mother, the sacrificial Catholic, and the "mamma Italiana," they searched for social consensus for women's equality that could reach across religious, ideological, and gender divides. The political biographies of woman politicians intertwine throughout the book with the legislative history of the women's rights law they created and helped pass: a Communist who passed the first law guaranteeing paid maternity leave in 1950, a Socialist whose law closed state-run brothels in 1958, and a Christian Democrat who passed the 1963 law guaranteeing women's right to become judges. Women politicians navigated gendered political identity as they picked and chose among competing models of femininity in Cold War Italy. In so doing, they forged a political legacy that in turn affected the rights and opportunities of all Italian women. Their work is compared throughout The Lost Wave to the constitutional rights of women in other parts of postwar Europe.

European borders that aim to control migration and mobility increasingly rely on technology to distinguish between citizens and aliens. This book explores new tensions in Europe between states and citizens, and between politics, technology and human rights.

Social conflict involving migrants, which includes terrorism, migrant trafficking and kidnappings, and riots and the occupation of public places, is a direct result of the systematic refusal of receiving countries to recognize that migrants have universal human rights. Analysis of this causal relationship indicates that certain elements of migration policy in Europe and North America--such as the securitization of border controls and development cooperation policies, the use of foreigner internment camps as part of a tougher asylum policy, the criminalization of irregular migration, and social exclusion resulting from widespread discrimination--lead to violent social conflict. These violent conflicts of potentially global impact could be prevented were countries that receive migrants to adopt a system of justice--a decolonized global justice--that recognizes the human rights of migrants.

How safe is Turkey's liberal democracy? The rise to power in 2002 of the right-leaning Islamic Justice and Development Party ignited fears in the West that Turkey could no longer be relied upon to provide a buffer against the growth of Islamic fundamentalism in the Middle East. Once hailed by the West as a model of secularism and moderation in the Muslim world, Turkey is now seen to be under the influence of the 'creeping Islamisation' of the JDP (or AKP as it is known in Turkey). Yet to what extent has this affected the lives of Turkish citizens? Evangelia Axiarlis here explores the contribution of the JDP to civil liberties and basic freedoms, long suppressed by secular and statist Kemalist ideology, and how this has remained unexamined despite more than a decade in government. In this - the first detailed study of the policies and ideology of Prime Minister Recep Tayyip Erdo?an's government - the author examines the extent to which the JDP has worked to improve civil life in Turkey and critically addresses whether a government built on Islamic principles can champion political reform. Exploring how Islam and democracy are neither monoliths nor mutually exclusive, this is a timely contribution to the wider understanding of political Islam.

The collapse of Yugoslavia, Czechoslovakia, and the Soviet Union has resulted in a proliferation of discontented minorities. Preventing the violent conflict triggered by such disaffection has become a driving issue in post-Cold War Europe. National Minorities and the European Nation-States System reveals that the contemporary international system is the root cause of the problem and viable solutions to it must acknowledge this structural limitation.

Proposes groundbreaking, fundamental reform for the adversarial legal system to keep innocent people from going to prison We rely on the adversarial legal system to hold offenders accountable, ensure everyone is playing by the same rules, and keep our streets safe. Unfortunately, a grave condition lingers under the surface: at all times the imprisonment of possibly tens of thousands of innocent people. The Plea of Innocence offers a fundamental reform of the adversarial system: plausibly innocent people may now plead innocent and require the government to search for exonerating facts; in return, they will be required to waive their right to remain silent, speak to government agents, and participate in a search for truth. While almost all the participants within the system hope that only guilty people will be convicted, the unfortunate reality is that innocent people are convicted and imprisoned at an alarming rate. With the privatization of defense institutions, accused innocent people are themselves responsible for finding the facts that could exonerate them. Though the poor are represented by public defenders-in fact, almost no one who is charged with a crime has enough money to pay for a complete defense-it is still accused people, not public officials, who bear the entire burden of proving their innocence. Tim Bakken believes that reform of the three-hundred-year-old adversarial system is long overdue, and that the government should be responsible for searching for truth-exonerating facts for innocent people-rather than being satisfied with due process. While it is improbable that all the facts in any case will ever be known, the essential point is that the acquisition of facts will almost always benefit an innocent person who has been accused of a crime. Featuring compelling evidence and concrete steps for reform, The Plea of Innocence is at once sensible and revolutionary, a must-read for anyone invested in restoring truth to the justice system.

Governments use human rights both as a tool and as an objective of foreign policy. "The Role of Human Rights in Foreign Policy" analyzes conflicting policy goals such as peace and security, economic relations and development cooperation. The use of diplomatic, economic and military means is discussed, together with the role of state actors, intergovernmental organizations and non-state actors.

Utilising sources that range from 16th century parish registers to the 21st century supermarket loyalty card, this collection examines the history and development of identification documents and surveillance techniques over the past 500 years. Combining the knowledge of several experts from a variety of disciplines, this volume successfully demonstrates how identification and registration can enable and empower a population, particularly if the interests of the state and population coincide. It also reveals the weakness of states or corporations when dealing with issues such as popular resistance and fraud, despite great leaps forward in the scientific methods of identifying individuals. This important book offers a vital contribution to the literature on a variety of topical subject areas such as biometric identification, immigration control and personal data use, as such it is of interest to students and scholars of civil and human rights amongst other disciplines.

Most advanced industrial democracies have been successful in controlling ethnic political conflicts peacefully. This book examines ethnoregional conflicts in seven ethnoregions-in Scotland, Flanders, Wallonia, Brussels, Quebec, Northern Ireland, and the Basque region of Spain-to explain what mactors determine electoral support for ethnoregional parties, why in some cases electoral conflict has co-existed with ethnic violence, and why there appears to be an inverse relationship between electoral success and policy success among many ethnoregional parties. As ethnic conflicts-peaceful and violent-continue to rage around the world, this important new study merits the attention of scholars and students in comparative politics and ethnic studies.

Cosmopolitanism, as an intellectual and political project, has failed. The portrayal of human rights, especially European, as evidence of cosmopolitanism in practice is misguided. Cosmopolitan theorists point to the rise of claims-making to the European Court of Human Rights (ECtHR) among Europe's Muslims to protect their right to religious freedom, mainly concerning the hijab, as evidence of cosmopolitan justice. However, the outcomes of such claims-making show that far from signifying a cosmopolitan moment, European human rights law has failed Europe's Muslims. Human Rights, Islam and the Failure of Cosmopolitanism provides an empirical examination of claims-making and government policy in Western Europe focusing mainly on developments in the UK, Germany, France, Italy and the Netherlands. A consideration of public debates and European law of conduct in the public sphere shows that cosmopolitan optimism has misjudged the magnitude of the impact claims-making among Europe's Muslims. To overcome this cul-de-sac, European Muslims should turn to a new 'politics of rights' to pursue their right to religious expression. This book is a theoretically challenging re-evaluation of cosmopolitan arguments through a rigorous discussion of rights-making claims by Europe's Muslims to the European Court of Human Rights. It combines sociological and legal case analysis which advances understanding of one of the most pressing topical issues of the day.

Shaw argues that journalism should focus on deconstructing the underlying structural and cultural causes of political violence such as poverty, famine and human trafficking, and play a proactive (preventative), rather than reactive (prescriptive) role in humanitarian intervention.

The Falungong movement originated in 1992 as a system of breathing exercises designed to promote health and well-being. Riding on the coattails of the qigong fever that swept through China, it attracted an extensive following until 1994, when the Chinese government suppressed the qigong movement. A series of protest rallies by Falungong organizations against local government repression set in motion an upward conflict spiral that culminated in the siege of the Party headquarters in Beijing on April 25, 1999, by more than 20,000 Falungong practitioners. Revenge of the Forbidden City begins with the shock of the Politburo against such insolent defiance, resolving to retaliate against the Falungong, a retaliation that represented "the most serious political incident" since the Tiananmen upheaval in 1989.
James W. Tong reveals how the Chinese government's relentless, sustained repression of the Falungong movement typifies its response towards perceived internal threats. Though many claim that the Democratic reforms in China have eroded the government's ability to monitor and control its citizens, the success of the campaign to eradicate Falungong indicates otherwise: the government effectively implemented a multifaceted offensive involving unsparing suppression, pervasive propaganda, and coercive conversion. The successful execution of this complex campaign reveals the resilience of China's authoritarian institutions. Using empirical evidence and thorough analysis, Tong reveals the Chinese state's formidable ability to crush dissent and provides a cogent rebuttal to those who claim that the Communist government is on the verge of collapse. The definitive account of China's response to Falungong, Revenge of the Forbidden City is essential for any scholar interested in how the Chinese state actually operates.

This compilation of interdisciplinary and community voices addresses issues of globalization, democracy, human rights, and how universities can act to promote steps towards greater social justice. As a relational concept, definitions of social justice reflect beliefs, values and priorities - which are neither consensually shared in modern societies, nor among social scientists who study it.

In entries such as Jane Addams and the Settlement House Movement, Booker T. Washington and Black Self-Help, and Betty Friedan and the National Organization for Women, this dictionary provides in-depth examination of major American reformers and the movements they defined. With coverage extending from the early republic to today, the book considers abolitionism, women's rights, temperance, the social gospel, birth control, pacifism, civil rights, environmentalism, consumerism, and other controversial movements. Each entry combines biography with historical analysis to show the historical context and character of the movement and person. Individually, the entries provide modern, interpretive treatments of their subjects. Collectively, they reveal the direction and dynamics of American reform over two centuries. Emphasizing social reform over civic reform, the book gives special attention to reformers and reforms that have significantly altered the social order. Written by prominent scholars, the entries show the importance of personality and historical context in reform movements and the relationship between particular reforms and the temperament of an age. With full-bodied biographies of the reformers and their movements, a time-line on American reform, up-to-date interpretations and bibliographies, and a wide range of subjects, this book provides the most comprehensive and cogent view of American reform and reformers anywhere. It also provides the fullest treatment to date of post-World War II reform activity and personalities.

Unlike many who separate environmental from other social issues in their analyses of the locally unwanted land use (LULU) problem, O'Looney argues that the issues are really connected and must be addressed jointly. He frames the question this way: What is the appropriate distribution of land development rights and responsibilities overall?, then offers an answer based on Madison's conception of property and Jefferson's ideas about small-scale democracy. In doing so O'Looney examines the ideological roots of the NIMBY-LULU problem and the various zoning, land-use, and antidiscrimination policies that have been created to solve it. A thoughtful study for corporate and public executives, who need new ways to reconcile economic development with other social needs, and an innovative, challenging analysis for the public policy experts and political scientists who advise them.

This book addresses the issue of corruption as a socio-economic rights concern at a national level. Zimbabwe's widespread corruption inhibited its development in all aspects. It weakened institutions, especially those called upon to arbitrate political and economic contests, leading to potential human rights violations. However, Zimbabwe saw a change of government in November 2017. Due to this, there seemed to be an opening to work towards reform in relation to the anti-corruption architecture. Specifically, the new era provides an opportunity to review how accountability mechanisms (including but not limited to amnesties, truth commissions, institutional reforms and prosecutions) can address corruption as a socio-economic rights violation. As the new government still tries to address competing priorities, many moving parts and various matrixes, this volume in the International Criminal Justice Series provides a timely frame for revisiting the debate and developing the strategic thinking regarding transitional justice options in Zimbabwe. It will be of great interest to practitioners, policy makers, scholars and students in the fields of anti-corruption, socio-economic and human rights, and transitional justice. Prosper Maguchu is Visiting Assistant Professor at the Centre for the Politics of Transnational Law of the Vrije Universiteit Amsterdam, The Netherlands.

A riveting history of the Supreme Court decision that set the legal precedent for citizen challenges to government surveillance The tension between national security and civil rights is nowhere more evident than in the fight over government domestic surveillance. Governments must be able to collect information at some level, but surveillance has become increasingly controversial due to its more egregious uses and abuses, which tips the balance toward increased-and sometimes total-government control.This struggle came to forefront in the early 1970s, after decades of abuses by U.S. law enforcement and intelligence agencies were revealed to the public, prompting both legislation and lawsuits challenging the constitutionality of these programs. As the plaintiffs in these lawsuits discovered, however, bringing legal challenges to secret government surveillance programs in federal courts faces a formidable obstacle in the principle that limits court access only to those who have standing, meaning they can show actual or imminent injury-a significant problem when evidence of the challenged program is secret. In Being Watched, Jeffrey L. Vagle draws on the legacy of the 1972 Supreme Court decision in Laird v. Tatum to tell the fascinating and disturbing story of jurisprudence related to the issue of standing in citizen challenges to government surveillance in the United States. It examines the facts of surveillance cases and the reasoning of the courts who heard them, and considers whether the obstacle of standing to surveillance challenges in U.S. courts can ever be overcome. Vagle journeys through a history of military domestic surveillance, tensions between the three branches of government, the powers of the presidency in times of war, and the power of individual citizens in the ongoing quest for the elusive freedom-organization balance. The history brings to light the remarkable number of similarities among the contexts in which government surveillance thrives, including overzealous military and intelligent agencies and an ideologically fractured Supreme Court. More broadly, Being Watched looks at our democratic system of government and its ability to remain healthy and intact during times of national crisis. A compelling history of a Supreme Court decision and its far-reaching consequences, Being Watched is essential reading for anyone seeking to understand the legal justifications for-and objections to-surveillance.

Converging revolutionary changes in Europe, the former Soviet Union, and in southern Africa radically transformed the international political environment in which Third World countries had formulated and implemented their policies toward South Africa. These changes also focused attention on the need for democratic reforms in Sub-Saharan Africa and elsewhere in the Third World. By removing apartheid's legal underpinning, the South African government made a major and largely unanticipated step toward creating a relatively egalitarian and nonracial society. Dismantling the more intractable social and economic components of a legal system of racial domination, into which South Africans have been socialized, is clearly a more herculean endeavor. Payne analyzes Third World relations with South Africa: the common and divergent interests among the countries that opposed apartheid, conflict and cooperation between the Third World and South Africa, and the implications of changes in South Africa for the Third World in general and Sub-Saharan Africa in particular. He brings into sharper focus contradictions between the declaratory policies against apartheid expressed by Third World states and their actual practices. Payne examines how national interests, leaders' personalities, policymaking processes, and problems within specific countries influence Third World foreign policies in general and toward South Africa specifically. As such, the work will be invaluable to students and scholars involved with African studies, Third World politics, and international relations.

From individual experiences of prejudice to international political debate around equal rights, social attitudes towards sexuality and transgender equalities are evolving. This timely text traces shifts at personal, national and international levels to fully assess the landscape of policy and theory today. Bringing together critical perspectives and original research, Sexuality, Equality and Diversity clearly outlines contested terms and key debates in the field. It explains how equality policy is developed and put into practice, examining what has been achieved by legislation so far and highlighting the challenges to overcome. Exploring the multiple identities and different agendas of various LGBT communities, this thought-provoking book draws on a range of rich examples to shed new light on sexual citizenship today. This is an invaluable guide through the complex terrain of equality and diversity, and is invaluable reading for students of sociology, social policy, gender studies and politics.

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.

Reports of sexual violence in armed conflict frequently appear in political discussions and news media, presenting a stark contrast to a long history of silence and nonrecognition. Conflict-related sexual violence has transitioned rapidly from a neglected human rights issue to an unambiguous security concern on the agendas of powerful states and the United Nations Security Council. Through interviews and primary-source evidence, Kerry F. Crawford investigates the reasons for this dramatic change and the implications of the securitization of sexual violence. Views about wartime sexual violence began changing in the 1990s as a result of the conflicts in the former Yugoslavia and Rwanda and then accelerated in the 2000s. Three case studies-the United States' response to sexual violence in the Democratic Republic of Congo, the adoption of UN Security Council Resolution 1820 in 2008, and the development of the United Kingdom's Preventing Sexual Violence in Conflict Initiative-illustrate that use of the weapon of war frame does not represent pure co-optation by the security sector. Rather, well-placed advocates have used this frame to advance the antisexual violence agenda while simultaneously working to move beyond the frame's constraints. This book is a groundbreaking account of the transformation of international efforts to end wartime sexual violence.

Article 6 of the Treaty on European Union (TEU) provides that the EU will accede to the system of human rights protection of the European Convention on Human Rights (ECHR). Protocol No 9 in the Treaty of Lisbon opens the way for accession. This represents a major change in the relationship between two organisations that have co-operated closely in the past, though the ECHR has hitherto exercised only an indirect constitutional control over the EU legal order through scrutiny of EU Member States. The accession of the EU to the ECHR is expected to put an end to the informal dialogue, and allegedly also competition between the two regimes in Europe and to establish formal (both normative and institutional) hierarchies. In this new era, some old problems will be solved and new ones will appear. Questions of autonomy and independence, of attribution and allocation of responsibility, of co-operation, and legal pluralism will all arise, with consequences for the protection of human rights in Europe. This book seeks to understand how relations between the two organisations are likely to evolve after accession, and whether this new model will bring more coherence in European human rights protection. The book analyses from several different, yet interconnected, points of view and relevant practice the draft Accession Agreement, shedding light on future developments in the ECHR and beyond. Contributions in the book span classic public international law, EU law and the law of the ECHR, and are written by a mix of legal and non-legal experts from academia and practice.