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.

This book explores situations in which public opinion presents itself as an obstacle to the protection and promotion of human rights. Taking an international law perspective, it primarily deals with two questions: first, whether international law requires States to take an independent stance on human rights issues; second, whether international law encourages States to inform and mobilise public opinion with regard to core human rights standards. The discussion is mainly organised within the framework of the UN system. The work is particularly relevant to situations in which public opinion appears as discriminatory attitudes based on race, gender, age, health, sexual orientation and other factors. It is also pertinent to circumstances in which public opinion is responsible for the existence of certain harmful customs and practices such as female genital mutilation and capital punishment. Noting that the death penalty is increasingly recognised as an infringement of human rights, this study further challenges States' argument that capital punishment cannot be abolished because of public opinion. The book also discusses the role that education bears under international law in moulding favourable attitudes towards human rights. Finally, the book challenges States' acceptance that public opinion cannot be confronted in this respect.

The Cambridge Workshops on Universal Access and Assistive Technology (CWUAAT) is one of the few gatherings where people interested in inclusive design, across different fields, including designers, computer scientists, engineers, architects, ergonomists, ethnographers, policymakers and user communities, meet, discuss, and collaborate. CWUAAT has also become an international workshop, representing diverse cultures including Portugal, Germany, Trinidad and Tobago, Canada, Australia, China, Norway, USA, Belgium, UK, and many more. The workshop has five main themes based on barriers identified in the developing field of design for inclusion: I Breaking Down Barriers between Disciplines II Breaking Down Barriers between Users, Designers and Developers III Removing Barriers to Usability, Accessibility and Inclusive Design IV Breaking Down Barriers between People with Impairments and Those without V Breaking Down Barriers between Research and Policy-making In the context of developing demographic changes leading to greater numbers of older people and people living with impairments, the general field of inclusive design research strives to relate the capabilities of the population to the design of products, services, and spaces. CWUAAT has always had a successful multidisciplinary focus, but if genuine transdisciplinary fields are to evolve from this, the final barriers to integrated research must be identified and characterised. Only then will benefits be realised in an inclusive society. Barriers do not arise from impairments themselves, but instead, are erected by humans, who often have not considered a greater variation in sensory, cognitive and physical user capabilities. Barriers are not only technical or architectural, but they also exist between different communities of professionals. Our continual goal with the CWUAAT workshop series is to break down barriers in technical, physical, and architectural design, as well as barriers between different professional communities.

This examination of the emergence of nationalism in Lithuania, looks specifically at the Lithuanian national movement, known as Sajudis, and its approach towards the citizenship rights of national minorities. The study concentrates on the period between 1988 and 1993 when the national majority and minorities began forming and debating citizenship rights. The Lithuanian situation is analyzed not just according to the letter of the law but also, more importantly, with respect to how these laws were implemented and how the minorities responded to them.

The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

Individual demands for equality and civil rights are central themes in U.S. history and American Indian people are no exception. They have had to deal with white racism and its expression in local and national political institutions while trying to define the rights of individual Indians vis-á-vis their own tribal governments. The struggle has made their civil rights movement unique. This encyclopedia, designed to meet the curriculum needs of high school and college students, provides the most comprehensive, up-to-date coverage of American Indian civil rights issues. More than 600 entries cover a variety of perspectives, issues, individuals, incidents, and court cases central to an understanding of the history of civil rights among American Indian peoples. The issue is a complicated one, expanding over a period of more than a century. The history of American Indian civil rights can be traced not only in the courts and the federal legislation, but on the battlefield where a number of civil rights protests have been fought. This encyclopedia clarifies the complicated history of individual rights, water rights, land rights, and other issues in American Indian civil rights. It is thoroughly cross-referenced for ease of use in tracing any particular issue or incident. Each entry is followed by a list of works for further reading on the topic. An appendix of entries on landmark court cases is organized by issue. A selection of photos complements the text. This work is a one-stop source for up-to-date information on all aspects of American Indian civil rights and is essential for high school, public, and university libraries.

In the past two decades, '"civil society" has become a central organizing concept in the social sciences. Occupying the middle ground between the state and private life, the civil sphere encompasses everything from associations to protests to church groups to nongovernmental organizations. Interest in the topic exploded with the decline of statism in the 1980s and 1990s, and many of our current debates about politics and social policy are informed by the renewed focus on civil society. Michael Edwards, author of the most authoritative single-authored book on civil society, serves as the editor for The Oxford Handbook of Civil Society. Broadly speaking, the book views the topic through three prisms: as a part of society (voluntary associations), as a kind of society (marked out by certain social norms), and as a space for citizen action and engagement (the public square or sphere). It does not focus solely on the West (a failing of much of the literature to date), but looks at civil society in both the developed and developing worlds. Throughout, it merges theory, practice, and empirical research. In sum, The Oxford Handbook on Civil Society will be the definitive work on the topic.

This booklet contains the texts of the Theo van Boven Lectures held in 2014 and 2015. They deal with the subject of defending human dignity by looking at the different roles the human rights defender, the scholar and the human rights NGO can play in achieving this goal. Hina Jilani looks at the opportunities and limitations of human rights defenders in their fight to stand up for the protection of human dignity. Jean Allain discusses the role of the legal scholar in studying contemporary forms of slavery. Finally Aidan McQuade denounces practices of slavery from the perspective of a human rights NGO. The Theo van Boven Lecture Series are organised annually by the Maastricht Centre for Human Rights as a tribute to Theo van Boven, emeritus Professor of International Law at Maastricht University, and formerly Director of the UN Division of Human Rights, member of the Committee on the Elimination of Racial Discrimination and UN Special Rapporteur on Torture. The themes covered by the lectures reflect the wide range of interests of Theo van Boven. This publication is interesting for human rights practitioners, scholars and students.

The history of deliverance politics in Anglo-American history contains remarkable moments of achievement, but this is not a story of triumphal progress. Exodus was hotly contested, used by the powerful as well as the weak, and mobilized to support a host of rival causes. By writing themselves into the Protestant history of liberty, African Americans undercut complacent narratives of progress, injecting a powerful sense of unease into the tradition. The argument over who owns the biblical narrative has continued into the twenty-first century. If Barack Obama saw himself as an inheritor of Exodus politics, so too did George W. Bush. Many Christians - and many non-Christians too - remain understandably suspicious of those who read Israel's history as political paradigm, especially when it underpins religious nationalism. This story is riddled with moral ironies. The Books of Moses could be used to justify anti-black racism and the dispossession of Native peoples as well as freedom from slavery. In the name of liberation, Protestants have justified war, revolt, and imperialism. High-minded missions have often had dismal consequences. In excavating the history of deliverance politics, Coffey relies on sources buried in many generic strata. As a study of political rhetoric, the core materials are sermons and speeches, the published versions of oral performances. Deliverance discourse found its way into almost every kind of genre, just as it left its mark on virtually every kind of Hebrew literature. It is present in an array of literary texts, including pamphlets, treatises, biblical commentaries, letters, memoirs, newspapers, periodicals, constitutional documents, and even children's literature. Most strikingly, the gospel of liberation was depicted in visual sources, such as paintings, illustrated Bibles, official seals, commemorative coins and medals, mastheads and banners. Finally, deliverance politics proved easy to sing. Its strains are heard in Puritan psalms, Evangelical hymns, African-American spirituals and the Freedom Songs of the Civil Rights Movement. These sources form a documentary record, testifying to the powerful political appeal of the Exodus, the Jubilee and the biblical language of liberty.

The right to land plays a key role in the realisation of a plethora of human rights, including the right to food, water, housing, employment, a clean and healthy environment, an adequate standard of living, social status and the power to make decisions. Property rights over land can take many forms, from mere access rights to ownership. Due to a growing world population and various global crises and developments such as agrarian reform, land is becoming scarce. The result is that land prices increase and the poorest sectors of society are deprived of access to land whilst State authorities and foreign investors practise land grabbing to make way for palm oil, animal feed and biofuel plantations, tourist resorts, or as speculative investment. In addition, arable land is not only claimed for residential purposes, but also by industries that in turn pollute the soil and water. Many groups in society, especially in developing States, need access to land for their subsistence. It is these smallholders, landless farmers, rural youths, indigenous peoples and women who often suffer the worst consequences of land reform schemes and land grabbing practices. They are not well protected by the existing forms of land tenure and State authorities often fail to live up to their human rights obligations to respect and protect the land rights of people in all sectors of their society.Legal Aspects of Land Rights is the result of the cooperation of scholars from five Indonesian faculties of law, the Maastricht Centre for Human Rights, and the Maastricht European Transnational Research Institute (METRO), together known as the Land Rights Consortium.

The prohibition of abuse of rights in Article 17 of the European Convention on Human Rights (ECHR or Convention) embodies one of the Convention's main principles: its commitment to democracy and democratic values. The provision aims to prevent groups and individuals from successfully invoking fundamental rights and freedoms to justify anti-democratic activities. At the same time it is also one of the Convention's most controversial provisions. There exists a certain tension between human rights protection and the concept of abuse of rights. While human rights essentially aim to promote freedom by affirming the basic rights and freedoms citizens enjoy vis--vis state authorities, the abuse clause primarily aims to protect the democratic organisation of the state against groups and individuals invoking these rights with the aim of undermining it. Furthermore, an analysis of the growing body of case law on this topic shows that the interpretation and application of Article 17 ECHR are far from unequivocal. While according to Article 17 ECHR anti-democratic activities may be excluded from the protection of the Convention, clear criteria for determining which activities fit this description are lacking. In addition, the case law covers different methods of application of the abuse clause that seem to be used rather arbitrarily. This has resulted in a rather obscure and inconsistent case-by-case approach. This study seeks to shed light on the prohibition of abuse of rights in Article 17 ECHR in order to contribute to a more coherent interpretation of this provision. To that aim it studies the abuse clause from different perspectives. First, it looks at the historical background of the provision to examine what motivated the drafters to include this prohibition. Then it moves on to the case law of the European Commission of Human Rights and the European Court of Human Rights and to legal doctrine, revealing the difficulties and inconsistencies in the current interpretation of the abuse clause. Next, it analyses the interpretation of prohibitions of abuse in other human rights documents to see whether parallels can be drawn with the interpretation of Article 17 ECHR. Subsequently, it addresses the concepts of 'abuse of rights' and 'militant democracy' and examines the extent to which they offer a framework for understanding the abuse clause. Based on the insights obtained from these different perspectives, this study puts forward a proposal as to how Article 17 ECHR can best be applied in the future.

This book crosses the conventional border between the analysis of on-screen and off-screen intersections of law and cinema. It not only addresses the representation of law on screen (for example, through discussions of how lawyers, police, and prisons are depicted, or how courtroom sequences function as narratives), but also focuses on how the state shapes and regulates cinema. The volume addresses the distinct contexts of China, India, Japan, Korea, the Philippines, and Vietnam, along with an integrative introduction that puts the essays and themes into context for scholars and students alike.

Negotiating Citizenship explores the growing inequalities associated with nation-based citizenship from the perspective of migrant women workers who have made their way from impoverished Third World countries to work in Canada in the caregiving industries of domestic service and nursing. The study demonstrates the impact of the global political economy, public and private gatekeeping mechanisms, and racialized and gendered stereotypes on the contested relationship between citizen-employers and non-citizen female migrant workers in Canada.

The immigration problem, which has been debated in the United States for over a century, is not likely to go away--least of all with the numbers of refugees and displaced and impoverished workers continuing to mount worldwide. The current bitterness and legislative stalemate over immigration policy are indications that new approaches to the issue need to be found. Removing himself from the specifics of the current congressional debate, Mark Gibney asks whether we are addressing the right questions and employing the correct criteria under our present admission practices. From a political-philosophical standpoint, the author looks at the fundamental social and moral questions that should be at the basis of any immigration policy: how do we distinguish between members and strangers, and do some strangers have more compelling claims than others for admission to this country?

This unique volume unpacks the concept and practice of naming and shaming by examining how governments, NGOs and international organisations attempt to change the behaviour of targeted actors through public exposure of violations of normative standards and legal commitments.

Where do I belong? This is a question all mobile persons are bound to ask themselves at one time or another. When crossing borders, individuals establish links with States, which can be the basis for legal claims against these States.This book discusses the issue of these links and, more specifically, the question of how EU law defines the link needed to obtain the right to reside in a Member State and the right to social and employment protection in that State. When it comes to claiming rights from States, traditionally nationality is the answer to the question where a person belongs. However, in the context of European integration and the development of an EU legal framework of internal market rules, citizenship rights and immigration rules, different answers to these questions have been developedFrom this perspective the various chapters of this book examine instruments such as the Citizens Directive 2004/38, the Family Reunification Directive 2003/86, the Long-term Residence Directive 2003/109, the Social Security Coordination Regulation 883/2004, the Rome I Regulation 593/2008 and the Posting of Workers Directive 96/71. The case-law of the Court of Justice on these issues is of course a central element therein.The analyses of scholars from different legal disciplines in the fourteen chapters of this book show that EU law gives a multitude of answers to the question which link is necessary and sufficient to create an individual's right vis--vis a State. The definition of this link, the criteria used and the legal consequences differ according to the legal framework the individual finds himself/herself in and the legal instrument he/she invokes. Moreover, the criteria used in legislation and case-law continue to be the subject of problems of interpretation and application, which in turn leads to legal uncertainty or even confusion.

From the murderous reaction to the publication in a French satirical magazine of 'blasphemous' cartoons, to wrangles over the wearing of religious dress and symbols in schools and workplaces, the interaction between law and religion is rarely far from the headlines. Indeed, the editors of this Routledge collection argue that, since the events of 11 September 2001, the short- and long-term implications of multiculturalism, religious resurgence, and extremism have dominated public life both globally and domestically. Consequently, they say, the legal framework concerning the regulation of religion has changed dramatically over the last decade or so. There have been numerous developments at the global, regional, state, and sub-state level, and these changes have been accompanied by an unprecedented number of high-profile cases affecting religious individuals and groups. Now, this new collection from Routledge's Critical Concepts in Law series, edited by two prolific authors based at the world-leading Centre for Law and Religion at Cardiff University, meets the need for an authoritative reference work to help researchers and students navigate and make better sense of an abundance of scholarship. With a full index, and thoughtful introductions, newly written by the learned editors, Law and Religion traces the field's development and highlights the challenges for future explorations. The collection will be valued by legal and religious scholars as a vital and enduring resource.

Few issues have provoked as much controversy over the last decade as illegal immigration. While some argue for the need to seal America's borders and withdraw all forms of social and governmental support for illegal migrants and their children, others argue for humanitarian treatment--including legalization--for people who fill widely acknowledged needs in American industry and agriculture and have left home-country situations of economic hardship or political persecution. The study of illegal immigration necessarily confronts a broad range of migrants--from the familiar border crossers to those who enter illegally and overstay their visas, to the many unrecognized refugees who enter the country to seek protection under U.S. asylum law. The subject also demands attention to American society's responses to these newcomers--responses that often focus on limited elements of a complex issue.

A comprehensive, up-to-date review of this volatile subject, this book provides an accessible, balanced introduction to the subject. Covering the full range of illegal immigrants from Mexican border crossers to Central American refugees, illegal Europeans, and smuggled Chinese, the book considers the kind of work the migrants do and the public response to them. The work is divided into four parts: Concepts, Policies, and Numbers; The Migrants and Their Work; The Responses; and Illegal Immigration in Perspective.

During times of grave injustice, some individuals, groups, and organizations courageously resist maltreatment of all people, regardless of their backgrounds. Courageous resisters have assisted others in such locales as Nazi-controlled Europe throughout the 1930s and 40s, Argentina during the "Dirty War" of the 1970s, Rwanda in the 1990s genocide and Iraqi prisons in recent years. Using these and other case studies, this book introduces readers to the broad spectrum of courageous resistance and provides a framework for analyzing the factors that motivate and sustain opposition to human rights violations.

The Ambivalence of Good examines the genesis and evolution of international human rights politics since the 1940s. Focusing on key developments such as the shaping of the UN human rights system, decolonization, the rise of Amnesty International, the campaigns against the Pinochet dictatorship, the moral politics of Western governments, or dissidence in Eastern Europe, the book traces how human rights profoundly, if subtly, transformed global affairs. Moving beyond monocausal explanations and narratives prioritizing one particular decade, such as the 1940s or the 1970s, The Ambivalence of Good argues that we need a complex and nuanced interpretation if we want to understand the truly global reach of human rights, and account for the hopes, conflicts, and interventions to which this idea gave rise. Thus, it portrays the story of human rights as polycentric, demonstrating how actors in various locales imbued them with widely different meanings, arguing that the political field evolved in a fitful and discontinuous process. This process was shaped by consequential shifts that emerged from the search for a new world order during the Second World War, decolonization, the desire to introduce a new political morality into world affairs during the 1970s, and the visions of a peaceful international order after the end of the Cold War. Finally, the book stresses that the projects pursued in the name of human rights nonetheless proved highly ambivalent. Self-interest was as strong a driving force as was the desire to help people in need, and while international campaigns often improved the fate of the persecuted, they were equally likely to have counterproductive effects. The Ambivalence of Good provides the first research-based synopsis of the topic and one of the first synthetic studies of a transnational political field (such as population, health, or the environment) during the twentieth century. Based on archival research in six countries, it breaks new empirical ground concerning the history of human rights in the United Nations, of human rights NGOs, of far-flung mobilizations, and of the uses of human rights in state foreign policy.

After having ignored victims, only recently both domestic and international law have begun to pay attention to them. As a consequence, different international norms related to victims have progressively been introduced. These are norms generally characterized by a certain concept from the perspective of victims, as well as by the enumeration of a list of rights to which they are entitle to; rights upon which the international statute of victims is built. In reverse, these catalogues of rights are the states' obligations. Most of these rights are already existent in the international law of human rights. Consequently, they are not new but consolidated rights. Others are strictly linked to victims, concerning the following categories: victims of crime, victims of abuse of power, victims of gross violations of international human rights law, victims of serious violations of international humanitarian law, victims of enforced disappearance, victims of violations of international criminal law and victims of terrorism.
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