The impact of the European Convention on Human Rights on public and criminal law has been well documented. The common law will be equally revolutionised by the Convention,yet its future is uncharted. This collection of papers, the product of two seminars held jointly with 1 Crown Office Row and the human rights group Justice, offers some navigational aids to those confronted with these deep waters. It contains analyses of current law and predictions for the future from practitioners and experts in a range of common law fields, including clinical negligence, medical law, environmental law, mental health and defamation. In addition to these specific areas, these chapters also explore the relationship between the ECHR principles of proportionality and margin of appreciation and the traditional way of resolving common law disputes. The book also includes a detailed - and controversial - scrutiny of the compatibility of the legal aid and costs proposals with the procedural right to a fair trial guaranteed by the Convention. CONTENTS 1 INTRODUCTION William Edis 2 THE CONVENTION AND THE HUMAN RIGHTS ACT: A NEW WAY OF THINKING Philip Havers QC and Neil Garnham 3 COSTS, CONDITIONAL FEES AND LEGAL AID Guy Mansfield QC 4 HORIZONTALITY: THE APPLICATION OF HUMAN RIGHTS STANDARDS IN PRIVATE DISPUTES Jonathan Cooper 5 REMEDIES Rosalind English 6 GENERAL COMMON LAW CLAIMS AND THE HUMAN RIGHTS ACT Richard Booth 7 BRINGING AND DEFENDING A CONVENTION CLAIM IN DOMESTIC LAW: A PRACTICAL EXERCISE Philippa Whipple 8 THE IMPACT OF THE CONVENTION ON MEDICAL LAW Philip Havers QC and Neil Sheldon 9 CLINICAL NEGLIGENCE AND PERSONAL INJURY LITIGATION Robert Owen QC, Sarah Lambert and Caroline Neenan 10 ENVIRONMENTAL RIGHTS David Hart 11 CONFIDENTIALITY AND DEFAMATION Rosalind English 12 MENTAL HEALTH Jeremy Hyam 13 BIBLIOGRAPHY AND GUIDE TO Sources Owain Thomas

Citizenship is no longer an exclusive relationship. Many people today are citizens of multiple countries, whether by birth, naturalization, or even through monetary means, with schemes fast-tracking citizenship applications from foreigners making large investments in the state. Moral problems surround each of those ways of acquiring a second citizenship, while retaining one's original citizenship. Multiple citizenship can also have morally problematic consequences for the coherence of collective decisions, for the constitution of the demos, and for global inequality. The phenomenon of multiple citizenship and its ramifications remains understudied, despite its magnitude and political importance. In this innovative book, Ana Tanasoca explores these issues and shows how they could be avoided by unbundling the rights that currently come with citizenship and allocating them separately. It will appeal to scholars and students of normative political theory, citizenship, global justice, and migration in political science, law, and sociology.

Can human rights really protect people from want? If one is lacking medical care or housing, can one really go to a judge and ask for the provision of such goods and services? These questions have proved divisive for academics, politicians and judges working in the field of human rights. Some consider that there is no real difference between civil and political rights and economic, social and cultural rights. Others think that economic, social and cultural rights have structural features that make their judicial protection unwelcome. This book aims to move this debate forward. It starts by recognizing that while there is no abyss between civil and political rights and economic, social and cultural rights, some perceptible differences between different duties arising out of human rights remain. In particular, duties aiming to provide for basic needs which are significantly costly give rise to problems that deserve special attention. They are structurally disposed to give rise to dilemmas. Under human rights, everybody is entitled to certain goods and services in times of dire need, but in a context of scarcity, there are not enough resources to provide these goods and services to everybody. Under what rule or principle would it be reasonable for judges to intervene in these sorts of situations? What would be the best approach to these problems? How can a judge intervene in these problems while maintaining his commitment to the rights of everyone? The book studies the possibilities of judicial engagement with matters of welfare in situations of scarcity. First, it isolates the real problems that such forms of judicial engagement entail. Afterwards, it presents three distinct strategies for protecting welfare duties judicially: reasonableness, prioritization and deliberative democratic dialogue. Reasonableness is based on the practice of reasonableness review present in the Constitutional Court of South Africa. By contrast, prioritization and deliberative democratic dialogue constitute more novel alternatives to reasonableness that are loosely inspired in various developments in comparative constitutional law. Finally, it discusses the relative merits and demerits of these strategies in an analytical framework based on qualitative comparative analysis.

These private writings by a prominent white southern lawyer offer insight into his state's embrace of massive white resistance following the 1954 "Brown v. Board of Education" ruling. David J. Mays of Richmond, Virginia, was a highly regarded attorney, a Pulitzer Prize-winning biographer, and a member of his city's political and social elite. He was also a diarist for most of his adult life. This volume comprises diary excerpts from the years 1954 to 1959. For much of this time Mays was counsel to the commission, chaired by state senator Garland Gray, that was charged with formulating Virginia's response to federal mandates concerning the integration of public schools. Later, Mays was involved in litigation triggered by that response.

Mays chronicled the state's bitter and divisive shift away from the Gray Commission's proposal that school integration questions be settled at the local level. Instead, Virginia's arch-segregationists, led by U.S. senator Harry F. Byrd, championed a monolithic defiance of integration at the highest state and federal levels. Many leading Virginians of the time appear in Mays's diary, along with details of their roles in the battle against desegregation as it was fought in the media, courts, polls, and government back rooms.

Mays's own racial attitudes were hardly progressive; yet his temperament and legal training put a relatively moderate public face on them. As James R. Sweeney notes, Mays's differences with extremists were about means more than ends--about "not the morality of Jim Crow but the best tactics for defending it."

"The Plight of the Palestinians: a Long History of Destruction is a collection of voices from around the world that establishes in both theoretical and graphic terms the slow, methodical genocide taking place in Palestine beginning in the 1940s, as revealed in the Introduction. From Dr. Francis A. Boyle's detailed legal case against the state of Israel, to Uri Avnery's "Slow Motion Ethnic Cleansing," to Richard Falk's "Slouching toward a Palestinian Holocaust," to Ilan Pappe's "Genocide in Gaza," these voices decry in startling, vivid, and forceful language the calculated atrocities taking place, the inhumane conditions inflicted on the people, and the silence that exists despite the crimes, nothing short of state-sponsored genocide against the Palestinians"--Provided by publisher.

Care-giving has become a high-profile issue in policy and practice, yet much of the literature conceives it as burdensome or even oppressive. Drawing extensively on real-life examples of care-giving relationships, Caring and Social Justice reveals an uplifting alternative approach to caring that highlights its contribution to social cohesion and social justice. It offers a clear overview of the literature including debates about an 'ethic of care' and offers a thought-provoking survey ideal for undergraduate and postgraduate study.

The book deals with the controversial relationship between African states, represented by the African Union, and the International Criminal Court. This relationship started promisingly but has been in crisis in recent years. The overarching aim of the book is to analyze and discuss the achievements and shortcomings of interventions in Africa by the International Criminal Court as well as to develop proposals for cooperation between international courts, domestic courts outside Africa and courts within Africa. For this purpose, the book compiles contributions by practitioners of the International Criminal Court and by role players of the judiciary of African countries as well as by academic experts.

Providing a unique critical perspective to debates on slavery, this book brings the literature on transatlantic slavery into dialogue with research on informal sector labour, child labour, migration, debt, prisoners, and sex work in the contemporary world in order to challenge popular and policy discourse on modern slavery.

Open government initiatives have become a defining goal for public administrators around the world. However, progress is still necessary outside of the executive and legislative sectors. Achieving Open Justice through Citizen Participation and Transparency is a pivotal reference source for the latest scholarly research on the implementation of open government within the judiciary field, emphasizing the effectiveness and accountability achieved through these actions. Highlighting the application of open government concepts in a global context, this book is ideally designed for public officials, researchers, professionals, and practitioners interested in the improvement of governance and democracy.

Unlike most leading works that focus on a broad spectrum of the woman's rights movement, Israel Kugler's volume provides an in-depth analysis of the drive for equalty for women during a specific, influential era in American history: the pioneering efforts of woman's rights organizations in the post-Civil War period. With the war against slavery at an end, the Reconstruction Era was hailed by women leaders, who had been active in the Union cause, as the time for the establishment of equal rights for all humanity--men and women alike. It was this historic period that saw the creation of permanent woman's rights organizations dedicated to a specific goal--that of woman suffrage.

Traveling alone when she was between 17 and 22, with no institutional affiliation and no financial assistance, the author visited five developing countries and two developed ones on five continents. Her goal was to extend her own experience in an abortion clinic in Portland, Oregon. Lara Knudsen interviewed over 90 women's rights activists, health professionals, NGO workers, and government officials, gaining a sense of both official policies and the actual delivery of services in local clinics. In each setting she asked, ""How much control do women have over their bodies and fertility-related decisions?"" To begin to understand the answer to this vast question, the book examines women's access to sex education, maternity care, family planning, and abortion, and analyzes how much power women in diverse contexts have to negotiate sexual practices. The book places the experiences of women within the global context of how international population control agendas have influenced women's reproductive rights in the past, and how the changing international discourse on reproductive health continues to influence those rights today. This rare comparative policy book written by a single author is a model for how research can be conducted by students and activists. This ""essential primer on the comparative experiences of reproductive rights"" (as Lisa Ann Richey calls this book) is well-suited for courses in women's studies, globalization, public health, and political science.

New York Times Bestseller How far are Americans willing to go to force each other to fall in line? According to the establishment media, the intelligentsia, and our political chattering class, the greatest threat to American freedom lies in right-wing authoritarianism. We've heard that some 75 million Americans who voted for Donald Trump represent the rise of American fascism; that conservatives have allowed authoritarianism to bloom in their midst, creating a grave danger for the republic. But what if the true authoritarian threat to America doesn't come from the political right, but from the supposedly anti-fascist left? There are certainly totalitarians on the political right. But statistically, they represent a fringe movement with little institutional clout. The authoritarian left, meanwhile, is ascendant in nearly every area of American life. A small number of leftists-college-educated, coastal, and uncompromising-have not just taken over the Democratic Party but our corporations, our universities, our scientific establishment, our cultural institutions. And they have used their newfound power to silence their opposition. The authoritarian Left is aggressively insistent that everyone must conform to its values, demanding submission and conformity. The dogmatic Left is obsessed with putting people in categories and changing human nature. Everyone who opposes it must be destroyed. Ben Shapiro looks at everything from pop culture to the Frankfurt school, social media to the Founding Fathers, to explain the origins of our turn to tyranny, and why so many seem blind to it. More than a catalog of bad actors and intemperate acts, The Authoritarian Moment lays bare the intolerance and rigidity creeping into all American ideology - and prescribes the solution to ending the authoritarianism that threatens our future.

Political sociology has often left the discussion of collective political behavior to those working within a social movement framework. The politics of inequality and social division invoke important questions for political sociology. Many argue that at the heart of political sociology is the study of power differences and social inequality. This volume focuses upon how politics influences the patterns of social stratification and how the various inequalities in society affect politics. Inequalities of race, ethnicity, gender, and sexual orientation are included at local, regional, national, and transnational levels. Several studies consider "hate groups" and victims of hate.
This collection of research serves as an example of aspects of social status, social class, and ideology connected to contemporary questions about "who wins" in struggles for civic, economic, and individual citizenship. Inequalities of race, ethnicity, gender, and sexual orientation are studied at local, regional, national and transnational levels. Several articles consider "hate groups" and victims of hate. The politics of inequality are discussed in enduring theoretical frameworks and emerging literatures related to political groups and associations, the order of law and the state, social movements, and terrorism and violence. The authors hope that this volume will stimulate further work in the political sociology of social inequality.

This book focuses on decision-making by non-state justice institutions at the interface of traditional, religious, and state laws. The authors discuss the implications of non-state justice for the rule of law, presenting case studies on traditional councils and courts in Pakistan, South Sudan, Ethiopia, Bolivia and South Africa.

Migration nowadays is a universal phenomenon often instigating extreme changes in the entire life cycle of the immigrants. Occasionally, immigration is liable to impose a certain degree of change also on the life of the absorbing society at large or of substantial sectors of it. Professor Ben-Sira, a world figure in medical sociology, advances the understanding of the factors that promote or impede readjustment of immigrants and of members of the absorbing society who may feel affected by that immigration. The author surveyed 500 new immigrants to Israel from the former Soviet Union, as well as 900 members of the absorbing society in order to understand the process of immigration and integration. This book not only contributes to the understanding of the factors explaining readjustment in the wake of immigration, but also provides insights with respect to the relationship between life-change and stress.

This book develops a philosophical conception of human rights that responds satisfactorily to the challenges raised by cultural and political critics of human rights, who contend that the contemporary human rights movement is promoting an imperialist ideology, and that the humanitarian intervention for protecting human rights is a neo-colonialism. These claims affect the normativity and effectiveness of human rights; that is why they have to be taken seriously. At the same time, the same philosophical account dismisses the imperialist crusaders who support the imperialistic use of human rights by the West to advance liberal culture. Thus, after elaborating and exposing these criticisms, the book confronts them to the human rights theories of John Rawls and Jurgen Habermas, in order to see whether they can be addressed. Unfortunately, they are not. Therefore, having shown that these two philosophical accounts of human rights do not respond convincingly to those the postco lonial challenges, the book provides an alternative conception that draws the understanding of human rights from local practices. It is a multilayer conception which is not centered on state, but rather integrates it in a larger web of actors involved in shaping the practice and meaning of human rights. Confronted to the challenges, this new conception offers a promising way for addressing them satisfactorily, and it even sheds new light to the classical questions of universality of human rights, as well as the tension between universalism and relativism.

What lessons can we learn from history, and more importantly: how? This question is as commonplace as it is essential. Efficient transitional justice policy evaluation requires, inter alia, an historical dimension. What policy has or has not worked in the past is an obvious key question. Nevertheless, history as a profession remains somewhat absent in the multi-disciplinary field of transitional justice. The idea that we should learn lessons from history continues to create unease among most professional historians. In his critical introduction, the editor investigates the framework of this unease. At the core of this book are nine national European case studies (post 1945, the 1970s dictatorships, post 1989) which implement the true scholarly advantage of historical research for the field of transitional justice: the broad temporal space. All nine case studies tackle the longer-term impact of their country's transitional justice policies. Two comparative conclusions, amongst others by the internationally renowned transitional justice specialist Luc Huyse, complete this collection. This volume is a major contribution in the search for synergies between the agenda of historical research and the rapidly developing field of transitional justice.

Written by the leading political expert on Suriname, this thrilling tale describes ethnically inspired guerilla warfare, terrible human rights violations, military coups, painful redemocratization processes, and economic implosion. Although part of the American family of nations in the Western Hemisphere, there is almost nothing written about Suriname as a modern country. There are some ethnographies, some histories of ex-slave rebellions, and passing references to the atrocities of colonial plantation systems. After that, the dark clouds of obscurity close over a fascinating if beleaguered close American cousin, one whose history as an independent nation has much to say to the strife-ridden trouble spots of the 1990s--Bosnia, Sri Lanka, Liberia, and Nicaragua.

Are the global trends toward democratization and neoliberal economic development also providing enhanced protection for human rights? In this edited collection of theoretical essays and case studies, the contributors assess the often glaring contradiction between democratization trends in developing countries in the face of continuing human rights violations. The volume begins by asking whether we need to rethink our conceptualizations of democracy, human rights, and development, and particularly the causal relationships between these areas. An analysis of the changing nature of the international norms associated with these concepts illustrates some of the inherent contradictions. Next, an assessment of the status of women in the new democracies demonstrates the fallacy of assuming that all citizens progress equally, and underscores the necessity for including gender considerations and needs. Case studies based in Latin America and Africa examine further the relationships between democracy and human rights, with particular emphasis on the issue of consolidation in the future. The contributors conclude that democracy and development will only be sustainable with the active participation of civil society, especially nongovernmental groups. This collection will be important for students, scholars, and policy makers involved with issues of human rights and democratization in developing countries.

There are millions of children experiencing parental imprisonment all over the world. This book is about their problems, human rights and how they are treated throughout the justice process from the arrest of a parent to imprisonment and release.

A gripping history of China's deteriorating relationship with Hong Kong, and its implications for the rest of the world. For the 150 years that Hong Kong was a British colony, people, money and technology flowed freely, while Hong Kong residents enjoyed freedoms that simply did not exist in mainland China. When the territory was handed over to China in 1997, the Communist Party promised that Hong Kong would remain highly autonomous for fifty years. Now, at the halfway mark, it is clear that China has not kept its word. Universal suffrage and free elections have not been instituted and activists have been jailed en masse following the decree of a sweeping national security law by Beijing. As China continues to expand its global influence, Hong Kong serves as a chilling preview of how dissenters could be treated in regions that fall under the emerging superpower's control. A Hong Kong resident from 1992 to 2021, Mark L. Clifford has witnessed this transformation first-hand and has unrivalled access to the full range of the city's society, from student protestors to billionaire businessmen and senior government officials. A powerful and dramatic mix of history and on-the-ground reporting, Today Hong Kong, Tomorrow the World is the definitive account of one of the most important geopolitical standoffs of our time.

'A wonderful book ... Holmes sublimely illuminates Sylvia's extraordinary life' The Times 'A masterpiece' Vanessa Redgrave _______________ Born into one of Britain's most famous activist families, Sylvia Pankhurst was a natural rebel. A free spirit and radical visionary, history placed her in the shadow of her famous mother, Emmeline, and elder sister, Christabel. Yet artist Sylvia Pankhurst was the most revolutionary of them all. Sylvia found her voice fighting for votes for women, imprisoned and tortured in Holloway prison more than any other suffragette. But the vote was just the beginning of her lifelong defence of human rights. She engaged with political giants, warned of fascism in Europe, championed the liberation struggles in Africa and India and became an Ethiopian patriot. Her intimate life was no less controversial. The rupture between Sylvia, Emmeline and Christabel became worldwide news, while her romantic life drew public speculation and condemnation. Rachel Holmes interweaves the personal and political in an extraordinary celebration of a life in resistance, painting a compelling portrait of one of the greatest unsung political figures of the twentieth century. 'A monument to an astonishing life' Daily Telegraph, Best Biographies of 2020 'A robust and sensitive biography' Sunday Times, History Books of the Year 'A moving, powerful biography' Guardian

This book investigates how human rights law can be applied to corporate entities. To date there have been insufficient international legal mechanisms to bring corporations to justice for their misconduct abroad. The book argues that rather than trying to solve the problem locally, an international approach to corporate human rights compliance needs to be sought to prevent future corporate human rights abuses. Implementing effective and enforceable human rights compliance policies at corporate level allows businesses to prevent negative human rights impacts such as loss of revenue, high litigation costs and damage to reputation. By considering human rights to be an inherent part of their business strategy, corporations will be well equipped to meet national and regional business and human rights standards, which will inevitably be implemented in the next few years. This approach, in turn, also furthers the fundamental aim of international human rights law.