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Books > Social sciences > Politics & government > Political control & freedoms > 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.
Women burst onto the political scene in Africa after the 1990s, claiming more than one third of the parliamentary seats in countries like Angola, Mozambique, South Africa, Tanzania, Uganda, and Burundi. Women in Rwanda hold the highest percentage of legislative seats in the world. Women s movements lobbied for constitutional reforms and new legislation to expand women s rights. This book examines the convergence of factors behind these dramatic developments, including the emergence of autonomous women s movements, changes in international and regional norms regarding women s rights and representation, the availability of new resources to advance women s status, and the end of civil conflict. The book focuses on the cases of Cameroon, Uganda, and Mozambique, situating these countries in the broader African context. The authors provide a fascinating analysis of the way in which women are transforming the political landscape in Africa, by bringing to bear their unique perspectives as scholars who have also been parliamentarians, transnational activists, and leaders in these movements.
"The Aesthetics of Free Speech: Rethinking the Public Sphere" is
one of the first books to theoretically explore the relationship
between free speech and the public sphere. By drawing upon Marxist
theory the author, John Michael Roberts, demonstrates how liberal
theorists frequently construct an abstract aesthetic of "rational,"
"cultivated" and "competent" discussion which then serves as a norm
through which certain utterances can be humiliated and excluded
from participating fully within the public sphere. However, the
author also shows how excluded utterances develop their own
aesthetic of free speech and how this aesthetic then comes back to
haunt the bourgeois public sphere.
This book investigates a phenomenon in world politics that is largely overlooked by scholars, namely entities lacking international recognition of their status as independent states. It includes case studies on the Eurasian Quartet, Kosovo, Somaliland, Palestine, Northern Cyprus, Western Sahara and Taiwan.
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.
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.
Top scholars and practitioners from a variety of ideological perspectives consider liberal democracy and the Jeffersonian legacy, both in relation to key issues in the practice and theory of rights (human rights, individual rights) and in relation to key themes in political thought such as citizenship and participation that remain at the forefront of our debates about public life today. perspectives on Jefferson's ideals and thought. The second section explores the key themes of sovereignty, citizenship, participation, and accountability. A concluding section analyzes the relevance and place of Jefferson's legacy and the fate of liberal democracy in today's world. Contributors offer varying perspectives on questions such as: Is what is good for America good for the rest of the world? What are the constraints that exist on the global spread of democracy, liberal or otherwise?
As the European Union faces the ongoing challenges of legitimacy, identity, and social cohesion, an understanding of the social purpose and direction of EU citizenship becomes increasingly vital. This book is the first of its kind to map the development of EU citizenship and its relation to various localities of EU governance. From a critical political economy perspective, the authors argue for an integrated analysis of EU citizenship, one that considers the interrelated processes of migration, economic transformation, and social change and the challenges they present.
This book investigates the modern privatisation of war. It specifically focuses on the legal regime regulating private military and security company (PMSC) personnel in armed conflicts. The law regulating PMSC personnel is analysed from two perspectives. Firstly, can one of the three following legal statuses established by international humanitarian law - "mercenary", "combatant" or "civilian" - be applied to PMSC personnel? Secondly, the book employs a context-dependent methodology to explore the legal regime regulating PMSC personnel. It argues that the legal regime regulating PMSC personnel in armed conflicts depends on who hires them: individual states, the United Nations, non-governmental organisations, or armed groups. This approach represents a departure from previous literature, where attention has primarily been paid to the use of PMSCs by states.
This volume examines the implications of migration into and from the Middle East with a particular focus on the significance of migration movements, policy reactions, and questions concerning human rights, governance, and citizenship in relation to policy making processes. The contributors cover different yet interrelated fields of migration research, presenting new perspectives on migration and security in the Middle East and showing the ways in which recent developments challenge our traditional interpretations of migration. They also discuss how migratory movements in the Middle East raise new questions related to human rights, governance, and citizenship, which demonstrate that lack of representation and political inclusion - already a systemic problem in the Middle East - is even more relevant with respect to migrant populations.
Multiculturalism has come under considerable attack in both political practice and political theory. Yet the fact of diversity remains, and with it the need to establish the fair terms of integration in contemporary liberal societies. In examining liberal multiculturalism - an approach that has been variously criticised as either too liberal or too multicultural - this book both defends liberal multiculturalism as a coherent and practicable political theory, while also suggesting it is not without the need for reformulation. Key questions that need addressing concern the importance and role of national identities and other forms of social solidarity, compatibility with anti-discrimination measures, nature of language rights, and the unavoidability of essentialism. This collection explores these challenges whilst remaining grounded in real word contexts and issues.
This is a study of the American civil rights movement that captures the drama of the black freedom struggle from the mid-1950s to the late 1960s. It shows how King's leadership inspired masses to protest nonviolently making great strides toward resolving the American dilemma - the conflict between the nation's democratic creed and its practice of denying freedom and equality to black citizens. The author traces the course of events from the emergence of Martin Luther King Jr as a national black spokesman during the Montgomery bus boycott to his radical critique of American society and foreign policy during the last years of his life. He also provides the first in-depth analysis of King's famous "Letter from Birmingham Jail";Dr Colaiaco discusses how King's masterful use of the media drew national attention to nonviolent protests, exposing the brutality of racism, stirring the consciences of millions and compelling the Federal government to protect the constitutional rights of black Americans. He also offers an analysis of the paradox inherent in the nonviolent method - that peaceful civil rights protestors were most successful when they provoked a violent response from white racist
This profile of Dominican Americans closes a critical gap in information about the accomplishments of one of the largest immigrant groups in the United States. Beginning with a look at the historical background and the roots of native Dominicans, this book then carries the reader through the age-old romance of U.S. and Dominican relations. With great detail and clarity, the authors explain why the Dominicans left their land and came to the United States. The book includes discussions of education, health issues, drugs and violence, the visual and performing arts, popular music, faith, food, gender, and race. Most important, this book assesses how Dominicans have adapted to America, and highlights their losses and gains. The work concludes with an evaluation of Dominicans' achievements since their arrival as a group three decades ago and shows how they envision their continued participation in American life. Biographical profiles of many notable Dominican Americans such as artists, sports greats, musicians, lawyers, novelists, actors, and activists, highlight the text. The authors have created a novel book as they are the first to examine Dominicans as an ethnic minority in the United States and highlight the community's trials and tribulations as it faces the challenge of survival in a economically competitive, politically complex, and culturally diverse society. Students and interested readers will be engaged by the economic and political ties that have attached Americans to Dominicans and Dominicans to Americans for approximately 150 years. While massive immigration of Dominicans to the United States began in the 1960s, a history of previous contact between the two nations has enabled the development of Dominicans as a significant component of the U.S. population. Readers will also understand the political and economic causes of Dominican emigration and the active role the United States government had in stimulating Dominican immigration to the United States. This book traces the advances of Dominicans toward political empowerment and summarizes the cultural expressions, the survival strategies, and the overall adaptation of Dominicans to American life.
As we move further into the 21st century, it is incumbent upon lawyers and law students to understand and manage the complexities of sustainable development. International Development Law: Rule of Law, Human Rights, and Global Finance offers a coherent and systematic overview of the many issues and underlying trends that affect 'international development law' and the underlying legal architecture between developing countries and advanced nations. Professor Sarkar describes how international development works, its shortcomings, its theoretical and practical foundations, along with the prescriptions for the future. The text is structured into two basic parts: the first part deals with the theoretical and philosophic foundations of the subject, and the second part sets forth issues relating to the international financial architecture, namely, international borrowing practices, privatization, and emerging economies. International Development Law provides the reader with new perspectives on the origins of global poverty, identifies legal impediments to sustainable economic growth, and provides a better understanding of the challenges faced by the international community in resolving global policy issues.
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.
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.
Equal rights for women are an essential aspect for establishing strong societies. By making strides on these issues, nations are helping to create valuable civilizations for their own population to establish livelihoods in. The Handbook of Research on Women's Issues and Rights in the Developing World is a pivotal scholarly resource that discusses the current issues facing women's rights in developing nations, as well as suggestions for improvements on these problems. Featuring in-depth discussions on relevant topics such as working-class women, gender theories, and international migration, this publication is an ideal resource for academicians, students, and researchers that are interested in learning more about the current challenges to the women's rights movement, and how to best combat them.
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.
WINNER OF THE ORWELL PRIZE WINNER OF IRISH BOOK OF THE YEAR SHORTLISTED FOR THE BAILLIE GIFFORD PRIZE 'The most important work of contemporary reporting I have ever read' SALLY ROONEY The Western world has turned its back on refugees, fuelling one of the most devastating human rights disasters in history. In August 2018, Sally Hayden received a Facebook message. 'Hi sister Sally, we need your help,' it read. 'We are under bad condition in Libya prison. If you have time, I will tell you all the story.' More messages followed from more refugees. They told stories of enslavement and trafficking, torture and murder, tuberculosis and sexual abuse. And they revealed something else: that they were all incarcerated as a direct result of European policy. From there began a staggering investigation into the migrant crisis across North Africa. This book follows the shocking experiences of refugees seeking sanctuary, but it also surveys the bigger picture: the negligence of NGOs and corruption within the United Nations. The economics of the twenty-first-century slave trade and the EU's bankrolling of Libyan militias. The trials of people smugglers, the frustrations of aid workers, the loopholes refugees seek out and the role of social media in crowdfunding ransoms. Who was accountable for the abuse? Where were the people finding solutions? Why wasn't it being widely reported? At its heart, this is a book about people who have made unimaginable choices, risking everything to survive in a system that wants them to be silent and disappear.
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.
Immigration and Ethnic Conflict reviews the experience of post-industrial countries that have experienced large-scale movements of population since the Second World War, creating ethnically diverse multicultural societies in a context of rapid economic, technological and social change. The book uses a critical theoretical approach which emphasises the dynamic nature of the structural changes which have taken place and the interdependence of economic, political, social and psychological factors. The results of extensive comparative studies of Britain, Canada and Australia are reviewed, with special attention to questions of immigrant adaptation, refugees, racism, unemployment, ethnic nationalism and social conflict. Traditional views of immigrant assimilation are rejected in favour of one which treats immigrants and ethnic minorities as the catalysts of change in a global polity, economy and society, simultaneously united and divided by satellite communications, nuclear terror and the world population explosion.
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.
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. |
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