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.

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 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 study of contemporary South Africa focuses thematically on the major political contestants, interest-groups and power-brokers in that country. The contributors, several of whom have first-hand experience of the South African problem, attempt to provide from varied perspectives - ranging from the Afrikaner establishment to the exiled liberation movements - an introduction to aspects of contemporary South African politics and an insight into its many forms of resistance.

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.

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 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.

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.

This volume extends debates on the interaction between universal human rights and the political experiences of Iranians, through a conceptual analysis of 'theories of change'. It assesses the practical processes by which individuals, organizations and movements can reform or impact the structural, theological and political challenges faced in the Iranian context. Contributors to this volume investigate how structures, institutions, and agents in Iran maneuver for influence and power at the state level, through the law, in international corridors, at the grassroots, and by implementing multiple and complex methods. The chapters provide distinct but interrelated analysis of key drivers of change in Iran. A number of those operate primarily through top-down approaches, such as the political reform movement, lawyers pursuing legislative change, and international human rights monitoring bodies. Others take a bottom-up approach, including local movements and campaigns such as the women's movement, the labor movement, the student movement, and ethnic minority groups. By prompting drivers of change to think about causation, influence, sequencing, prioritization, roles and relationships, a theory of change ultimately makes the work more effective. Through rigorous analysis of these issues for drivers of change in the Islamic State, this volume is an important contribution to human rights in Iran. In an era of escalating tensions in the Middle East, it amplifies voices of reform and freedom, filling a crucial gap in our understanding of this region.

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.

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.

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.

This book offers a unique insight into the moral politics behind the making of human trafficking policy in Australia and the United States of America. As governments around the world rush to meet their international obligations to combat human trafficking, a heated debate has emerged over the rights, wrongs, and harms of prostitution, and its relationship to sex trafficking. The Politics of Sex Trafficking identifies and challenges intrinsic notions of moral harm that have pervaded trafficking discourse and resulted in a distinctly anti-prostitution agenda in trafficking policy in recent decades. Including rare interviews with key political actors, this book charts the competing perspectives of feminist, faith-based, and sex-worker activists, and their efforts to influence policy-makers. This critical account of the creation of anti-trafficking policy challenges the sex trafficking narrative dominant in US Congressional and Australian Parliamentary hearings, and demonstrates the power of a moral politics in shaping policy.This book will appeal to academics across the fields of criminology, criminal justice, law, human rights and gender studies, as well as policy-makers.

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.

European Union equality and anti-discrimination law were revolutionized by the incorporation of Article 13 into the EC Treaty, adding new anti-discrimination grounds and new possibilities. This comprehensive 2007 volume provides a fresh approach to Article 13 and its directives; it adopts a contextual framework to equality and anti-discrimination law in the European Union. Part I deals with the evolution of Article 13, demographic and social change and the inter-relationship between European Equality Law and Human Rights. Part II contains expert essays on each of the Article 13 anti-discrimination grounds: sex, racial or ethnic origin, religion or belief, disability, age and sexual orientation, with common themes weaving throughout. This book will be of interest to everyone concerned with combating discrimination, academics, NGOs, lawyers, human resource professionals, employers, employees, research students and many others in the European Union and beyond.

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.

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.

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 safeguarding of human rights remains highly problematic, despite the proliferation of human rights instruments and the many actions taken by a variety of actors, such as governmental and non-governmental organisations, (individual) states and the international community over the past decades. Human rights violations do still occur on a large scale and injustice remains rampant. Central to this problem appears to be that social, economic, cultural and political structures in societies provide denialist defence mechanisms. Such deeply embedded denialism causes and/or facilitates human rights violations, because the true nature of the problems involved remains fully or partly unacknowledged and as a result appropriate action remains absent. In order to safeguard the effectuation of human rights it is thus pertinent to acknowledge and address this problem of denialism and develop strategies to move beyond it. To address the above-mentioned problem, an international conference was organised on the theme of Denialism and Human Rights by the Maastricht Centre for Human Rights in 2015, which brought together scholars, practitioners and students from various disciplines and fields to unearth and address denialism in the context of their own particular area of research.The present volume contains a unique collection of papers that were presented during the conference. The content of the papers ranges from more general reflections on the theme of denialism and human rights to more specific areas of research that are relevant in terms of denialism such as genocide, children's rights, the role of (inter)national organisations, penology, and social, economic and cultural rights.