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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
This book explores the constitutional debates of the Year 3 of the French Revolution (also known as Year 1 of the French Republic) and the drafts for the Declaration and the Constitution of 1793. It presents the revolutionaries' distinct view on human rights and the rights of the peoples, as well as their philosophical underpinnings. After discussing how contemporary legal history and theory, and political philosophy approached the revolutionary period, the book tackles the main topics covered during the debates and proposals. Starting with the issue of external relations and the sovereignty of the people and ending with natural rights and Republicanism, this book shows how apparently technical questions (such as what procedure should be implemented to declare a war) are intertwined with philosophical reflections on rights and with problems that were urgent at the time.
Children's Rights explores the relevance of children's participatory rights in education, particularly at a time when there are competing demands in meeting the rigid curriculum frameworks whilst taking into account children's entitlement to participate in matters affecting their lives. It engages with theoretical and practical models of participation with an aim to support reflective practice. The chapters are informed by wider academic debates and examples from research and everyday practice in early year settings, making it an accessible read for students, practitioners as well as researchers.
Critical Perspectives on Human Rights provides cutting-edge interventions into contemporary perspectives on rights, ethics and global justice. The chapters, written by leading scholars in the field, make a significant and timely contribution to critical human rights scholarship by interrogating the significance of human rights for critical theory and practice. While the contributions engage sensitively yet thoroughly with the regulatory, disciplinary, and exclusionary effects of human rights, they do so without giving up on the transformative potential of human rights. By thinking productively through the exclusions, paradoxes and aporias of human rights, Critical Perspectives on Human Rights is a key reference text for students and scholars in this important area of inquiry.
This work examines three advanced Latin American republics with long records of democracy, political stability, and economic prosperity which degenerated into instability and military dictatorship--and issues a warning for other democratic peoples. Although not beset by overpopulation, serious racial diversity, or widespread illiteracy, in recent decades the people of Uruguay, Argentina, and Chile destroyed much of the good life and many of the freedoms they formerly enjoyed. Electing too few statesmen and too many politicians, they demanded more from their governments than they were willing to pay for. Rejecting sound economic policies, they engaged in unrealistic practices which led to exorbitant inflation. In contrast to traditional respect for individual freedoms, the military governments they brought in to solve their problems committed gross violations of human rights. The political and economic blunders and their unfortunate consequences should serve as a warnings to the citizens of all democracies.
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."
Voting Rights: A Reference Handbook is a valuable resource for high school and college students curious about the history of voting rights in the United States. Voting Rights: A Reference Handbook chronicles voting rights in the United States, from the colonial period to the present. Following a historical overview is an examination of current controversies in addition to profiles of key persons and reprint important documents. The book also includes a perspectives chapter featuring ten original essays on various topics related to voting rights, as well as an annotated bibliography and chronology. The variety of resources provided, such as further reading, perspective essays about voting rights, a timeline, and useful terms in the voting rights discourse, allow this book to stand out from others in the field. It is intended for readers at the high school through community college levels, along with adult readers who are interested in the topic. Does not assume prior knowledge about the history of voting rights, fully informing students and other readers on the topic Seeks primarily to explain voting rights, rather than to provide advocacy or criticism Provides a balanced analysis of many of the current controversies surrounding voting rights Rounds out the authors' expertise in perspective essays that give readers a diversity of viewpoints on the topic
"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.
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.
Childhoods at the Intersection of the Local and the Global examines the imposition of the modern Western notion of childhood, which is now deemed as universal, on other cultures and explores how local communities react to these impositions in various ways such as manipulation, outright rejection and acceptance. The book discusses childhoods in different regions of the world and boasts a range of contributors from several academic disciplines such as Sociology, Social Work, Education, Anthropology, Criminology and Human Rights, who are experts on the regions they discuss. The book argues against the notion of a universal childhood and illustrates that different societies around the world have different notions of childhood. This book is recommended reading for students, scholars and practitioners working with children in the Global South as well as internationally.
Can human rights be claimed against agents other than states, such as transnational corporations and global governance institutions? Does the authority of human rights depend on international law-making, or do they have a moral status that must be honored even in the absence of legal structures? What obligations do human rights impose on states acting across borders? What does it mean that the international community must work together to bring about their universal realization? Do we have human rights to abortion, same-sex marriage, and fully democratic government? What must individuals do for the human rights of others? Although these questions may be essential for the future of global politics and international relations, human rights doctrine offers no conclusive answers for them. In Human Rights as Human Independence, Julio Montero develops an original theory of human rights that helps us think about these and similar issues. Montero argues that human rights regulate the conduct of sovereign political agents both within and beyond borders, and that the aim of human rights norms is to protect everyone's fundamental moral claim to enjoy an equal sphere of agency to develop their personality. Human Rights as Human Independence offers a comprehensive, systematic, and complete account of the nature, sources, and scope of human rights that can be used to interpret international documents and make informed decisions about how human rights practice must be continued in the years to come. The book is thus of interest for a wide audience, ranging from philosophers and political theorists to lawyers, human rights scholars, and activists.
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.
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.
The founders of the American republic saw two motivations for individual civic participation: self-interest and civic duty. "Civic Participation in America" frames our understanding of civic and political participation the way the nation's founders did: as a human behavior powerfully influenced by institutions within society. The book examines the influence of the important macro-institutions of citizenship, political economy, and the public sphere and size of government, as well as key institutions of civic socialization such as the family, media, and education, on the motivation to participate. It argues that over time these institutions have encouraged more self-interested participation over civic duty-oriented participation.
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.
Historians of the Civil Rights Movement have long set their sights on the struggles of African Americans in the South and, more recently, North. In doing so, they either omit the West or merge it with the North, defined as anything outside the former Confederacy. Historians of the American West have long set the region apart from the South and North, citing racial diversity as one of the West's defining characteristics. This book integrates the two, examining the Civil Rights Movement in the West in order to bring the West to the Civil Rights Movement. In particular, it explores the challenge that California's racial diversity posed for building a multiracial civil rights movement, focusing on litigation and legislation initiatives advanced by civil rights reformers (lawyers, legislators, and advocacy organizations) on behalf of the state's different racial groups. A tension between sameness and difference cut through California's civil rights history. On the one hand, the state's civil rights reformers embraced a common goal - equality of opportunity through anti-discrimination litigation and legislation. To this end, they often analogized the plights of racial minorities, accentuating the racism in general that each group faced in order to help facilitate coalition building across groups. This tension - and its implications for the cultivation of a multiracial civil rights movement - manifested itself from the moment that one San Francisco-based NAACP leader expressed his wish for "a united front of all the minority groups" in 1944. Variations proved major enough to force the litigation down discrete paths, reflective of how legalized segregation affected African Americans, Japanese Americans, and Mexican Americans in different ways. This "same but different" tension continued into the 1950s and 1960s, as civil rights reformers ventured down anti-discrimination roads that began where legalized segregation ended. In the end, despite their endorsement of a common goal and calls for a common struggle, California's civil rights reformers managed to secure little coalescence - and certainly nothing comparable to the movement in the South. Instead, the state's civil rights struggles unfolded along paths that were mostly separate. The different axes of racialized discrimination that confronted the state's different racialized groups called forth different avenues of redress, creating a civil rights landscape criss-crossed with color lines rather than bi-sected by any single color line.
The Trump administration's war on asylum and what Congress and the Biden administration can do about it Donald Trump's 2016 campaign centered around immigration issues such as his promise to build a border wall separating the US and Mexico. While he never built a physical wall, he did erect a legal one. Over the past three years, the Trump administration has put forth regulations, policies, and practices all designed to end opportunities for asylum seekers. If left unchecked, these policies will effectually lead to the end of asylum, turning the United States-once a global leader in refugee aid-into a country with one of the most restrictive asylum systems. In The End of Asylum, three experts in immigration law offer a comprehensive examination of the rise and demise of the US asylum system. Beginning with the Refugee Act of 1980, they describe how Congress adopted a definition of refugee based on the UN Refugee Convention and prescribed equitable and transparent procedures for a uniform asylum process. The authors then chart the evolution of this process, showing how Republican and Democratic administrations and Congresses tweaked the asylum system but maintained it as a means of protecting victims of persecution-until the Trump administration. By expanding his executive reach, twisting obscure provisions in the law, undermining past precedents, and creating additional obstacles for asylum seekers, Trump's policies have effectively ended asylum. The book concludes with a roadmap and a call to action for the Biden administration and Congress to repair and reform the US asylum system. This eye-opening work reveals the extent to which the Trump administration has dismantled fundamental American ideals of freedom from persecution and shows us what we can do about it.
From small-town life to the national stage, from the boardroom to
Capitol Hill, athletic contests help define what we mean in America
by "success." And by keeping women from "playing with the boys" on
the grounds that they are inherently inferior to men, society
relegates them to second-class status in American life.
Draws together contributions from leading figures in the field of surveillance to engage in the discussion of the emergence of accountability as a means to manage threats to privacy. The first of its kind to enrich the debate about accountability and privacy by drawing together perspectives from experienced privacy researchers and policy makers.
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.
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.
This book presents the outcomes of a field action project at the Tata Institute of Social Sciences (TISS). Project Chunauti (English translation: Project Challenge) focused on a group of intellectually disabled, orphan children who were survivors of abuse, exploitation and neglect, and describes their journey toward empowerment. It offers a vision and a reproducible, adaptable model for rehabilitation that can foster the social re-integration of intellectually disabled orphans at institutions. As the implementation of laws is especially important for vulnerable groups, the book also outlines a socio-legal approach that not only impacts the children directly, but can also bring about policy level reforms. Project Chunauti was born out of the need to explore options for these children and to set standards for their care, protection, rehabilitation and social re-integration. The core objectives of the project were to provide support and services, including counseling, education, life skills and vocational skills training, as well as medical and psychiatric support to help them overcome the trauma of abuse and exploitation. Its further goal was to train the staff of state-run homes and state authorities, helping them prepare and implement care plans and rehabilitation, combat child sexual abuse and malnutrition, employ positive disciplining, and better understand disabilities. The book also draws on the Project team's experiences of rolling out the replication process in Maharashtra. This book highlights the role of the courts, media and other stakeholders in the journey towards empowerment and justice. It is a combination of social-work methods, application and implementation of law and legal advocacy, as well as best practices for protecting children's rights and developing rehabilitation and re-integration projects for intellectually disabled, orphaned children in India. The interventions detailed here provide a reproducible, adaptable model of intervention for children in institutional care across the country.
"Political Freedom" describes the liberties and rights of persons to take action which is deliberately designed to influence and affect public purposes: in particular government policy, the law and public opinion. Howard Davis looks at how the presence of political motives, when balanced against other motives, affects the legal character of the action, and asks why common law and statute should differentiate the political from the non-political. The book makes a contribution to the debate on the effectiveness of democracy in the United Kingdom in relation to the right to act politically and to participate in the political process of the nation, a human right as defined by the International Covenant on Civil and Political Rights and the European Convention on Human Rights.
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.
The Convention on the Elimination of All Forms of Discrimination Against Women is a treaty for all girls and women in this world. After 30 years it is still valid and necessary both in developed and in developing States. This image is clearly conveyed by the authors of this book, who represent a wide variety of national and cultural backgrounds, and who have put the implementation of the provisions in the Convention to the test both in modern and in traditional societies. In addition, some chapters pay attention to issues that are not contained in the treaty itself but that greatly impact the realization of women's human rights, such as gender mainstreaming, gender-based violence, and corruption. The strengths and weaknesses, and the future potential of the Convention as well as the work of its monitoring body are critically analyzed and compared to other human rights treaties and organs. It becomes clear that, irrespective of the existing flaws, the Convention is the best option for achieving women's equality. With contributions by Margreet de Boer, Martine Boersma, Marjolein van den Brink, Fons Coomans, Tilly Draaisma, Cees Flinterman, Gerard-Rene de Groot, Sille Jansen, Menno T. Kamminga, Jasper Krommendijk, Pauline Kruiniger, Fleur van Leeuwen, Phyllis Livaha, Zoe Luca, Nishara Mendis, Jule Mulder, Rolanda Oostland, Kate Rose-Sender, Samira Sakhi, Dagmar Schiek, Jennifer Sellin, Laura Visser, Lisa Waddington, Antonia Waltermann, Ingrid Westendorp, Anja Wiesbrock, Marjan Wijers. |
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