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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
The book analyses the difficulties the International Criminal Court faces with the definition of those persons who are eligible for participating in the proceedings. Establishing justice for victims is one of the most important aims of the court. It therefore created a unique system of victim participation. Since its first trial the court struggles to live up to the expectancies its statute has generated. The book offers a new approach of how to define victimhood by looking at the different international crimes. It seeks to offer guidance for the right to participate in the different stages of the proceedings by looking at the practice in national jurisdictions. Lastly the book offers insights into the functioning of the reparation regime at the ICC by virtue of the Trust Fund for Victim and its different mandates. The critical analysis of the ICC-practice with regard to definition, participation and reparation aims at promoting a realistic approach, which will avoid the disappointing of expectations and thus help to enhance the acceptance of the ICC.
This book, which updates and expands the third edition published by Springer in 2015, explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. From the standpoint of the development of adoption in England & Wales, and the changes currently taking place there, it considers the process as it has evolved in other countries. It also identifies themes of commonality and difference in the experience of adoption in a common law context, comparing and contrasting this with the experience under civil law and in Islamic countries and with that of indigenous people. This book includes new chapters examining adoption in Russia, Korea and Romania. Further, it uses the international conventions and the associated ECtHR case law to benchmark developments in national law, policy and practice and to facilitate a cross-cultural comparative analysis.
This book argues that European citizenship is transnational, a status that has emerged incrementally during the European integration process. Transnational Citizenship in the European Union follows an institutionalist approach and traces the development of citizenship discourse from the founding treaties of the EU to the most recent effort of constitution-making and the Lisbon Treaty. This helps demonstrate that such discourse has followed a path based on the foundational principles of free movement and non-discrimination rather than revolutionary ideas of a postnational citizenship beyond the nation-state. This in-depth analysis of citizenship in the EU takes into account the institutional configuration of membership, rights, identity, and participation. It also brings in the domestic level of the debate through the examination of national positions on reform proposals and the interplay between EU and member states conceptions of citizenship. Lastly, by investigating citizenship practices, the book helps foster understanding of how the EU works as a political system, and the relationship between European institutions and the recipients of their integrative politics , i.e., the citizens.
When women won the vote in the United States in 1920 they were still routinely barred from serving as jurors, but some began vigorous campaigns for a place in the jury box. This book tells the story of how women mobilized in fifteen states to change jury laws so that women could gain this additional right of citizenship. Some campaigns quickly succeeded; others took substantially longer. The book reveals that when women strategically adapted their tactics to the broader political environment, they were able to speed up the pace of jury reform, while less strategic movements took longer. A comparison of the more strategic women's jury movements with those that were less strategic shows that the former built coalitions with other women's groups, took advantage of political opportunities, had past experience in seeking legal reforms and confronted tensions and even conflict within their ranks in ways that bolstered their action.
The two-time Pulitzer Prize-winning biography of W. E. B. Du Bois from renowned scholar David Levering Lewis, now in one condensed and updated volume William Edward Burghardt Du Bois--the premier architect of the civil rights movement in America--was a towering and controversial personality, a fiercely proud individual blessed with the language of the poet and the impatience of the agitator. Now, David Levering Lewis has carved one volume out of his superlative two-volume biography of this monumental figure that set the standard for historical scholarship on this era. In his magisterial prose, Lewis chronicles Du Bois's long and storied career, detailing the momentous contributions to our national character that still echo today.
Following the 30th anniversary of the United Nations Convention on the Rights of the Child in 2020, and the creation of the UN Sustainable Development Goals, there is increased interest in and a need to develop national human rights' bodies for children's rights. This book provides an in-depth look at one domestic independent children's rights institution: the Irish Ombudsman for Children's Office, to highlight the learnings for an international audience and the methodologies that can be used to promote and protect children's rights at a national level. Co-authored by Ireland's first Ombudsman for Children and a children's rights professor, the book will present an original and informed analysis of how a national human rights institution can advocate, most effectively, for the rights of children. By using illustrative case studies, the book will highlight how the powers of a national human rights institution can be put to strategic use to address specific children's rights deficits in areas of child protection, youth detention and public awareness about children's rights. Each chapter focusses on a case study, identifies a problem, the approach or intervention by the Ombudsman for Children, the outcome and reflects on lessons learned. It ensures that the cases can be extracted, examined and replicated in other jurisdictions by an international community interested in the promotion, monitoring and protection of children's rights. It speaks to those interested in Human Rights; Children's Rights; Socio-legal studies, Social Work; Childhood Studies; Administrative Law, Constitutional Law and International Law, and to practitioners and policy-makers in this field.
This book explores the norms, practices, and main actors in the EU Migration System of Governance (EUMSG). Bringing a fresh perspective to the analysis of asylum and migration in Europe, the volume unpacks the European Union's approach to migration and points to the principles and actions of EU member states. Moreover, it explores the EUMSG's performance through the lenses of three alternative yet coexistent understandings of justice (non-domination, impartiality, and mutual recognition), thereby overcoming a unilateral ethical viewpoint and moving away from the 'open-closed borders' debate.
Globalization, along with its digital and information communication technology counterparts, including the Internet and cyberspace, may signify a whole new era for human rights, characterized by new tensions, challenges, and risks for human rights, as well as new opportunities. Human Rights and Risks in the Digital Era: Globalization and the Effects of Information Technologies explores the emergence and evolution of digital rights that challenge and transform more traditional legal, political, and historical understandings of human rights. Academic and legal scholars will explore individual, national, and international democratic dilemmas--sparked by economic and environmental crises, media culture, data collection, privatization, surveillance, and security--that alter the way individuals and societies think about, regulate, and protect rights when faced with new challenges and threats. The book not only uncovers emerging changes in discussions of human rights, it proposes legal remedies and public policies to mitigate the challenges posed by new technologies and globalization.
Millions of people around the world live in countries torn apart by war, where violence and suffering are part of everyday life. Yet in all those countries there are groups of people working for peace in the midst of war, standing up for human rights and decency. What difference can they make? What can be done to support them, and to help dialogue to happen in the midst of hostility and violence? This book examines these questions, focusing on the roles that ordinary people can play as peace builders in societies where violence and antagonism have become the norm, where inter-communal relationships are fractured or where institutions and the rule of law have collapsed. It examines the theory and practice of conflict transformation and its relevance for different cultures and contexts. Using extensive case studies taken from practical workshops--the most frequently used form of conflict intervention--in the Balkans and around the world, it shows both the power and the complexity of such encounters.
No American leader has accomplished more for his state than Governor Ron DeSantis. Now, he reveals how he did it. He played baseball for Yale, graduated with honors from Harvard Law School, and served in Iraq and in the halls of Congress. But in all these places, Ron DeSantis learned the same lesson: He didn't want to be part of the leftist elite. His heart was always for the people of Florida, one of the most diverse and culturally rich states in the union. Since becoming governor of the sunshine state, he has fought -and won-battle after battle, defeating not just opposition from the political left, but a barrage of hostile media coverage proclaiming the end of the world. When he implemented evidence-based and freedom-focused COVID-19 policies, the press launched a smear campaign against him, yet Florida's economy thrived, its education system outperformed the nation, and its COVID mortality rate for seniors was lower than that in 38 states. When he enacted policies to keep leftist political concepts like critical race theory and woke gender ideology out of Florida's classrooms, the media demagogued his actions, but parents across Florida rallied to his cause. Dishonest attacks from the media don't deter him. In fact, DeSantis keeps racking up wins for Floridians. A firsthand account from the blue-collar boy who grew up to take on Disney and Dr. Fauci, The Courage to Be Free delivers something no other politician's memoir has before: stories of victory. This book is a winning blueprint for patriots across the country. And it is a rallying cry for every American who wishes to preserve our liberties.
This interdisciplinary volume critically explores how the ever-increasing use of automated systems is changing policing, criminal justice systems, and military operations at the national and international level. The book examines the ways in which automated systems are beneficial to society, while addressing the risks they represent for human rights. This book starts with a historical overview of how different types of knowledge have transformed crime control and the security domain, comparing those epistemological shifts with the current shift caused by knowledge produced with high-tech information technology tools such as big data analytics, machine learning, and artificial intelligence. The first part explores the use of automated systems, such as predictive policing and platform policing, in law enforcement. The second part analyzes the use of automated systems, such as algorithms used in sentencing and parole decisions, in courts of law. The third part examines the use and misuse of automated systems for surveillance and social control. The fourth part discusses the use of lethal (semi)autonomous weapons systems in armed conflicts. An essential read for researchers, politicians, and advocates interested in the use and potential misuse of automated systems in crime control, this diverse volume draws expertise from such fields as criminology, law, sociology, philosophy, and anthropology.
Reexamining the Chicano civil rights movement of the 1960s and 1970s, In the Spirit of a New People brings to light new insights about social activism in the twentieth-century and new lessons for progressive politics in the twenty-first. Randy J. Ontiveros explores the ways in which Chicano/a artists and activists used fiction, poetry, visual arts, theater, and other expressive forms to forge a common purpose and to challenge inequality in America. Focusing on cultural politics, Ontiveros reveals neglected stories about the Chicano movement and its impact: how writers used the street press to push back against the network news; how visual artists such as Santa Barraza used painting, installations, and mixed media to challenge racism in mainstream environmentalism; how El Teatro Campesino's innovative "actos," or short skits, sought to embody new, more inclusive forms of citizenship; and how Sandra Cisneros and other Chicana novelists broadened the narrative of the Chicano movement. In the Spirit of a New People articulates a fresh understanding of how the Chicano movement contributed to the social and political currents of postwar America, and how the movement remains meaningful today. Randy J. Ontiveros is Associate Professor of English and an affiliate in U.S. Latina/o Studies and Women's Studies at the University of Maryland, College Park.
The various reports on cultural rights by UN Special Rapporteur Faridah Shaheed have provided a new universal standard for topics ranging from cultural diversity, cultural heritage, the right to artistic freedom and the effects of today's intellectual property regimes. This book's team of international contributors reflects upon the many aspects of cultural rights discussed in Faridah Shaheed's reports and discusses how cultural rights support cultural diversity, foster intercultural dialogue and contribute to inclusive social, economic and political development. Drawing from a range of disciplines, the contributing authors explore the meaning and position of cultural rights and the implications these may have for international relations, the international legal order and cross-cultural understanding, while also offering recommendations for the future. Key topics discussed include the link between culture and science, gender and human rights, rights to artistic freedom, the importance of historical narratives and the impact of advertising and marketing on the enjoyment of cultural rights. This worthwhile contribution to the current cultural rights debate will be of interest to academics and students teaching and studying in the fields of culture, heritage and human rights as well as policymakers who are working within cultural rights related issues. Contributors include: S. Amin, L. Belder, Y.M. Donders, H. Hagtvedt Vik, L. Hughes, J. Kall, F. Macmillan, M. Mann, H. Porsdam, D. Shabalala, F. Shaheed, S. Teilmann-Lock
Who has the right to speak? How is this right acquired? What happens when this right is denied or inhibited? These are the questions examined by Michel de Certeau in this foundational exploration of political expression and participation. In The Capture off Speech, de Certeau moves beyond formal or legal definitions of rights. He argues that to "communicate" in a contemporary political system means not only having the abstract possibility of utterance, but possessing the conditions that allow being heard. De Certeau emphasizes that all too often free speech is upheld in the abstract while social institutions work in such a way as to deny access to effective communication. The book's title essay was written in response to the revolutionary events of May 1968. Almost thirty years later, these essays remain a central resource for exploring de Certeau's political thought.
The Syrian war has been an example of the abuse and insufficient delivery of humanitarian assistance. According to international practice, humanitarian aid should be channelled through a state government that bears a particular responsibility for its population. Yet in Syria, the bulk of relief went through Damascus while the regime caused the vast majority of civilian deaths. Should the UN have severed its cooperation with the government and neglected its humanitarian duty to help all people in need? Decision-makers face these tough policy dilemmas, and often the "neutrality trap" snaps shut. This book discusses the political and moral considerations of how to respond to a brutal and complex crisis while adhering to international law and practice. The author, a scholar and senior diplomat involved in the UN peace talks in Geneva, draws from first-hand diplomatic, practitioner and UN sources. He sheds light on the UN's credibility crisis and the wider implications for the development of international humanitarian and human rights law. This includes covering the key questions asked by Western diplomats, NGOs and international organizations, such as: Why did the UN not confront the Syrian government more boldly? Was it not only legally correct but also morally justifiable to deliver humanitarian aid to regime areas where rockets were launched and warplanes started? Why was it so difficult to render cross-border aid possible where it was badly needed? The meticulous account of current international practice is both insightful and disturbing. It tackles the painful lessons learnt and provides recommendations for future challenges where politics fails and humanitarians fill the moral void.
This book explores and discusses emerging perspectives of Ubuntu from the vantage point of "ordinary" people and connects it to human rights and decolonizing discourses. It engages a decolonizing perspective in writing about Ubuntu as an indigenous concept. The fore grounding argument is that one's positionality speaks to particular interests that may continue to sustain oppressions instead of confronting and dismantling them. Therefore, a decolonial approach to writing indigenous experiences begins with transparency about the researcher's own positionality. The emerging perspectives of this volume are contextual, highlighting the need for a critical reading for emerging, transformative and alternative visions in human relations and social structures.
This book explores a new way of doing diplomacy through the engagement with non-governmental organizations, here referred to as hybrid diplomacy. Today's global politics is played out most successfully by the combined actions of different actors. A specific type of partnership is that between governments (namely Ministries of Foreign Affairs) and civil society organizations. While not the only type of global partnership at work, this is particularly effective in advancing new issues and promoting the norm changes that have been discussed at length in international relations and sociological literature. The author has chosen Italy as a case study because of the country's prolonged deployment of such policy. Being a middle power, with a strong non-profit sector, and hosting the central node of catholic global network, Italy is well positioned to take advantage of this new diplomatic mode. Through presenting a new reading of the Italian contribution to international affairs, this book contributes to broadening the scholarship in foreign policy analysis and transnational activism.
The challenge of life and literary narrative is the central and perennial mystery of how people encounter, manage, and inhabit a self and a world of their own - and others' - creations. With a nod to the eminent scholar and psychologist Jerome Bruner, Life and Narrative: The Risks and Responsibilities of Storying Experience explores the circulation of meaning between experience and the recounting of that experience to others. A variety of arguments center around the kind of relationship life and narrative share with one another. In this volume, rather than choosing to argue that this relationship is either continuous or discontinuous, editors Brian Schiff, A. Elizabeth McKim, and Sylvie Patron and their contributing authors reject the simple binary and masterfully incorporate a more nuanced approach that has more descriptive appeal and theoretical traction for readers. Exploring such diverse and fascinating topics as 'Narrative and the Law,' 'Narrative Fiction, the Short Story, and Life,' 'The Body as Biography,' and 'The Politics of Memory,' Life and Narrative features important research and perspectives from both up-and-coming researchers and prominent scholars in the field - many of which who are widely acknowledged for moving the needle forward on the study of narrative in their respective disciplines and beyond.
The Aporia of Rights is an exploration of the perplexities of human rights, and their inevitable and important intersection with the idea of citizenship. Written by political theorists and philosophers, essays canvass the complexities involved in any consideration of rights at this time. Yeatman and Birmingham show through this collection of works a space fora vital engagement with the politics of human rights.
In addition to common forms of spatial units such as satellite imagery and street views, emerging automatic identification technologies are exploring the use of microchip implants in order to further track an individual's personal data, identity, location, and condition in real time. Uberveillance and the Social Implications of Microchip Implants: Emerging Technologies presents case studies, literature reviews, ethnographies, and frameworks supporting the emerging technologies of RFID implants while also highlighting the current and predicted social implications of human-centric technologies. This book is essential for professionals and researchers engaged in the development of these technologies as well as providing insight and support to the inquiries with embedded micro technologies. |
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