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Books > Social sciences > Politics & government > Political control & freedoms > Human rights
Mexicans, Haitians, Salvadorans, Cubans, Dominicans, West Indians, and Puerto Ricans, among other groups, have all sought to migrate to areas with more economic activity or less political repression than their native countries. Upon arrival in a new country, they face such problems as impersonal bureaucracies, racial prejudice, and job discrimination. "The Caribbean Exodus" is a welcome study of the historical, cultural, geographic, and economic forces behind these migrations. Examining many regions of the Caribbean, the contributors compare similarities and differences of the migrant experiences, both in their original countries and upon reaching their destinations. This timely book is an essential tool for understanding the complexities of the Caribbean migration and for developing informed and judicious policy.
An exploration of the ways that multiple inequalities are being addressed in Europe. Using country-based and region-specific case studies it provides an innovative comparative analysis of the multidimensional equality regimes that are emerging in Europe, and reveals the potential that these have for institutionalizing intersectionality.
Based on official records and reports, relevant secondary sources, and observations of members of the Convention's implementary organ, The Convention on the Rights of the Child describes and evaluates the first international human rights treaty to deal specifically with the rights and freedoms of the child. Mower deals first with the significance, origin, and development of the Convention on the Rights of the Child, then describes and analyzes its substantative content, procedures, and mechanisms for the Convention's implementation. He concludes with an examination of the factors that are most likely to determine the rate of progress toward the realization of the convention's goals. Based on official records, relevant secondary sources, and observations of members of the Convention's implementary organ, the book will be of considerable use to scholars and researchers in the fields of human rights and children's welfare.
"Choice" Outstanding Academic Title 2003 .,."A thorough summary of the trajectory of current case law on
the legal regulation of U.S. citizens' intimate lives. . . . A
valuable introduction to increasingly important and salient legal
questions about the constitutional limits on the state's ability to
shape intimate lives in the United States." .,."A worthy assessment of the law of intimate association and
personal decision-making. For those intrigued by the Court's human
side, Ball provides a sufficient glimpse without raising the
curtain on its realm of privacy that the justices have strived to
protect. "Despite the controversial content of many of the cases, Mr.
Ball maintains an air of bemused detachment and does not openly
take sides. This is not a polemic. With few exceptions, the
prevailing tone is light and scholarly. The goal is to illuminate,
not to persuade." "In this truly fascinating and spellbinding work, Ball tells
many tales." Personal rights, such as the right to procreate--or not--and the right to die generate endless debate. This book maps out the legal, political, and ethical issues swirling around personal rights. Howard Ball shows how the Supreme Court has grappled with the right to reproduce and to abort, and takes on the issue of auto-euthanasia and assisted suicide, from Karen Ann Quinlan through Kevorkian and just recently to the Florida case of the woman who was paralyzed by a gunshot from her mother and who had the plug pulled on herself. For the last half of the twentieth century, the justices of the Supreme Court have had to wrestle with newand difficult life and death questions for them as well as for doctors and their patients, medical ethicists, sociologists, medical practitioners, clergy, philosophers, law makers, and judges. The Supreme Court in the Intimate Lives of Americans offers a look at these issues as they emerged and examines the manner in which the men and women of the U.S. Supreme Court addressed them.
The African American heritage is interwoven throughout the history of the United States, but few educators are prepared to teach children about the events that shaped the African American experience. Most of the stories about slavery, the days when it was illegal to teach black children to read, and when blacks were not allowed to vote or own land, are part of the remembered oral history of black families. Morgan retells American history from the point of view of the events that effected blacks--the Great Depression, the WPA, and the federal policies that led to current Head Start programs, school integration in the 1950s and the Civil Rights Movement in the 1960s, the War on Poverty, and the IQ controversy. He shows how Aesop and the teachings of Socrates and Aristotle established the philosophical traditions perpetuated by the great black educators, W.E.B. DuBois and Booker T. Washington, with the purpose of providing black children with a better understanding of their heritage, their importance in American history, and their place in the world.
Statelessness remains an issue of concern in Europe. Stateless people are without any nationality and often experience problems with accessing basic rights, despite the proclamation of human rights and a right to a nationality for all. Various attempts have been made to address statelessness specifically, for instance by the adoption of the United Nations Statelessness Conventions, but also by European regional cooperation mechanisms. This research therefore analyses and places into context the legal approaches that states have taken together in the context of the Council of Europe and the European Union to prevent and solve statelessness from a human rights perspective. In understanding the contribution of European law to preventing and solving statelessness, the study also reflects on what this adds to the legal concept of nationality and ways in which to move forward.
Unique among nations, America is deeply religious, religiously
diverse, and remarkably tolerant. In recent decades, however, the
nation's religious landscape has undergone several seismic shocks.
"American Grace "is an authoritative, fascinating examination of
what precipitated these changes and the role that religion plays in
contemporary American society.
As the target year of achieving Education for All development goals approached in 2015, there were discussions about the post-EFA agenda, a process parallel to setting the post-Millennium Development Goals. This transition should not be understood simply as a normative framework. It has coincided with changes in structure, actors, modes of interactions, and practices. The emergence of new types of donors who used to be recipients of aid is changing the landscape of international educational development. Transnational networks of civil society actors gained power to set the discourse at multiple levels, through their global mission-driven and expertise-based advocacy. Advanced communication technologies and broader participation increased the amount of ideas exchanged, while the global governance structure becomes more centralized in its decision making.
This book explores in what ways both sides involved in the
so-called war on terror are using schoolchildren as propaganda
tools while putting the children's security at grave risk. The book
explores how terrorists use attacks on education to attempt to
destabilize the government while the government and the
international aid community use increases in school attendance as
an ostensible index of largely illusory progress in the overall
security situation and in development. The book challenges the
notion that unoccupied civilian schools are not entitled under the
law of armed conflict to a high standard of protection which
prohibits their use for military purposes. Also examined are the
potential violations of international law that can occur when
government and education aid workers encourage and facilitate
school attendance, as they do, in areas within conflict-affected
states such as Afghanistan where security for education is
inadequate and the risk of terror attacks on education high.
This book constitutes the first comprehensive publication on the duty of care of internationalorganizations towards their civilian personnel sent on missions and assignments outsideof their normal place of activity. While the work of the civilian personnel of internationalorganizations often carries an inherent risk, the regulations, policies and practices of theemployer can help to address and mitigate that risk. In this book, the specific content and scope of the duty of care under international law is clarifiedby conducting an unprecedented investigation into relevant jurisprudence and legal sources.Included is a critical assessment of the policies of selected international organizations while aset of guiding principles on the duty of care of international organizations is also presented. This publication fills a gap in the existing academic literature on the topic and is aimedparticularly at academics and practitioners interested in the legal implications of the deploymentof civilian personnel abroad by international organizations. This includes scholarsand university-level students specializing in international law, international human rightslaw, the law of international organizations, labour law, EU law, international administrativelaw and the UN system, and practitioners, such as lawyers and consultants, representing oradvising international organizations or their personnel on the legal aspects of deployment. The book is also aimed at the senior management of international organizations and at theirofficers in charge of recruitment, human resources, training and security, in that it clarifiestheir legal obligations and provides concrete examples of the policies various internationalorganizations have in place for the protection of civilian personnel. Current and prospectivecivilian personnel of international organizations should also find the book useful forclarifying their rights and duties. Andrea de Guttry is Full Professor at the Dirpolis Institute of the Sant'Anna School ofAdvanced Studies in Pisa, Micaela Frulli is Associate Professor at the Dipartimento di ScienzeGiuridiche (DSG), University of Florence, Edoardo Greppi is Full Professor at the Dipartimentodi Giurisprudenza, University of Turin, and Chiara Macchi is Research Fellow at theDirpolis Institute of the Sant'Anna School of Advanced Studies in Pisa.
Eclipse of Freedom unravels the dynamics of oppression that frustrates human aspiration, highlights policy linkages that explain unwarranted misery, assesses the human damage caused by dysfunctional social policies and fragmented services, and identifies a progressive mechanism of social transformation. Brij Mohan posits social theory and the human condition in a post-material context that emphasizes peace, justice, and equality as biodiverse needs of the human family. The focus of the study is the structure of oppression: racism, sexism, ageism, classism, as well as poverty, AIDS, homelessness, and other scourges that affect the alienated underclass. Mohan rejects the New World Order as a perversion of Nietzschean logic and challenges scientists, philosophers, and policymakers to think critically and to act responsibly in search of universal freedom.
This book is a comparative study of similar people in different environments at the same point in time. The six chapters discuss why eastern European Jews came to London and New York, the differences and similarities in the settlement process, the schools they found and the use they made of them, and the mobility they achieved. The study concludes that individual and societal conditions made it impossible for more than a small proportion of the generation that grew to maturity before the first world war to use schooling as a road to the middle class. In general, the Russian and Polish Jews who came to New York reached the middle class sooner than those who remained in London and thus can be said to have made the better choice.
A study of gult from the 13th century to 1910 revealing much about the history of highland Christian Ethiopia. Gult, a system of land tenure encompassing both taxation and tribute, is unique to highland Ethiopia. It was through this that Ethiopian states and their rulers affected the lives of ordinary people. US, Canada & rest of world (exc. UK, Commonwealth & Europe) : University of Illinois Press Ethiopia: Addis Ababa University Press
This book examines selected legal complexities of the notion of torture and the issue of the proper foundation for legally characterizing certain acts as torture, especially when children are the targeted victims of torture. ICC case law is used to highlight the International Criminal Court's reluctance in practice to prosecute as a separable offence the crime of torture as set out in one or more of the relevant provisions of the Rome Statute where children are the particularized targets as part of a common plan during armed conflict. Also addressed is the failure of the ICC to consider that the young age of the victims of torture (i.e. children) should be an aggravating factor taken into account in determining the ICC sentence for those convicted of the torture of civilians, including children, in the context of armed conflict as part of a common plan. The six UN-designated grave crimes against children (including child soldiering for State or non-State forces perpetrating mass atrocities, and sexual violence perpetrated on a systematic and widespread basis against children including child soldiers), it is argued, are also instances of the torture of children as part of a common plan such that separate charges of torture are legally supportable (along with the other charges relating to additional Rome Statute offences involved in such circumstances). Useful legal perspectives on the issue of the torture of children in its various manifestations gleaned from the case law of other international judicial forums such as the Inter-American Court of Human Rights and the ICTY are also examined.
Martin Luther King Jr exercised a tremendous degree of influence in a movement that between 1955 and 1965 successfully dismantled a system of legalised racial segregation and disfranchisement entrenched for over sixty years in the United States. How did King, who came from a subordinated group within American society, help effect this change? What background, characteristics, abilities and ideas enabled him to do this? Why was King so important in shaping the civil rights movement? John A. Kirk looks at the sources of King's power in the black community and its relationship to wider American society, focusing particularly on the role of the black church, the philosophy of nonviolence and issues of leadership, whilst paying due attention to the voices of King's critics and detractors and to the limitations of his power. He locates King firmly within the context of other leaders and organisations, voices and opinions, and tactics and ideologies, which made up the movement as a whole. Fifty years after the Montgomery bus boycott, which launched King's movement leadership, this book moves beyond the all-too-often oversimplified story of King's life and times to provide an innovative analytical framework for understanding the role played by one of the United States' most important historical figures. John A. Kirk is senior lecturer in US History at Royal Holloway, University of London. He has written extensively on the history of the civil rights movement, including "Redefining the Color Line: Black Activism in Little Rock, Arkansas, 1940 1970" (2002) which won the 2003 J. G. Ragsdale Book Award.""
"With Forewords by Geoffrey Robertson QC, Doughty Street Chambers, London, UK and Professor Mihail E. Ionescu, Bucharest, Romania" Simona u uianu describes a new model of sovereignty which is fast replacing the traditional Westphalian model embodied in Article 2 of the UN Charter and rigorously followed throughout the Cold War. The scholarly basis for this new model draws upon developments in international criminal law which first emerged from the Nuremberg trials and upon more recent interstate economic cooperation which has turned sovereign independence into interdependence across a range of state functions. Does this mean that traditional Westphalian concepts of sovereignty should be abandoned in constructing a new theory of world governance for the twenty-first century? Not at all. A new model, which can be called the pattern of interdependence-based sovereignty, serves to explain contemporary events that puzzle traditional theorists, such as the war over Kosovo, the invasions of Iraq and Libya, the emergence of a "Responsibility to protect" doctrine and its recent validation in Security Council Resolutions 1970 and 1973. We are witnessing the emergence of a new philosophy of action, which is in the process of producing a 21st century system of international relations. The Book will appeal to academics, students and postgraduates studying international affairs, politics, international law, diplomatic history, or war and/or peace studies. It is particularly of interest for NATO establishments and national military schools, while experts and scholars will value its theory of what sovereignty means today. The Book offers a multidisciplinary approach which underpins a new theory of how human rights can be better protected in a better world. There is a unique case study of cooperative security in the Greater Black Sea Area, by one of the few experts on the politics of this region." "It will be read and appreciated by those who need to understand how modern international law and diplomacy really work. Journalists, media commentators, human rights NGOs, aid agencies, diplomats and government officials need the information in this Book. "
Immigration and refugee policies have traditionally been based on two assumptions: first, that national sovereignty implies absolute control of a country's borders and, second, that outsiders are to be admitted only when it serves the national interest. Moral or ethical concerns have not played a central role in policy formation anywhere in the world. This collection of essays challenges the traditional politically oriented position, analyzes the moral issues involved, and develops models for morally responsible immigration and refugee policies in a contemporary political setting. The editor's introduction reviews the history of U.S. immigration policy and provides a framework for considering immigration control issues. Written by leading authorities on immigration and refugee policy, this provocative volume offers an honest, sensitive exploration of some of the most difficult questions facing contemporary society. It will be of interest for studies in ethics, human rights, public policy, and political economy, as well as to general readers concerned with immigration and refugee issues.
This book analyzes the role of strategic human rights litigation in the dissemination and migration of transnational constitutional norms and provides a detailed analysis of how transnational human rights advocates and their local partners have used international and foreign law to promote abolition of the death penalty and decriminalization of homosexuality. The "sharing" of human rights jurisprudence among judges across legal systems is currently spreading emerging norms among domestic courts and contributing to the evolution of international law. While prior studies have focused on international and foreign citations in judicial decisions, this global migration of constitutional norms is driven not by judges but by legal advocates themselves, who cite and apply international and foreign law in their pleadings in pursuit of a specific human rights agenda. Local and transnational legal advocates form partnerships and networks that transmit legal strategy and comparative doctrine, taking advantage of similarities in postcolonial legal and constitutional frameworks. Using examples such as the abolition of the death penalty and decriminalization of same-sex relations, this book traces the transnational networks of human rights lawyers and advocacy groups who engage in constitutional litigation before domestic and supranational tribunals in order to embed international human rights norms in local contexts. In turn, domestic human rights litigation influences the evolution of international law to reflect state practice in a mutually reinforcing process. Accordingly, international and foreign legal citations offer transnational human rights advocates powerful tools for legal reform.
This book explores some of the conceptual questions that underpin the legal disputes which arise in relation to equality and discrimination. Among these questions are: the meaning of 'equality' as a legal concept and its relationship to the principle of non-discrimination * symmetrical and asymmetrical approaches to equality/non-discrimination * the role of comparators in discrimination/equality analysis * the selection of protected characteristics and the proper sphere of statutory and constitutional protections * the scope for and regulation of potential conflicts between protected grounds. The book engages with domestic, European Union, and European Convention on Human Rights case law, as well as with wider international approaches. It also addresses a number of contemporary issues for discrimination/equality law, including the problem of racial profiling and the regulation of multiple discrimination. This is an interesting study for all those working in the fields of discrimination and human rights. (Series: Human Rights Law in Perspective)
Winner of the 2013 Frank S. and Elizabeth D. Brewer Prize presented by the American Society of Church History Mississippi Praying examines the faith communities at ground-zero of the racial revolution that rocked America. This religious history of white Mississippians in the civil rights era shows how Mississippians' intense religious commitments played critical, rather than incidental, roles in their response to the movement for black equality. During the civil rights movement and since, it has perplexed many Americans that unabashedly Christian Mississippi could also unapologetically oppress its black population. Yet, as Carolyn Renee Dupont richly details, white southerners' evangelical religion gave them no conceptual tools for understanding segregation as a moral evil, and many believed that God had ordained the racial hierarchy. Challenging previous scholarship that depicts southern religious support for segregation as weak, Dupont shows how people of faith in Mississippi rejected the religious argument for black equality and actively supported the effort to thwart the civil rights movement. At the same time, faith motivated a small number of white Mississippians to challenge the methods and tactics of do-or-die segregationists. Racial turmoil profoundly destabilized Mississippi's religious communities and turned them into battlegrounds over the issue of black equality. Though Mississippi's evangelicals lost the battle to preserve segregation, they won important struggles to preserve the theology that had sustained the racial hierarchy. Ultimately, this history sheds light on the eventual rise of the religious right by elaborating the connections between the pre- and post-civil rights South.
Launched in 1993, The Common Core of European Private law is the oldest ongoing collective comparative law efort in Europe. Putting cases at their heart, each book in this series analyses a selected legal topic on the basis of real and fctional facts across diferent European and other jurisdictions. The likely outcome of the decision and its underlying legal rules are clearly set out case by case and jurisdiction by jurisdiction. In addition, the national reporters put the respective legal rules into the relevant cultural context. In this way, the collaborative efort brings not only the inner structures of national laws in Europe to the fore, but also the diferent cultural sensitivities forging their development in the frst place. It allows a reliable map of what is diferent and what is common in the various private laws across Europe to be drawn, without any specifc agenda for or against the further harmonisation of private law in Europe. The series comprises more than 20 volumes of work of more than 300 academics and is an invaluable tool to understand private law across Europe. In this book, which is part of the Common Core of European Private Law series, reporters consider legal institutions - such as the well-known acquisitive prescription and adverse possession - that allow squatters and other persons who have occupied the private or public land of others to acquire that land through mere long-term use. Rules permitting such acquisition have existed since Roman times and are said to promote legal certainty as regards ownership of land. The reporters investigate how these rules work in their legal systems today and whether this justifcation still holds water, especially given that land is now registered in most countries. Registration seems to obviate the necessity for rules permitting acquisition of land through mere long-term use, as land registration systems create clarity as to who owns the land. The continued existence of these rules also comprises a human-rights dimension. Landowners enjoy constitutional property protection under many constitutions and other legal instruments. The loss of protected ownership draws the constitutional validity of rules on long-term use into question. Yet, the rights to housing and human dignity are also relevant, especially where such users have lived on the land for extended periods and regard it as their home or where they are vulnerable to landlessness. As such, these rights must be balanced against each other. The reporters represent 19 jurisdictions from all over the world, including civil law, common law and mixed legal systems, and are from both the global north and the global south. A comparison between these legal systems and their experience with their rules on long-term use reveals a common core and guidelines against which these rules may be measured in other countries. As such, this book will be valuable to practitioners dealing with both private and public law, academic lawyers and government ofcials tasked with land use planning. With contributions by Miriam Anderson (University of Barcelona), Michel Boudot (Universite de Poitiers), Dmitry Dozhdev (Moscow School of Social and Economic Sciences), Magdalena Habdas (University of Silesia in Katowice), Karoline Rakneberg Haug (Norwegian Parliamentary Ombud for Scrutiny of the Public Administration), Bjoern Hoops (University of Groningen), Eran S. Kaplinsky (University of Alberta), John A. Lovett (Loyola University New Orleans College of Law), Ernst J. Marais (University of Johannesburg), Francesco Mezzanotte (University of Roma Tre), Matti Ilmari Niemi (University of Eastern Finland), Alasdair Peterson (University of Glasgow), Hector Simon (University Rovira i Virgili, Tarragona), Jozef Stefanko (University of Trnava), Johan Van de Voorde (University of Antwerp), Filippo Valguarnera (Stockholm University), Leon Verstappen (University of Groningen), Emma J.L. Waring (University of York) and Una Woods (University of Limerick).
Set in Israel in the first decade of the twenty-first century and based on long-term fieldwork, this rich ethnographic study offers an innovative analysis of the Israeli-Palestinian conflict. It explores practices of ""memory activism"" by three groups of Jewish-Israeli and Arab-Palestinian citizens-Zochrot, Autobiography of a City, and Baladna-showing how they appropriated the global model of truth and reconciliation while utilizing local cultural practices such as tours and testimonies. These activist efforts gave visibility to a silenced Palestinian history in order to come to terms with the conflict's origins and envision a new resolution for the future. This unique focus on memory as a weapon of the weak reveals a surprising shift in awareness of Palestinian suffering among the Jewish majority of Israeli society in a decade of escalating violence and polarization--albeit not without a backlash. Contested memories saturate this society. The 1948 war is remembered as both Independence Day by Israelis and al-Nakba (""the catastrophe"") by Palestinians. The walking tour and survivor testimonies originally deployed by the state for national Zionist education that marginalized Palestinian citizens are now being appropriated by activists for tours of pre-state Palestinian villages and testimonies by refugees.
"This is the first book to offer a systematic analysis of human rights in the 21st century. The chapters, written from diverse methodological perspectives, provide rich and varied insights on vital questions concerning the resiliency, weaknesses, and prospects of human rights today"--Provided by publisher.
"A thoughtful book that offers significant insights on the
potential perils of imposing restraints in the traditional First
Amendment rights." "A powerful collection of essays challenging the advocates of
curbing speech in order to promote equality. Most impressively,
these writers make their case not through name-calling, but by
taking them seriously, and dissecting, opposing arguments and
acknowledging complexities, and by invoking informed common sense
in bracing prose." At the University of Pennsylvania, a student is reprimanded for calling a group of African-American students water buffalo. Several prominent American law schools now request that professors abstain from discussing the legal aspects of rape for fear of offending students. As debates over multiculturalism and political correctness crisscross the land, no single issue has been more of a flash point in the ongoing culture wars than hate speech codes, which seek to restrict bigoted or offensive speech and punish those who engage in it. In this provocative anthology, a range of prominent voices argue that hate speech restrictions are not only dangerous, but counterproductive. The lessons of history indicate that speech regulation designed to protect minorities is destined to be used against them. Acknowledging the legitimacy of the concerns that prompt speech codes and combining support for civil liberties with an acute concern for civil tights issues, "Speaking of Race, Speaking of Sex" demonstrates that it is difficult, if not impossible, to draw the line between unprotected insults and protected ideas.Decrying such speech regulation as overly concerned with the symbols of racism rather than its realities, Speaking of Race, Speaking of Sex offers a balanced and well-reasoned perspective on one of the most controversial issues of our time. |
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