If children's rights are integral aspects of commonly accepted universal human rights of the late twentieth century, then why are the United States and other countries unsuccessful in guaranteeing all children their rights? This book seeks to explain how children's rights originated, what they are, and what steps can be taken to implement them as our world moves into the twenty-first century.

Scott Douglas Gerber here argues that the Constitution of the United States should be interpreted in light of the natural rights political philosophy of the Declaration of Independence and that the Supreme Court is the institution of American government that should be primarily responsible for identifying and applying that philosophy in American life. Importantly, the theory advanced in this book - what Gerber calls "liberal originalism" - is neither consistently "liberal" nor consistently "conservative" in the modern conception of those terms. Rather, the theory is liberal in the classic sense of viewing the basic purpose of government to be safeguarding the natural rights of individuals. As Thomas Jefferson wrote in the Declaration of Independence, "to secure these rights, governments are instituted among men". In essence, Gerber maintains that the Declaration articulates the philosophical ends of our nation and that the Constitution embodies the means to effectuate those ends. From the opening chapter's bold revision of the character of the American Revolution to the closing chapter's provocative reinterpretation of many of the most famous cases in Supreme Court history, this book demonstrates the importance of approaching constitutional interpretation from more than one discipline. Indeed, Gerber's analysis reveals that the Constitution cannot be properly understood without recourse to history, political philosophy, and law.

Since the adoption of the 1989 UN Convention on the Rights of the Child, all children in the world have rights that are protected by states - at least in theory. In practice, children's rights are grossly violated on a daily basis and on a global scale. Studies in children's rights struggle to find why this is the case, and what can be possibly done to change this situation. This publication proposes that a better understanding of children's rights violations may be achieved if looking at law from a child's perspective. This means that a researcher has to go beyond the analysis of international conventions and national law, to include what is perceived as law by children. This book presents a new theoretical framework and methodology for finding law for children, combining legal pluralism, law and sociology, philosophy of law and legal empirical research. This framework is then put to the test in three case studies, all which include empirical research data. The book explores the possible legal orders that arise when looking at law through children's eyes, such as the household and the classroom. These legal orders, that we find when looking at law through children's eyes, have to be recognized as part of a complete picture of law influencing the protection and/or violation of children's rights.

This book critically examines the response of the United Nations (UN) to the problem of sexual exploitation in UN Peace Support Operations. It assesses the Secretary-General's Bulletin on Special Protection from Sexual Exploitation and Sexual Abuse (2003) (SGB) and its definition of sexual exploitation, which includes sexual relationships and prostitution. With reference to people affected by the policy (using the example of Bosnian women and UN peacekeepers), and taking account of both radical and 'sex positive' feminist perspectives, the book finds that the inclusion of consensual sexual relationships and prostitution in the definition of sexual exploitation is not tenable. The book argues that the SGB is overprotective, relies on negative gender and imperial stereotypes, and is out of step with international human rights norms and gender equality. It concludes that the SGB must be revised in consultation with those affected by it, namely local women and peacekeepers, and must fully respect their human rights and freedoms, particularly the right to privacy and sexuality rights.

Do participatory processes open a political space to marginalized groups & individuals? Or do they co-opt & coerce groups to reinforce existing inequitable relations? In an innovative comparative study which breaks with tradition this book explores these questions by looking at Malawi & Ireland.

This book explores how and why the transposition of EU directives in the new and contentious policy area 'Business and Human Rights' differs between member states. It reveals the extent to which individual member states are pursuing diverging approaches in dealing with the 'discretionary space' in EU directives, and highlights theoretical and political explanations. Drawing on historical institutionalism and rational choice institutionalism, the book establishes a link between the degree of corporatism in a given political economy and government behaviour in terms of Business and Human Rights policy. Moreover, it identifies political salience within the policy subsystem as a pertinent factor for explaining national transposition outcomes.

This is a book about why people so often put up with being the victims of their societies and why at other times they become very angry and try with passion and forcefulness to do something about their situation. I his most ambition book to date, Barrington Moore, Jr explores a large part of the world's experience with injustice and its understanding of it. In search of general elements behind the acceptance of injustice he discusses the Untouchables of India, Nazi concentration camps, and the Milgram experiments on obedience to authority.

The intertwining of development and human rights is the subject of the twelve essays collected by the editors. The individual authors extensively examine the commonly held belief that economic development cannot take place in Third World countries without the short term sacrifice of political liberty and demonstrate that there is considerable evidence to the contrary. Following a theoretical stage-setting that concentrates on the severe power limitations and the dependency of weak Third World states, case studies focus on such issues as state terrorism, food, the right to modernize, refugees, and support of apartheid in Latin America, the People's Republic of China, the Middle East, and Africa. Several essays concern the implementation of human rights and the role of multinational corporations and international nongovernmental organizations in protecting them. The final essay considers the international framework of government, law, and organization as a means for implementing human rights development in the Third World.

The anti-apartheid struggle remains one of the most fraught episodes in the history of modern Jewish identity. Just as many American Jews proudly fought for principles of justice and liberation in the Civil Rights Movement, so too did they give invaluable support to the movement for racial equality in South Africa. Today, however, the memory of apartheid bedevils the debate over Israel and Palestine, viewed by some as a cautionary tale for the Jewish state even as others decry the comparison as anti-Semitic. This pioneering history chronicles American Jewish involvement in the battle against racial injustice in South Africa, and more broadly the long historical encounter between American Jews and apartheid. In the years following World War II and the Holocaust, Jewish leaders across the world stressed the need for unity and shared purpose, and while many American Jews saw the fight against apartheid as a natural extension of their Civil Rights activism, others worried that such critiques would threaten Jewish solidarity and diminish Zionist loyalties. Even as the immorality of apartheid grew to be universally accepted, American Jews continued to struggle over persistent analogies between South African apartheid and Israel's Occupation. As author Marjorie N. Feld shows, the confrontation with apartheid tested American Jews' commitments to principles of global justice and reflected conflicting definitions of Jewishness itself.

Leonard C. Garrett Sr. was born May 17, 1930 to parents sharecropping a 40 acres slave plot given his mother's parents when they were freed from slavery. Forced from the farm by the Ku Klux Klan, his parents fled to Tampa, Florida. An avid reader, He learned that outside the southern states, for those with Hope, America offered Opportunity, and through Shared Sacrifice, a better America for the Generation that follows. He quit high school and joined the air force, moved his parents out of the projects, and set out to achieve his American dream. Retiring from the air force he joined a major bank as a junior executive and at age fifty-four, had achieved an American dream never believed possible. The Election of 1980 had Unleashed the Wealthy, Greedy, Corrupt, and the politically Powerful from the "Bonds of Shared Sacrifice" and; empowered conservative ideology driven southern states to roll-back Supreme Court decisions and Laws guaranteeing civil rights of black and Latino Americans. He was harvested, convicted, and sentenced to prison for crimes "fabricated" by the US attorney, covered up by a "Fraudulent Judgment" on appeal, "denied access" to the Court to seek redress, and was held falsely imprisoned for 10 years all; "covered-up" by a corrupt conservative criminal justice system. Today at age 81, Garrett is among the millions of Americans driving past "gated communities" into cities with closed factories, boarded-up homes, and neighborhoods of unemployed, elderly, and less-advantaged Americans suffering the question, "what happened to the American that "We"" sacrificed so much to make great?'"

Despite the relatively short history of the Taiwanese in the United States, they have been a significant presence in America. Since 1965, immigration law changes have led to a dramatic increase in the Asian population in the United States. Taiwanese Americans, the immigrants from Taiwan and their descendants, are a prominent group in this increasing Asian population. This is the first book-length study about the Taiwanese American community in the United States. While most articles have discussed the economic impact of their immigration, this study focuses on their community organization, information networks, religious practices, cultural observances, and the growing second generation. Finally, it concludes with an assessment of the contributions of Taiwanese Americans to U.S. society. Biographical sketches of noted Taiwanese Americans complete the text. The identity of the Taiwanese American community is complex and evolving, because it is partly determined by the politics between Taiwan and China. As relations between Taiwan and China change, so will the identity of Taiwanese Americans. Other variables affecting their identity include the relations between mainlanders and native Taiwanese in Taiwan, political liberalization within Taiwan, the role of U.S. policy towards Taiwan and China, and the nurturing of a Taiwanese consciousness. An increasingly important variable is the orientation of the second generation, American-born Taiwanese Americans. They have the options of being simultaneously Taiwanese American, Chinese American, Asian American and American. Taiwanese Americans are helping to reinvent America by transforming the economic and cultural landscape of the U.S. as haveprevious waves of immigrants.

This authoritative annotated document collection surveys and explains efforts to censor, intimidate, suppress—and reform and improve—news organizations and journalism in America, from the newspapers of colonial times to the social media that saturates the present day. This primary source collection will help readers to understand how the press has been vilified (usually by powerful political or corporate interests) over the course of American history, with a special focus on current events and how these efforts to censor or influence news coverage often flout First Amendment protections concerning freedom of the press. Selected documents highlight efforts to intimidate, silence, condemn, marginalize, and otherwise undercut the credibility and influence of American journalism from the colonial era through the Trump presidency. Most of the featured documents focus on efforts borne out of self-interested attempts to shape or conceal news for political or economic gain or personal fame, but coverage also includes instances in which press actions, attitudes, or priorities deserved censure. All told, the collection will be a valuable resource for understanding the importance of a free press to American life (and the constitutional basis for preserving such), the motivations (both selfish and altruistic) of critics of American journalism from the earliest days of the Republic to today, and the impact of all of the above on American society.

From the author of the #1 New York Times bestseller So You Want to Talk About Race, an "illuminating" (New York Times Book Review) history of white male identity. What happens to a country that tells generation after generation of white men that they deserve power? What happens when success is defined by status over women and people of color, instead of by actual accomplishments? Through the last 150 years of American history -- from the post-reconstruction South and the mythic stories of cowboys in the West, to the present-day controversy over NFL protests and the backlash against the rise of women in politics -- Ijeoma Oluo exposes the devastating consequences of white male supremacy on women, people of color, and white men themselves. Mediocre investigates the real costs of this phenomenon in order to imagine a new white male identity, one free from racism and sexism. As provocative as it is essential, this book will upend everything you thought you knew about American identity and offers a bold new vision of American greatness.

With a Foreword by Kristalina Georgieva, European Commissioner for International Cooperation, Humanitarian Aid and Crisis Response Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges. This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community's response to large-scale calamitous events. Over the last decades natural and man-made disasters have been increasing in terms of frequency, size, number of people affected and material damage caused. There is growing awareness of the importance of adequate national and international legal frameworks for disaster prevention, mitigation and response. The implementation of these frameworks, however, poses serious challenges.This book analyses International Disaster Response Law as developed in recent times and identifies the main existing normative gaps. The authors address the rights and duties of States in preventing and mitigating disasters, in facilitating access to their territory for humanitarian relief actors, as well as issues related to liability and compensation. Due attention is paid to European Union law governing disaster response (and to its reform in the light of the Lisbon Treaty) and to the main trends in domestic legislation. Human rights obligations are thoroughly examined and the potential relevance of international criminal law is assessed. Additional topics such as the status of relief personnel, the hindrances to the delivery of relief consignments by customs and excise administration, the use of civilian and military defence assets in emergency situations, the mechanisms and procedures available to offer financial support for recovery and rehabilitation, risk insurance, and the issue of corruption during disaster-related activities are specifically addressed. By drawing on the expertise of lawyers, political scientists, economists and humanitarian practitioners, the book promotes much-needed interdisciplinary dialog and sheds light on a largely uncharted field of research. It is therefore essential reading for academics and practitioners in international and EU law, policy makers, civil protection and humanitarian operators and for anyone interested in exploring the legal facets of the international community's response to large-scale calamitous events.

This book develops a groundbreaking, novel approach to examining ethical consumer behaviour from the perspective of evolutionary theory, illustrating the deeply rooted potentials and limits within society for reducing environmental harm.

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"This is narrative scholarship of the highest quality. "Justice at War" addresses a far-ranging set of topical social issues of our times, from affirmative action to hate speech to (in)justice toward noncitizens during times of war. Accessible, well-written, and deeply insightful, "Justice at War" represents the most creative and thoughtful, if not brilliant, installment of the "Rodrigo Chronicles" so far."
--Kevin Johnson, University of California at Davis

"Delgado raises important questions that most American studies scholarship ignores because of its narrow focus. Delgado's use of fiction and dialogue allows him to model a fairly broad, interdisciplinary conversation about contemporary issues that all too often is absent in much scholarly work."
--"American Studies"

"Delgado's analysis is fresh and thought provoking."
--"The Law and Politics Book Review"

"Worth reading. The author genuinely loves ideas and avidly seeks racial justice. Infected by his enthusiasm, the reader may well be tempted to learn more about the important issues Delgado raises-an outcome that he would surely welcome."
--"New York Law Journal"

The status of civil rights in the United States today is as volatile an issue as ever, with many Americans wondering if new laws, implemented after the events of September 11, restrict more people than they protect. How will efforts to eradicate racism, sexism, and xenophobia be affected by the measures our government takes in the name of protecting its citizens?

Richard Delgado, one of the founding figures in the Critical Race Theory movement, addresses these problems with his latest bookin the award-winning "Rodrigo Chronicles," Employing the narrative device he and other Critical Race theorists made famous, Delgado assembles a cast of characters to discuss such urgent and timely topics as race, terrorism, hate speech, interracial relationships, freedom of speech, and new theories on civil rights stemming from the most recent war.

In the course of this new narrative, Delgado provides analytical breakthroughs, offering new civil rights theories, new approaches to interracial romance and solidarity, and a fresh analysis of how whiteness and white privilege figure into the debate on affirmative action. The characters also discuss the black/white binary paradigm of race and show why it persists even at a time when the country's population is rapidly diversifying.

Child Law starts with the question "Who is the Child?" In direct contrast to the CRC, which calls for putting the interests of the child first in all policies dealing with children, it appears that the interests of others are the major consideration de facto. In law, children's right to protection is severely limited by the presence of a maximum age limit, with no consideration of the starting point: current and ongoing scientific research has demonstrated the effects of this non-consideration in a number of abnormalities and diseases, not only in children, but in adults and the elderly. The WHO has published a number of studies to that effect and the 2012 Report on Endocrine Disruptors more than confirms this claim. This and other scientific insights that have largely been ignored show the flaws and inadequacies of the legal regimes intended to protect children, in a number of areas, from the basic public health to the right to normal development; child labor law conventions; in conflict situations; as a result of climate and other events; children as illegal migrants and as inmates in prison camps.

Women are disproportionately affected by HIV and AIDS. By focusing on the pandemic at its epicenter in Southern Africa, this book explores the gendered power inequalities driving women's vulnerability to HIV and provides suggestions of how to individually and collectively address women's oppression.

Despite its safety and efficacy, emergency contraception (EC) continues to spark political controversy worldwide. In this edited volume, authors explore how emergency contraception has been received, interpreted, and politicized, through the in-depth examination of the journey of EC in 16 individual countries.

Information technology has provided numerous options to individuals, governments, and corporations around the world. These options demand that choices be made, and such choices often involve ethical decisions. Users must decide, for example, whether certain data should be made available on the Internet, whether the information contained in various databases should be sold to third parties, and whether software developers should be held responsible for social and economic problems that result from their programs. This book provides a rigorous but accessible discussion of some of the major ethical issues concerning computers and information technology. The text gives particular attention to widespread issues concerning intellectual property rights, censorship, and privacy, along with less frequently raised topics, such as ethical worries about image manipulation, virtual reality, and the moral status of intelligent machines and expert systems. Computers and information technology have created numerous options for their users. Individuals, governments, and corporations around the world must decide whether a particular technology or application should be used, how it should be employed, and toward what end. Sometimes such decisions may be based on purely economic or personal considerations. For example, a user might feel more comfortable with a particular word processing software, and a company might decide that a particular spreadsheet package meets all of its needs at a lower cost than competing products. But decisions concerning computer and information technology also involve ethical issues. Companies must determine whether it is an ethically correct objective to save money by replacing workers with technology. Courts and governments must decide whether it is ethical to censor communication on the Internet, or require software developers to have liability for social ills caused by use of their products, or for corporations to collect and sell information about individuals and their habits. This volume provides a rigorous but accessible philosophical examination of ethical issues related to computers as information processing machines. Special attention is given to questions of intellectual property, censorship, and privacy, for these issues are continually raised in the popular press and are central ethical concerns. But the book also considers ethical worries about image manipulation, virtual reality, the use of expert systems, and the moral status of intelligent machines. Some of the moral questions discussed have not yet arisen in practical situations, but these issues should be examined before they become urgent. While many issues have been omitted, the examinations within the text help show how additional ethical concerns may be approached in the future.

Exploring the most topical issues around migration and integration in relation to Britain, this book, now in paperback, examines people smuggling and the elite labour migration that is becoming a feature of Britain. It also examines the concepts of social capital, social cohesion and Britishness that are being used to critique multiculturalism.

"Human Rights" is an introductory text that is both innovative and challenging. It invites students to think conceptually about one of the most important and influential political concepts of our time. In this unique interdisciplinary approach, Michael Freeman emphasizes the complex ways in which the experiences of the victims of human rights violations are related to legal, philosophical and social-scientific approaches to human rights.

By tracing the history of the concept, the book shows that there is a fundamental tension between the philosophy of human rights and the way in which it is understood in the social sciences. This analysis throws light on some of the most controversial issues in the field: Is the idea of the universality of human rights consistent with respect for cultural difference? Are there collective human rights? Should feminists embrace, revise or reject the idea of human rights? Does the idea of human rights distract our attention from the structural causes of oppression and exploitation? What are the underlying causes of human rights violations? And why do some countries have much worse human rights records than others?

The book will appeal to students in the social sciences, as well as students of human rights law who want an introduction to the non-legal aspects of their subject. It will also be read by scholars interested in ethics and the social sciences, as well as the general reader.

Ever since the adoption of the Universal Declaration of Human Rights in 1948 there has been a debate on the issue of universality and cultural diversity. Nowadays, this debate is not so much framed in terms of opposites, but more in terms of reconciliation. Under the international human rights framework, States are allowed to take cultural particularities into account when implementing the treaties. The UN human rights treaty bodies which monitor the implementation of the treaties by States have an important role to play in ensuring a proper balance between safeguarding the universality of the rights, while at the same time leaving room for cultural particularities in the interpretation and implementation of those rights by States. This book examines how the UN treaty bodies, in particular the Human Rights Committee, the Committee on Economic, Social and Cultural Rights and the Committee on the Elimination of Discrimination against Women, fulfil this role. The research shows that human rights are used as a sword to protect and safeguard culture and cultural diversity, and as a shield to protect against harmful aspects of culture. It also looks in-depth at the dialogue between treaty bodies and States parties, and the way cultural arguments are dealt with. The study concludes that the treaty bodies are first and foremost guardians of the universality of human rights. They use their monitoring role not so much (actively) to reconcile universality and cultural diversity or to accommodate cultural variation, but more to determine the limits of such cultural variation.