Using her experience of living under apartheid and witnessing its downfall and the subsequent creation of new governments in South Africa, the author examines and compares gender inequality in societies undergoing political and economic transformation. By applying this process of legal transformation as a paradigm, the author applies this model to Afghanistan. These two societies serve as counterpoints through which the book engages, in a nuanced and novel way, with the many broader issues that flow from the attempts in newly democratic societies to give effect to the promise of gender equality. Developing the idea of 'conditional interdependence', the book suggests a new approach based on the communitarian values which underpin newly democratic societies and would allow women's rights to gain momentum and reap greater benefits. Broad in its thematic approach, the book generates challenging and complex questions about the achievement of gender equality. It will be of interest to academics interested in gender and human rights, international and comparative law.

Popular music has long understood that human rights, if attainable at all, involve a struggle without end. The right to imagine an individual will, the right to some form of self-determination and the right to self-legislation have long been at the forefront of popular music's approach to human rights. At a time of such uncertainty and confusion, with human rights currently being violated all over the world, a new and sustained examination of cultural responses to such issues is warranted. In this respect music, which is always produced in a social context, is an extremely useful medium; in its immediacy music has a potency of expression whose reach is long and wide. Contributors to this significant volume cover artists and topics such as Billy Bragg, punk, Fun-da-Mental, Willie King and the Liberators, Hedwig and the Angry Inch, the Anti-Death Penalty movement, benefit concerts, benefit albums, Gil Scott-Heron, Bruce Springsteen, Wounded Knee and Native American political resistance, Tori Amos, Joni Mitchell, as well as human rights in relation to feminism. A second volume covers World Music.

In many criminal justice systems a new trend towards incapacitation can be witnessed. A ubiquitous want for control seems to have emerged as a consequence of perceived safety risks. This can be seen not only in the mass incarceration of offenders but also in the disqualification of offenders from jobs, in chemical castration in cases of sexual crimes, the increased use of electronic monitoring and in the life-long monitoring of individuals who pose certain risks. Trends towards incapacitation are now even spreading to public administration and the employment sector, in the refusal of licenses and the rejection of employees with past criminal records. This book discusses the topic of incapacitation from various angles and perspectives. It explores how theories of punishment are affected by the more recent emphasis on incapacitation and how criminal justice practice is changing as a consequence of this new emphasis. Many contributors express criticisms with this trend towards incapacitation. They argue for a better calibration of measures to the severity of the misconduct. In addressing an increasingly important development in criminal justice, the book will be an essential resource for students, researchers, and policy-makers working in the areas of criminal law, sentencing, probation and crime prevention.

The book concerns the study and analysis of the UN Committee on Economic, Social and Cultural Rights from an international legal perspective, taking into consideration the adoption of the 2008 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR).

The volume provides a detailed account of the structure and functioning of the Committee on Economic, Social and Cultural Rights in the light of its jurisprudence, through a study of the Committee s procedures and practices (periodic reports and general comments), including taking into account the Optional Protocol for individual complaint procedure. The book considers the possible implications of the work of this Committee on other UN Committees, such as the Human Rights Committee and the UN Committee on the Rights of the Child, as well as considering the repercussions of its work on the international protection of fundamental rights, such as the right to education, to health and adequate food.

The UN Committee on Economic, Social and Cultural Rights will be of particular interest to academics and students of International and Human Rights law.

Following on from her previous nine books on discrimination law, Anne-Marie Mooney Cotter now focuses on the goal of child equality. Examining issues of child labour and the relevant laws which are designed to protect the most vulnerable in our society, the book explores the primary role of legislation and the judicial system and its impact on the fight for child rights and the ultimate goal of the end of inequality. The book considers the major common law countries of Australia and New Zealand, Africa and South Africa, Canada, Mexico and the United States, and the United Kingdom and Ireland, as well as the North American Free Trade Agreement and the European Union Treaty in a historical and compelling analysis of discrimination worldwide. By providing a detailed examination of child rights and the law, it will be an important read for those concerned with equality and empowering those most vulnerable to discrimination, the children.

Cosmopolitan Justice and its Discontents pursues a reflection upon the institutional orders designed to ensure respect for the rule of law, human rights, and social justice. The majority of literature on cosmopolitanism tends to be oriented in sociology, political science or philosophy, and is largely positive. This book aims to fill the lacuna with respect to critical and legal perspectives in this field. In particular, it highlights the importance of international economic law and its institutions when evaluating the evolution of cosmopolitan norms. In addition, it provides critical and multidisciplinary perspectives on Cosmopolitan Justice and Sovereignty; Institutions, Civil Society and Accountability; and Social Exclusion, Migration, and Global Markets. This book will be of considerable interest to academics and students concerned with international public and private law, international criminal law, international economic law, human rights, migration, criminology, political science, and philosophy.

Homosexuality and the European Court of Human Rights is the first book-length study of the Court's jurisprudence in respect of sexual orientation. It offers a socio-legal analysis of the substantial number of decisions and judgments of the Strasbourg organs on the wide range of complaints brought by gay men and lesbians under the European Convention on Human Rights. Providing a systematic analysis of Strasbourg case law since 1955 and examining decades of decisions that have hitherto remained obscure, the book considers the evolution of the Court's interpretation of the Convention and how this has fashioned lesbian and gay rights in Europe. Going beyond doctrinal analysis by employing a nuanced sociological consideration of Strasbourg jurisprudence, Paul Johnson shows how the Court is a site at which homosexuality is both socially constructed and regulated. He argues that although the Convention is conceived as a 'living instrument' to be interpreted 'in the light of present-day conditions' the Court's judgments have frequently forged and advanced new social conditions in respect of homosexuality. Johnson argues that the Court's jurisprudence has an extra-legal importance because it provides an authoritative and powerful discursive resource that can be mobilized by lesbians and gay men to challenge homophobic and heteronormative social relations in contemporary societies. As such, the book considers how the Court's interpretation of the Convention might be evolved in the future to better protect lesbian and gay rights and lives.

Latin America has a long tradition of constitutional reform. Since the democratic transitions of the 1980s, most countries have amended their constitutions at least once, and some have even undergone constitutional reform several times. The global phenomenon of a new constitutionalism, with enhanced rights provisions, finds expression in the region, but the new constitutions, such as those of Bolivia, Colombia, Ecuador and Venezuela, also have some peculiar characteristics which are discussed in this important book. Authors from a number of different disciplines offer a general overview of constitutional reforms in Latin America since 1990. They explore the historical, philosophical and doctrinal differences between traditional and new constitutionalism in Latin America and examine sources of inspiration. The book also covers sociopolitical settings, which factors and actors are relevant for the reform process, and analyzes the constitutional practices after reform, including the question of whether the recent constitutional reforms created new post-liberal democracies with an enhanced human and social rights record, or whether they primarily serve the ambitions of new political leaders.

Strategic Visions for Human Rights takes a multi-disciplinary approach to future directions for human rights. It looks beyond what international human rights treaties have so far established and considers the context in which rights in the twenty-first century might develop to meet needs. The book examines how international law might be utilized to protect groups rather than just individual members of the group and it also calls into question the liberal positivist approach to international law that provides the framework for human rights norms. The book is written and published in honour of Professor Kevin Boyle. It celebrates his long career in human rights law both as an academic and a practising barrister. Professor Boyle has taken numerous cases on human rights issues to the European Court of Human Rights in Strasbourg and has long been involved in human rights aspects of the peace process in Northern Ireland. He has published widely on human rights issues, focusing on freedom of expression and religion and non-discrimination. The contributors to this volume are well-known academics in the field of human rights and include Francesca Klug, Conor Gearty, David Beetham and Asbjorn Eide. Amongst some of the issues addressed in the book are the future of the European Court of Human Rights, the role of academics play in engendering transition to post-conflict democratic states, and human rights and religious pluralism.

The Delivery of Human Rights reflects on two overlapping issues in international human rights law: how can existing norms be better implemented and effected, and how can other branches of international law or other international actors be used so as to provide an improved delivery of those norms. Rather than simply looking at the content of the rights, this book will also explore how the framers' intention that individuals benefit from the norms can be achieved. The book is written and published in honour of Professor Sir Nigel Rodley KBE. It celebrates his career as an academic and practitioner in the area of human rights. Professor Rodley acted as the UN Special Rapporteur on Torture from 1993 to 2001 and is currently a member of the UN Human Rights Committee. He is also a member of the International Commission of Jurists. Since 2001 he has been a Member of the UN Human Rights Committee, established under the International Covenant on Civil and Political Rights. In 1998 he was knighted in the Queen's New Year's Honours list for services to Human Rights and International Law and in 2000 he received an honorary LLD from Dalhousie University. He is Professor and Chair of the Human Rights Centre, University of Essex, having taught there since 1990. The contributors to this volume are notable experts in the area of human rights law and include Paul Hunt, Malcolm Evans, Michael O'Flaherty and David Weissbrodt. The book addresses such topics as the Role of Special Rapporteurs, how can the absolute prohibition of torture be properly implemented, Responsibility to Protect, non-state actors, including businesses, and human rights.

Freedom of religion and belief is one of the central rights set out in international human rights treaties and yet has also been one of the most controversial. This book provides a detailed analysis of the law on freedom of religion or belief as developed under the European Convention on Human Rights. It takes a critical view of the restrictive manner in which the European Court of Human Rights has interpreted freedom of religion or belief in areas such as education, conscientious objection, proselytism, and employment.

In Humanitarian Law in Action within Africa, Jennifer Moore studies the role and application of humanitarian law by focusing on African countries that are emerging from civil wars. Moore offers an overview of international law, including its essential vocabulary, and describes four particular subfields of international law: international humanitarian law, international human rights law, international criminal law, and international refugee law. After setting forth this overview, Moore considers practical mechanisms to implement international humanitarian law, focusing specifically on the experiences of Uganda, Sierra Leone, and Burundi. Through the case studies of these countries, Moore describes transitional justice's fundamental components: criminal, social, and historical. Although the African continent has gone through some of the world's greatest humanitarian emergencies, issues such as violence against women, child soldiers, and genocide are not unique to Africa, and as such, the study of humanitarian law by examining Africa's experience is important to conflict resolution and reconstruction throughout the world.

This book proposes a significant reassessment of the history of Iraq, documenting democratic experiences from ancient Mesopotamia through to the US occupation. Such an analysis takes to task claims that the 'West' has a uniquely democratic history and a responsibility to spread democracy across the world. It also reveals that Iraq has a democratic history all of its own, from ancient Middle Eastern assemblies and classical Islamic theology and philosophy, through to the myriad political parties, newspapers and protest movements of more recent times. This book argues that the democratic history of Iraq could serve as a powerful political and discursive tool where the Iraqi people may come to feel a sense of ownership over democracy and take pride in endorsing it. This could go a long way towards mitigating the current conflicts across the nation and in stabilizing and legitimating its troubled democracy. Taking an interdisciplinary approach and referring to some of the most influential critical theorists to question ideological assumptions about democracy and its history, this book is useful to those interested in political and legal history, human rights and democracy.

Refugees living with disabilities are often forgotten or invisible during acute crises of human displacement. This groundbreaking work examines the experiences of persons with disabilities who have crossed borders in search of protection from disasters or conflict, and analyses the existing legal frameworks for their protection. The authors deftly explore the intersection between one of the oldest international human rights treaties, the 1951 Refugee Convention, with one of the newest, the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on pioneering fieldwork in six countries - Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey - this book examines how the CRPD is, or should be, changing the way that governments and aid agencies engage with and accommodate refugees with disabilities. Its timeliness is underscored by the adoption in 2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action at the World Humanitarian Summit. Engaging and thought-provoking, this book will captivate any scholar studying international law, development, disability rights and refugee and forced migration studies. It is also an imperative resource for practitioners and policymakers in the humanitarian and development sector, as well as international human rights organisations.

Rhetoric scholars have articulated diverse approaches to both civil and human rights as political, ethical, and academic discourses. "Traditions of Testifying and Witnessing" initiates important interdisciplinary conversations within human rights rhetoric concerning the construction of rights knowledge, the role of advocacy, and politics of representations during acts of witnessing. Developing a conceptual framework for rhetorical inquiry into rights discourse, the collection of essays by established scholars demonstrates a range of approaches and subject matter. From textual analysis of AIDS politics and activism to theoretical discussions of the nature of rights rhetoric and confession, the book challenges many current assumptions about rights history and practices and still provides an introduction to the recent themes for classroom use. To encourage critical reflection on the assumptions, contentions, and implications of political representations and human rights, the editors have concluded the collection with a series of suggestive visual works without comment to prompt viewers' own engagement with them. This book was originally published as a special issue of Rhetoric Society Quarterly

Based on original research and personal encounters, this book narrates the real-life-stories of women locked up in Indian prisons for alleged or actual violations of the state s criminal laws, contextualizing women offenders experiences of the criminal justice system and of state custodial institutions.

within the larger narratives of their particular lives, thus interrogating the social as well as legal frameworks within which women face adversities in their lives and in custody. It argues that the sex and gender issues that affect women outside are carried over inside, with extremely damaging consequences for the lives and mental health of women prisoners. The volume will be of interest to those in gender studies, legal studies, sociology, and human rights organisations, as well as to policy makers and the general reader.

Expert food historians provide detailed histories of the creation and development of particular delicacies in six regions of medieval Europe-Britain, France, Italy, Sicily, Spain, and the Low Countries.

As globalization continues to spread and evolve, so nation-states attempt to govern financialization, tax evasion, corruption, terrorism, civil and military conflicts and environmental dangers, social polarization and the complexities in human rights implementation, by institutional and transnational means. This volume discusses these issues from different legal perspectives and highlights the challenges of governing human activity in an age of remarkable interconnectedness. Covering a broad range of policy areas and analysis of emerging forms of governance from liberal to critical and Marxist, the chapters are legal in their approach and form an important contribution to the growing study of emergent forms of authority, coordination and power developing in response to the challenges presented by some of the key contemporary governance issues in the first half of the twenty-first century.

Understanding the Islamic Veiling Controversy provides a sophisticated analysis of relevant legislation and case law in order to examine the assumptions and limits of the debates surrounding the issue of Islamic veiling. For some, Islamic veiling indicates a lack of autonomy, the oppression of women and the threat of Islamic radicalism to Western secular values; for others, it suggests a positive autonomous choice and a legitimate exercise of one's freedom of religion -- a much treasured right in democratic societies. Across seemingly diverse legal and political traditions, however, a set of discursive frameworks -- the preoccupation with autonomy and choice; the imperative of gender equality; and a particular secular understanding of religion and religious subjectivity -- shape the positions of both proponents and opponents of various restrictions on Islamic veiling. Rather than take a position on one or the other side of the debate, this book explores and challenges these frameworks. And, in so doing, it brings a consistent and sophisticated theoretical outlook to a comprehensive consideration of Islamic veiling controversies, as they have arisen around the world.

The connection between environment and health has been well studied and documented, particularly by the World Health Organization. It is now being included in some legal instruments, although for the most part caselaw does not explicitly make that connection. Neither the right to life nor the rights to health or to normal development are actually cited in the resolution of cases and in judges' decisions. This volume makes the connection explicit in a broad review of human rights and legal issues associated with public health and the environment. It will be particularly useful as many legal instruments emphasize the right to 'development' without fully discussing the necessary safety and public health aspects, and the respect for the ecology of any area where such 'development' (often unwanted by local or indigenous communities) is to be located. Climate change is another pressing variable that is considered, and several chapters address the interface between human health and ecological conditions. Overall the book integrates perspectives from a wide range of disciplines, including ethics, ecology, public health and epidemiology, and human rights and law.

This examination of the role played by the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) in advancing indigenous peoples' self-determination comes at a time when the quintessential Eurocentric nature of international law has been significantly challenged by the increasing participation of indigenous peoples on the international legal scene. Even though the language of human rights discourse has historically contributed to delegitimise indigenous peoples' rights to their lands and cultures, this same language is now upheld by indigenous peoples in their on-going struggles against the assimilation and eradication of their cultures. By demanding that the human rights and freedoms contained in various UN human rights instruments be now extended to indigenous peoples and communities, indigenous peoples are playing a key role in making international law more 'humanising' and less subject to State priorities.

The law is a well-known tool in fighting gender inequality, but which laws actually advance women's rights? This book unpacks the complex nuances behind gender-responsive domestic legislation, from several of the world's leading experts on gender equality. Drawing on domestic examples and international law, it provides a primer of theory alongside tangible and practical solutions to fulfil the promise of the law to deliver equality between men and women. Part I outlines what progress has been made to date on eradicating gender inequality, and insights into the law's potential as one lever in the global struggle for equality. Parts II and III go on to explore concrete areas of law, with case studies from multiple jurisdictions that examine how well domestic legislation is working for women. The authors bring their critical lens to areas of law often considered from a gender perspective - gender-based violence, women's reproductive health, labour and gender equality quotas - while bringing much-needed analysis to issues often ignored in gender debates, such as taxation, environmental justice and good governance. Part IV seeks to move from a theoretical goal of greater accountability to a practical one. It explores both accountability for international women's rights norms at the domestic level and the potential of feminist approaches to legislation to deliver laws that work for women. Written for students, academics, legislators and policymakers engaged in international women's rights law, gender equality, government accountability and feminist legal theory, this book has tremendous transformative potential to drive forward legal change towards the eradication of gender inequality.

The Stonewall Riot in New York in 1969 marked the birth of the sexual minority rights movement worldwide. In the subsequent four decades, equality and related rights on grounds of sexual orientation and gender identity have been enshrined in many African, Asian, Australasian, European and North American countries, thanks to better informed discourses of the natures of sexual orientation, gender identity, equality and rights that systematic scientific and socio-legal research has generated. Discrimination, harassment and persecution on grounds of a person's sexual orientation or gender identity, however, continue to pervade the laws and social norms in all developed and developing countries. In tribute to the courage of those who participated in the Stonewall Riot, this book examines the progress and stalemate in various countries on five continents, as well as in the development of international law, concerning the rights of persons belonging to sexual minorities. This book covers issues including homophobic bullying and gay-straight alliances in schools; the merits and problems that legislation prohibiting hate speech on grounds of sexual orientation presents; criminal justice systems in relation to male rape victims and to criminalisation of HIV exposure and transmission; the development of sexual minority rights, from historical and socio-legal perspectives, in Hong Kong, Japan, Singapore, and Zimbabwe; the lives of transgender persons in Asian countries; the evolution, operation and impact of international and domestic refugee laws on sexual orientation and gender identity as grounds for refugee status and asylum; and the conflicts between law, religion and sexual minority equality rights that inhere in the same-sex marriage debate in Ireland. This book was previously published as a special double issue of The International Journal of Human Rights.

Concerns associated with globalisation of markets, exacerbated by the 'credit crunch', have placed pressure on many nation states to make their labour markets more 'flexible'. In so doing, many states have sought to reduce labour standards and to diminish the influence of trade unions as the advocates of such standards. One response to this development, both nationally and internationally, has been to emphasise that workers' rights are fundamental human rights. This collection of essays examines whether this is an appropriate or effective strategy. The book begins by considering the translation of human rights discourse into labour standards, namely how theory might be put into practice. The remainder of the book tests hypotheses posited in the first chapter and is divided into three parts. The first part investigates, through a number of national case studies, how, in practice, workers' rights are treated as human rights in the domestic legal context. These ten chapters cover African, American, Asian, European, and Pacific countries. The second part consists of essays which analyse the operation of regional or international systems for human rights promotion, and their particular relevance to the treatment of workers' rights as human rights. The final part consists of chapters which explore regulatory alternatives to the traditional use of human rights law. The book concludes by considering the merits of various regulatory approaches.

This book deals with the complex and challenging relationship between economic policy and human rights. In the context of the COVID-19 pandemic crisis, the need to address the conceptual and methodological (dis)connects between these two areas is more pressing than ever. Inspired by the 2019 United Nations Guiding Principles on Human Rights Impact Assessments (HRIA) for Economic Reform Policies, this book brings together experts working on human rights and economic policy from a range of disciplinary perspectives, including economics, law, and development studies. The contributions reflect a huge body of professional experience in the academic, policy-making, advocacy, and practitioner fields. They cover issues including the politics of evidence in the context of HRIA, economic inequality, child rights impact assessment of economic reforms, economic policy and women's human rights, tax regimes for multinational corporations and human rights, as well as the human rights impacts of the economic fall-out of the COVID-19 pandemic. The collection also includes the text of the Guiding Principles themselves. It constitutes a crucial volume for scholars, policymakers, advocates and others working on the burning topic of human rights and economic policy reform. The chapters in this book were originally published as a special issue of The International Journal of Human Rights.