It is often asserted that 'A family that prays together, stays together'. But what if a child no longer wishes to pray? This book analyses the law in relation to situations where parents force their children to manifest the parental religion. From thorough examination of international law it argues that, unlike what is generally believed, the human rights regime does not grant parents a right to impose manifestations of their religion on their children. Instead, the author proposes to regard coerced manifestations as a limitation on children's right to freedom of manifestation, based on national laws that give parents rights at the domestic level under principles such as parental responsibility. The book focuses on two aspects of States' positive obligations in this regard. First, the obligation to provide a regulatory framework that can protect children's right to freedom of manifestation, and restricts limitations to those that are proportionate or 'necessary in a democratic society'. Second, to provide access to remedies, which it is argued should consist of access to a family-friendly infrastructure for dispute resolution available to parents and children in conflict over religious manifestation. Both depend heavily on the way States balance power between parents and children at the national level. The book includes three case studies and social research of jurisdictions that offer different perspectives under the principles of parental authority (France), parental responsibility (England) and parental rights (Hong Kong).

Although the Genocide Convention was already adopted by the UN General Assembly in 1945, it was only in the late 1990s that groups of activists emerged calling for military interventions to halt mass atrocities. The question of who these anti-genocide activists are and what motivates them to call for the use of violence to end violence is undoubtedly worthy of exploration. Based on extensive field research, Anti-genocide Activists and the Responsibility to Protect analyses the ideological convictions that motivate two groups of anti-genocide activists: East Timor solidarity activists and Responsibility to Protect (R2P)-advocates. The book argues that there is an existential undercurrent to the call for mass atrocity interventions; that mass atrocities shock the activists' belief in a humanity that they hold to be sacred. The book argues that the ensuing rise of anti-genocide activism signals a shift in humanitarian sensibilities to human suffering and violence which may have substantial implications for moral judgements on human lives at peril in the humanitarian and human rights community. This book provides a fascinating insight into the worldviews of activists which will be of interest to practitioners and researchers of human rights activism, humanitarian advocacy and peace building.

The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

This volume features a selection of the best scholarship on international law as it is relevant to the proliferation of weapons of mass destruction. The essays consider the nonproliferation legal regime as a normative system and offer a more discrete consideration of international law in each weapons of mass destruction technology area: nuclear weapons proliferation; chemical and biological weapons proliferation; and delivery systems proliferation. In addition, the essays consider the closely related questions of the role, authority and track record of the UN Security Council in monitoring, implementing and enforcing compliance with these primary sources of nonproliferation law.

The Internet has created a formidable challenge for human rights law and practice worldwide. International scholarly and policy-oriented communities have so far established a consensus regarding only one main aspect - human rights in the internet are the same as offline. There are emerging and ongoing debates regarding not only the standards and methods to be used for achieving the "sameness" of rights online, but also whether "classical" human rights as we know them are contested by the online environment. The internet itself, in view of its cross-border nature and its ability to affect various areas of law, requires adopting an internationally oriented approach and a perspective strongly focused on social sciences. In particular, the rise of the internet, enhanced also by the influence of new technologies such as algorithms and intelligent artificial systems, has influenced individuals' civil, political and social rights not only in the digital world, but also in the atomic realm. As the coming of the internet calls into question well-established legal categories, a broader perspective than the domestic one is necessary to investigate this phenomenon. This book explores the main fundamental issues and practical dimensions related to the safeguarding of human rights in the internet, which are at the focus of current academic debates. It provides a comprehensive analysis with a forward-looking perspective of bringing order into the somewhat chaotic online dimension of human rights. It addresses the matter of private digital censorship, the apparent inefficiency of existing judicial systems to react to human rights violations online, the uncertainty of liability for online human rights violations, whether the concern with personal data protection overshadows multiple other human rights issues online and will be of value to those interested in human rights law and legal regulation of the internet.

Following the events of September 11, a new legal order is emerging in which the 'terrorist threat' has been used as justification to marginalise human rights.

This collection of themed essays offers an emphatic defence to the threats confronting our human rights culture. In analysing the role of the United Nations, the conduct of the Afghan war, domestic anti-terrorist legislation and the new debate about Islamic law, Law after Ground Zero demonstrates the future challenges that law will face within our global society. It also offers accounts of how events have impacted on the Palestinian-Israeli conflict, Iraq and Afghanistan itself, as well as debates about international law, human rights and women's rights.

This unique work will interest those studying or researching in the areas of international law, human rights and humanitarian law, international relations, politics, critical legal studies, Islamic law, culture and socio-legal studies.

The protection of civilians is a highly topical issue at the forefront of international discourse, and has taken a prominent role in many international deployments. It has been at the centre of debates on the NATO intervention in Libya, UN deployments in Darfur, South Sudan, and the Democratic Republic of the Congo, and on the failures of the international community in Sri Lanka and Syria. Variously described as a moral responsibility, a legal obligation, a mandated peacekeeping task, and the culmination of humanitarian activity, it has become a high-profile concern of governments, international organisations, and civil society, and a central issue in international peace and security. This book offers a multidisciplinary treatment of this important topic, harnessing perspectives from international law and international relations, traversing academia and practice. Moving from the historical and philosophical development of the civilian protection concept, through relevant bodies of international law and normative underpinnings, and on to politics and practice, the volume presents coherent cross-cutting analysis of the realities of conflict and diplomacy. In doing so, it engages a series of current debates, including on the role of politics in what has often been characterized as a humanitarian endeavour, and the challenges and impacts of the use of force. The work brings together a wide array of eminent academics and respected practitioners, incorporating contributions from legal scholars and ethicists, political commentators, diplomats, UN officials, military commanders, development experts and humanitarian aid workers. As the most comprehensive publication on the subject, this will be a first port of call for anyone studing or working towards a better protection of civilians in conflict.

First published in 1998, Black Globalism: The International Politics of a Non-state Nation examines the international political behaviour of African-Americans. From the slave revolts of Denmark Vesey and Nat Turner, to the influence of the Congressional Black Caucus on US foreign policy, the author examines the impact of the domestic racial environment on the international interests and activities of African-Americans. Black Globalism uses three levels of analysis to describe the dimensions of this international activity. At the individual level, the emigration debate which included Frederick Douglass, David Walker, Benjamin Russworm, Paul Cuffee, Martin Delany is considered. Here, the emigration efforts of Chief Alfred Sam, Bishop Henry Turner and Marcus Garvey are examined. The influence of scholar and activist W.E.B. DuBois and the leadership of Malcolm X is examined with respect to their ideological impact on the transnational political activity on organizations such as the National Association for the Advancement of Coloured People, the Nation of Islam, and the Black Panther Party. From the 1869 appointment of Andrew Young to the US Ambassador to the United Nations, the impact of African-Americans on US foreign policy decision making is examined. This includes the Congressional Black Caucus' influence on president Clinton's humanitarian intervention in Haiti. This governmental level analysis includes an examination of the history and politics of desegregating the US Department of State. Finally, the relative economic status of African-Americans in the domestic and global economic system is considered with respect to the shrinking of the welfare state and the challenges of the post-cold war global economy.

This title was first published in 2001. The case of Lawless v Ireland is a landmark in the development of human rights jurisprudence. Stemming from the introduction of detention without trial by the Irish government in response to the resurgence of political violence, much of the material relevant to the case brought before the European Court of Human Rights, has remained closed to public scrutiny. This book is the first to provide a detailed documentary of the case, assessing the adequacy of the investigatory processes provided under the European Convention and questioning whether the factual conclusions reached by the European Commission on Human Rights were correct. In what will be an essential reference for academics and students of human rights, the book raises doubts as to whether the Strasbourg institutions, established to rectify national breaches of human rights, might in fact have perpetrated an international miscarriage of justice.

This book explores situations when public opinion presents as an obstacle to the protection and promotion of human rights. Taking an International Law perspective, it primarily deals with two questions: first, whether international law requires States to take an independent stance on human rights issues; second, whether international law encourages states to inform and mobilize public opinion with regard to core human rights standards. The discussion is mainly organized within the framework of the UN system. The work is particularly relevant to situations in which public opinion appears as discriminatory attitudes based on race, gender, age, health, sexual orientation and other factors. It is also pertinent to circumstances when public opinion is responsible for the existence of certain harmful customs and practices such as female genital mutilation, and capital punishment. Noting that the death penalty is increasingly recognized as an infringement of human rights, this study further challenges States' argument that capital punishment cannot be abolished because of public opinion. The book also discusses the role that education bears under international law in moulding favourable attitudes towards human rights. Finally, the book challenges states' acceptance that public opinion cannot be confronted in this respect.

This book contributes an original theory to understanding human rights and international trade. It offers the 'governance space' framework for analysing the linkages and normative relationships between the multilateral trading system (MTS) and human rights regimes. Drawing upon key case studies, the author identifies connecting strands as also gaps in linkage issues. He further examines the 'right to development' approach to resolve tensions between these two regimes and demonstrates how the approach may be the most appropriate road map to finding sustainable solutions in balancing human rights and equitable free trade in a complex globalised world. Presenting new legal analyses informed by current debates drawn from international organisations - the World Trade Organization, United Nations, International Labour Organization - governments, civil society and academia as well as global commitments such as the Sustainable Development Goals, the book proposes a systematic and holistic policy intervention. This timely and transdisciplinary text will be of great interest to academics, students and scholars of human rights, international trade, international law, development studies, public policy and governance, economics, politics and international relations. It will also be useful to policymakers, think-tanks, human rights advocates, professionals, lawyers, civil society organisations, non-governmental organisations and trade experts.

This book provides a timely critical overview of both the health and trajectory of international criminal law's continuing evolution. It represents a modest collective effort to introduce an element of legal realism or critical legal studies into the academic discourse.

Amnesty, Serious Crimes and International Law examines the permissibility of amnesties for serious crimes in the contemporary international order. In the last few decades, there has been a growing tendency to consider that amnesties are prohibited in respect of certain grave crimes. However, the question remains controversial as there is no explicit treaty ban and general amnesties continue to be frequently issued in post-conflict and transitional contexts. The first part of the book explores the use of amnesties from antiquity to the present day. It reviews amnesty traditions in ancient societies and provides a global picture of modern amnesties. In parallel, it traces the development of the accountability paradigm underpinning the current prohibitive stance on amnesties. The second part assesses the position of modern international law on amnesties. It comprehensively analyses the main arguments supporting the existence of a general amnesty ban, including the duty to prosecute international crimes, the right to redress of victims of human rights violations, international standards and trends in state practice, and the mandate of international criminal courts. The book argues that, while international legal or policy requirements restrict the freedom of states to extend amnesty in respect of serious crimes, or the effectiveness of amnesty measures in preventing the prosecution of such crimes, these restrictions do not add up to an absolute and universal prohibition.

This book was originally published in 1998. Protection of Human Rights both at a regional and at an international level is now a major pre-occupation of International Law. The International Covenant on Civil and Political Rights 1966 is probably the most important single universal human rights instrument of our time, which both sets standards and ensures compliance with them, through measures of implementation. More than 135 States have accepted the obligations imposed by this Covenant. This book provides a comprehensive analysis of the provisions of the Optional Protocol, which enshrines the right of individual communication and the jurisprudence developed thereunder by the Human Rights Committee, which is the supervisory body of this treaty regime. It analyses the effectiveness of the committee in protecting the rights of individuals under the Optional Protocol. The book will be of particular interest to scholars engaged in the teaching of and research in the international protection of human rights. It will appeal to undergraduate and postgraduate law students. Practitioners in the international human rights field will also find it valuable. It should be of interest to international N.G.O.s and governmental officials engaged upon ensuring effective compliance with our international rights obligations.

This book brings together leading counterterrorism experts, from academia and practice, to form an interdisciplinary assessment of the terrorist threat facing the United Kingdom and the European Union, focusing on how terrorists and terrorist organisations communicate in the digital age. Perspectives drawn from criminological, legalistic, and political sciences, allow the book to highlight the problems faced by the state and law enforcement agencies in monitoring, accessing, and gathering intelligence from the terrorist use of electronic communications, and how such powers are used proportionately and balanced with human rights law. The book will be a valuable resource for scholars and students of terrorism and security, policing and human rights. With contributions from the fields of both academia and practice, it will also be of interest to professionals and practitioners working in the areas of criminal law, human rights and terrorism.

The Internet's importance for freedom of expression and other rights comes in part from the ability it bestows on users to create and share information, rather than just receive it. Within the context of existing freedom of expression guarantees, this book critically evaluates the goal of bridging the 'digital divide' - the gap between those who have access to the Internet and those who do not. Central to this analysis is the examination of two questions: first, is there a right to access the Internet, and if so, what does that right look like and how far does it extend? Second, if there is a right to access the Internet, is there a legal obligation on States to overcome the digital divide? Through examination of this debate's history, analysis of case law in the European Court of Human Rights and Inter-American Court of Human Rights, and a case study of one digital inclusion programme in Jalisco, Mexico, this book concludes that there is indeed currently a legal right to Internet access, but one that it is very limited in scope. The 2012 Joint Declaration on Freedom of Expression and the Internet is aspirational in nature, rather than a representative summary of current protections afforded by the international human rights legal framework. This book establishes a critical foundation from which some of these aspirations could be advanced in the future. The digital divide is not just a human rights challenge nor will it be overcome through human rights law alone. Nevertheless, human rights law could and should do more than it has thus far.

First published in 1998, this volume focuses critically on the European identity of the law of the European Union, of national law and the law of human rights. It is primarily concerned with the ways in which European identity is created through the rejection of a malign Other constituted in opposition to all that a virtuous Europe and its law, are supposed to be. The construction of this Other is explored in claims of the EU legal order to a unity and coherence transcending the nation-state; in the assertion of a European identity through laws effecting cultural, immigration and security policies; and in the claims to a lofty 'European-ness' made by national law and the European Convention on Human Rights. A major contribution to the understanding of European Law in the terms of the debates over modernity and postmodernity, this book will interest those involved with studies of the European Union and its law, with critical legal studies and also with socio-legal studies.

The Convention on Preventing and Combating Violence against Women and Domestic Violence (also known as the Istanbul Convention) was adopted by the Committee of Ministers of the Council of Europe on 7 April 2011. The Convention entered into force on 1 August 2014 and has currently been ratified by 22 states. This Convention constitutes a crucial development as regards the movement to combat gender-based violence, as it sets new legally binding standards in this area. This book provides a detailed analysis of the Convention and its potential to make an impact in relation to the specific issue of domestic violence. The book places the Istanbul Convention in context with regard to developments relating to domestic violence as a human rights issue. The background to the adoption of the Convention is examined, and the text of this instrument is analysed in detail. Comparative analysis is engaged in with reference to the duties that have been placed on states by other bodies such as the UN Committee on the Elimination of Discrimination against Women and the European Court of Human Rights. Comparisons are also drawn with the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women and with the relevant provisions of the Protocol to the African Charter on Human and Peoples' Rights on the Rights of Women in Africa. An in-depth examination of the advantages of the adoption of the Istanbul Convention by the Council of Europe is provided along with a detailed analysis of the challenges faced by the Convention. The book concludes with a number of brief reflections in relation to the question of whether the adoption of a UN convention on violence against women may be a possible development, and the potential such an instrument holds, in the context of domestic violence.

Ian Neary looks in detail at the history of the introduction of human rights ideas into Japan, South Korea and Taiwan and examines how, and to what effect, state and society have incorporated the specific international standards on childrens' and patients' rights into legal systems and social practice.
This comprehensively researched, accessibly written book will be a valuable resource for students and scholars of Asian studies, human rights, sociology and politics.

eBook available with sample pages: 0203167414

Regional Cuisine in Medieval Europe is the first book to explore in a deliberate, categorical manner the regional and interregional influences on food production and consumption during the Middle Ages. Each chapter is written by an expert food historian who provides a detailed history of the creation and development of particular delicacies within a particular region of medieval Europe. Adamson and her contributors demonstrate exactly how the ontology of each Western European cuisine differed from region to region, where a unique contribution of geographic, political, cultural, religious, and social factors affected the 'flavour' of culinary culture.

The new edition of this well established handbook provides up-to-date information on a topic of increasing importance across a range of disciplines and practices. It covers:
* the debate concerning children's rights and developments in rights provision over the last twenty years
* the impact of recent British legislation on children's rights in key areas such as education, social and welfare services and criminal justice
* the key provisions of the UN Convention and Human Rights Act
* recent policy proposals and initiatives in the British setting intended to establish and promote rights for children and young people
* the rights claims of particular groups of children, for example children who are carers or children who are disabled
* children's claims for particular rights such as the right to space, to sex education and citizenship
* the ways in which the voices of children and young people are or might be articulated more clearly in policy debates and other arenas
* issues and developments in Europe, Scandinavia and China.
The New Handbook of Children's Rights offers a comprehensive and radical appraisal of the field which will be invaluable to students and professionals alike.

eBook available with sample pages: 020340596X

Originally published in 2004. The book examines the possibility of resolving past and continuing social injustices that are rooted in colonial or some such other similar experience of states from a variety of perspectives. First the issue is examined from an international law perspective, which evaluates the validity of counter claims to title to land in affected SADC states. Secondly the issue is examined from a human rights perspective, which privileges promotion for the respect of the inherent dignity of all persons. Thirdly, the issue is examined from victimology and psychology schools of thought in order to understand both the effect and impact on stakeholders of the operative dynamics in conflicts that arise from long standing social injustices that are connected to colonial or some such other similar historical experience of States. The book proposes humwefficiency as a model for resolution of this type of conflict. This model targets preservation of the inherent dignity of all stakeholders by combining international human rights morality with local intuition about land ownership and use. In this sense, the book takes human rights theory beyond politics and utopia, and applies it to foster new social engineering technologies for the resolution of social injustices and promotion of social justice. This is justified by the fact that the human rights culture has evolved in a considerably short period of time to become the dominant culture of the world.

With the implementation of the Human Rights Act 1998 in October 2000 English law has for the first time a full positive system of legal rights. The difficulty is not so much that the Act will change healthcare law but the uncertainty of how it will do so. This book provides an insight into the operation of the Act and the Convention both in general terms and in respect to key areas including: use of healthcare resources and the right to treatment; procedure, professional discipline and complaints; the issue of autonomy and its relationship with dignity under both the Act and the Convention; rights in relation to minors, vulnerable adults and mental health; access to medical records and confidentiality; issues at the beginning of life and its ending; and finally, transplantation and biotechnology.

French Food offers a smorgasbord of topics on cuisine in modern France, from the invention of French cuisine in the early 1800s to the McDonaldization of that national emblem, the French fry. The editors uses discrete moments in French history to illuminate the intersection of food, nationality, and culture:
* the origin of modern French gastronomy
* the role of food in literature and films from Proust and Colette to detective fiction
* public and private meals at the end of the nineteenth century and
* the fusion of international cuisines at the turn of this century.

French Food offers a smorgasbord of topics on cuisine in modern France, from the invention of French cuisine in the early 1800s to the McDonaldization of that national emblem, the French fry. The editors uses discrete moments in French history to illuminate the intersection of food, nationality, and culture: the origin of modern French gastronomy, the role of food in literature and films from Proust and Colette to detective fiction, public and private meals at the end of the nineteenth century, and the fusion of international cuisines at the turn of this century.