There have been significant changes in public attitudes towards surveillance in the last few years as a consequence of the Snowden disclosures and the Cambridge Analytica scandal. This book re-evaluates competing arguments between national security and personal privacy. The increased assimilation between the investigatory powers of the intelligence services and the police and revelations of unauthorised surveillance have resulted in increased demands for transparency in information gathering and for greater control of personal data. Recent legal reforms have attempted to limit the risks to freedom of association and expression associated with electronic surveillance. This book looks at the background to recent reforms and explains how courts and the legislature are attempting to effect a balance between security and personal liberty within a social contract. It asks what drives public concern when other aspects seem to be less contentious. In view of our apparent willingness to post on social media and engage in online commerce, it considers if we are truly consenting to a loss of privacy and how this reconciles with concerns about state surveillance.

This title was first published in 2003. The fulfilment of health care rights in a world where resources are scarce is a prominent issue. In this volume, Frances H. Miller introduces studies on a wide variety of aspects of this important yet complex process.

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.

This book presents the findings of the first comprehensive study on the most recent and most unique and innovative method of monitoring international human rights law at the United Nations. Since its existence, there has yet to be a complete and comprehensive book solely dedicated to exploring the Universal Periodic Review (UPR) process. Women and International Human Rights Law provides a much-needed insight to what the process is, how it operates in practice, and whether it meets its fundamental aim of promoting the universality of all human rights. The book addresses the topics with regard to international human rights law and will be of interest to researchers, academics, and students interested in the monitoring and implementation of international human rights law at the United Nations. In addition, it will form supplementary reading for those students studying international human rights law on undergraduate programmes and will also appeal to academics and students with interests in political sciences and international relations.

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

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.

In the ten years of the Cultural Revolution, political persecutions, violation of rights, deprivation of freedom, violence and brutality were daily occurrences. Especially striking is the huge number of ordinary civilians who were involved in inflicting pain and suffering on their comrades, colleagues, friends, neighbors, and even family members. The large-scale and systematic form of violence and injustice that was witnessed differs from that in countries like Chile under military rule or South Africa during apartheid in that such acts were largely committed by ordinary people instead of officials in uniforms. Mok asks how we should assess the moral responsibility of these wrongdoers, if any, for the harm they did both voluntarily and involuntarily. After the death of Chairman Mao, there was a trial of the Gang of Four, who were condemned as the chief perpetrators of the Cultural Revolution. Besides, tens of millions of officials and cadres who were wrongly accused and unfairly treated were subsequently cleared and reinstated under the new leadership. However, justice has not yet been fully done because no legal or political mechanism has ever been established for the massive number of civilian perpetrators to answer for all sorts of violence inflicted on other civilians, to make peace with their victims, and to make amends. The numerous civilians who participated need to come to terms with the people they wronged in those turbulent years. Justice in general and transitional justice in particular may still be pursued by taking the first steps to clarify and identify the moral burden and responsibility that may legitimately be ascribed to the various types of participant. This book will be of interest to anyone who studies the Cultural Revolution of China, especially those who are concerned with the ethical dimension.

This book offers a novel and contemporary examination of the 'responsibility to protect' (R2P) doctrine from an international legal perspective and analyses how the doctrine was applied within the Libyan and Syrian conflicts as two recent and highly significant R2P cases. The book dissects each of R2P's three component pillars to examine their international legal underpinnings, drawing upon diverse legal frameworks - including the laws of the UN, laws of international organisations, human rights law, humanitarian law, criminal law, environmental law, and laws of State responsibility - to extract conclusions regarding existing and emerging host and third-State obligations to prevent and react to mass atrocity crimes. It uses this legal grounding to critically examine specific aspects of the Libyan and Syrian R2P cases, engaging with some of the more traditional debates surrounding R2P's application, most notably those that pertain to the use of force (or lack thereof), but also exploring some of the less-researched non-military methods that were or could have been employed by States and international organisations to uphold the doctrine. Such an analysis captures the diversity in the means and actors through which R2P can be implemented and allows for the extraction of more nuanced conclusions regarding the doctrine's strengths and limitations, gaps in enforceability, levels of State support, and future trajectory. The book will be of interest to scholars and students in the field of international law and human rights law.

This title was first published in 2003. Environmental Human Rights redefines the political, ethical and legal relationships between the environment and human rights to claim the human rights to an environment free from toxic pollution and to natural resources. Through a focus on the operational dynamics of social power, this compelling book details how global capitalism subjugates concerns of human security and environmental protection to the values of allocative efficiency and economic growth. The capacity of social power to construct ethical norms and to determine the efficacy of law is examined to explain how ethical and legal concepts have been selectively applied to accommodate existing patterns of production, consumption and exchange that cause environmental degradation and human rights violations. By looking at how environmental values have been systematically excluded from the human rights discourse, the book claims that human rights politics and law has been constructed on double standards to accommodate the destructive forces of capitalism.

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.

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

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.

This title was first published in 2000: An investigation of how the claims of minority groups for greater political power through 'autonomy' and 'secession' clash with the concerns of the nation-State, and how States' refusals to respond positively to such claims contribute to the escalation of ethnic conflicts in contemporary multi-ethnic polities. In addition, this book examines the extent to which the international community is prepared to accommodate the concerns of minority groups beyond traditionally identified 'minority rights'. The validity of claims for autonomy with shared-sovereignty, autonomy as an inherent part of self-determination, autonomy as a solution to current ethnic conflicts, secessionist and irredentist movements and their impact on peace and security are analyzed in detail. Most importantly, whether minorities as such can secede from the State in which they live by virtue of self-determination is critically analyzed. The discussion of 'peoples' in the context of self-determination is the first detailed research on this subject to appear in international and human rights literature.

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.

This title was first published in 2002.This book offers an intriguing examination of the law concerning liability for psychiatric injury suffered by employees in the workplace. Included among these are employees confronting the risk of death or injury in the course of their normal employment, such as police or fire-fighters, those confronting death or injury out of their ordinary course of employment, such as accidents at work, and those possibly exposed to health-threatening circumstances, such as dust in the workplace. Also considered are employees who suffer mental health problems resulting from environmental factors, such as bullying, overwork and disciplinary measures. The amount of damages recovered in such actions can be substantial and this book examines the extent of the employer's liability, as well as providing a psychiatric medicine perspective and a detailed analysis of the current state of the law in England, Wales and Australia.

In this moment of unprecedented humanitarian crises, the representations of global disasters are increasingly common media themes around the world. The Routledge Companion to Media and Humanitarian Action explores the interconnections between media, old and new, and the humanitarian challenges that have come to define the twenty-first century. Contributors, including media professionals and experts in humanitarian affairs, grapple with what kinds of media language, discourse, terms, and campaigns can offer enough context and background knowledge to nurture informed global citizens. Case studies of media practices, content analysis and evaluation of media coverage, and representations of humanitarian emergencies and affairs offer further insight into the ways in which strategic communications are designed and implemented in field of humanitarian action.

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.

Making a forceful case for political poetry as poetry, Nelson brings to bear his extraordinary knowledge of American poets, radical movements, and social struggles in order to bring out an undervalued strength in a literature often left at the canon's edge. Richly detailed and beautifully illustrated with period engravings and woodcuts, Revolutionary Memory brings that chorus dramatically to life and set a cultural agenda for future work.

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.

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).

* Presents a novel approach to the study of legal change;

The United Nations has established a right to the truth to be enjoyed by victims of gross violations of human rights. The origins of the right stem from the need to provide victims and relatives of the missing with a right to know what happened. It encompasses the verification and full public disclosure of the facts associated with the crimes from which they or their relatives suffered. The importance of the right to the truth is based on the belief that, by disclosing the truth, the suffering of victims is alleviated. This book analyses the emergence of this right, as a response to an understanding of the needs of victims, through to its development and application in two particular legal contexts: international human rights law and international criminal justice. The book examines in detail the application of the right through the case law and jurisprudence of international tribunals in the human rights and also the criminal justice context, as well as looking at its place in transitional justice. The theoretical foundations of the right to the truth are considered as well as the various objectives appropriate for different truth-seeking mechanisms. The book then goes on to discuss to what extent it can be understood, constructed and applied as a hard, legally enforceable right with correlating duties on various people and institutions including state agencies, prosecutors and judges.

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.

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.

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.