This multidisciplinary volume considers the role of both public health and mental health policies and practices in the prevention of mass atrocity, including war crimes, crimes against humanity, and genocide. The authors address atrocity prevention through the framework of primary (pre-conflict), secondary (mid-conflict), and tertiary (post-conflict) settings. They examine the ways in which public health and mental health scholars and practitioners currently orient their research and interventions and the ways in which we can adapt frameworks, methods, tools, and practice toward a more sophisticated and truly interdisciplinary understanding and application of atrocity prevention. The book brings together diverse fields of study by global north and global south authors in diverse contexts. It culminates in a narrative that demonstrates the state of the current fields on intersecting themes within public health, mental health, and mass atrocity prevention and the future potential directions in which these intersections could go. Such discussions will serve to influence both policy makers and practitioners in these fields toward developing, adapting, and testing frames and tools for atrocity prevention. Multidisciplinary perspectives are represented among editors and authors, including law, political science, international studies, public health, mental health, philosophy, clinical psychology, social psychology, history, and peace studies.

This multidisciplinary volume considers the role of both public health and mental health policies and practices in the prevention of mass atrocity, including war crimes, crimes against humanity, and genocide. The authors address atrocity prevention through the framework of primary (pre-conflict), secondary (mid-conflict), and tertiary (post-conflict) settings. They examine the ways in which public health and mental health scholars and practitioners currently orient their research and interventions and the ways in which we can adapt frameworks, methods, tools, and practice toward a more sophisticated and truly interdisciplinary understanding and application of atrocity prevention. The book brings together diverse fields of study by global north and global south authors in diverse contexts. It culminates in a narrative that demonstrates the state of the current fields on intersecting themes within public health, mental health, and mass atrocity prevention and the future potential directions in which these intersections could go. Such discussions will serve to influence both policy makers and practitioners in these fields toward developing, adapting, and testing frames and tools for atrocity prevention. Multidisciplinary perspectives are represented among editors and authors, including law, political science, international studies, public health, mental health, philosophy, clinical psychology, social psychology, history, and peace studies.

Focusing on how to improve the participation of non-governmental actors in the making of international climate change laws, this book is a conversation on the relevance of a human rights-based approach to international climate change law-making. The book considers a possible reform of the United Nations Framework Convention on Climate Change institutional arrangement, inspired by the practice and model of participation of Arctic Indigenous Peoples in the Arctic Council. Different non-State entities play a fundamental role in the development and enforcement of the climate change regime by enhancing the knowledge base of decision-making, keeping States in line with their commitments, and engaging in private initiatives aimed at mitigating the impacts of global warming. Albeit non-governmental and subnational actors increasingly work alongside States in the making of a climate change regime, the category of observers through which they participate in intergovernmental negotiations only gives them limited rights and their participation in international norm-making has at times been impaired. The relevance of a human rights-based approach consists in recognising the status of individuals and groups as rights-holders under human rights law, a paradigm that was first established by Arctic Indigenous Peoples when claiming their participatory rights in the Arctic Council, the main forum of governance of the Arctic region. This book argues that, in the absence of a globally binding treaty regulating procedural rights in intergovernmental negotiations, the emerging relationship between human rights and climate change could serve as a legal basis for the enhancement of non-governmental actors' procedural rights, establishing the right to participation as a right in itself and which can benefit the governance of climate change. Due to the relevance of the addressed subject, the book is destined to a broad readership and will be of use to academic researchers, law practitioners, policy-makers and non-governmental organisations' representatives.

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 provides a detailed analysis of South Africa's actions on the UN Human Rights Council, examining the country's positions on civil and political rights, economic rights and development, social groups whose rights are frequently violated, and abuses in specific countries. The most detailed and comprehensive study of any country's record on the UN Human Rights Council to date, this book demonstrates that despite occasional support for human rights, South Africa's overall record ranged from opposing to failing to support human rights. This is compounded by an anti-Western or 'anti-imperial' edge to South Africa's positions on the UNHRC. Using South Africa as a study case of a liberal country consistently behaving illiberally, this book therefore challenges the widespread belief in international relations theory, typically found in liberal and constructivist thought, that there is an alignment of domestic political society and foreign policy values. Addressing ongoing debates since the presidency of Nelson Mandela about the place of human rights in South Africa's foreign policy, South Africa and the UN Human Rights Council will be useful to students and scholars of international relations, human rights, international law, and African politics.

This book presents a critical analysis of the concept of 'adequate housing'. While the concept of adequate housing is used largely as a normative standard in the protection of housing rights and in the implementation of housing policies, its apparent objectivity and universality have never been questioned by political and legal theory. This book analyses and challenges the understanding of this term in law and politics by investigating its relationship with the idea of 'home'. 'It is necessary to provide them with adequate housing!' It is very common to hear this phrase when dealing with housing poverty, especially in relation to migrants, minorities, indigenous and other subaltern groups are concerned. But what does "adequate housing" mean? This book tackles this issue by proposing a critical analysis of this concept and of its use in the development of housing policies addressing the subaltern group par excellence in Europe, Roma. In so doing, it focuses on the lives of Roma and Sinti in Italy who have been the target of inclusion policies. Highlighting the emotional connection to housing, and dismantling some of the most 'common sense' ideas about Roma, it offers a radical revision of how social justice in the housing sector might be refigured. This book will be invaluable for scholars and students working on relevant themes in socio and critical legal studies, sociology, human rights, urban studies, human geography and Romani studies

Analysing both UK and international case law, this book develops unique regulatory ideas and insights which better respond to the complexity of human drug use.

This book examines the interpretation and application of the right to freedom of religion and belief of new minorities formed by recent migration by the European Court of Human Rights (ECtHR) and the United Nations Human Rights Committee (HRC). New minorities are increasingly confronted with restrictions of their religious practices and have addressed their rights claims both to the ECtHR and the HRC through their individual complaint procedures, which resulted in several contradicting decisions. Based on a quantitative and qualitative empirical analysis of the relevant case law, focusing in particular on the reasoning adopted by the two bodies, this book finds that the HRC in its practice offers a significantly higher level of protection to new minorities than the ECtHR. Such divergence may be explained by various institutional and conceptual differences, of which the concept of the margin of appreciation is the most influential. It is contended that the extensive use of the concept of the margin of appreciation by the ECtHR in the case law regarding new minorities' right to freedom of religion and belief, and the absence of such concept in the HRC's case law, could be explained by different understandings of the role of an international human rights body in conflicts between the majority and minorities. This book argues that such divergence could be mitigated with various tools, such as the inclusion of cross-references to the case law of other relevant bodies as well as to instruments specifically established for the protection of minorities. The book will be of interest to academics, researchers and practitioners in the area of international human rights law, international public law in general and law and religion.

This book discusses contemporary accountability and transparency mechanisms by presenting a selection of case studies. The authors deal with various problems connected to controlling public institutions and incumbents' responsibility in state bodies. The work is divided into three parts. Part I: Law examines the institutional and objective approach. Part II: Fairness and Rights considers the subject approach, referring to a recipient of rights. Part III: Authority looks at the functional approach, referring to the executors of law. Providing insights into increasing understanding of various concepts, principles, and institutions characteristic of the modern state, the book makes a valuable contribution to the area of comparative constitutional change. It will be a valuable resource for academics, researchers, and policy-makers working in the areas of constitutional law and politics.

This volume presents a systematic collection of the various international legal sources that define the rights of religious minorities. In a time of increasing tensions around religious minorities, this volume presents a systematic collection of international and European documents on the protection and promotion of religious minorities' rights. The code includes documents from the United Nations, the Council of Europe, the Organization for Security and Cooperation in Europe and the European Union. An index system connects the various sources and norms, and emphasizes the strengths and the weaknesses in the legal frameworks of international and European institutions. While allowing for further research on the historical and conceptual development in the area, the code provides the reader with a new, easily accessible tool facilitating experts and actors who wish to improve the knowledge and protection of religious minorities. This book will be an invaluable resource for students, academics and researchers interested in law and religion, international law, public law and human rights law, the code is also a powerful tool for minorities themselves, and for advocates of their rights.

This book focuses on the neglected yet critical issue of how the global migration of millions of parents as low-waged migrant workers impacts the rights of their children under international human rights law. The work provides a systematic analysis and critique of how the restrictive features of policies governing temporary labour migration interfere with provisions of the Convention on the Rights of the Child that protect the child-parent relationship and parental role in children's lives. Combining social and legal research, it identifies both potential harms to children's well-being caused by prolonged child-parent separation and State duties to protect this relationship, which is deliberately disrupted by temporary labour migration policies. The book boldly argues that States benefitting from the labour of migrant workers share responsibility under international human rights law to mitigate harms to the children of these workers, including by supporting effective measures to maintain transnational child-parent relationships. It identifies measures to incorporate children's best interests into temporary labour migration policies, offering ways to reduce interferences with children's family rights. This book fills a gap that emerges at the intersection of child rights studies, migration research and existing literature on the purported nexus between labour migration and international development. It will be a valuable resource for academics, researchers and policymakers working in these areas. The Open Access version of this book, available at http://www.taylorfrancis.com/books/e/9781003028000, has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license

Criminal defence at the investigative stage has attracted growing attention due to the shifting focus of the criminal process onto pre-trial stages, and the recent European regulations adopted in this area. Increasingly, justice practitioners and legislators across the EU have begun to realise that 'the trial takes place at the police station'. This book provides a comprehensive legal, empirical and contextual analysis of criminal defence at the investigative stage from a comparative perspective. It is a socio-legal study of criminal defence practice, which draws upon original empirical material from England and Wales and the Netherlands. Based on extensive interviews with lawyers, and extended periods of observation, the book contrasts the encountered reality of criminal defence with the model role of a lawyer at the investigative stage derived from European norms. It places the practice of criminal defence within the broader context of procedural traditions, contemporary criminal justice policies and lawyers' occupational cultures. Criminal Defence at Police Stations questions the determinative role of procedural traditions in shaping criminal defence practice at the investigative stage. The book will be of interest for criminal law and justice practitioners, as well as for academics focusing on criminal justice, criminology, socio-legal studies, legal psychology and human rights.

During the 20th century many countries embarked on a process of constitutional secularization by which the role of religion gradually became limited. Yet, by the late 20th century, and increasingly following the end of the Cold War, this development began to be challenged. This book examines the return of religion in constitutions through the concept of constitutional de-secularization. It places this phenomenon in the context of the constitutional memory of the countries in which it has taken place and critically examines it against the development and standards of constitutionalism, as the prevailing constitutional legal and political theory. Central to this analysis is the impact of constitutional de-secularization on the regulation of equality in liberty, that is, both the regulation of constitutional rights and the scope for equality of those who are granted such rights. The book argues that equal liberty forms an essential part of constitutionalism as a theory, and that constitutionalism therefore entails a continuous development towards expanding it. The first and second part of the book presents a conceptual framework for the study of constitutional de-secularization. The third part presents and analyses three cases of constitutional de-secularization in Afghanistan, Iran and Iraq. The book will be of interest to researchers and policy-makers interested in constitutional history and theory, and the role of religion in law and its compatibility with human rights.

Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first-the value view of rights-argues that for a person to have a right is to be valuable in a certain way, or to have a value property. This special type of value is in turn identified by the reasons that others have for treating the right holder in certain ways, and that correlate with the value in question. David Alm then argues that the familiar agency view of rights should be replaced with a different version according to which persons' rights, and thus at least in part their value, are based on their actions rather than their mere agency. This view, which Alm calls exercise-based rights, retains some of the most valuable features of the agency view while also defending it against common objections concerning right loss. This book presents a unique conception of exercise-based rights that will be of keen interest to ethicists, legal philosophers, and political philosophers interested in rights theory.

Transitional justice seeks to establish a break between the violent past and a peaceful, democratic future, and is based on compelling frameworks of resolution, rupture and transition. Bringing together contributions from the disciplines of law, history and anthropology, this comprehensive volume challenges these frameworks, opening up critical conversations around the concepts of justice and injustice; history and record; and healing, transition and resolution. The authors explore how these concepts operate across time and space, as well as disciplinary boundaries. They examine how transitional justice mechanisms are utilised to resolve complex legacies of violence in ways that are often narrow, partial and incomplete, and reinforce existing relations of power. They also destabilise the sharp distinction between 'before' and 'after' war or conflict that narratives of transition and resolution assume and reproduce. As transitional justice continues to be celebrated and promoted around the globe, this book provides a much-needed reflection on its role and promises. It not only critiques transitional justice frameworks but offers new ways of thinking about questions of violence, conflict, justice and injustice. It was originally published as a special issue of the Australian Feminist Law Journal.

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 status of economic liberties remains a serious lacuna in the theory and practice of human rights. Should a minimally just society protect the freedoms to sell, save, profit and invest? Is being prohibited to run a business a human rights violation? While these liberties enjoy virtually no support from the existing philosophical theories of human rights and little protection by the international human rights law, they are of tremendous importance in the lives of individuals, and particularly the poor. Like most individual liberties, economic liberties increase our ability to lead our own life. When we enjoy them, we can choose the occupational paths that best fit us and, in so doing, define who they are in relation to others. Furthermore, in the absence of good jobs, economic liberties allow us to create an alternative path to subsistence. This is critical for the millions of working poor in developing countries who earn their livelihoods by engaging in independent economic activities. Insecure economic liberties leave them vulnerable to harassment, bribery and other forms of abuse from middlemen and public officials. This book opens a debate about the moral and legal status of economic liberties as human rights. It brings together political and legal theorists working in the domain of human rights and global justice, as well as people engaged in the practice of human rights, to engage in both foundational and applied issues concerning these questions.

A comprehensive analysis of contemporary indigenous rights

Globalisation, and the vast migrations of capital and labour that have accompanied it in recent decades, has transformed family law in once unimaginable ways. Families have been torn apart and new families have been created. Borders have become more porous, allowing adoptees and mail order brides to join new families and women fleeing domestic violence to escape from old ones. People of different nationalities marry, have children, and divorce, not necessarily in that order. They file suits in their respective home states or third states, demanding support, custody, and property. Otherwise law-abiding parents risk jail in desperate efforts to abduct their own children from foreign ex-spouses. The aim of this Handbook is to provide scholars, postgraduate students, judges, and practioners with a broad but authoritative review of current research in the area of International Family Law. The contributors reflect on a range of jurisdictions and legal traditions and their approaches vary. Each chapter has a distinct subject matter and was written by an author who was invited because of his or her expertise on that subject. This volume provides a valuable contribution to emerging understandings of the subject.

This book provides a set of proposals for how best to guarantee effective enforcement of labour rights worldwide. The linkage between labour standards and global trade has been recurrent for some 200 years. At a time when the world is struggling to find a way out of crisis and is striving for economic growth, more than ever there is a need for up-to-date research on how to protect and promote labour rights in the global economy. This book explores the history of the field and also provides an overview of emerging trends and opportunities. It discusses the most recent problems including: the effectiveness and the role of the International Labour Organization (ILO) in the second century of its existence, the World Trade Organization (WTO) and its potential relevance in the protection of labour rights, the effectiveness of the US and the EU Generalised System of Preferences, the impact of corporate social responsibility (CSR) instruments on labour rights, and labour provisions in the international trade agreements concluded by the US and the EU. The book argues, inter alia, that trade agreements seem to be a useful tool to help pave the way out of the crisis and that the United States-Mexico-Canada Agreement (USMCA) can be perceived as a model agreement and a symbol of a shift in perspective from long global supply chains to a focus on regional ones, local production, jobs and a rise in wages. The book will be essential reading for academics and students in the fields of human rights law, international labour law, industrial relations law, international sustainable development law, international economic law and international trade law. It will also be of interest to practitioners, non-government organisations (NGOs) and policy makers.

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 book is the first to offer an in-depth analysis of transitional justice as an unfinished agenda in Indonesia's democracy. Examining the implementation of transitional justice measures in post-authoritarian Indonesia, this book analyses the factors within the democratic transition that either facilitated or hindered the adoption and implementation of transitional justice measures. Furthermore, it contributes key insights from an extensive examination of 'bottom-up' approaches to transitional justice in Indonesia: through a range of case studies, civil society-led initiatives to truth-seeking and local reconciliation efforts. Based on extensive archival, legal and media research, as well as interviews with key actors in Indonesia's democracy and human rights' institutions, the book provides a significant contribution to current understandings of Indonesia's democracy. Its analysis of the failure of state-centred transitional justice measures, and the role of civil society, also makes an important addition to comparative transitional justice studies. It will be of considerable interest to scholars and activists in the fields of Transitional Justice and Politics, as well as in Asian Studies.

It has been over 50 years since the beginning of the Israeli occupation of the Palestinian Territories. It is estimated that there are over 600,000 Israeli settlers living in the West Bank and East Jerusalem, and they are supported, protected, and maintained by the Israeli state. This book discusses whether international criminal law could apply to those responsible for allowing and promoting this growth, and examines what this application would reveal about the operation of international criminal law. It provides a comprehensive analysis of how the Rome Statute of the International Criminal Court could apply to the settlements in the West Bank through a close examination of the potential operation of two relevant Statute crimes: first, the war crime of transfer of population; and second, the war crime of unlawful appropriation of property. It also addresses the threshold question of whether the law of occupation applies to the West Bank, and how the principles of individual criminal responsibility might operate in this context. It explores the relevance and coherence of the legal arguments relied on by Israel in defence of the legality of the settlements and considers how these arguments might apply in the context of the Rome Statute. The work also has wider aims, raising questions about the Rome Statute's capacity to meet its aim of establishing a coherent and legally effective system of international criminal justice.

This book provides an overview of crimes under international law, radical evils, in a number of African states. This overview informs a critical analysis of the debates surrounding the African Union's call for withdrawal from the International Criminal Court and proposes a way forward with a more pertinent role for the Court. The work critically analyzes the arguments around withdrawal from the ICC and the extension of the jurisdiction of the African Court into criminal matters. It is held that this was not intended in the spirit of complementarity as envisaged by the Rome Statute, and is subject to political calculation and manipulation by national governments. Recasting the ICC as a court of second instance would provide a stronger institutional and jurisdictional regime. The book will be a valuable resource for students, academics, and policymakers working in the areas of international humanitarian law, international criminal law, African studies, and genocide studies.

Written in accessible language, this book provides a comprehensive analysis of a topical subject that is being widely debated across Europe. The work presents an overview of emerging case law from the European Court of Human Rights and the Court of Justice of the European Union, as well as from national courts and equality bodies in European countries, on the wearing of religious symbols in public spaces. The author persuasively argues that bans on the wearing of religious symbols constitutes a breach of an individual's human rights and contravene existing anti-discrimination legislation. Fully updated to take account of recent case law, this second edition has been expanded to consider bans in public spaces more generally, including employment, an area where some of the recent developments have taken place.