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This collection of 16 essays by 19 contributors calls into question
the notion of domestic justiciability across a wide range of human
rights issues, such as health, human dignity, criminal justice,
property and transitional democracy. The authors offer critical
analyses of a number of rights frameworks, focusing in considerable
detail upon specific countries (e.g. Libya, Colombia, Ireland, the
United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe,
Kenya, India) and regions (e.g. Europe, Africa) to highlight the
various challenges which continue to vex human rights advocates and
scholars. In doing so they pinpoint some of the major tensions that
still exist within developing and developed jurisdictions, via a
myriad range of perspectives. The essays collectively present a
diverse assortment of themes unified by a single 'golden thread' -
that of the domestic interpretations given to human rights
protections. They raise questions as to how such rights might be
made substantive at the level of domestic implementation, and query
the extent to which these rights can, or even should, be enforced
by the courts. The potential strains in the relationship between
human rights and the rule of law, is further called into question
by another central theme: that of human dignity. A fundamental
dilemma arises in respect of the extent to which a 'right' to
dignity can best be promoted, protected or monitored by domestic
decision-makers. Similar issues are apparent within the context of
the protection of those human rights which increasingly tend to
engage social, political or economic considerations and interests.
Whilst these arguments are often framed principally in terms of
'rights,' the collective message that emerges from this book is
that such rights may often be, in fact, essentially
non-justiciable. Readers of this text will perhaps feel compelled
to reflect carefully and fully upon what it tells us about human
rights law generally, and the extent to which such rights may be
truly amenable to adjudication by the courts.
This collection of 16 essays by 19 contributors calls into question
the notion of domestic justiciability across a wide range of human
rights issues, such as health, human dignity, criminal justice,
property and transitional democracy. The authors offer critical
analyses of a number of rights frameworks, focusing in considerable
detail upon specific countries (e.g. Libya, Colombia, Ireland, the
United Kingdom, Northern Ireland, South Africa, Nigeria, Zimbabwe,
Kenya, India) and regions (e.g. Europe, Africa) to highlight the
various challenges which continue to vex human rights advocates and
scholars. In doing so they pinpoint some of the major tensions that
still exist within developing and developed jurisdictions, via a
myriad range of perspectives. The essays collectively present a
diverse assortment of themes unified by a single 'golden thread' -
that of the domestic interpretations given to human rights
protections. They raise questions as to how such rights might be
made substantive at the level of domestic implementation, and query
the extent to which these rights can, or even should, be enforced
by the courts. The potential strains in the relationship between
human rights and the rule of law, is further called into question
by another central theme: that of human dignity. A fundamental
dilemma arises in respect of the extent to which a 'right' to
dignity can best be promoted, protected or monitored by domestic
decision-makers. Similar issues are apparent within the context of
the protection of those human rights which increasingly tend to
engage social, political or economic considerations and interests.
Whilst these arguments are often framed principally in terms of
'rights,' the collective message that emerges from this book is
that such rights may often be, in fact, essentially
non-justiciable. Readers of this text will perhaps feel compelled
to reflect carefully and fully upon what it tells us about human
rights law generally, and the extent to which such rights may be
truly amenable to adjudication by the courts.
This text collates and examines the jurisprudence that currently
exists in respect of blood-tied genetic connection, arguing that
the right to identity often rests upon the ability to identify
biological ancestors, which in turn requires an absence of
adult-centric veto norms. It looks firstly to the nature and
purpose of the blood-tie as a unique item of birthright heritage,
whose socio-cultural value perhaps lies mainly in preventing, or
perhaps engendering, a feared or revered sense of 'otherness.' It
then traces the evolution of the various policies on 'telling' and
accessing truth, tying these to the diverse body of psychological
theories on the need for unbroken attachments and the harms of
being origin deprived. The 'law' of the blood-tie comprises of
several overlapping and sometimes conflicting strands: the
international law provisions and UNCRC Country Reports on the
child's right to identity, recent Strasbourg case law, and domestic
case law from a number of jurisdictions on issues such as legal
parentage, vetoes on post-adoption contact, court-delegated
decision-making, overturned placements and the best interests of
the relinquished child. The text also suggests a means of
preventing the discriminatory effects of denied ancestry, calling
upon domestic jurists, legislators, policy-makers and parents to be
mindful of the long-term effects of genetic 'kinlessness' upon
origin deprived persons, especially where they have been tasked
with protecting this vulnerable section of the population.
This text collates and examines the jurisprudence that currently
exists in respect of blood-tied genetic connection, arguing that
the right to identity often rests upon the ability to "identify"
biological ancestors, which in turn requires an absence of
adult-centric veto norms. It looks firstly to the nature and
purpose of the blood-tie as a unique item of birthright heritage,
whose socio-cultural value perhaps lies mainly in preventing, or
perhaps engendering, a feared or revered sense of otherness. It
then traces the evolution of the various policies on telling and
accessing truth, tying these to the diverse body of psychological
theories on the need for unbroken attachments and the harms of
being origin deprived. The law of the blood-tie comprises of
several overlapping and sometimes conflicting strands: the
international law provisions and UNCRC Country Reports on the child
s right to identity, recent Strasbourg case law, and domestic case
law from a number of jurisdictions on issues such as legal
parentage, vetoes on post-adoption contact, court-delegated
decision-making, overturned placements and the best interests of
the relinquished child. The text also suggests a means of
preventing the discriminatory effects of denied ancestry, calling
upon domestic jurists, legislators, policy-makers and parents to be
mindful of the long-term effects of genetic kinlessness upon origin
deprived persons, especially where they have been tasked with
protecting this vulnerable section of the population."
This book discusses the topic of graduate employability from the
premise that in this era of 'massification,' economic austerity,
and political uncertainties, higher education (HE) no longer
guarantees a clear 'work place advantage.' Divided into three
sections, the book offers theoretical and philosophical discourses
on the 'HE quandary,' whilst taking into account - and critiquing -
political, temporal, and national contexts. It culminates in an
investigation into specific discipline areas. It offers insights
into the way that institutions, decision-makers, academics, and
professional support staff can work together towards ensuring that
our graduates are able to cope with the varied demands and
challenges of modern job markets. It harnesses arguments and
reflections on the breadth and depth of the functions of HE, such
as social transformation, promoting principles of social justice,
and providing opportunities. It grounds these in a triadic model
for enhancing student engagement and holistic learning, namely, the
emotional, cognitive, and behavioural aspects. As an anthology, it
is forward-gazing in terms of the sustainability debate, whilst
still offering evidence-based, research-grounded, practical
suggestions to readers looking for tips and tools of the trade.
This book discusses the topic of graduate employability from the
premise that in this era of 'massification,' economic austerity,
and political uncertainties, higher education (HE) no longer
guarantees a clear 'work place advantage.' Divided into three
sections, the book offers theoretical and philosophical discourses
on the 'HE quandary,' whilst taking into account - and critiquing -
political, temporal, and national contexts. It culminates in an
investigation into specific discipline areas. It offers insights
into the way that institutions, decision-makers, academics, and
professional support staff can work together towards ensuring that
our graduates are able to cope with the varied demands and
challenges of modern job markets. It harnesses arguments and
reflections on the breadth and depth of the functions of HE, such
as social transformation, promoting principles of social justice,
and providing opportunities. It grounds these in a triadic model
for enhancing student engagement and holistic learning, namely, the
emotional, cognitive, and behavioural aspects. As an anthology, it
is forward-gazing in terms of the sustainability debate, whilst
still offering evidence-based, research-grounded, practical
suggestions to readers looking for tips and tools of the trade.
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