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This insightful book addresses human rights from the perspective of
those groups whose rights are especially vulnerable to abuse, with
particular reference to stateless or internally-displaced persons,
linguistic, cultural and sexual minorities and disabled people.
The essays selected for this volume, written by some of the world's
most respected experts on human rights, encompass the development
of human rights law from its philosophical underpinnings and
address many of its current controversies. The collected essays
explore the drafting of major human rights instruments, including
the political challenges that shaped those instruments; examine the
interrelationship of various claimed rights; and identify factors
producing compliance with - and violation of - human rights law.
Other contributions analyze the role of non-governmental
organizations in achieving better human rights protections as well
as the danger of claiming too many rights, and the tension between
rights and security. Contrasting viewpoints in several essays
highlight some of the key conflicts in the field. An introductory
essay provides a roadmap marking the collection's major themes, and
tracing the relationship between those themes. Taken together, the
essays emphasize the legal underpinnings of the human rights regime
and as such, the collection provides an essential, wide-ranging
account of this important part of international law, procedure and
practice.
For more than half a century, the world community has sought to
codify a series of fundamental precepts intended to prevent such
abuses of human rights as torture, discrimination, starvation, and
forced eviction. The United Nations, other international
organizations, regional institutions, and governments have
developed various procedures for protecting against and providing
remedies for human rights violations."International Human Rights
Law" is a comprehensive introductory treatise, intended for all
concerned about this critical area of international law, including
students, lawyers, other advocates, teachers, and academics. The
book contains an overview of the development of human rights as a
domain of international law; a collection of brief summaries of
each of the rights specified in the Universal Declaration of Human
Rights and other critical human rights instruments; and a review of
the national, regional, and international procedures for
implementing human rights precepts.The overview traces the history
of human rights, from early philosophical and religious ideas and
theories of natural law to modern formulations. The second section
provides concise summaries of the substantive principles of and
practices relevant to self-determination, equality, life, slavery,
torture, fair trial, detention, privacy, health, food, housing, and
clothing, as well as emerging rights such as sustainable
development, environmental health, peace, and security from
terrorism. A final section describes UN human rights procedures
(both Charter-based and treaty-based); criminal procedures;
African, European, inter-American, and other regional systems;
national institutions and processes, truth and reconciliation
commissions, and nongovernmental organizations. Throughout, example
cases are cited, and each chapter concludes with a list of the most
useful print and web resources.
This compact, comprehensive title offers a thorough overview of the
history, constitutional basis, statutory structure, regulatory
provisions, administrative procedure, and ethical principles
related to immigration law and practice. Updated to reflect
developments including the Trump administration's impact on
immigration law and the Biden Administration, it is valuable both
as a teaching and a practice reference.
Non-citizens include asylum seekers, rejected asylum seekers,
immigrants, non-immigrants, migrant workers, refugees, stateless
persons, and trafficked persons. This book argues that regardless
of their citizenship status, non-citizens should, by virtue of
their essential humanity, enjoy all human rights unless exceptional
distinctions serve a legitimate State objective and are
proportional to the achievement of that objective. Non-citizens
should have freedom from arbitrary arrest, arbitrary killing, child
labor, forced labor, inhuman treatment, invasions of privacy,
refoulement, slavery, unfair trial, and violations of humanitarian
law. Additionally, non-citizens should have the right to consular
protection; equality; freedom of religion and belief; labor rights
(for example, as to collective bargaining, workers' compensation,
healthy and safe working conditions, etc.); the right to marry;
peaceful association and assembly; protection as minors; social,
cultural, and economic rights.
There is a large gap, however, between the rights that
international human rights law guarantee to non-citizens and the
realities they face. In many countries, non-citizens are confronted
with institutional and endemic discrimination and suffering. The
situation has worsened since September 11, 2001, as several
governments have detained or otherwise violated the rights of
non-citizens in response to fears of terrorism. This book attempts
to understand and respond to the challenges of international human
rights law guarantees for non-citizens human rights.
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