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This book aims to introduce concrete and innovative proposals for
an holistic approach to supranational human rights justice through
a hands-on legal exercise: the rewriting of decisions of
supranational human rights monitoring bodies. The contributing
scholars have thus redrafted crucial passages of landmark human
rights judgments and decisions, 'as if human rights law were really
one', borrowing or taking inspiration from developments and
interpretations throughout the whole multi-layered human rights
protection system. In addition to the rewriting exercise, the
contributors have outlined the methodology and/or theoretical
framework that guided their approaches and explain how human rights
monitoring bodies may adopt an integrated approach to human rights
law. Integrated Human Rights in Practice shows that even within the
current fragmented landscape of international human rights law, it
is possible to integrate human rights to a significantly higher
degree than is generally the case. Redrafted opinions deal with
major contemporary issues such as conscientious objection by health
service providers, intersectional discrimination of minority women,
the rights of persons with disabilities, the rights of indigenous
peoples against powerful economic interests, and the human rights
impact of austerity measures. This book's novel perspective and
applied, concrete examples make it an invaluable resource for
academics and students as well as judges, lawyers, and treaty body
members.
The field of 'critical indigenous rights studies' is a complex one
that benefits from an interdisciplinary perspective and a realist
(as opposed to an idealised) approach to indigenous peoples. This
book draws on sociology of law, anthropology, political sciences
and legal sciences in order to address emerging issues in the study
of indigenous rights and identify directions for future research.
The first part of the volume investigates how changing identities
and cultures impact rights protection, analysing how policies on
development and land, and processes such as migration, interrelate
with the mobilisation of identities and the realisation of rights.
In the second part, new approaches related to indigenous peoples'
rights are scrutinised as to their potential and relevance. They
include addressing legal tensions from an indigenous peoples'
rights perspective, creating space for counter-narratives on
international law and designing new instruments. Throughout the
text, case studies with wide geographical scope are presented,
ranging from Latin America (the book's focus) to Egypt, Rwanda and
Scandinavia.
Children's rights law is often studied and perceived in isolation
from the broader field of human rights law. This volume explores
the inter-relationship between children's rights law and more
general human rights law in order to see whether elements from each
could successfully inform the other. Children's rights law has a
number of distinctive characteristics, such as the emphasis on the
'best interests of the child', the use of general principles, and
the inclusion of 'third parties' (e.g. parents and other
care-takers) in treaty provisions. The first part of this book
questions whether these features could be a source of inspiration
for general human rights law. In part two, the reverse question is
asked: could children's rights law draw inspiration from
developments in other branches of human rights law that focus on
other specific categories of rights holders, such as women, persons
with disabilities, indigenous peoples, or older persons? Finally,
the interaction between children's rights law and human rights law
- and the potential for their isolation, inspiration or integration
- may be coloured or determined by the thematic issue under
consideration. Therefore the third part of the book studies the
interplay between children's rights law and human rights law in the
context of specific topics: intra-family relations, LGBTQI
marginalization, migration, media, the environment and
transnational human rights obligations.
Since the adoption of the UN Convention on the Rights of the Child
(1989) children's rights have assumed a central position in a wide
variety of disciplines and policies. This handbook offers an
engaging overview of the contemporary research landscape for those
people in the theory and practice of children's rights. The volume
offers a multidisciplinary approach to children's rights, as well
as key thematic issues in children's rights at the intersection of
global and local concerns. The main approaches and topics within
the volume are: * Law, social work, and the sociology of childhood
and anthropology * Geography, childhood studies, gender studies and
citizenship studies * Participation, education and health *
Juvenile justice and alternative care * Violence against children
and female genital mutilation * Child labour, working children and
child poverty * Migration, indigenous children and resource
exploitation The specially commissioned chapters have been written
by renowned scholars and researchers and come together to provide a
critical and invaluable guide to the challenges and dilemmas
currently facing children's rights.
The field of 'critical indigenous rights studies' is a complex one
that benefits from an interdisciplinary perspective and a realist
(as opposed to an idealised) approach to indigenous peoples. This
book draws on sociology of law, anthropology, political sciences
and legal sciences in order to address emerging issues in the study
of indigenous rights and identify directions for future research.
The first part of the volume investigates how changing identities
and cultures impact rights protection, analysing how policies on
development and land, and processes such as migration, interrelate
with the mobilisation of identities and the realisation of rights.
In the second part, new approaches related to indigenous peoples'
rights are scrutinised as to their potential and relevance. They
include addressing legal tensions from an indigenous peoples'
rights perspective, creating space for counter-narratives on
international law and designing new instruments. Throughout the
text, case studies with wide geographical scope are presented,
ranging from Latin America (the book's focus) to Egypt, Rwanda and
Scandinavia.
Children's rights law is often studied and perceived in isolation
from the broader field of human rights law. This volume explores
the inter-relationship between children's rights law and more
general human rights law in order to see whether elements from each
could successfully inform the other. Children's rights law has a
number of distinctive characteristics, such as the emphasis on the
'best interests of the child', the use of general principles, and
the inclusion of 'third parties' (e.g. parents and other
care-takers) in treaty provisions. The first part of this book
questions whether these features could be a source of inspiration
for general human rights law. In part two, the reverse question is
asked: could children's rights law draw inspiration from
developments in other branches of human rights law that focus on
other specific categories of rights holders, such as women, persons
with disabilities, indigenous peoples, or older persons? Finally,
the interaction between children's rights law and human rights law
- and the potential for their isolation, inspiration or integration
- may be coloured or determined by the thematic issue under
consideration. Therefore the third part of the book studies the
interplay between children's rights law and human rights law in the
context of specific topics: intra-family relations, LGBTQI
marginalization, migration, media, the environment and
transnational human rights obligations.
Since the adoption of the UN Convention on the Rights of the Child
(1989) children's rights have assumed a central position in a wide
variety of disciplines and policies. This handbook offers an
engaging overview of the contemporary research landscape for those
people in the theory and practice of children's rights. The volume
offers a multidisciplinary approach to children's rights, as well
as key thematic issues in children's rights at the intersection of
global and local concerns. The main approaches and topics within
the volume are: * Law, social work, and the sociology of childhood
and anthropology * Geography, childhood studies, gender studies and
citizenship studies * Participation, education and health *
Juvenile justice and alternative care * Violence against children
and female genital mutilation * Child labour, working children and
child poverty * Migration, indigenous children and resource
exploitation The specially commissioned chapters have been written
by renowned scholars and researchers and come together to provide a
critical and invaluable guide to the challenges and dilemmas
currently facing children's rights.
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