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Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This Advanced Introduction offers a succinct yet
comprehensive introduction to the multidisciplinary field of
children's rights. Inspired by the dilemma of difference in the
discussion of children's rights, chapters explore the equal rights
that children share with adults as well as their differentiated and
special rights. Key Features: Accessible, conceptually-grounded
exploration of the contemporary children's rights debates Inclusive
and multifaceted overview of children's rights within the human
rights paradigm Forward looking perspectives and discussion of the
future of children's rights Approaching the topic of children's
rights firmly within the human rights paradigm, this Advanced
Introduction will be a valuable companion for students and
academics interested in children's rights, human rights and
international law. Legal scholars and policy-makers looking to gain
insight into key areas in children's rights will also find this
book an interesting read.
This comprehensive Commentary presents a contemporary legal
perspective on the inherently interdisciplinary field of children's
rights. Chapters analyse each article of the Convention on the
Rights of the Child, along with its Optional Protocols, providing
contextualised information on the interpretation and implementation
of the children's rights provisions therein. A detailed
introduction examines the history of the Convention and places it
within the wider landscape of human rights and other disciplinary
approaches such as the sociology of childhood. The Commentary
critically engages with the text of the Convention, exploring
commonly used concepts and defining pertinent terminology. The
authors draw on multiple perspectives and refer to disciplines
outside of law to enrich the analysis of the articles, their
interpretation and the study of children's rights as a discipline.
Featuring examples of case law from regional human rights systems
this Commentary provides a well-rounded insight into the status of
children's rights on a global scale. Written in an accessible
style, this Commentary will be a valuable reference work for
students, researchers, practitioners and policymakers alike. The
Commentary will be of great interest to those working within
children's rights law and human rights law. Researchers in
politics, sociology and international studies who are seeking
further information and insight on the rights of children will also
find this Commentary to be a useful point of reference.
Elgar Advanced Introductions are stimulating and thoughtful
introductions to major fields in the social sciences, business and
law, expertly written by the world's leading scholars. Designed to
be accessible yet rigorous, they offer concise and lucid surveys of
the substantive and policy issues associated with discrete subject
areas. This Advanced Introduction offers a succinct yet
comprehensive introduction to the multidisciplinary field of
children's rights. Inspired by the dilemma of difference in the
discussion of children's rights, chapters explore the equal rights
that children share with adults as well as their differentiated and
special rights. Key Features: Accessible, conceptually-grounded
exploration of the contemporary children's rights debates Inclusive
and multifaceted overview of children's rights within the human
rights paradigm Forward looking perspectives and discussion of the
future of children's rights Approaching the topic of children's
rights firmly within the human rights paradigm, this Advanced
Introduction will be a valuable companion for students and
academics interested in children's rights, human rights and
international law. Legal scholars and policy-makers looking to gain
insight into key areas in children's rights will also find this
book an interesting read.
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.
The Routledge Handbook on Extraterritorial Human Rights Obligations
brings international scholarship on transnational human rights
obligations into a comprehensive and wide-ranging volume. Each
chapter combines a thorough analysis of a particular issue area and
provides a forward-looking perspective of how extraterritorial
human rights obligations (ETOs) might come to be more fully
recognized, outlining shortcomings but also best state practices.
It builds insights gained from state practice to identify gaps in
the literature and points to future avenues of inquiry. The
Handbook is organized into seven thematic parts: conceptualization
and theoretical foundations; enforcement; migration and refugee
protection; financial assistance and sanctions; finance, investment
and trade; peace and security; and environment. Chapters summarize
the cutting edge of current knowledge on key topics as leading
experts critically reflect on ETOs, and, where appropriate, engage
with the Maastricht Principles to critically evaluate their value
10 years after their adoption. The Routledge Handbook on
Extraterritorial Human Rights Obligations is an authoritative and
essential reference text for scholars and students of human rights
and human rights law, and more broadly, of international law and
international relations as well as to those working in
international economic law, development studies, peace and conflict
studies, environmental law and migration. The Open Access version
of this book, available at www.taylorfrancis.com, has been made
available under a Creative Commons Attribution-Non Commercial-No
Derivatives 4.0 license
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.
Human rights have traditionally been framed in a vertical
perspective with the duties of States confined to their own
citizens or residents. Obligations beyond this territorial space
have been viewed as either being absent or minimalistic at best.
However, the territorial paradigm has now been seriously challenged
in recent years in part because of the increasing awareness of the
ability of States and other actors to impact human rights far from
home both positively and negatively. In response to this awareness
various legal principles have come into existence setting out some
transnational human rights obligations of varying degrees. However,
notwithstanding these initiatives, judicial institutions and
monitoring bodies continue to show an enormous hesitancy in moving
beyond a territorial reading of international human rights law.
This book addresses the issue in an innovative and challenging way
by crafting legally sound hypothetical "judgments" from a number of
adjudicatory fora. The judgments are based on real world situations
where extraterritorial or transnational issues have emerged, and
draw on existing international human rights law, albeit a
progressive interpretation of this law. The book shows that there
are a number of judicial and quasi-judicial systems where
transnational human rights claims can, and should be enforced.
These include: the World Trade Organization; the International
Court of Justice; the regional human rights monitoring bodies;
domestic courts; and the UN treaty bodies. Each hypothetical
judgment is accompanied by detailed commentary placing it in
context in order to show how international human rights law can
address issues of a transnational character. The book will be of
interest to human scholars and lawyers, practitioners, activists
and aid officials.
In recent years human rights have assumed a central position in the
discourse surrounding international development, while human rights
agencies have begun to more systematically address economic and
social rights. This edited volume brings together distinguished
scholars to explore the merging of human rights and development
agendas at local, national and international levels. They examine
how this merging affects organisational change, operational change
and the role of relevant actors in bringing about change. With a
focus on practice and policy rather than pure theory, the volume
also addresses broader questions such as what human rights and
development can learn from one another, and whether the connections
between the two fields are increasing or declining. The book is
structured in three sections: Part I looks at approaches that
combine human rights and development, including chapters on drivers
of change; indicators; donor; and legal empowerment of the poor.
Part II focuses on organisational contexts and includes chapters on
the UN at the country level; EU development cooperation; PLAN's
children's rights-based approach; and ActionAid's human
rights-based approach. Part III examines country contexts,
including chapters on the ILO in various settings; the Congo;
Ethiopia; and South Africa. Human Rights and Development in the new
Millennium: Towards a Theory of Change will be of strong interest
to students and scholars of human rights, development studies,
political science and economics.
In recent years human rights have assumed a central position in the
discourse surrounding international development, while human rights
agencies have begun to more systematically address economic and
social rights. This edited volume brings together distinguished
scholars to explore the merging of human rights and development
agendas at local, national and international levels. They examine
how this merging affects organisational change, operational change
and the role of relevant actors in bringing about change. With a
focus on practice and policy rather than pure theory, the volume
also addresses broader questions such as what human rights and
development can learn from one another, and whether the connections
between the two fields are increasing or declining. The book is
structured in three sections: Part I looks at approaches that
combine human rights and development, including chapters on drivers
of change; indicators; donor; and legal empowerment of the poor.
Part II focuses on organisational contexts and includes chapters on
the UN at the country level; EU development cooperation; PLAN's
children's rights-based approach; and ActionAid's human
rights-based approach. Part III examines country contexts,
including chapters on the ILO in various settings; the Congo;
Ethiopia; and South Africa. Human Rights and Development in the new
Millennium: Towards a Theory of Change will be of strong interest
to students and scholars of human rights, development studies,
political science and economics.
This comprehensive Commentary presents a contemporary legal
perspective on the inherently interdisciplinary field of children's
rights. Chapters analyse each article of the Convention on the
Rights of the Child, along with its Optional Protocols, providing
contextualised information on the interpretation and implementation
of the children's rights provisions therein. A detailed
introduction examines the history of the Convention and places it
within the wider landscape of human rights and other disciplinary
approaches such as the sociology of childhood. The Commentary
critically engages with the text of the Convention, exploring
commonly used concepts and defining pertinent terminology. The
authors draw on multiple perspectives and refer to disciplines
outside of law to enrich the analysis of the articles, their
interpretation and the study of children's rights as a discipline.
Featuring examples of case law from regional human rights systems
this Commentary provides a well-rounded insight into the status of
children's rights on a global scale. Written in an accessible
style, this Commentary will be a valuable reference work for
students, researchers, practitioners and policymakers alike. The
Commentary will be of great interest to those working within
children's rights law and human rights law. Researchers in
politics, sociology and international studies who are seeking
further information and insight on the rights of children will also
find this Commentary to be a useful point of reference.
Human rights have traditionally been framed in a vertical
perspective with the duties of States confined to their own
citizens or residents. Interpretations of international human
rights treaties tend either to ignore or downplay obligations
beyond this 'territorial space'. This edited volume challenges the
territorial bias of mainstream human rights law. It argues that
with increased globalisation and the impact of international
corporations, organisations and non-State actors, human rights law
will become less relevant if it fails to adapt to changing
realities in which States are no longer the only leading actor.
Bringing together leading scholars in the field, the book explores
potential applications of international human rights law in a
multi-duty bearer setting. The first part of the book examines the
current state of the human rights obligations of foreign States,
corporations and international financial institutions, looking in
particular at the ways in which they address questions of
attribution and distribution of obligations and responsibility. The
second part is geared towards the identification of common
principles that may underpin a human rights legal regime that
incorporates obligations of foreign States as well as of non-State
actors. As a marker of important progress in understanding what
lies ahead for integrating foreign States and non-State actors in
the human rights dutybearer regime, this book will be of great
interest to scholars and practitioners of international human
rights law, public international law and international relations.
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.
Human rights have traditionally been framed in a vertical
perspective with the duties of States confined to their own
citizens or residents. Obligations beyond this territorial space
have been viewed as either being absent or minimalistic at best.
However, the territorial paradigm has now been seriously challenged
in recent years in part because of the increasing awareness of the
ability of States and other actors to impact human rights far from
home both positively and negatively. In response to this awareness
various legal principles have come into existence setting out some
transnational human rights obligations of varying degrees. However,
notwithstanding these initiatives, judicial institutions and
monitoring bodies continue to show an enormous hesitancy in moving
beyond a territorial reading of international human rights law.
This book addresses the issue in an innovative and challenging way
by crafting legally sound hypothetical "judgments" from a number of
adjudicatory fora. The judgments are based on real world situations
where extraterritorial or transnational issues have emerged, and
draw on existing international human rights law, albeit a
progressive interpretation of this law. The book shows that there
are a number of judicial and quasi-judicial systems where
transnational human rights claims can, and should be enforced.
These include: the World Trade Organization; the International
Court of Justice; the regional human rights monitoring bodies;
domestic courts; and the UN treaty bodies. Each hypothetical
judgment is accompanied by detailed commentary placing it in
context in order to show how international human rights law can
address issues of a transnational character. The book will be of
interest to human scholars and lawyers, practitioners, activists
and aid officials.
Human rights have traditionally been framed in a vertical
perspective with the duties of States confined to their own
citizens or residents. Interpretations of international human
rights treaties tend either to ignore or downplay obligations
beyond this 'territorial space'. This edited volume challenges the
territorial bias of mainstream human rights law. It argues that
with increased globalisation and the impact of international
corporations, organisations and non-State actors, human rights law
will become less relevant if it fails to adapt to changing
realities in which States are no longer the only leading actor.
Bringing together leading scholars in the field, the book explores
potential applications of international human rights law in a
multi-duty bearer setting. The first part of the book examines the
current state of the human rights obligations of foreign States,
corporations and international financial institutions, looking in
particular at the ways in which they address questions of
attribution and distribution of obligations and responsibility. The
second part is geared towards the identification of common
principles that may underpin a human rights legal regime that
incorporates obligations of foreign States as well as of non-State
actors. As a marker of important progress in understanding what
lies ahead for integrating foreign States and non-State actors in
the human rights dutybearer regime, this book will be of great
interest to scholars and practitioners of international human
rights law, public international law and international relations.
The rise of globalization and the persistence of global poverty are
straining the territorial paradigm of human rights. This book asks
if states possess extraterritorial obligations under existing
international human rights law to respect and ensure economic,
social, and cultural rights and how far those duties extend. Taking
a departure point in theory and practice, the book is the first of
its kind to analyze the principal cross-cutting legal issues at
stake: the legal status of obligations, jurisdiction, causation,
division of responsibility, and remedies and accountability. The
book focuses specifically on the role of states but also addresses
their duties to regulate powerful nonstate actors. The authors
demonstrate that many key issues have been resolved or clarified in
international law while others remain controversial or await the
development of further practice, particularly the scope of
jurisdiction and the quantitative dimension of extraterritorial
obligations to fulfill.
The rise of globalization and the persistence of global poverty are
straining the territorial paradigm of human rights. This book asks
if states possess extraterritorial obligations under existing
international human rights law to respect and ensure economic,
social and cultural rights and how far those duties extend. Taking
a departure point in theory and practice, the book is the first of
its kind to analyze the principal cross-cutting legal issues at
stake: the legal status of obligations, jurisdiction, causation,
division of responsibility, and remedies and accountability. The
book focuses specifically on the role of states but also addresses
their duties to regulate powerful nonstate actors. The authors
demonstrate that many key issues have been resolved or clarified in
international law while others remain controversial or await the
development of further practice, particularly the scope of
jurisdiction and the quantitative dimension of extraterritorial
obligations to fulfil.
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