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Human Rights Education and the Politics of Knowledge (Routledge Research in Human Rights Law)

Around the world there are a myriad of NGOs using human rights education (HRE) as a tool of community empowerment with the firm belief that it will help people improve their lives. One way of understanding these processes is that they translate universal human rights speak using messages and symbols which make them relevant to people’s daily lives and culturally resonant. However, an alternative more radical perspective is that these processes should engage individuals in modes of critical inquiry into the ways that that existing power structures maintain the status quo and control not only how we understand and speak about social inequality and injustice, but also act on it. This book is a critical inquiry into the production, distribution and consumption of HRE and how the discourse is constructed historically, socially and politically through global institutions and local NGO practice. The book begins with the premise that HRE is composed of theories of human rights and education, both of which are complex and multifaceted. However, the book demonstrates how over time a dominant discourse of HRE, constructed by the United Nations institutional framework, has come to prominence and the ways it is reproduced and reinforced through the practice of intermediary NGOs engaged in HRE activities with community groups. Drawing on socio-legal scholarship it offers a new theoretical and political framework for addressing how human rights, pedagogy, knowledge and power can be analysed between the global and local by connecting the critical, but well-trodden, theories of human rights to insights on critical pedagogy. It uses critical discourse analysis and ethnographic research to investigate the practice of NGOs engaged in HRE using contextual evidence and findings from fieldwork with NGOs and communities in Tanzania.

Human Rights Education and the Politics of Knowledge (Routledge Research in Human Rights Law)

Around the world there are a myriad of NGOs using human rights education (HRE) as a tool of community empowerment with the firm belief that it will help people improve their lives. One way of understanding these processes is that they translate universal human rights speak using messages and symbols which make them relevant to people’s daily lives and culturally resonant. However, an alternative more radical perspective is that these processes should engage individuals in modes of critical inquiry into the ways that that existing power structures maintain the status quo and control not only how we understand and speak about social inequality and injustice, but also act on it. This book is a critical inquiry into the production, distribution and consumption of HRE and how the discourse is constructed historically, socially and politically through global institutions and local NGO practice. The book begins with the premise that HRE is composed of theories of human rights and education, both of which are complex and multifaceted. However, the book demonstrates how over time a dominant discourse of HRE, constructed by the United Nations institutional framework, has come to prominence and the ways it is reproduced and reinforced through the practice of intermediary NGOs engaged in HRE activities with community groups. Drawing on socio-legal scholarship it offers a new theoretical and political framework for addressing how human rights, pedagogy, knowledge and power can be analysed between the global and local by connecting the critical, but well-trodden, theories of human rights to insights on critical pedagogy. It uses critical discourse analysis and ethnographic research to investigate the practice of NGOs engaged in HRE using contextual evidence and findings from fieldwork with NGOs and communities in Tanzania.

Human Rights Education Beyond Universalism and Relativism: A Relational Hermeneutic for Global Justice

Through the preservation of the social, political, and cultural autonomies of peoples within diverse cultural contexts, Al-Daraweesh and Snauwaert propose a relational epistemology for human rights education.

Human Rights Encounter Legal Pluralism: Normative and Empirical Approaches (Oñati International Series in Law and Society)

This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

Human Rights Encounter Legal Pluralism: Normative and Empirical Approaches (Oñati International Series in Law and Society)

This collection of essays interrogates how human rights law and practice acquire meaning in relation to legal pluralism, ie, the co-existence of more than one regulatory order in a same social field. As a social phenomenon, legal pluralism exists in all societies. As a legal construction, it is characteristic of particular regions, such as post-colonial contexts. Drawing on experiences from Latin America, Sub-Saharan Africa and Europe, the contributions in this volume analyse how different configurations of legal pluralism interplay with the legal and the social life of human rights. At the same time, they enquire into how human rights law and practice influence interactions that are subject to regulation by more than one normative regime. Aware of numerous misunderstandings and of the mutual suspicion that tends to exist between human rights scholars and anthropologists, the volume includes contributions from experts in both disciplines and intends to build bridges between normative and empirical theory.

Human Rights, Equality and Democratic Renewal in Northern Ireland

Recent developments in Northern Ireland have correctly been described as historic. While the future of constitutional change is by no means certain,events merit close scrutiny. The Good Friday Agreement 1998 marked a significant departure from incrementalism and thus with the dominant logic of British constitutionalism. The Agreement is in essence a constitutional promise anchored in clear normative principles. Although several aspects of the Agreement are in operation there is no guarantee that this new form of constitutionalism will work. However, the foundations of the settlement are clear. The building blocks reflect a strong commitment to human rights, equality and democratic renewal which encompasses a multiplicity of overlapping relationships. This book examines several key aspects of this complex picture. Developments in Northern Ireland have attracted a large measure of international interest. Reflecting this the contributors demonstrate the links to current controversies in constitutional and human rights law scholarship. At a time when there is much consideration of constitutional change in the UK and beyond, the intention is to offer a collection that both describes the changing legal and political landscape in Northern Ireland and one which provides a significant contribution to current debates on constitutionalism.

Human Rights, Export Credits and Development Cooperation: Accountability for Bilateral Agencies (Elgar Studies In Human Rights Ser.)

This unique book examines whether there is sufficient human rights accountability for undertakings supported by bilateral state development and export credit agencies. In contrast to leading international development and financial actors such as the World Bank, the accountability of bilateral development and export credit agencies has, to date, remained widely unexplored. This book analyses the effectiveness of the human rights system in allowing affected individuals to claim accountability for human rights violations resulting from bilateral development and export credit agency supported undertakings. It provides a comprehensive examination of development and export credit agencies’ legal nature and explores three legal pathways open to claimants: host state responsibility, home state responsibility and corporate responsibility. Furthermore, it includes empirical data on the corporate responsibility process in seven agencies. Barbara Linder concludes that there is a significant human rights accountability gap with regards to bilateral development and export credit agency supported undertakings. The final chapters make recommendations for strengthening human rights accountability and improving access to justice for adversely affected individuals. Academics and professional lawyers working at the intersection of human rights, development cooperation and investment will find this a compelling body of work. The book provides information on existing case law, highlights human rights accountability gaps and outlines illustrative case studies that will act as a valuable point of reference.

Human Rights for Refugees and Other Marginalised Persons: A Midrash Methodology

This book provides a new framework for conducting qualitative research into Asylum Seeking Refugees based on Emmanuel Levinas’ ethic of the face-to-face encounter. The methodology originates in the term Midrash—a narrative form that exposes; investigates; searches. It reconceptualises encounters between Asylum Seeking Refugees and those researching their experiences in a manner that moves beyond the possibility of ‘Othering’ and the removal of ‘voice’ that can characterise research into refugees. This methodology allows a complex and rich multidimensional text, with heterogeneity of voices, experiences, and subjects. As a phenomenological method of research, the internal phenomena of the researcher—feeling, intuition, and personal perception—are legitimate sites of knowledge and understanding, and are not considered separate from the external, objectively observable world. While the researcher is not researching herself, she is also not separate from the research field and data. The Midrash methodology is an honest and explicit method of research designed to (re)invigorated the passion of academics and researchers.

A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines

This book examines the relationship between intellectual property in pharmaceuticals and access to medicines from a human rights perspective, with a view to contributing to the development of a human rights framework that can guide States in enacting and implementing intellectual property law and policy. The study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. What could be a normative framework that human rights might provide for patents and innovation? Joo-Young Lee argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law, and analyse particular human rights bearing upon the issue of intellectual property and access to medicines. This study will be of great interest to academic specialists, practitioners or professionals in the fields of human rights, trade, and intellectual property, as well as policy makers, activists, and health professionals across the world working in intellectual property and human rights.

A Human Rights Framework for Intellectual Property, Innovation and Access to Medicines

This book examines the relationship between intellectual property in pharmaceuticals and access to medicines from a human rights perspective, with a view to contributing to the development of a human rights framework that can guide States in enacting and implementing intellectual property law and policy. The study primarily explores whether conflicts between patents and human rights in the context of access to medicines are inevitable, or whether patents can be made to serve human rights. What could be a normative framework that human rights might provide for patents and innovation? Joo-Young Lee argues that it is necessary to have a deepened understanding of each of the two sets of norms that govern this issue, that is, patent law and international human rights law. The chapters investigate the relevant dimensions of patent law, and analyse particular human rights bearing upon the issue of intellectual property and access to medicines. This study will be of great interest to academic specialists, practitioners or professionals in the fields of human rights, trade, and intellectual property, as well as policy makers, activists, and health professionals across the world working in intellectual property and human rights.

The Human Rights Handbook: A guide to British and American international human rights organisations

The Human Rights Impact of the World Trade Organisation (Studies in International Trade and Investment Law)

This book examines the impact of international trade rules on the promotion and protection of human rights, and explains why human rights are an important mechanism for assessing the social justice impact of the international trading system. The core of the book is an in depth analysis of the various ways in which international trade law rules impact upon human rights protection and promotion, emphasising the significance of the jurisdictional context in which the human rights issues arise: coercive measures that are taken by one country to protect and promote human rights in another country are distinguished from measures taken by a country to protect and promote the human rights of its own population. The author contends that international trade law rules have utilised certain ad hoc mechanisms to deal with particularly pressing human rights concerns in the trade context, but also argues that these mechanisms do not provide systemic solutions to the inter-linkages between the two legal systems. The author therefore examines mechanisms by which human rights arguments could be more systematically raised and adjudicated upon in WTO dispute settlement proceedings, highlighting future opportunities and difficulties. He concludes by considering broader systemic issues outside the dispute settlement process that need to be addressed if trade law rules are to successfully protect and promote human rights.

Human Rights in a Posthuman World: Critical Essays

This major work, a sequel to the acclaimed The Future of Human Rights, brings together reflections on human rights theory in the contemporary human condition delineated by the discourses concerning 'development', 'terror', and the emergent 'posthuman'. While acknowledging the precarious place of human rights today, the author points to the emancipatory potential of the 'posthuman', contending that human rights norms and standards remain constitutive conditions of the emergence of the posthuman. This thought-provoking volume will interest scholars and students of human rights, political philosophy, development economics, and international law, as well as activists and policymakers in the fields of law and development.

Human Rights in Africa: Contemporary Debates and Struggles (Contemporary African Political Economy)

This edited collection explores key human rights themes and situates them in the context of developments on the African continent. It examines critical debates in human rights bringing together conceptually and empirically rich contributions from leading thinkers in human rights and African studies. Drawing on scholarly insights from the fields of constitutional law, human rights, development, feminist studies, public health, and media studies, the volume contributes to scholarly debates on constitutionalism, the right to water, securitization of development, environmental and transitional justice, sexual rights, conflict and gender-based violence, the right to development, and China’s deepening role in Africa. Consequently, it makes an important scholarly intervention on timely issues pertaining to the African continent and beyond.

Human Rights in Asia: A Reassessment of the Asian Values Debate

This book offers a critical reassessment of the 'Asian values' debate, which dominated the human rights discourse in the late 1990s, and a reappraisal of the human rights situation in Asia since then. The chapters in this book contextualize the debate and examine in what ways the issues raised then continue to trouble Asian societies.

Human Rights in Business: Removal of Barriers to Access to Justice in the European Union

The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

Human Rights in Business: Removal of Barriers to Access to Justice in the European Union

The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

Human Rights in Child Protection: Implications for Professional Practice and Policy

This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states.

Human Rights in Child Protection: Implications for Professional Practice and Policy

This open access book critically explores what child protection policy and professional practice would mean if practice was grounded in human rights standards. This book inspires a new direction in child protection research – one that critically assesses child protection policy and professional practice with regard to human rights in general, and the rights of the child in particular. Each chapter author seeks to approach the rights of the child from their own academic field of interest and through a comparative lens, making the research relevant across nation-state practices. The book is split into five parts to focus on the most important aspects of child protection. The first part explains the origins, aim, and scope of the book; the second part explores aspects of professionalism and organization through law and policy; and the third part discusses several key issues in child protection and professional practice in depth. The fourth part discusses selected areas of importance to child protection practices (low-impact in-house measures, public care in residential care and foster care respectively) and the fifth part provides an analytical summary of the book. Overall, it contributes to the present need for a more comprehensive academic debate regarding the rights of the child, and the supranational perspective this brings to child protection policy and practice across and within nation-states.

Human Rights in Children's Literature: Imagination and the Narrative of Law

How can children grow to realize their inherent rights and respect the rights of others? In this book, authors Jonathan Todres and Sarah Higinbotham explore this question through both human rights law and children's literature. Both international and domestic law affirm that children have rights, but how are these norms disseminated so that they make a difference in children's lives? Human rights education research demonstrates that when children learn about human rights, they exhibit greater self-esteem and respect the rights of others. The Convention on the Rights of the Child -- the most widely-ratified human rights treaty -- not only ensures that children have rights, it also requires that states make those rights "widely known, by appropriate and active means, to adults and children alike." This first-of-its-kind requirement for a human rights treaty indicates that if rights are to be meaningful to the lives of children, then government and civil society must engage with those rights in ways that are relevant to children. Human Rights in Children's Literature investigates children's rights under international law -- identity and family rights, the right to be heard, the right to be free from discrimination, and other civil, political, economic, social and cultural rights -- and considers the way in which those rights are embedded in children's literature from Peter Rabbit to Horton Hears a Who! to Harry Potter. This book traverses children's rights law, literary theory, and human rights education to argue that in order for children to fully realize their human rights, they first have to imagine and understand them.

Human Rights in Children's Literature: Imagination and the Narrative of Law

How can children grow to realize their inherent rights and respect the rights of others? In this book, authors Jonathan Todres and Sarah Higinbotham explore this question through both human rights law and children's literature. Both international and domestic law affirm that children have rights, but how are these norms disseminated so that they make a difference in children's lives? Human rights education research demonstrates that when children learn about human rights, they exhibit greater self-esteem and respect the rights of others. The Convention on the Rights of the Child -- the most widely-ratified human rights treaty -- not only ensures that children have rights, it also requires that states make those rights "widely known, by appropriate and active means, to adults and children alike." This first-of-its-kind requirement for a human rights treaty indicates that if rights are to be meaningful to the lives of children, then government and civil society must engage with those rights in ways that are relevant to children. Human Rights in Children's Literature investigates children's rights under international law -- identity and family rights, the right to be heard, the right to be free from discrimination, and other civil, political, economic, social and cultural rights -- and considers the way in which those rights are embedded in children's literature from Peter Rabbit to Horton Hears a Who! to Harry Potter. This book traverses children's rights law, literary theory, and human rights education to argue that in order for children to fully realize their human rights, they first have to imagine and understand them.

Human Rights in Contemporary European Law (Swedish Studies in European Law)

This is volume 6 in the series Swedish Studies in European Law. Arising from the work of two well-attended seminars, this new volume concentrates on highly topical issues in European Law – current problems in the enforcement of human rights in Europe and the accession of the EU to the European Convention on Human Rights. Among the topics dealt with – apart from 'the accession issue' – are questions related to the enforcement of the Charter of Fundamental Rights, human rights as general principles of law, specific issues like the 'Double Jeopardy Clause' in relation to Swedish tax law, horizontal effect or so-called 'Drittwirkung' of human rights and the increased role of judicial and constitutional review in Swedish courts. The book should be of value to any reader with an interest in such matters.

Human Rights in Contemporary European Law (Swedish Studies in European Law #6)

This is volume 6 in the series Swedish Studies in European Law. Arising from the work of two well-attended seminars, this new volume concentrates on highly topical issues in European Law – current problems in the enforcement of human rights in Europe and the accession of the EU to the European Convention on Human Rights. Among the topics dealt with – apart from 'the accession issue' – are questions related to the enforcement of the Charter of Fundamental Rights, human rights as general principles of law, specific issues like the 'Double Jeopardy Clause' in relation to Swedish tax law, horizontal effect or so-called 'Drittwirkung' of human rights and the increased role of judicial and constitutional review in Swedish courts. The book should be of value to any reader with an interest in such matters.

Human Rights in Criminal Law (Criminal Practice Series)

The law of human rights permeates every area of law. This title focuses on the impact of human rights law at every stage of the criminal process. It addresses the principal human rights issues that apply during an investigation and prior to a suspect knowing that they are a suspect, powers of arrest and search, and treatment at the police station. It considers every stage of the criminal process, including appeal before the domestic courts and the European Court of Human Rights. Part 1 covers the fundamental principles of the European Convention on Human Rights and the Human Rights Act 1998 and their application in domestic law, particularly in relation to criminal appeals, as well as taking a case to the European Court of Human Rights. Parts 2 to 4 address the three broad phases of a criminal case – investigation, pre-trial and trial – providing an analysis of human rights law as it applies in each phase. This book offers a comprehensive analysis of the often complex interactions between criminal law and human rights; with a wide range of experienced contributors drawn from the legal profession and academia, under the general editorship of Ben Douglas-Jones KC, Daniel Bunting, Paul Mason and Benjamin Newton.

Human Rights in Crisis

This volume expands our understanding of the pursuit of human rights during the era of the War on Terror. The threat to human rights both in the United States and among detainees in US-governed detention facilities created a widely perceived crisis in human rights. This text explores the broad and complicated ramifications of crisis by looking comparatively at societies in the present era and looking back at the historical and legal foundations of human rights. Human Rights in Crisis contains an element of hope derived from a conviction that the pursuit of human rights happens on many fronts and in many ways around the globe; that a retreat from human rights in the United States does not necessarily signal a global retreat. The essays here include perspectives from History, Anthropology, and Legal Studies, with a resulting interdisciplinary portrait of the complexities of pursuing human rights in wartime.