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Human Rights in Crisis
by Alice BullardThis 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.
Human Rights in Eastern Civilisations: Some Reflections of a Former UN Special Rapporteur
by Surya P. SubediBased on the author's first-hand experience as a UN Special Rapporteur, this thought-provoking and original book examines the values of Eastern civilisations and their contribution to the development of the UN Human Rights agenda. Offering an authoritative analysis of Hindu and Buddhist traditions, Surya P. Subedi, QC, focuses on the norms underpinning these two seminal Eastern philosophies to assess the extent to which the ancient civilisations already have human rights values embedded in them. Chapters explore the expression of values in the scriptures and practices of these philosophies, assessing their influence on the contemporary understanding of human rights. Rejecting the argument based on “Asian Values” that is often used to undermine the universality of human rights, the book argues that secularism, personal liberty and universalism are at the heart of both Hindu and Buddhist traditions. The unique perspective offered by Human Rights in Eastern Civilisations will appeal to students, academics and researchers in a wide range of disciplines, including human rights, international law and relations, and religious studies.
Human rights in Europe: A study of the European Convention on Human Rights (Melland Schill Studies in International Law)
by J. G. Merrills A. H. RobertsonNow available as an ebook for the first time, the fourth edition of this book provides a comprehensive introduction to the most advanced international human rights system in the world – the European Convention on Human Rights. Full account is taken of developments to the Convention case law and the supervisory arrangements in the form of Protocol No. 11, together with relevant developments outside Strasbourg, including the human rights aspects of the EU and the Organisation for Cooperation and Security in Europe (OSCE). Reviews the new European Court of Human Rights, set up in 1998, and contrasts it with the original arrangements for supervising the Convention. Examines the relations between the Convention and other human rights arrangements, such as the OSCE and the European Social Charter. A valuable title in the Melland Schill Studies in International Law series.
Human rights in Europe: A study of the European Convention on Human Rights (Melland Schill Studies in International Law)
by J. G. Merrills A. H. RobertsonNow available as an ebook for the first time, the fourth edition of this book provides a comprehensive introduction to the most advanced international human rights system in the world – the European Convention on Human Rights. Full account is taken of developments to the Convention case law and the supervisory arrangements in the form of Protocol No. 11, together with relevant developments outside Strasbourg, including the human rights aspects of the EU and the Organisation for Cooperation and Security in Europe (OSCE). Reviews the new European Court of Human Rights, set up in 1998, and contrasts it with the original arrangements for supervising the Convention. Examines the relations between the Convention and other human rights arrangements, such as the OSCE and the European Social Charter. A valuable title in the Melland Schill Studies in International Law series.
Human Rights in European Criminal Law: New Developments in European Legislation and Case Law after the Lisbon Treaty
by Stefano RuggeriThis book deals with human rights in European criminal law after the Lisbon Treaty. Doubtless the Lisbon Treaty has constituted a milestone in the development of European criminal justice. Not only has the reform following the Treaty given binding force to the EU Charter of Fundamental Rights, but furthermore it has paved the way for unprecedented forms of supranational legislation. In this scenario, the enforcement of individual rights in criminal matters has become a core goal of EU legislation. Alongside these developments, new interactions between national and supranational jurisprudences have emerged, which have significantly contributed to a human rights-oriented approach to European criminal law. The book analyses the main developments of this complex phenomenon from an interdisciplinary perspective. Criminal and procedural law, constitutional law and comparative law must thus be combined to achieve a full understanding of these developments and of their impact on national law.
Human Rights in Global Health: Rights-Based Governance for a Globalizing World
Institutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framework for global health governance, the mandate of the World Health Organization to pursue a human rights-based approach to health, the role of inter-governmental organizations across a range of health-related human rights, the influence of rights-based economic governance on public health, and the focus on global health among institutions of human rights governance. Contributing chapters each map the distinct human rights efforts within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional dynamics to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.
HUMAN RIGHTS IN GLOBAL HEALTH C: Rights-Based Governance for a Globalizing World
by Lawrence O. Gostin Benjamin Mason MeierInstitutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framework for global health governance, the mandate of the World Health Organization to pursue a human rights-based approach to health, the role of inter-governmental organizations across a range of health-related human rights, the influence of rights-based economic governance on public health, and the focus on global health among institutions of human rights governance. Contributing chapters each map the distinct human rights efforts within a specific institution of global governance for health. Through the comparative institutional analysis in this volume, the contributing authors examine institutional dynamics to operationalize human rights in organizational policies, programs, and practices and assess institutional factors that facilitate or inhibit human rights mainstreaming for global health advancement.
Human Rights in Health (Novartis Foundation Symposia #23)
by Katherine Elliott Julie KnightThe Novartis Foundation Series is a popular collection of the proceedings from Novartis Foundation Symposia, in which groups of leading scientists from a range of topics across biology, chemistry and medicine assembled to present papers and discuss results. The Novartis Foundation, originally known as the Ciba Foundation, is well known to scientists and clinicians around the world.
Human Rights in India (Routledge Research in Human Rights Law)
by Satvinder JussThis volume presents an integrated collection of essays around the theme of India’s failure to grapple with the big questions of human rights protections affecting marginalized minority groups in the country’s recent rush to modernization. The book traverses a broad range of rights violations from: gender equality to sexual orientation, from judicial review of national security law to national security concerns, from water rights to forest rights of those in need, and from the persecution of Muslims in Gulberg to India’s parallel legal system of Lok Adalats to resolve disputes. It calls into question India’s claim to be a contemporary liberal democracy. The thesis is given added strength by the authors’ diverse perspectives which ultimately create a synergy that stimulates the thinking of the entire field of human rights, but in the context of a non-western country, thereby prompting many specialists in human rights to think in new ways about their research and the direction of the field, both in India and beyond. In an area that has been under-researched, the work will provide valuable guidance for new research ideas, experimental designs and analyses in key cutting-edge issues covered in this work, such as acid attacks or the right to protest against the ‘nuclear’ state in India.
Human Rights in India (Routledge Research in Human Rights Law)
by Satvinder JussThis volume presents an integrated collection of essays around the theme of India’s failure to grapple with the big questions of human rights protections affecting marginalized minority groups in the country’s recent rush to modernization. The book traverses a broad range of rights violations from: gender equality to sexual orientation, from judicial review of national security law to national security concerns, from water rights to forest rights of those in need, and from the persecution of Muslims in Gulberg to India’s parallel legal system of Lok Adalats to resolve disputes. It calls into question India’s claim to be a contemporary liberal democracy. The thesis is given added strength by the authors’ diverse perspectives which ultimately create a synergy that stimulates the thinking of the entire field of human rights, but in the context of a non-western country, thereby prompting many specialists in human rights to think in new ways about their research and the direction of the field, both in India and beyond. In an area that has been under-researched, the work will provide valuable guidance for new research ideas, experimental designs and analyses in key cutting-edge issues covered in this work, such as acid attacks or the right to protest against the ‘nuclear’ state in India.
Human Rights in Islamic Societies: Muslims and the Western Conception of Rights (Routledge Studies in Islam and Human Rights)
by Ahmed E. SouaiaiaThis book compares Islamic and Western ideas of human rights in order to ascertain which human rights, if any, can be considered universal. This is a profound topic with a rich history that is highly relevant within global politics and society today. The arguments in this book are formed by bringing William Talbott’s Which Rights Should Be Universal? (2005) and Abdulaziz Sachedina’s Islam and the Challenge of Human Rights (2014) into conversation. By bridging the gap between cultural relativists and moral universalists, this book seeks to offer a new model for the understanding of human rights. It contends that human rights abuses are outcomes of complex systems by design and/or by default. Therefore, it proposes that a rigorous systems-thinking approach will contribute to addressing the challenge of human rights. Engaging with Islamic and Western, historical and contemporary, and relativist and universalist thought, this book is a fresh take on a perennially important issue. As such, it will be a first-rate resource for any scholars working in religious studies, Islamic studies, Middle East studies, ethics, sociology, and law and religion.
Human Rights in Islamic Societies: Muslims and the Western Conception of Rights (Routledge Studies in Islam and Human Rights)
by Ahmed E. SouaiaiaThis book compares Islamic and Western ideas of human rights in order to ascertain which human rights, if any, can be considered universal. This is a profound topic with a rich history that is highly relevant within global politics and society today. The arguments in this book are formed by bringing William Talbott’s Which Rights Should Be Universal? (2005) and Abdulaziz Sachedina’s Islam and the Challenge of Human Rights (2014) into conversation. By bridging the gap between cultural relativists and moral universalists, this book seeks to offer a new model for the understanding of human rights. It contends that human rights abuses are outcomes of complex systems by design and/or by default. Therefore, it proposes that a rigorous systems-thinking approach will contribute to addressing the challenge of human rights. Engaging with Islamic and Western, historical and contemporary, and relativist and universalist thought, this book is a fresh take on a perennially important issue. As such, it will be a first-rate resource for any scholars working in religious studies, Islamic studies, Middle East studies, ethics, sociology, and law and religion.
Human Rights in Nigeria's External Relations in the Age of General Muhammadu Buhari and His Successors: Loving the Foreigner as Yourself
by Philip C. AkaUnder the Fourth Republic since 1999, the challenge Nigerian leaders face like never before is how to create a state that matches the expectations of their diverse peoples at home and abroad. Taking this proposition as starting point, this book advances proposals for a human-right policy, referred to alternately in the work as principled foreign policy, for Nigeria under the Fourth Republic, taking advantage of the inestimable opportunity afforded by General Muhammadu Buhari’s departure from the political scene on May 29, 2023, after the famine, domestically and externally, wrought by his two terms of office as President. It is a broad-ranging argument, draped in the less arcane constitutional vocabulary and material of human rights, for thoroughgoing reforms at home and abroad as the only antidote to the nation-building dilemmas Nigeria confronts in the first quarter of the twenty-first century. Buhari’s departure marks the end of military teleguidance of Nigerian politics under the Fourth Republic in the camouflage of democratic rule, a birthmark of remote control dating back to the first military intervention in the country in January 1966. These momentous events within Nigeria coincide with equally epoch-making developments in the UK, Nigeria’s former colonial overlord, with ripple effects in Nigeria, signified by the death of Queen Elizabeth II, after seven decades on the throne, and the emergence of Prince Charles as King of England. A new monarch in Britain adds to the opportunity that falls open for the reconfiguration of Nigeria’s external relations with ramifications for the application of human rights in those relations. Despite its known disabilities, Nigeria has the potential infrastructure, including its sizable population, to conduct a human-right policy, if its leaders rationalize the country’s resources more wisely.
Human Rights in Northern Ireland: The Committee on the Administration of Justice Handbook
by Brice Dickson Brian GormallyThis Handbook is the latest version of a book that was last published in 2003, and has been completely revised to take account of the innumerable legal developments since then. The book contains 26 chapters on topics ranging across the full spectrum of civil, political, social, economic and environmental rights, with particular emphasis on the right not to be discriminated against. It is currently the most comprehensive and practical publication on the state of human rights in Northern Ireland. This is a part of the world where, as well as ongoing issues arising out of the conflict ('emergency laws' are still in place, for example), there are familiar questions concerning the rights of people with poor mental health, the law relating to family and sexual matters, children's rights, education rights, employment rights, housing rights, and social security rights. The contributors to the book are all experts in their field, most of them with years of experience as human rights activists and advisers. The book provides precise information about relevant legislation and case law (on which there are tables) and is fully indexed.
Human Rights in Northern Ireland: The Committee on the Administration of Justice Handbook
by Brice Dickson Brian GormallyThis Handbook is the latest version of a book that was last published in 2003, and has been completely revised to take account of the innumerable legal developments since then. The book contains 26 chapters on topics ranging across the full spectrum of civil, political, social, economic and environmental rights, with particular emphasis on the right not to be discriminated against. It is currently the most comprehensive and practical publication on the state of human rights in Northern Ireland. This is a part of the world where, as well as ongoing issues arising out of the conflict ('emergency laws' are still in place, for example), there are familiar questions concerning the rights of people with poor mental health, the law relating to family and sexual matters, children's rights, education rights, employment rights, housing rights, and social security rights. The contributors to the book are all experts in their field, most of them with years of experience as human rights activists and advisers. The book provides precise information about relevant legislation and case law (on which there are tables) and is fully indexed.
Human Rights in Prisons: Comparing Institutional Encounters in Kosovo, Sierra Leone and the Philippines (Palgrave Studies in Prisons and Penology)
by A. Jefferson L. GaboritDrawing on participatory action research conducted in Sierra Leone, Kosovo and the Philippines, Human Rights in Prisons analyses encounters between rights-based non-governmental organisations and prisons. It explores the previously under-researched perspectives of prison staff and prisoners on their lives and relationships.
Human Rights in Private Law
by Dan Friedmann Daphne Barak-ErezTraditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.
Human Rights in Private Law
by Daniel Friedmann Daphne Barak-ErezTraditionally,the theory of human rights limited its application to the public domain, namely the relationships between individuals and public authorities. The great expansion of human rights legislation and concepts in modern national and international law has given rise to a major issue relating to their potential impact on private relationships. This book examines this important topic, which may revolutionize private law. It presents new approaches which strive to broaden the application of human rights to the private field on the ground that power can be abused and human rights can be infringed even when all parties are private. The subject is examined from theoretical and comparative perspectives by leading scholars representing a diversity of legal systems - the United States, Canada, England, South Africa, Germany and Israel. Among the contributors are Professor Todd Rakoff (Harvard), Professor Roger Brownsword (Sheffield), Professor Hugh Beale (Warwick) and Professor Ewan McKendrick (Oxford), Professor Ernest Weinrib and Professor Lorraine Weinrib (Toronto), Professor Christian Starck (Gottingen), Professor Andreas Heldrich (Munich) and others.
Human Rights in Probation: Theory, Practice and Balance (Routledge Frontiers of Criminal Justice)
by Kyros HadjisergisExploring the application, theory, implications and socio-legal underpinnings of human rights in probation and associated offender management, this book examines the organisation and re-organization of the National Probation Service, from the introduction of the Human Rights Act (HRA) to the end of the Transforming Rehabilitation era.Outlining how the duties of probation officers are interpreted in light of the HRA, this book evaluates applicable case law as a means to exemplify and clarify the direct operation of human rights law in instances of potential human rights violations. Chapters also analyse the current and future infrastructure of probation to demonstrate challenges of awareness, implementation and compliance. Based on qualitative data analysed through a socio-legal lens and a human rights framework, themes explored include crime control and due process, and are reflective of the tensions and imbalances experienced between risk or public protection and human rights. The book also includes case studies of Serious Further Offences that have either shed light on the shortcomings in the area of human rights in probation or highlighted factors linked to human rights, including scapegoating, cumulative systemic failures, miscommunications and over-reliance on risk assessments. Finally, it provides clarity as to what the human rights duties of the Service are, what relevant laws apply alongside the HRA, and how these decisions affect risk and offender management.An important and timely study of probation in England and Wales, Human Rights in Probation will be of great interest to academics of probation, criminal justice, and human rights. It will also be of value to Probation officers (including trainees) and other practitioners working in offender management services.
Human Rights in Probation: Theory, Practice and Balance (Routledge Frontiers of Criminal Justice)
by Kyros HadjisergisExploring the application, theory, implications and socio-legal underpinnings of human rights in probation and associated offender management, this book examines the organisation and re-organization of the National Probation Service, from the introduction of the Human Rights Act (HRA) to the end of the Transforming Rehabilitation era.Outlining how the duties of probation officers are interpreted in light of the HRA, this book evaluates applicable case law as a means to exemplify and clarify the direct operation of human rights law in instances of potential human rights violations. Chapters also analyse the current and future infrastructure of probation to demonstrate challenges of awareness, implementation and compliance. Based on qualitative data analysed through a socio-legal lens and a human rights framework, themes explored include crime control and due process, and are reflective of the tensions and imbalances experienced between risk or public protection and human rights. The book also includes case studies of Serious Further Offences that have either shed light on the shortcomings in the area of human rights in probation or highlighted factors linked to human rights, including scapegoating, cumulative systemic failures, miscommunications and over-reliance on risk assessments. Finally, it provides clarity as to what the human rights duties of the Service are, what relevant laws apply alongside the HRA, and how these decisions affect risk and offender management.An important and timely study of probation in England and Wales, Human Rights in Probation will be of great interest to academics of probation, criminal justice, and human rights. It will also be of value to Probation officers (including trainees) and other practitioners working in offender management services.
Human Rights in the 21st Century: Continuity and Change since 9/11
by Michael Goodhart & Anja MihrThis is the first book to offer a systematic analysis of human rights in the 21st century. The chapters, written from diverse methodological perspectives, provide rich and varied insights on vital questions concerning the resiliency, weaknesses, and prospects of human rights today.
Human Rights in the Community: Rights as Agents for Change (Human Rights Law in Perspective)
by Colin HarveyThere has been a considerable focus in the last few years on the meaning of the Human Rights Act 1998 and its real and potential impact on judges and lawyers. Much has been written on the implications of the new legislation for a variety of areas of law. With the rising level of case-law the emphasis is now turning to the impact of the legislation on specific areas of social life. In this volume the focus is on the practice of human rights and how they are enforced in reality. There is much discussion in the literature of a human rights culture but how precisely is such a culture to be created,and how do we make sense of human rights? In order to address these questions this volume is in two parts. Part I examines general issues surrounding the full and effective implementation of human rights. Part II explores the implications of human rights standards in particular areas in order to test whether a human rights culture has emerged.
Human Rights in the Digital Age
by Mathias Klang Andrew MurrayThe digital age began in 1939 with the construction of the first digital computer. In the sixty-five years that have followed, the influence of digitisation on our everyday lives has grown steadily and today digital technology has a greater influence on our lives than at any time since its development. This book examines the role played by digital technology in both the exercise and suppression of human rights. The global digital environment has allowed us to reinterpret the concept of universal human rights. Discourse on human rights need no longer be limited by national or cultural boundaries and individuals have the ability to create new forms in which to exercise their rights or even to bypass national limitations to rights. The defence of such rights is meanwhile under constant assault by the newfound ability of states to both suppress and control individual rights through the application of these same digital technologies. This book gathers together an international group of experts working within this rapidly developing area of law and technology and focuses their attantion on the specific interaction between human rights and digital technology. This is the first work to explore the challenges brought about by digital technology to fundamental freedoms such as privacy, freedom of expression, access, assembly and dignity. It is essential reading for anyone who fears digital technology will lead to the 'Big Brother' state.
Human Rights in the Digital Age
by Mathias Klang Andrew MurrayThe digital age began in 1939 with the construction of the first digital computer. In the sixty-five years that have followed, the influence of digitisation on our everyday lives has grown steadily and today digital technology has a greater influence on our lives than at any time since its development. This book examines the role played by digital technology in both the exercise and suppression of human rights. The global digital environment has allowed us to reinterpret the concept of universal human rights. Discourse on human rights need no longer be limited by national or cultural boundaries and individuals have the ability to create new forms in which to exercise their rights or even to bypass national limitations to rights. The defence of such rights is meanwhile under constant assault by the newfound ability of states to both suppress and control individual rights through the application of these same digital technologies. This book gathers together an international group of experts working within this rapidly developing area of law and technology and focuses their attantion on the specific interaction between human rights and digital technology. This is the first work to explore the challenges brought about by digital technology to fundamental freedoms such as privacy, freedom of expression, access, assembly and dignity. It is essential reading for anyone who fears digital technology will lead to the 'Big Brother' state.
Human Rights in the Emerging Global Order: A New Sovereignty? (International Political Economy Series)
by K. MillsMills focuses on one of the most significant parts of the sovereignty debate on human rights and humanitarian issues and raises three interrelated questions. First, how are empirical processes and practices undermining traditional notions of sovereignty? These include actions by the United Nations and other organizations on behalf of human rights, such as humanitarian intervention, the movements of refugees and others across the borders, and increasing calls for communal self-determination. Second, taking into account the above question, and examining these issues from a normative political theory perspective, what should be the relationship between individuals, groups, states, and the international community with respect to the twin aspects of power and authority inherent in sovereignty? Third, what new or modified international institutions may be needed in the future to deal with these humanitarian issues?