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Human Rights, Sexual Orientation, and Gender Identity
by Anne HellumHow human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the overall theme of this book. The Yogyakarta Principles on the Application of International Human Rights Law in Relation to Sexual Orientation and Gender Identity are analysed in the light of the dynamic jurisprudence of different human rights treaty bodies. Whether and how the status quo of gender duality is reproduced, in spite of international law’s growing recognition of the multiplicity of sexualities and gender identities, is discussed. How transgender men, in countries that permit legal gender change, have been successfully prosecuted for gender fraud by female partners claiming to be unaware of their gender history is given attention. While human rights discourse related to LGBTI persons so far has been moulded on the experiences of adults this book gives voice to the concerns of gender-non confirming children. The jurisprudence of the Child Rights Committee, with focus on the complex social and legal issues faced by gender non-confirming children, is addressed. Through narratives, that give voice to these children’s experiences, the book demonstrates how the legal gender assigned at birth impacts on their feeling of recognition, self-confidence and self-respect in the private, social, and legal spheres. This book was previously published as a special issue of the Nordic Journal of Human Rights.
Human Rights Theory (Policy Studies Organization Series)
by David CingranelliThis study attempts to facilitate the development of empirical theories relevant to human rights phenomena. It is designed to be of use to policymakers regarding appropriate strategies for measuring human rights practices and for evaluating human rights policies.
Human Rights Trade-Offs in Times of Economic Growth: The Long-Term Capability Impacts of Extractive-Led Development (Latin American Political Economy)
by Areli ValenciaThis book uncovers a historical dependency on smelting activities that has trapped inhabitants of La Oroya, Peru, in a context of systemic lack of freedom. La Oroya has been named one of the most polluted places on the planet by the US Blacksmith Institute. Residents face the dilemma of whether to defend their health or to preserve job stability at the local smelter, the main source of toxic pollution in town. Valencia unpacks this paradoxical human rights trade-off. This context, shaped by social, historical, political, and economic factors, increases people’s vulnerabilities and decreases their ability to choose, resulting in residents' trading off their right to health in order to work. This book shows the deep connection of this local dilemma to the country’s national paradox, arising out of Peru's vision of natural resource extraction as the main path to secure economic growth for the entire country at the expense of some groups.
The Human Rights Turn and the Paradox of Progress in the Middle East
by Mishana HosseiniounThis book aims to shift the limited and often negative popular understanding of the Middle East’s place in the world by chronicling the region’s contributions to the international order rather than disorder, and to the development of the international human rights system. It elucidates the many paradoxes that make the Middle East and North Africa (MENA) region both a troubling place and also a region brimming with great potential for peace, prosperity and progress. By demonstrating the paradox of human rights progress amid regress, the book tells a radically new and more hopeful side of the story of the region that has largely been obfuscated and omitted from the chronicles of history. In so doing, it shows that fostering a human rights culture is not only possible for all universally, it is inevitable.
The Human Rights Turn and the Paradox of Progress in the Middle East
by Mishana HosseiniounThis book aims to shift the limited and often negative popular understanding of the Middle East’s place in the world by chronicling the region’s contributions to the international order rather than disorder, and to the development of the international human rights system. It elucidates the many paradoxes that make the Middle East and North Africa (MENA) region both a troubling place and also a region brimming with great potential for peace, prosperity and progress. By demonstrating the paradox of human rights progress amid regress, the book tells a radically new and more hopeful side of the story of the region that has largely been obfuscated and omitted from the chronicles of history. In so doing, it shows that fostering a human rights culture is not only possible for all universally, it is inevitable.
Human Rights Unbound: A Theory of Extraterritoriality
by Lea RaibleThis book explores to what extent a state owes human rights obligations to individuals outside of its territory, when the conduct of that state impacts upon the lives of those individuals. It draws upon legal and political philosophy to develop a theory of extraterritoriality based on the nature of human rights, merging accounts of economic, social, and cultural rights with those of civil and political rights Lea Raible outlines four main arguments aimed at changing the way we think about the extraterritoriality of human rights. First, she argues that questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, she shows that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over those individuals. And finally, the book demonstrates that title to territory is best captured by the value of stability, as opposed to integrity and equality. On this basis, Raible concludes that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power over individuals, is met. The book applies this theory of extraterritoriality to explain the obligations of states in a wide range of cases.
Human Rights Unbound: A Theory of Extraterritoriality
by Lea RaibleThis book explores to what extent a state owes human rights obligations to individuals outside of its territory, when the conduct of that state impacts upon the lives of those individuals. It draws upon legal and political philosophy to develop a theory of extraterritoriality based on the nature of human rights, merging accounts of economic, social, and cultural rights with those of civil and political rights Lea Raible outlines four main arguments aimed at changing the way we think about the extraterritoriality of human rights. First, she argues that questions regarding extraterritoriality are really about justifying the allocation of human rights obligations to specific states. Second, the book shows that human rights as found in international human rights treaties are underpinned by the values of integrity and equality. Third, she shows that these same values justify the allocation of human rights obligations towards specific individuals to public institutions - including states - that hold political power over those individuals. And finally, the book demonstrates that title to territory is best captured by the value of stability, as opposed to integrity and equality. On this basis, Raible concludes that all standards in international human rights treaties that count as human rights require that a threshold of jurisdiction, understood as political power over individuals, is met. The book applies this theory of extraterritoriality to explain the obligations of states in a wide range of cases.
Human Rights under the African Charter
by Allwell UwazuruikeThis book critically examines the civil, political, socioeconomic, and group rights protected under the African Charter and its Protocol on women’s rights. It then examines the institutional protection of these rights through the African Commission and African Court. The book builds on the concept of regionalism within Africa and the recent drive for finding “African solutions to African problems” by tracing the development of human rights within Africa and assessing the effectiveness of Africa’s core regional human rights institutions. In turn, it critically analyses the obstacles to the full implementation of human rights in Africa such as the lack of political will, jurisdictional issues, lack of resources and funding, poverty, illiteracy, corruption, and customary practices that violate human rights. In closing, the book discusses possible solutions to these problems.
Human Rights Violation in Turkey: Rethinking Sociological Perspectives
by D. StrawSociological theory has veered between an insistence on understanding human rights as a genuine universal morality and far more cynical portrayals of human rights as a veil of bourgeois capitalist enterprise. This book criticizes, adapts and combines seemingly disparate elements of contemporary sociological theory within a new approach to human rights. The practicality of the approach is clearly demonstrated in its application to one of the most important, complex and vexing locations of human rights violation in the world: modern Turkey. While sociological analyses of Turkey have largely been limited to local perspectives on individual issues of human rights violation, this book expands sociological understanding of the broad swath of Turkey's human rights violations into a new global perspective of hope and resolution.
Human Rights Without Democracy?: Reconciling Freedom with Equality
by Gret HallerDo Human Rights truly serve the people? Should citizens themselves decide democratically of what those rights consist? Or is it a decision for experts and the courts? Gret Haller argues that Human Rights must be established democratically. Drawing on the works of political philosophers from John Locke to Immanuel Kant, she explains why, from a philosophical point of view, liberty and equality need not be mutually exclusive. She outlines the history of the concept of Human Rights, shedding light on the historical development of factual rights, and compares how Human Rights are understood in the United States in contrast to Great Britain and Continental Europe, uncovering vast differences. The end of the Cold War presented a challenge to reexamine equality as being constitutive of freedom, yet the West has not seized this opportunity and instead allows so-called experts to define Human Rights based on individual cases. Ultimately, the highest courts revise political decisions and thereby discourage participation in the democratic shaping of political will.
Human Scent Evidence
by Paola A. Prada Allison M. Curran Kenneth G. FurtonDuring the last decade, a significant number of scientific studies have supported the use of human scent as a biometric tool and indicator of the presence, or absence, of an individual at a crime scene. These findings even extend to conducting scent identification line-ups with suspects. Human Scent Evidence focuses on some of these recent advances
Human Security and Human Rights under International Law: The Protections Offered to Persons Confronting Structural Vulnerability
by Dorothy Estrada-TanckHuman security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.
Human Security and Human Rights under International Law: The Protections Offered to Persons Confronting Structural Vulnerability
by Dorothy Estrada-TanckHuman security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.
Human Security and International Law: Prospects and Problems (Studies in International Law)
by Barbara Von TigerstromThe concept of 'human security' has influenced discourse and practice and has been the subject of vigorous debate. Despite its relevance to central questions of international law, human security has until recently received little attention from international lawyers. This book has two related goals: to evaluate human security as a concept that could be used in the analysis of international law, and to determine what insights about a human security approach might be gained by considering it from the perspective of international law. The first part of the book examines the evolution and meanings of the concept and its links with existing theories and principles of international law. The second part explores the ways in which human security has been and could be used in relation to the diverse topics of humanitarian intervention, internally displaced persons, small arms control, and global public health. The analysis sheds new light on debates about the concept's potential and limitations.
Human Security and Philanthropy: Islamic Perspectives and Muslim Majority Country Practices (Nonprofit and Civil Society Studies)
by Samiul HasanMuslims for hundreds of years have been involved in philanthropic activities targeting poor and needy people through varied types of ‘third sector’ organizations (TSOs). Nonetheless, many people in Muslim majority countries (MMCs), not having freedom from hunger, face human security crises. Not much is known about the TSOs or their human security provisions in MMCs. To fill this knowledge gap, this Volume documents and analyses philanthropy and all types of third sector organizations including the awqaf (Muslim endowments) vis-à-vis human security in MMCs. The study is comprehensive in treating the subject matter (analyzing the legal environment, characteristics, extent and functioning of all forms of the third sector and their human security performances) and in geographic coverage (incorporating all forty-seven Muslim majority countries in Africa and Asia). It is also innovative expounding TSO density analysis, state support score (SSS) and a third-sector capability measure (TCM) to study their interrelationships. It is an essential unique reference book for students and scholars of the third sector and human security, international organizations, development agencies, donor governments, security experts and in particular anybody with interests in Islam and MMCs.
Human Security and the Politics of Corporate Social Responsibility in China (Elgar Politics and Business series)
by Robert J. HanlonExploring themes associated with corruption, sustainable development, and human rights and security, Robert J. Hanlon considers the political dynamics of corporate social responsibility (CSR) within the context of the ‘Asian Century’ and its place in an increasingly multipolar world.By assessing how social responsibility is changing the discourse around trade, development and diplomacy, Hanlon sheds light on how competing visions of social responsibility are influencing political narratives in China and the West, examining multipolarity, the construction of Global China, and the ascent of competitive pluralism. Chapters argue that the liberal economic order founded at Bretton Woods is wavering with Western governments and multinational corporations who are seeking new strategies to compete against China, especially in emerging economies known for weak governance structures and dysfunctional rule of law. As CSR emerges as a political tool for states and business actors, this timely book adopts a human security approach for assessing the weaponization of political values within an increasingly fragmented rule-based liberal order.Expanding on the themes of constructivism, competitive pluralism and progressive neoliberalism, while introducing the novel concept of developmental CSR, this forward-thinking book will prove a vital resource for students, scholars and policymakers interested in Asian politics, public policy, CSR and international relations.
The Human Side of Disaster
by Thomas E. DrabekSince the first edition of The Human Side of Disaster was published in 2009, new catastrophes have plagued the globe, including earthquakes in Haiti and New Zealand, tornadoes in Alabama and Missouri, floods in numerous locations, Hurricane Sandy, and the infamous BP oil spill. Enhanced with new cases and real-world examples, The Human Side of Disaster, Second Edition presents an updated summary of the social science knowledge base of human responses to disaster. Dr. Drabek draws upon his 40-plus years of conducting research on individual, group, and organizational responses to disaster to illustrate and integrate key insights from the social sciences to teach us how to anticipate human behaviors in crisis. The book begins with a series of original short stories rooted within actual disaster events. These stories are woven into the entire text to demonstrate essential findings from the research literature. Dr. Drabek provides an overview of the range of disasters and hazards confronting the public and an explanation of why these are increasing each year, both in number and scope of impact. The core of the book is a summary of key findings regarding disaster warning responses, evacuation behavior, initial post-impact survival behavior, traditional and emergent roles of volunteers, and both short-term and longer-term disaster impacts. The theme of "organized-disorganization" is used to illustrate multiorganizational response networks that form the key managerial task for local emergency managers. The final chapter provides a new vision for the emergency management profession—one that reflects a more strategic approach wherein disasters are viewed as non-routine social problems. This book will continue to be an invaluable reference for professionals and students in emergency management and public policy and aid organizations who need to understand human behavior and how best to communicate and work with the public in disaster situations.
Human Subject Research for Engineers: A Practical Guide (SpringerBriefs in Applied Sciences and Technology)
by Joost C.F. de Winter Dimitra DodouThis Brief introduces engineers to the main principles in ethics, research design, statistics, and publishing of human subject research. In recent years, engineering has become strongly connected to disciplines such as biology, medicine, and psychology. Often, engineers (and engineering students) are expected to perform human subject research. Typical human subject research topics conducted by engineers include human-computer interaction (e.g., evaluating the usability of software), exoskeletons, virtual reality, teleoperation, modelling of human behaviour and decision making (often within the framework of ‘big data’ research), product evaluation, biometrics, behavioural tracking (e.g., of work and travel patterns, or mobile phone use), transport and planning (e.g., an analysis of flows or safety issues), etc. Thus, it can be said that knowledge on how to do human subject research is indispensable for a substantial portion of engineers. Engineers are generally well trained in calculus and mechanics, but may lack the appropriate knowledge on how to do research with human participants. In order to do high-quality human subject research in an ethical manner, several guidelines have to be followed and pitfalls have to be avoided. This book discusses these guidelines and pitfalls. The aim is to prepare engineers and engineering students to carry out independent research in a responsible manner.
Human Subjects Research after the Holocaust
by Sheldon Rubenfeld Susan Benedict“An engaging, compelling and disturbing confrontation with evil …a book that will be transformative in its call for individual and collective moral responsibility." – Michael A. Grodin, M.D., Professor and Director, Project on Medicine and the Holocaust, Elie Wiesel Center for Judaic Studies, Boston UniversityHuman Subjects Research after the Holocaust challenges you to confront the misguided medical ethics of the Third Reich personally, and to apply the lessons learned to contemporary human subjects research. While it is comforting to believe that Nazi physicians, nurses, and bioscientists were either incompetent, mad, or few in number, they were, in fact, the best in the world at the time, and the vast majority participated in the government program of “applied biology.” They were not coerced to behave as they did—they enthusiastically exploited widely accepted eugenic theories to design horrendous medical experiments, gas chambers and euthanasia programs, which ultimately led to mass murder in the concentration camps. Americans provided financial support for their research, modeled their medical education and research after the Germans, and continued to perform unethical human subjects research even after the Nuremberg Doctors’ Trial. The German Medical Association apologized in 2012 for the behavior of its physicians during the Third Reich. By examining the medical crimes of human subjects researchers during the Third Reich, you will naturally examine your own behavior and that of your colleagues, and perhaps ask yourself "If the best physicians and bioscientists of the early 20th century could do evil while believing they were doing good, can I be certain that I will never do the same?"
Human Thriving and the Law (SpringerBriefs in Law)
by Charles Foster Jonathan HerringThe idea of the Good Life – of what constitutes human thriving, is, implicitly, the foundation and justification of the law. The law exists to hold societies together; to hold in tension the rights of individuals as against individuals, the rights of individuals as against various types of non-humans such as corporations (and vice versa), and the rights of individuals individuals as against the state (and vice versa). In democratic states, laws inhibit some freedoms in the name of greater, or more desirable freedoms. The only justification for law is surely that it tends to promote human thriving. But what is the Good Life? What does it mean to live a thriving life? There has been no want of discussion, at least since the great Athenians. But surprisingly, since human thriving is its sole raison d’etre, the law has been slow to contribute to the conversation. This book aims to start and facilitate this conversation. It aims to: -make lawyers ask: ‘What is the law for?’, and conclude that it is to maximise human thriving -make lawyers ask: ‘But what does human thriving mean?’ -make judges and advocates ask: ‘How can a judgment about the best interests of a patient be satisfactory unless its basis is made clear?’
Human Trafficking: Perspectives from Nursing, Criminal Justice, and the Social Sciences
by Mary De Chesnay Donna SabellaThis book presents various forms of human trafficking, a growing trend in the exploitation of large numbers of people with concurrent public health, socio-cultural, and economic costs to countries burdened with the consequences of the COVID-19 pandemic. Edited by psychiatric-mental health nurses and an applied anthropologist, this volume covers all forms of human trafficking: sex trafficking, forced labor, forced marriage, baby trafficking, organ trafficking, child marriage, and child soldiers with a global public health and policy focus. As such, it fills a gap in human trafficking knowledge and is built on courses springing up around the United States in multiple disciplines. Medical, mental health, and social work interventions are included as well as information about programs with documented outcomes. Each chapter includes state of the art of knowledge with case studies illustrating specific focal ideas, discussion, questions and exercises in order to help readers retain and reinforce chapter material. This textbook will be useful in the disciplines of nursing, medicine, public health, social work, and policy making, as well as in disciplines in which human trafficking is a current interest, such as law, criminal justice, and education.
Human Trafficking: Exploring the International Nature, Concerns, and Complexities
by Benjamin Perrin John Winterdyk Philip ReichelHuman trafficking is a crime that undermines fundamental human rights and a broader sense of global order. It is an atrocity that transcends borders�with some regions known as exporters of trafficking victims and others recognized as destination countries. Edited by three global experts and composed of the work of an esteemed panel of contributors,
Human Trafficking: Exploring the International Nature, Concerns, and Complexities
by John Winterdyk Benjamin Perrin Philip ReichelHuman trafficking is a crime that undermines fundamental human rights and a broader sense of global order. It is an atrocity that transcends borders with some regions known as exporters of trafficking victims and others recognized as destination countries. Edited by three global experts and composed of the work of an esteemed panel of contributors,
Human Trafficking and Modern Slavery Law and Practice
by Philippa Southwell Michelle Brewer Ben Douglas-Jones QCRecommended by The Independent Anti-Slavery Commissioner, Dame Sara Thornton, in her 2020 report on “The Modern Slavery Act 2015 Statutory Defence: A call for evidence”Human Trafficking and Modern Slavery Law and Practice, Second Edition provides guidance to those who deal directly or indirectly with those affected by modern slavery and trafficking, employ or manage a workforce, or have oversight of supply chains.It enables practitioners to deal with issues of law and procedure by providing an accessible, but comprehensive, summary of the points that need to be considered in order to plan a coherent litigation or compliance strategy.This Second Edition focuses on areas which have become of critical importance such as:- The modern slavery defence- Corporate accountability and modern slavery compliance statements- National Referral Mechanism for victims- How to identify victims of trafficking and modern slavery- How to elicit key information from victims of trafficking and modern slavery- Council of Europe Convention on Action against Trafficking in Human Beings- The EU Anti-trafficking DirectiveThis highly accessible guide draws on the expertise and experience of professionals in different disciplines, so that practitioners can receive guidance for their own practice and an understanding of the inter-relationship with other practice areas.Criminal, immigration, commercial and civil lawyers will find this an essential guide. It is also important for businesses when undertaking human rights due diligence assessments, as well as for those who work in law enforcement, the judiciary and academia.
Human Trafficking as a New (In)Security Threat
by Elżbieta M. GoździakThis book challenges the rhetoric linking ‘war on terror’ with ‘war on human trafficking’ by juxtaposing lived experiences of survivors of trafficking, refugees, and labor migrants with macro-level security concerns. Drawing on research in the United States and in Europe, Goździak shows how human trafficking has replaced migration in public narratives, policy responses, and practice with migrants and analyzes lived experiences of (in)security of trafficked victims, irregular migrants, and asylum seekers. .