Search results for: human-rights-from-below

Human Rights from Below

Author : Jim Ife
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In Human Rights from Below, Jim Ife shows how human rights and community development are problematic terms but powerful ideals, and that each is essential for understanding and practising the other. Ife contests that practitioners - advocates, activists, workers and volunteers - can better empower and protect communities when human rights are treated as more than just a specialist branch of law or international relations, and that human rights can be better realised when community development principles are applied. The book offers a long overdue assessment of how human rights and community development are invariably interconnected. It highlights how critical it is to understand the two as a basis for thinking about and taking action to address the serious challenges facing the world in the twenty-first century. Written both for students and for community development and human rights workers, Human Rights from Below brings together the important fields of human rights and community development, to enrich our thinking of both.

Challenges in Human Rights

Author : Elisabeth Reichert
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By using human rights as a guidepost, social workers can help create social welfare policies that better serve societal needs. However, in applying human rights to contemporary situations, social workers often encounter challenges that require thinking outside the box. Bringing together provocative essays from a diverse range of authors, Elisabeth Reichert demonstrates how approaching social work from a human rights perspective can profoundly affect legislation, resource management, and enforcement of policies. Topics include the reconciliation of cultural relativism with universal human rights; the debate over whether human rights truly promote economic and social development or simply allow economically developed societies to exploit underdeveloped countries; the role of gender in the practice of human rights; the tendency to promote political and civil rights over economic and social rights; and the surprising connection between the social work and legal professions.

Judicial Reasoning under the UK Human Rights Act

Author : Helen Fenwick
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Judicial Reasoning under the UK Human Rights Act is a collection of essays written by leading experts in the field, which examines judicial decision-making under the UK's de facto Bill of Rights. The book focuses both on changes in areas of substantive law and the techniques of judicial reasoning adopted to implement the Act. The contributors therefore consider first general Convention and Human Rights Act concepts – statutory interpretation, horizontal effect, judicial review, deference, the reception of Strasbourg case-law – since they arise across all areas of substantive law. They then proceed to examine not only the use of such concepts in particular fields of law (privacy, family law, clashing rights, discrimination and criminal procedure), but also the modes of reasoning by which judges seek to bridge the divide between familiar common law and statutory doctrines and those in the Convention.

Human Rights Under African Constitutions

Author : Abdullahi Ahmed An-Na'im
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Some of the most massive and persistent violations of human rights occur in African nations. In Human Rights Under African Constitutions: Realizing the Promise for Ourselves, scholars from a wide range of fields present a sober, systematic assessment of the prospects for legal protection of human rights in Africa. In a series of detailed and highly contextual studies of Ethiopia, Ghana, Guinea, Morocco, Mozambique, Nigeria, Rwanda, Senegal, South Africa, Sudan, and Uganda, experts seek to balance the socioeconomic and political diversity of these nations while using the same theoretical framework of legal analysis for each case study. Standards for human rights protection can be realized only through direct and strong support from a nation's legal and political institutions. The contributors to this volume uniformly conclude that a well-informed and motivated citizenry is the most powerful force for creating the political will necessary to effect change at the national level. In addition to a critical evaluation of the current state of human rights protection in each of these African nations, the contributors outline existing national resources available for protecting human rights and provide recommendations for more effective and practical use of these resources.

Malaysia in the Name of Security

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Who they are -- The impact of the Guantanamo Bay detentions -- Recommendations. -- Background: The ISA in law and practice. The ISA: an abusive law -- Operation Lalang -- The Anwar case and the Reformasi 10 -- Religion and alleged militant activity in Malaysia -- Alleged organizational affiliations of the ISA detainees -- The KMM detainees -- Jemaah Islamiyah (JI) detainees -- the Johor detainees. -- Human rights abuses against ISA detainees. Arbitrary arrest and detention -- Torture and other mistreatment --Torture and other physical abuse -- Cruel, inhuman, and degrading treatment -- Humiliating and degrading treatment -- Coerced and false confessions -- Conditions of detention. -- Violations of due process and the role of the judiciary under the ISA. Denial of access to counsel -- Coercion against families -- Lack of judicial review -- Threats to deter legal action. -- U.S.-Malaysia counterterrorism cooperation. A case study: The Karachi detentions and U.S.-Malaysia cooperation. -- Conclusion: The ISA - a blunt, ineffective tool. -- Recommendations. To the Malaysian government -- To the U.S. government -- To the United Nations: To the Special Rapporteur on the Independence of the Judiciary -- To the Special Rapporteur on Torture -- To the Counterterrorism Committee of the United Nations.

Violence against Women under International Human Rights Law

Author : Alice Edwards
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Since the mid-1990s, increasing international attention has been paid to the issue of violence against women. However, there is still no explicit international human rights treaty prohibition on violence against women and the issue remains poorly defined and understood under international human rights law. Drawing on feminist theories of international law and human rights, this critical examination of the United Nations' legal approaches to violence against women analyses the merits of strategies which incorporate women's concerns of violence within existing human rights norms such as equality norms, the right to life, and the prohibition against torture. Although feminist strategies of inclusion have been necessary as well as symbolically powerful for women, the book argues that they also carry their own problems and limitations, prevent a more radical transformation of the human rights system, and ultimately reinforce the unequal position of women under international law.

Education as a Human Right

Author : Tristan McCowan
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Education is widely recognized as a fundamental human right, yet the nature of the right remains unclear. Is it an entitlement to go to school, to acquire particular forms of knowledge or develop particular skills or attributes? And why exactly is education so important that we might defend all people's right to it? This book provides a much-needed exploration of this key contemporary issue. Highlighting limitations in the approaches of both the Education for All initiative and existing international law, the book presents a radical new vision of how the right can be understood. As well as basic education, there are discussions of higher and lifelong education, of human rights education, and of the intersection of rights-based approaches with others such Amartya Sen's 'capabilities'. The work serves as a stirring defense of the universal right to education against instrumental conceptions of learning, the inactivity of national governments and the abrogation of responsibility of the international community.

Human Rights and Private Law

Author : Katja S Ziegler
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Privacy today is much debated as an individual's right against real or feared intrusions by the state, as exemplified by proposed identity cards and surveillance measures in the United Kingdom. In contrast, invasions of privacy by private individuals or bodies tend to arouse less concern. This book attempts to fill the gap by looking at the horizontal application of human rights after Douglas v Hello, Campbell v MGN and Caroline von Hannover v Germany. It provides a conceptual and theoretical framework and also considers specific particularly sensitive areas of law relating to privacy protection, such as intellectual property, employment and media law. It provides comparative perspectives by relating Article 8 of the European Convention on Human Rights, which serves as a focal point, to UK, Dutch, German and European Communities law. Several common threads are revealed running across jurisdictions and different areas of law and aspects of privacy. The most notable is the definition of privacy in terms of the autonomy of the individual, a notion associated with the liberal state in the classic sense but now acquiring more content as a human right also linked to ideas of social justice.

Children Defending their Human Rights Under the CRC Communications Procedure

Author : Sonja C. Grover
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This book considers the Optional Protocol to the Convention on the Rights of the Child on a communication procedure as a key contributor to the realization of children’s Article 12 Convention on the Rights of the Child participation rights. Weaknesses in the current formulation of the CRC communication procedure (its first iteration since entry into force 14 April, 2014) are examined and suggestions for strengthening of the mechanism in various respects considered. Actual cases concerning children’s fundamental human rights in various domains and brought under various international human rights mechanisms are considered as hypothetical OP3-CRC communications/complaints. In addition certain domestic cases brought to the highest State Court are considered as hypothetical OP3-CRC communications brought after exhaustion of domestic remedies. In this way various significant weaknesses of the OP3-CRC are illustrated in a compelling meaningful case context and needed amendments highlighted.

Prohibition of Discrimination Under the European Convention on Human Rights

Author : Frédéric Edel
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The European Convention on Human Rights guarantees equality among human beings by means of two provisions that prohibit discrimination: On the one hand, Article 14 of the Convention, ratified by all member states of the Council of Europe; and, On the other hand, The first article of Protocol No. 12, ratified by only some of the members. The content of the prohibition laid down by these two provisions is the same, The only difference is in the extent of their scope: whereas Article 14 prohibits discrimination in the "enjoyment of rights and freedoms set forth by the present Convention", The first article of Protocol No. 12 prohibits discrimination in a broader sense in the "enjoyment of all rights set forth by law". This study proposes an insight into the case law of the European Court of Human Rights on discrimination with respect both To The main principles which guide its implementation and To The specific solutions which the Court has adopted in relation to discrimination. Other questions examined include the scope of the prohibition of discrimination (to what does it apply?), The question of the content of such a prohibition (what precise obligations does it imply?), and last, The question of a judicial review (how does the Court assess compliance with it?).The "Human rights files" series is aimed at specialists in European law: lawyers, practitioners and research students. it also constitutes a useful resource For The implementation of the European Convention on Human Rights in the signatory states.

The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations

Author : Juan Carlos Ochoa S.
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In The Rights of Victims in Criminal Justice Proceedings for Serious Human Rights Violations, Juan Carlos Ochoa offers a systematic analysis of international and comparative domestic law on the position of the victim in the prosecution of these infringements, points to the deficiencies of the current state of customary international law, and proposes specific reforms.

Human Rights As Indivisible Rights

Author : Ida Elisabeth Koch
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The book analyses the legal nation of human rights as indivisible, interrelated and interdependent rights by analysing case law from the European Court of Human Rights. The book concludes that the nation of human rights as indivisible right as a legal content and that aspects of several socio-economic rights are in fact protected by the Convention.

The Persistent Power of Human Rights

Author : Thomas Risse
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This book offers a unique combination of quantitative and qualitative research arguing for the persistent power of human rights norms.

Emerging Areas of Human Rights in the 21st Century

Author : Marco Odello
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This book includes a set of studies and reflections that have emerged since the adoption of the Universal Declaration of Human Rights in 1948. Encompassing a number of human rights, such as the right to environmental protection, the right to humanitarian aid, and the right to democratic governance, this collection focuses on issues and areas that were not originally mentioned or foreseen in the Declaration but that have since developed into salient topics. These developing rights are considered in the light of contemporary national and international law, as well as against the wider picture and the contexts in which human rights may have effect. Moreover, the topics covered take in a wide range of research fields, including law, politics and criminology. Emerging Areas of Human Rights in the 21st Century is aimed primarily at undergraduate and postgraduate students, and scholars interested in international law, human rights and politics.

The Human Rights Impact of the World Trade Organisation

Author : James Harrison
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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

Author : Christian Tomuschat
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By combining conceptual analysis with an emphasis on procedures and mechanisms of implementation, this text provides an overview of human rights. After briefly examining the history of human rights, the author analyses the intellectual framework that forms the basis of their legitimacy.

Brownlie s Documents on Human Rights

Author : Ian Brownlie
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'Basic Documents on Human Rights' provides a collection of key documents and covers all elements of the subject. It is an account of the most important instruments adopted by the UN, its agencies, regional organizations and other actors.

Constitutional Review under the UK Human Rights Act

Author : Aileen Kavanagh
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Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.

International Law from Below

Author : Balakrishnan Rajagopal
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The emergence of transnational social movements as major actors in international politics - as witnessed in Seattle in 1999 and elsewhere - has sent shockwaves through the international system. Many questions have arisen about the legitimacy, coherence and efficiency of the international order in the light of the challenges posed by social movements. This book offers a fundamental critique of twentieth-century international law from the perspective of Third World social movements. It examines in detail the growth of two key components of modern international law - international institutions and human rights - in the context of changing historical patterns of Third World resistance. Using a historical and interdisciplinary approach, Rajagopal presents compelling evidence challenging debates on the evolution of norms and institutions, the meaning and nature of the Third World as well as the political economy of its involvement in the international system.

International Economic Actors and Human Rights

Author : Adam McBeth
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In noting that the actions of entities other than states in the economic arena can and often do have a profound effect on human rights, this book poses the question as to how international human rights law can and should address that situation. This book takes three very different categories of international actor – the World Trade Organization, the international financial institutions (World Bank and IMF) and multinational enterprises – and analyses the interaction of each category with human rights, in each case analysing the interaction of the different fields of law and seeking to identify a role for international human rights law. Adam McBeth concludes that each of the selected international economic actors can and should be considered to operate within a holistic system of international law, including human rights obligations, but that changes in the operations and the accountability mechanisms for each actor are necessary for the practical implementation of that approach. While written from a human rights perspective, the underlying theme of the book is one of engagement and harmonisation rather than condemnation. It provides valuable insight for those who approach this topic from a background of international trade law, commercial law or general international law, just as much as those who have a human rights background. International Economic Actors and Human Rights will be of great interest to those studying or working in any field of international economic law, as well as human rights scholars and practitioners.