Border Deaths At Sea Under The Right To Life In The European Convention On Human Rights

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Border Deaths at Sea under the Right to Life in the European Convention on Human Rights

Author : Lisa-Marie Komp
Publisher : Taylor & Francis
Page : 200 pages
File Size : 55,7 Mb
Release : 2022-11-17
Category : Law
ISBN : 9781000778144

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Border Deaths at Sea under the Right to Life in the European Convention on Human Rights by Lisa-Marie Komp Pdf

This book focuses on border deaths at sea. It unravels how the interplay of the law of the sea and rules on jurisdiction widen the opportunity for states to make and enforce rules outside their territory, and questions whether this is also accompanied with an obligation to respect the right to life under the European Convention on Human Rights (ECHR) when doing so. By embarking upon the challenge of analysing a cross-border phenomenon in which direct encounters between state agents and the victims are few through the lens of legal obligations, the book unearths avenues for arguing that the ECHR is applicable to border deaths on the high seas and showcases the Court’s creativity in bridging the gap between the Convention and people in need of protection. Furthermore, it demonstrates that the ECHR is applicable to border deaths occurring within the territorial seas of states. It discusses the right to life, as well as the specific obligations of states in respect to border deaths at sea, and demonstrates that in many instances, EU policies fall short of the standards set under the right to life. This book will be of key interest to scholars, students and practitioners in migrant rights, international human rights law, public international law including, refugee and migration law, maritime law, and security studies.

Securitising Asylum Flows

Author : Valsamis Mitsilegas,Violeta Moreno-Lax,Niovi Vavoula
Publisher : BRILL
Page : 350 pages
File Size : 52,8 Mb
Release : 2020-04-20
Category : Law
ISBN : 9789004396814

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Securitising Asylum Flows by Valsamis Mitsilegas,Violeta Moreno-Lax,Niovi Vavoula Pdf

In Securitising Asylum Flows, the editors have collected contributions that examine the human rights and rule of law challenges posed by the EU response to the so-called ‘refugee crisis’.

Border Deaths

Author : Paolo Cuttitta,Tamara Last
Publisher : Unknown
Page : 174 pages
File Size : 44,8 Mb
Release : 2019-12-12
Category : Electronic
ISBN : 9463722327

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Border Deaths by Paolo Cuttitta,Tamara Last Pdf

Border deaths are a result of dynamics involving diverse actors, and can be interpreted and represented in various ways. Critical voices from civil society (including academia) hold states responsible for making safe journeys impossible for large parts of the world population. Meanwhile, policy-makers argue that border deaths demonstrate the need for restrictive border policies. Statistics are widely (mis)used to support different readings of border deaths. However, the way data is collected, analysed, and disseminated remains largely unquestioned. Similarly, little is known about how bodies are treated, and about the different ways in which the dead - also including the missing and the unidentified - are mourned by familiars and strangers. New concepts and perspectives contribute to highlighting the political nature of border deaths and finding ways to move forward. The chapters of this collection, co-authored by researchers and practitioners, provide the first interdisciplinary overview of this contested field.

Human Rights and Climate Change

Author : Linnéa Nordlander
Publisher : Taylor & Francis
Page : 264 pages
File Size : 54,8 Mb
Release : 2023-11-30
Category : Law
ISBN : 9781000992113

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Human Rights and Climate Change by Linnéa Nordlander Pdf

This insightful and timely book examines the intersection of international climate change law and international human rights law with respect to loss and damage from climate change. Bringing together these two areas of the law, the volume reframes the debate on loss and damage law and offers the first systematic analysis of the legal consequences of Article 8 of the 2015 Paris Agreement, both independently and in light of the concurrent applicability of human rights law to climate change harms. The author outlines the legal implications of Article 8 and the extent to which the application of a human rights perspective can contribute to the interpretation and development of those implications. Accessible and engaging, this book has important implications for both legal doctrine and policy development at the international level. This book is a valuable resource for scholars, students, and practitioners in human rights, human rights law, climate change law, and international environment law.

International Attention and the Protection of Human Rights Defenders

Author : Janika Spannagel
Publisher : Taylor & Francis
Page : 200 pages
File Size : 49,5 Mb
Release : 2023-06-16
Category : Political Science
ISBN : 9781000893441

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International Attention and the Protection of Human Rights Defenders by Janika Spannagel Pdf

This book uses a practice-driven and empirically founded approach to address the question of whether and how international attention can protect and enable domestic human rights activists in authoritarian settings. It examines the untold origin story of the ‘human rights defender’ term and its uptake among international advocacy organizations, which coalesced with the rise of a theory of human rights change centered around the support for local actors. Rich with analyses of original qualitative and quantitative data, the author spells out this theory of change and tests its assumptions in two case studies: the individual casework of the UN special procedures, and the case of Tunisia under Ben Ali. This book is of key interest to scholars and students of human rights, of the United Nations, and more broadly of international relations and politics in general, and to practitioners working with human rights defenders at risk.

Understanding Domestic Violence as a Gender-based Human Rights Violation

Author : Jurgita Bukauskaite
Publisher : Taylor & Francis
Page : 211 pages
File Size : 48,7 Mb
Release : 2023-04-14
Category : Political Science
ISBN : 9781000866551

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Understanding Domestic Violence as a Gender-based Human Rights Violation by Jurgita Bukauskaite Pdf

Examining the prevalent issue of domestic violence, this book breaks down the reasons behind the ineffectiveness of existing human rights instruments and the gaps in current legal systems failing those in need. Through a variety of key case studies, it reveals significant gaps in the legal conceptualisation of domestic violence between human rights standards on the one hand and the national legal systems examined—those of Ireland and Lithuania—on the other. The book reveals that, contrary to gender-based universal human rights approaches and despite recent legislative reforms, the legal concept of domestic violence is gender-blind. It fails to capture gender-based empirical realities on the ground, rendering national legal systems devoid of an empirically informed theoretical basis for addressing the problem. Despite the differences in the contextual backgrounds of the two case study countries, the legislation on domestic violence is underpinned by patriarchal beliefs in both. This book employs a gender-based examination of the issue that will be of key interest to scholars, legal practitioners, civil society actors, and students of feminist legal theory, gender equality, gender in international law, gender and human rights and conceptual democracy.

Minorities, Free Speech and the Internet

Author : Oscar Pérez de la Fuente,Alexander Tsesis,Jędrzej Skrzypczak
Publisher : Taylor & Francis
Page : 217 pages
File Size : 47,6 Mb
Release : 2023-03-14
Category : Political Science
ISBN : 9781000874044

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Minorities, Free Speech and the Internet by Oscar Pérez de la Fuente,Alexander Tsesis,Jędrzej Skrzypczak Pdf

Minorities, Free Speech and the Internet explores the regulation of free speech online and offline. Views are divided as to how much regulation of the Internet is appropriate. Some argue that it should be an unregulated space for free content. On the other hand, in many democracies, online hate speech, harassment and xenophobia are prohibited and punished. This book provides a forum for leading international scholars to address domestic and comparative dimensions of this complex legal conundrum. First, the authors analyse the free speech and Internet regulations in different legal cultures, including the United States, Europe, China and Russia. Second, they study fake news, extreme right speech and the implications of hate speech on pluralistic society. Third, they examine different case law addressing minority sensibilities, historical discriminations, offensive propaganda and other issues particularly concerning minorities and free speech. This book will be of interest to students and scholars interested in the topics of hate speech and minorities, democracy, misinformation and debates about the Internet, as well as political science researchers.

Border Harms and Everyday Violence

Author : Evgenia Iliadou
Publisher : Policy Press
Page : 177 pages
File Size : 43,7 Mb
Release : 2023-09-11
Category : Social Science
ISBN : 9781529212778

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Border Harms and Everyday Violence by Evgenia Iliadou Pdf

The Greek island of Lesvos is frequently the subject of news reports on the refugee ‘crisis’, but they only occasionally focus on the dire living conditions of asylum seekers already present on the island. Through direct experience as an activist in Lesvos refugee camps and detention centres, Iliadou gives voice to those with lived experiences of state violence. The author considers the escalation of EU border regime and deterrence policies seen in the past decade alongside their present impacts. Asking why the social harm and suffering border crossers experience is normalized and rendered invisible, the book highlights the collective, global responsibility for safeguarding refugees’ human rights.

Lives saved. Rights protected.

Author : Council of Europe
Publisher : Council of Europe
Page : 64 pages
File Size : 52,7 Mb
Release : 2019-07-29
Category : Political Science
ISBN : 8210379456XXX

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Lives saved. Rights protected. by Council of Europe Pdf

Preventing loss of life and protecting the human rights of refugees, asylum seekers and migrants at sea The protection of refugees, asylum-seekers and migrants travelling by sea forms an integral part of international human rights, refugee and maritime laws. As explained in this document, states have clear obligations to aid any person found in distress at sea, to rescue people in distress and to ensure that their rights – including the right to life and to protection from refoulement – are upheld. Therefore, the Council of Europe Commissioner for Human Rights is putting forward a Recommendation on how to help member states make these rights practical and effective.

Aliens before the European Court of Human Rights

Author : David Moya,Georgios Milios
Publisher : BRILL
Page : 306 pages
File Size : 50,5 Mb
Release : 2021-07-05
Category : Law
ISBN : 9789004465695

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Aliens before the European Court of Human Rights by David Moya,Georgios Milios Pdf

This volume conducts an in-depth analysis of the ECtHR’s case law in the area of migration and asylum as regards the most relevant rights of the ECHR, exploring the role of this court in this area of law.

The Ashgate Research Companion to Migration Law, Theory and Policy

Author : Satvinder S. Juss
Publisher : Routledge
Page : 766 pages
File Size : 52,9 Mb
Release : 2016-03-23
Category : Law
ISBN : 9781317042648

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The Ashgate Research Companion to Migration Law, Theory and Policy by Satvinder S. Juss Pdf

The Ashgate Research Companion to Migration Law, Theory and Policy complements the already successful Ashgate series Law & Migration, established in 2006 which now has a number of well-regarded monographs to its credit. The purpose of this Companion is to augment that Series, by taking stock of the current state of literature on migration law, theory and policy, and to sketch out the contours of its future long-term development, in what is now a vastly expanded research agenda. The Companion provides readers with a definitive and dependable state-of-art review of current research in each of the chosen areas that is all-embracing and all-inclusive of its subject-matter. The chapters focus on the regional and the sub-regional, as well as the national and the global. In so doing, they aim to give a snap-shot that is contextual, coherent, and comprehensive. The contributors are both world-renowned scholars and newer voices and include scholars, practitioners, former judges and researchers and policy-makers who are currently working for international organisations.

The Duty of the Shipmaster to Render Assistance at Sea under International Law

Author : Felicity G. Attard
Publisher : BRILL
Page : 374 pages
File Size : 50,9 Mb
Release : 2020-08-25
Category : Law
ISBN : 9789004438255

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The Duty of the Shipmaster to Render Assistance at Sea under International Law by Felicity G. Attard Pdf

This study examines the shipmaster’s duty to render assistance at sea under international law. This duty is assessed in the light of contemporary challenges posed by the phenomenon of irregular migration by sea, a problem which has intensified in recent years. The approach undertaken gives special emphasis to the shipmaster’s responsibilities in rescue operations, and his role in the fulfilment of States’ international obligations in the rendering of assistance.

The Global Politics of Human Rights

Author : Miguelángel Verde Garrido, Philani Mthembu, Adam S. Wilkins
Publisher : Berlin Forum on Global Politics (BFoGP), Institute for Global Dialogue, and RECLAIM! Universal Human Rights Initiative
Page : 128 pages
File Size : 41,9 Mb
Release : 2020-07-13
Category : Political Science
ISBN : 9781920216689

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The Global Politics of Human Rights by Miguelángel Verde Garrido, Philani Mthembu, Adam S. Wilkins Pdf

Now available online: The Global Politics of Human Rights: Bringing the Universal Declaration of Human Rights (UDHR) into the 21st Century (2020), a publication from the Berlin Forum on Global Politics (BFoGP) in collaboration with the Institute for Global Dialogue and the RECLAIM! Universal Human Rights Initiative. The Universal Declaration of Human Rights (UDHR), even more than 70 years after its adoption, continues to provide the foundation for national and international laws concerned with human dignity and the universal and inalienable freedoms and claims of every person. A living document, the core principles enshrined in the UDHR are as relevant as ever to better the human condition and societies worldwide. This collected volume is an open knowledge publication, freely accessible under a Creative Commons license, which includes 24 articles written by numerous well-informed stakeholders from across the globe, who include human rights scholars and practitioners, experts and activists, researchers and members of civil society and non-governmental organizations. It addresses particular aspects of the history of the UDHR, the expansion and implementation of its Articles, its role in the prevention of violence, and its potential to address a changing world. As a whole, the publication serves two goals: on the one hand, it clarifies why the UDHR continues to be strongly relevant to the contemporary values, dynamics, and conditions of human rights in the 21st century; and, on the other hand, it illustrates how the UDHR and its Articles can be further adapted and implemented to uphold and safeguard human rights even in times when global politics often follow the siren songs of populism, authoritarianism, nativism, and extremism.

Europe's Migration Crisis

Author : Vicki Squire
Publisher : Cambridge University Press
Page : 255 pages
File Size : 54,7 Mb
Release : 2020-09-17
Category : Law
ISBN : 9781108835336

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Europe's Migration Crisis by Vicki Squire Pdf

Rejecting the assumption that migration is a 'crisis' for Europe, Squire explores alternative responses which provide openings for a renewed humanism.

Frontex and Non-Refoulement

Author : Roberta Mungianu
Publisher : Cambridge University Press
Page : 275 pages
File Size : 42,6 Mb
Release : 2016-08-18
Category : Law
ISBN : 9781107133570

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Frontex and Non-Refoulement by Roberta Mungianu Pdf

This book investigates the international responsibility of the EU in relation to the activities of the Frontex Border Agency.