Coercive Human Rights

Author : Laurens Lavrysen,Natasa Mavronicola
Publisher : Bloomsbury Publishing
Page : 323 pages
File Size : 41,8 Mb
Release : 2020-11-12
Category : Law
ISBN : 9781509937899

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Coercive Human Rights by Laurens Lavrysen,Natasa Mavronicola Pdf

Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.

Author : Evan Stark
Publisher : Oxford University Press
Page : 465 pages
File Size : 46,6 Mb
Release : 2009
Category : Family & Relationships
ISBN : 9780195384048

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Coercive Control by Evan Stark Pdf

Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.

Author : Bernadette Mcsherry,Ian Freckelton
Publisher : Routledge
Page : 367 pages
File Size : 45,9 Mb
Release : 2013-06-26
Category : Law
ISBN : 9781135016579

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Coercive Care by Bernadette Mcsherry,Ian Freckelton Pdf

There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.

Author : David Barnhizer
Publisher : Routledge
Page : 261 pages
File Size : 48,7 Mb
Release : 2017-11-01
Category : Law
ISBN : 9781351788069

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Effective Strategies for Protecting Human Rights by David Barnhizer Pdf

This title was first published in 2001: This book brings together the experiences of a diverse range of leading human rights advocates and activists to demonstrate strategies for protecting human rights. The volume identifies strategic problems and approaches and offers a range of strategies that hold promise for sanctioning human rights offenders and for inhibiting the behaviour of those who might otherwise engage in such activities. The contributors include, inter alia, Noam Chomsky, Justice Richard Goldstone of the Constitutional Court of South Africa who served as Chief Prosecutor of the UN War Crimes Tribunals for the former Yugoslavia and Rwanda, and David Rawson, United States Ambassador to Rwanda during the tragic genocide. Those who work in the disparate field of human rights increasingly understand the need to see the system strategically rather than piecemeal. This volume captures their insights and looks at both private and public actors, including the uses and limitations of international fora to prosecute violations. The focus is expanded to include private actions because political issues too often interfere with enforcement of human rights laws - allowing violators to hide behind the unwillingness of national governments to take action.

Author : Sjors Ligthart
Publisher : Cambridge University Press
Page : 309 pages
File Size : 46,9 Mb
Release : 2022-09-01
Category : Law
ISBN : 9781009252461

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Coercive Brain-Reading in Criminal Justice by Sjors Ligthart Pdf

Emerging neurotechnology offers increasingly individualised brain information, enabling researchers to identify mental states and content. When accurate and valid, these brain-reading technologies also provide data that could be useful in criminal legal procedures, such as memory detection with EEG and the prediction of recidivism with fMRI. Yet, unlike in medicine, individuals involved in criminal cases will often be reluctant to undergo brain-reading procedures. This raises the question of whether coercive brain-reading could be permissible in criminal law. Coercive Brain-Reading in Criminal Justice examines this question in view of European human rights: the prohibition of ill-treatment, the right to privacy, freedom of thought, freedom of expression, and the privilege against self-incrimination. The book argues that, at present, the established framework of human rights does not exclude coercive brain-reading. It does, however, delimit the permissible use of forensic brain-reading without valid consent. This cautionary, cutting-edge book lays a crucial foundation for understanding the future of criminal legal proceedings in a world of ever-advancing neurotechnology.

Author : Alfred W. McCoy
Publisher : University of Wisconsin Pres
Page : 423 pages
File Size : 50,8 Mb
Release : 2012-08-24
Category : Political Science
ISBN : 9780299288532

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Torture and Impunity by Alfred W. McCoy Pdf

Many Americans have condemned the “enhanced interrogation” techniques used in the War on Terror as a transgression of human rights. But the United States has done almost nothing to prosecute past abuses or prevent future violations. Tracing this knotty contradiction from the 1950s to the present, historian Alfred W. McCoy probes the political and cultural dynamics that have made impunity for torture a bipartisan policy of the U.S. government. During the Cold War, McCoy argues, the U.S. Central Intelligence Agency covertly funded psychological experiments designed to weaken a subject’s resistance to interrogation. After the 9/11 terrorist attacks, the CIA revived these harsh methods, while U.S. media was flooded with seductive images that normalized torture for many Americans. Ten years later, the U.S. had failed to punish the perpetrators or the powerful who commanded them, and continued to exploit intelligence extracted under torture by surrogates from Somalia to Afghanistan. Although Washington has publicly distanced itself from torture, disturbing images from the prisons at Abu Ghraib and Guantanamo are seared into human memory, doing lasting damage to America’s moral authority as a world leader.

Author : Marilyn McMahon,Paul McGorrery
Publisher : Springer Nature
Page : 265 pages
File Size : 50,7 Mb
Release : 2020-02-28
Category : Social Science
ISBN : 9789811506536

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Criminalising Coercive Control by Marilyn McMahon,Paul McGorrery Pdf

This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.

Author : Jeremy McBride
Publisher : Council of Europe
Page : 529 pages
File Size : 51,7 Mb
Release : 2018-06-18
Category : Political Science
ISBN : 9789287187413

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Human rights and criminal procedure by Jeremy McBride Pdf

A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.

Author : Claude Cahn
Publisher : Martinus Nijhoff Publishers
Page : 317 pages
File Size : 42,9 Mb
Release : 2014-10-16
Category : Law
ISBN : 9789004280342

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Human Rights, State Sovereignty and Medical Ethics by Claude Cahn Pdf

Human Rights, State Sovereignty and Medical Ethics: Examining Struggles Around Coercive Sterilisation of Romani Women examines the mobilized use by people and groups of the international human rights law framework to move legal, policy and ultimately social change at national and local level. One particular case study is examined in detail: efforts by Romani women in the Czech Republic and Slovakia to secure legal remedy for coercive sterilization. International legal aspects of these cases are examined in detail. The book concludes by endeavouring to answer questions concerning the nature of international law and the evolution of the post-World War II international human rights framework, the structure of national sovereignty, and the potential impact of both on human autonomy.

Author : Andrew Molodynski,Jorun Rugkåsa,Tom Burns
Publisher : Oxford University Press
Page : 369 pages
File Size : 49,6 Mb
Release : 2016
Category : Medical
ISBN : 9780198788065

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Coercion in Community Mental Health Care by Andrew Molodynski,Jorun Rugkåsa,Tom Burns Pdf

The use of coercion is one of the defining issues of mental health care. Since the earliest attempts to contain and treat the mentally ill, power imbalances have been evident and a cause of controversy. There has always been a delicate balance between respecting autonomy and ensuring that those who most need treatment and support are provided with it. Coercion in Community Mental Health Care: International Perspectives is an essential guide to the current coercive practices worldwide, both those founded in law and those 'informal' processes whose coerciveness remains contested. It does so from a variety of perspectives, drawing on diverse disciplines such as history, law, sociology, anthropology and medicine to provide a comprehensive summary of the current debates in the field. Edited by leading researchers in the field, Coercion in Community Mental Health Care: International Perspectives provides a unique discussion of this prominent issue in mental health. Divided into five sections covering origins and extent, evidence, experiences, context and international perspectives this is ideal for mental health practitioners, social scientists, ethicists and legal professionals wishing to expand their knowledge of the subject area.

Author : David Barnhizer
Publisher : Unknown
Page : 128 pages
File Size : 42,8 Mb
Release : 2001
Category : Human rights
ISBN : 075462207X

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Effective Strategies for Protecting Human Rights: Economic sanctions, use of national courts and international foraand coercive power by David Barnhizer Pdf

Author : Charlotte Barlow,Sandra Walklate
Publisher : Routledge
Page : 90 pages
File Size : 55,6 Mb
Release : 2022-01-18
Category : Social Science
ISBN : 9781000555080

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Coercive Control by Charlotte Barlow,Sandra Walklate Pdf

This book offers a critical appreciation of the nature and impact of coercive control in interpersonal relationships. It examines what this concept means, who is impacted by the behaviours it captures, and how academics, policymakers, and policy advocates have responded to the increasing recognition of the deleterious effects that coercive control has on especially women’s lives. The book discusses the historical emergence of this concept, who its main proponents have been, and how its effects have been understood. It considers the role of coercive control in making sense of women’s pathway into crime as well as their experiences of it as victims. Coercive control has been presented predominantly as a gendered process, and consideration is given in this book to the efficacy of this assumption as well as the extent to which the concept makes sense for a wide constituency of marginalized women. In recent years, much energy has been given to efforts to criminalize coercive control, and the concerns that these efforts generate are discussed in detail, alongside what the limitations to such initiatives might be. In conclusion, the book situates the rising pre-occupation with coercive control within the broader concerns with policy transfer, ways of taking account of victim-survivor voices, alongside the importance of working towards more holistic policy responses to violence(s) against women. The book will be of particular interest to academics, policymakers, and practitioners working in criminal justice who wish to understand both the nature and extent of coercive control and the importance of appreciating the role of nuance in translating that understanding into practice.

Author : Benjamin Gregg
Publisher : University of Pennsylvania Press
Page : 296 pages
File Size : 51,8 Mb
Release : 2016-04-12
Category : Political Science
ISBN : 9780812248050

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The Human Rights State by Benjamin Gregg Pdf

The nation-state operates on a logic of exclusion: no state can offer citizenship and rights to all people in the world. In The Human Rights State, Benjamin Gregg proposes ways to decouple rights from citizenship, preserving the nation state, in modified form, and allowing human rights to become part of its domestic constitution.

Author : Leonie Reins
Publisher : Springer
Page : 313 pages
File Size : 54,8 Mb
Release : 2019-03-21
Category : Law
ISBN : 9789462652798

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Regulating New Technologies in Uncertain Times by Leonie Reins Pdf

This book deals with questions of democracy and governance relating to new technologies. The deployment and application of new technologies is often accompanied with uncertainty as to their long-term (un)intended impacts. New technologies also raise questions about the limits of the law as the line between harmful and beneficial effects is often difficult to draw. The volume explores overarching concepts on how to regulate new technologies and their implications in a diverse and constantly changing society, as well as the way in which regulation can address differing, and sometimes conflicting, societal objectives, such as public health and the protection of privacy. Contributions focus on a broad range of issues such as Citizen Science, Smart Cities, big data, and health care, but also on the role of market regulation for new technologies.The book will serve as a useful research tool for scholars and practitioners interested in the latest developments in the field of technology regulation. Leonie Reins is Assistant Professor at the Tilburg Institute for Law, Technology, and Society (TILT) in The Netherlands.

Author : Anna Arstein-Kerslake (Ed.)
Publisher : MDPI
Page : 241 pages
File Size : 43,8 Mb
Release : 2018-11-14
Category : Electronic books
ISBN : 9783038972501

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Disability Human Rights Law 2018 by Anna Arstein-Kerslake (Ed.) Pdf

This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws