Legal Mobilization For Human Rights

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Legal Mobilization for Human Rights

Author : Gráinne de Búrca
Publisher : Oxford University Press
Page : 145 pages
File Size : 49,8 Mb
Release : 2022-03-21
Category : Law
ISBN : 9780192691767

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Legal Mobilization for Human Rights by Gráinne de Búrca Pdf

The traditionally top-down focus in human rights scholarship on laws, institutions, and courts has begun to turn towards a bottom-up focus on activists, advocacy groups, affected communities, and social movements. The essays collected in Legal Mobilization for Human Rights examine a range of issues including which groups claim rights, what they are mobilizing to protect, the goals they pursue, the forums they use, the obstacles they encounter, and the extent of their success or failure. Case studies reveal key themes such as: the importance of human rights to marginalized communities; how political and societal authoritarianism shapes opportunities for effective mobilization; the importance of the choice of forum for instigating change; the role intermediary actors such as NGOs play in innovating strategies to address challenges; the possibilities for subaltern mobilization to reshape human rights law; and the importance of supporting genuinely community-led legal mobilization.

Mobilizing for Human Rights

Author : Beth A. Simmons
Publisher : Cambridge University Press
Page : 473 pages
File Size : 50,8 Mb
Release : 2009-10-29
Category : Law
ISBN : 9780521885102

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Mobilizing for Human Rights by Beth A. Simmons Pdf

Beth Simmons demonstrates through a combination of statistical analysis and case studies that the ratification of treaties generally leads to better human rights practices. She argues that international human rights law should get more practical and rhetorical support from the international community as a supplement to broader efforts to address conflict, development, and democratization.

Making Rights a Reality?

Author : Lisa Vanhala
Publisher : Cambridge University Press
Page : 313 pages
File Size : 44,5 Mb
Release : 2010-12-20
Category : Law
ISBN : 9781139497121

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Making Rights a Reality? by Lisa Vanhala Pdf

Making Rights a Reality? explores the way in which disability activists in the United Kingdom and Canada have transformed their aspirations into legal claims in their quest for equality. It unpacks shifting conceptualizations of the political identity of disability and the role of a rights discourse in these dynamics. In doing so, it delves into the diffusion of disability rights among grassroots organizations and the traditional disability charities. The book draws on a wealth of primary sources including court records and campaign documents and encompassing interviews with more than sixty activists and legal experts. While showing that the disability rights movement has had a significant impact on equality jurisprudence in two countries, the book also demonstrates that the act of mobilizing rights can have consequences, both intended and unintended, for social movements themselves.

Reframing Human Rights in a Turbulent Era

Author : Gráinne de Búrca
Publisher : Oxford University Press
Page : 257 pages
File Size : 52,9 Mb
Release : 2021-03-09
Category : Law
ISBN : 9780192640338

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Reframing Human Rights in a Turbulent Era by Gráinne de Búrca Pdf

In recent years, human rights have come under fire, with the rise of political illiberalism and the coming to power of populist authoritarian leaders in many parts of the world who contest and dismiss the idea of human rights. More surprisingly, scholars and public intellectuals, from both the progressive and the conservative side of the political spectrum, have also been deeply critical, dismissing human rights as flawed, inadequate, hegemonic, or overreaching. While acknowledging some of the shortcomings, this book presents an experimentalist account of international human rights law and practice and argues that the human rights movement remains a powerful and appealing one with widespread traction in many parts of the globe. Using three case studies to illuminate the importance and vibrancy of the movement around the world, the book argues that its potency and legitimacy rest on three main pillars: First, it is based on a deeply-rooted and widely appealing moral discourse that integrates the three universal values of human dignity, human welfare, and human freedom. Second, these values and their elaboration in international legal instruments have gained widespread - even if thin - agreement among states worldwide. Third, human rights law and practice is highly dynamic, with human rights being activated, shaped, and given meaning and impact through the on-going mobilization of affected individuals and groups, and through their iterative engagement with multiple domestic and international institutions and processes. The book offers an account of how the human rights movement has helped to promote human rights and positive social change, and argues that the challenges of the current era provide good reasons to reform, innovate, and strengthen that movement, rather than to abandon it or to herald its demise.

Legal Mobilization Under Authoritarianism

Author : Waikeung Tam
Publisher : Cambridge University Press
Page : 235 pages
File Size : 43,7 Mb
Release : 2013
Category : Education
ISBN : 9781107031999

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Legal Mobilization Under Authoritarianism by Waikeung Tam Pdf

Using post-colonial Hong Kong as a case study, this book examines why and how legal mobilization arises in authoritarian regimes.

To Fulfill These Rights

Author : Amaka Okechukwu
Publisher : Columbia University Press
Page : 287 pages
File Size : 51,9 Mb
Release : 2019-09-03
Category : Social Science
ISBN : 9780231544740

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To Fulfill These Rights by Amaka Okechukwu Pdf

In 2014 and 2015, students at dozens of colleges and universities held protests demanding increased representation of Black and Latino students and calling for a campus climate that was less hostile to students of color. Their activism recalled an earlier era: in the 1960s and 1970s, widespread campus protest by Black and Latino students contributed to the development of affirmative action and open admissions policies. Yet in the decades since, affirmative action has become a magnet for conservative backlash and in many cases has been completely dismantled. In To Fulfill These Rights, Amaka Okechukwu offers a historically informed sociological account of the struggles over affirmative action and open admissions in higher education. Through case studies of policy retrenchment at public universities, she documents the protracted—but not always successful—rollback of inclusive policies in the context of shifting race and class politics. Okechukwu explores how conservative political actors, liberal administrators and legislators, and radical students have defined, challenged, and transformed the racial logics of colorblindness and diversity through political struggle. She highlights the voices and actions of the students fighting policy shifts in on-the-ground accounts of mobilization and activism, alongside incisive scrutiny of conservative tactics and messaging. To Fulfill These Rights provides a new analysis of the politics of higher education, centering the changing understandings and practices of race and class in the United States. It is timely and important reading at a moment when a right-wing Department of Justice and Supreme Court threaten the end of affirmative action.

Unleashing the Force of Law

Author : Devyani Prabhat
Publisher : Springer
Page : 225 pages
File Size : 47,9 Mb
Release : 2016-03-18
Category : Law
ISBN : 9781137455741

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Unleashing the Force of Law by Devyani Prabhat Pdf

Basic freedoms cannot be abandoned in times of conflict, or can they? Are basic freedoms routinely forsaken during times when there are national security concerns? These questions present different conundrums for the legal profession, which generally values basic freedoms but is also part of the architecture of emergency legal frameworks. Unleashing the Force of Law uses multi-jurisdiction empirical data and draws on cause lawyering, political lawyering and Bourdieusian juridical field literature to analyze the invocation of legal norms aimed at the protection of basic freedoms in times of national security tensions. It asks three main questions about the protection of basic freedoms. First, when do lawyers mobilize for the protection of basic freedoms? Second, in what kind of mobilization do they engage? Third, how do the strategies they adopt relate to the outcomes they achieve? Covering the last five decades, the book focusses on the 1980s and the Noughties through an analysis of legal work for two groups of independence seekers in the 1980s, namely, Republican (mostly Catholic) separatists in Northern Ireland and Puerto Rican separatists in the US, and on post-9/11 issues concerning basic freedoms in both countries

Rights at Work

Author : Michael W. McCann
Publisher : University of Chicago Press
Page : 704 pages
File Size : 53,9 Mb
Release : 1994-07-15
Category : Business & Economics
ISBN : 0226555712

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Rights at Work by Michael W. McCann Pdf

McCann explains how wage discrimination battles have raised public legal consciousness and helped reform activists mobilize working women in the pay equity movement over the past two decades. Rights at Work explores the political strategies in more than a dozen pay equity struggles since the late 1970s, including battles of state employees in Washington and Connecticut, as well as city employees in San Jose and Los Angeles. Relying on interviews with over 140 union and feminist activists, McCann shows that, even when the courts failed to correct wage discrimination, litigation and other forms of legal advocacy provided reformers with the legal discourse--the understanding of legal rights and their constraints--for defining and advancing their cause.

Law and Social Movements

Author : Michael McCann
Publisher : Routledge
Page : 1001 pages
File Size : 54,8 Mb
Release : 2017-07-05
Category : Law
ISBN : 9781351560733

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Law and Social Movements by Michael McCann Pdf

The work of both socio-legal scholars and specialists working in social movements research continues to contribute to our understanding of how law relates to and informs the politics of social movements. In the 1990s, an important line of new research, most of it initiated by those working in the law and society tradition, began to bridge the gaps between these two areas of scholarship. This work includes new approaches to group ?legal mobilization? politics; analysis of the judicial impact on social reform struggles; studies of individual legal mobilization in civil disputing and an almost entirely new area of research in ?cause lawyering?. It brings together the best of this research introduced by a detailed essay by the editor.

Feminist Activism in the Supreme Court

Author : Christopher P. Manfredi
Publisher : UBC Press
Page : 276 pages
File Size : 54,6 Mb
Release : 2004
Category : Education
ISBN : 0774809477

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Feminist Activism in the Supreme Court by Christopher P. Manfredi Pdf

Since 1980, the Canadian women's movement has been an active participant in consitutional politics and Charter litigation. This book, through its focus on the Women's Legal Education and Action Fund (LEAF), presents a compelling examination of how Canadian feminists became key actors in developing the constitutional doctrine of equality, and how they mobilized that doctrine to support the movement's policy agenda. The case of LEAF, an organization that has as its goal the use of Charter litigation to influence legal rules and public policy, provides rich ground for Christopher Manfredi's keen analysis of legal mobilization. In a multitude of areas such as abortion, pornography, sexual assault, family law, and gay and lesbian rights, LEAF has intervened before the Supreme Court to bring its understanding of equality to bear on legal policy development. This study offers a deft examination of LEAF's arguments and seeks to understand how they affected the Court's consideration of the issues. Perhaps most important, it also contemplates the long-term effects of the mobilization, and considers the social impact of the legal doctrine that has emerged from LEAF cases. A major contribution to law and society studies, Feminist Activism in the Supreme Court is unparalleled in its analysis of legal mobilization as an effective strategy for social movements. It will be widely read and welcomed by legal scholars, political scientists, lawyers, feminists, and activists.

European Court of Human Rights

Author : Dia Anagnostou
Publisher : Edinburgh University Press
Page : 256 pages
File Size : 45,6 Mb
Release : 2013-04-22
Category : Law
ISBN : 9780748670581

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European Court of Human Rights by Dia Anagnostou Pdf

Since the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. One of the most remarkable characteristics of the European Convention of Human Rights and its highly acclaimed judicial tribunal in Strasbourg is the extensive obligations of the contracting states to give observable effect to its judgments. Dia Anagnostou explores the domestic execution of the European Court of Human Rights' judgments and dissects the variable patterns of implementation within and across states. She relates how marginalised individuals, civil society and minority actors strategically take recourse in the Strasbourg Court to challenge state laws, policies and practices. These bottom-up dynamics influencing the domestic implementation of human rights have been little explored in the scholarly literature until now. By adopting an inter-disciplinary perspective, Anagnostou goes beyond the existing studies--mainly legal and descriptive--and contributes to the flourishing scholarship on human rights, courts and legal processes, and their consequences for national politics.

The Mobilization of Shame

Author : Robert F. Drinan
Publisher : Yale University Press
Page : 260 pages
File Size : 55,5 Mb
Release : 2001-01-01
Category : Political Science
ISBN : 0300093195

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The Mobilization of Shame by Robert F. Drinan Pdf

13 The Right to Food

The Social Constitution

Author : Whitney K. Taylor
Publisher : Cambridge University Press
Page : 277 pages
File Size : 53,7 Mb
Release : 2023-06-30
Category : Law
ISBN : 9781009367769

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The Social Constitution by Whitney K. Taylor Pdf

Shows how legal mobilization embeds constitutions in everyday life, pushing newly codified rights from words on paper to meaningful tools.

Closing the Rights Gap

Author : LaDawn Haglund,Robin Stryker
Publisher : Univ of California Press
Page : 392 pages
File Size : 45,8 Mb
Release : 2015-03-21
Category : Social Science
ISBN : 9780520958920

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Closing the Rights Gap by LaDawn Haglund,Robin Stryker Pdf

Do "human rights"—as embodied in constitutions, national laws, and international agreements—foster improvements in the lives of the poor or otherwise marginalized populations? When, where, how, and under what conditions? Closing the Rights Gap: From Human Rights to Social Transformation systematically compares a range of case studies from around the world in order to clarify the conditions under which—and institutions through which—economic, social, and cultural rights are progressively realized in practice. It concludes with testable hypotheses regarding how significant transformative change might occur, as well as an agenda for future research to facilitate rights realization worldwide.

The Rights Revolution

Author : Charles R. Epp
Publisher : University of Chicago Press
Page : 343 pages
File Size : 40,8 Mb
Release : 2020-05-14
Category : Law
ISBN : 9780226772424

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The Rights Revolution by Charles R. Epp Pdf

It is well known that the scope of individual rights has expanded dramatically in the United States over the last half-century. Less well known is that other countries have experienced "rights revolutions" as well. Charles R. Epp argues that, far from being the fruit of an activist judiciary, the ascendancy of civil rights and liberties has rested on the democratization of access to the courts—the influence of advocacy groups, the establishment of governmental enforcement agencies, the growth of financial and legal resources for ordinary citizens, and the strategic planning of grass roots organizations. In other words, the shift in the rights of individuals is best understood as a "bottom up," rather than a "top down," phenomenon. The Rights Revolution is the first comprehensive and comparative analysis of the growth of civil rights, examining the high courts of the United States, Britain, Canada, and India within their specific constitutional and cultural contexts. It brilliantly revises our understanding of the relationship between courts and social change.