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Author : Gráinne De Búrca
Publisher : Unknown
Page : 128 pages
File Size : 43,8 Mb
Release : 2021
Category : Electronic
ISBN : 0192640321
Author : Gráinne de Búrca
Publisher : Oxford University Press
Page : 257 pages
File Size : 42,8 Mb
Release : 2021-03-09
Category : Law
ISBN : 9780192640338
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.
Author : Jolyon Ford
Publisher : Taylor & Francis
Page : 171 pages
File Size : 52,9 Mb
Release : 2023-09-15
Category : Law
ISBN : 9781000931211
For decades, framing an issue as a ‘human rights’ issue carried certain power and effect in politics and international relations, one that has been challenged by the recent rise of populist political forces. Ford explores the recent impact of populist politics on the universalist human rights project, in particular, how scholars have framed and responded to this challenge. Ford offers a provocation to the human rights movement. Rather than ‘what have populists done to human rights?’, it asks ‘how did we, the human rights movement, do this to ourselves?’ How did fundamental protections for all become so easily scapegoated as ‘us and them,’ as claims of small, often foreign, minorities? Did human rights lose some vital connection to ordinary people’s interests, their value taken as obvious and self-explanatory? Looking forward, the book asks how – in a post-truth ‘fake news’ world – we might reimagine human rights as underpinning human flourishing as well as important constraints on public and private concentrations of power. Traversing relevant scholarly literature on the future of human rights and zooming out to look at wider patterns of political and diplomatic discourse, this book will speak to policymakers, diplomats, journalists, and human rights advocates – and all interested in the crisis of liberal democracies.
Author : Tonia Novitz
Publisher : Edward Elgar Publishing
Page : 397 pages
File Size : 47,7 Mb
Release : 2024-04-12
Category : Law
ISBN : 9781786430533
Examining the relationship between trade and labour regulation in light of the pressing need to promote sustainable development, Tonia Novitz interrogates how international legal architecture could be reformed so that no one in the world of work gets left behind. She highlights the dangers of pursuing labour and environmental issues on parallel tracks without recognising how they interact, ultimately arguing for the crafting of the content and application of trade rules through participatory processes, which involve the inclusive representation of all sectors of the labour market and all parts of the world.
Author : Michael J. Perry
Publisher : Edward Elgar Publishing
Page : 173 pages
File Size : 54,7 Mb
Release : 2023-05-09
Category : Law
ISBN : 9781035306275
This is an open access title available under the terms of a CC BY-NC-ND 4.0 License. It is free to read, download and share on Elgaronline.com. This forward-thinking book illustrates the complexities of the morality of human rights. Emphasising the role of human rights as the only true global political morality to arise since the Second World War, chapters explore its role as applied to often controversial issues, such as capital punishment, the exclusion of same-sex couples from civil marriage and criminal abortion bans.
Author : Dia Anagnostou
Publisher : Taylor & Francis
Page : 241 pages
File Size : 45,7 Mb
Release : 2022-10-27
Category : Law
ISBN : 9781000688689
Prompted by an unprecedented rise of litigation since the 1990s, this book examines how the European Convention of Human Rights (ECHR) system and the Strasbourg Court interact with states and non-governmental actors to influence domestic change. Focusing on European Court of Human Rights litigation and state implementation of judgments related to minority discrimination and asylum/migration, it argues that a fundamental transformation of the Convention system has been under way. Repeat and strategic litigation, shifting methods of supervision and state implementation to remedy systemic violations, and above all the growing engagement of civil society and non-governmental actors, have prompted a distinctive trend of human rights experimentalism. The emergence of experimentalism has profound implications for the legitimacy, effectiveness and further reform of the ECHR system. This study provides an original constitutive account of regional human rights regimes and how they are activated by societal actors to claim rights, advance case law, and pressure for domestic legal and policy change. It will be of interest to international law and international relations scholars, political scientists, specialists on the ECHR, the Strasbourg Court, as well as to scholars interested in the human rights of immigrants and minorities.
Author : Anonim
Publisher : BRILL
Page : 1088 pages
File Size : 46,6 Mb
Release : 2022-12-30
Category : Law
ISBN : 9789004516786
This book focuses, for the first time ever, on the protection roles of human rights NGOs since the establishment of the United Nations and the adoption of the Universal Declaration of Human Rights. It also looks at how NGOs are responding to future challenges such as artificial Intelligence, robots in armed conflicts, digital threats, and the protection of human rights in outer space. Written by leading NGO human rights practitioners from different parts of the world, it sheds light on the multiple roles of the leading pillar of the global human rights movement, the Non-Governmental Organizations.
Author : Janne Nijman,Barbara Oomen,Elif Durmuş,Sara Miellet,Lisa Roodenburg
Publisher : Taylor & Francis
Page : 251 pages
File Size : 55,9 Mb
Release : 2022-11-14
Category : Social Science
ISBN : 9781000774726
Increasingly, urban actors invoke human rights to address inequalities, combat privatisation, and underline common aspirations, or to protect vested (private) interests. The potential and the pitfalls of these processes are conditioned by the urban, and deeply political. These urban politics of human rights are at the heart of this book. An international line-up of contributors with long-term engagement in this field shed light on these politics in cities on four continents and eight cities, presenting a wealth of empirical detail and disciplinary theoreticalisation perspectives. They analyse the ‘city society’, the urban actors involved, and the mechanisms of human rights mobilisation. In doing so, they show the commonalities in rights engagement in today’s globalised and often deeply unequal cities characterised by urban law, private capital but also communities that rally around concepts as the ‘right to the city’. Most importantly, the chapters highlight the conditions under which this mobilisation truly contributes to social justice, be it concerning the simple right to presence, cultural rights, accessible housing or – in times of COVID – health care. Urban Politics of Human Rights provides indispensable reading for anyone with a practical or theoretical interest in the complex, deeply political, and at times also truly promising interrelationship between human rights and the urban. Creative Commons Attribution-Non Commercial-No Derivatives 4.0 license.
Author : Nehal Bhuta
Publisher : Oxford University Press
Page : 257 pages
File Size : 51,8 Mb
Release : 2024-03-12
Category : Law
ISBN : 9780198901945
At a time of intense polarisation about the value of human rights, this edited volume brings together leading scholars in international law and international human rights to reflect upon the present, the recent and distant past, and the future of human rights. Human Rights in Transition combines rich theoretical reflections with practice-informed observations about human rights and their potential futures. The book eschews the polarized and one-sided approach which can too easily dominate either side of the debate. Instead, drawing on deep learning and a range of engagements with human rights institutions, the authors develop a prognosis for contours of human rights law and politics, and its impacts, in the current conjuncture. The book charts new ways to consider human rights in the concrete areas of specific rights such as social and economic rights, institutional settings (the EU and the UN treaty bodies), and agendas, namely feminism and climate change. The results are a very rich set of essays which delve deeply into specific topics in human rights law and practice, and work outwards from a rigorous analysis of the past and present, to an argument about how to think about the future. Sensitive and thought-provoking, this book will fast become a defining volume on questions about the role of human rights in the past, present, and future and will remain valuable to anyone interested in understanding, diagnosing, and ultimately acting to help bring about, the possible futures of human rights.
Author : Gráinne De Búrca
Publisher : Oxford University Press
Page : 145 pages
File Size : 44,5 Mb
Release : 2022
Category : Human rights
ISBN : 9780192866578
This book is based on the specialized courses during the 2019 AEL summer course on Human Rights Law
Author : Ronagh J.A. McQuigg
Publisher : Taylor & Francis
Page : 115 pages
File Size : 43,7 Mb
Release : 2024-01-16
Category : Law
ISBN : 9781040003572
This book provides detailed analysis of the applicability of the provisions of the European Convention on Human Rights to issues raised by the COVID-19 pandemic. It encompasses in-depth discussion of the emerging jurisprudence of the European Court of Human Rights relating to issues arising from the pandemic. To date, a substantial number of complaints concerning such issues have been made to the Court. Human rights claims in the context of the pandemic fall into two broad categories: those based on arguments that states did not put in place sufficient measures to protect individuals from the virus and those entailing arguments that the measures put in place themselves involved breaches of rights. The essential question with which the European Court of Human Rights must grapple is how to adjudicate on the correct balance which should have been struck. The book argues that the Court should be cautious of finding breaches of the European Convention on Human Rights in cases involving public restrictions which were applied for the purpose of protecting life and health in response to a global pandemic. If the concept of a human rights violation is defined too broadly, it dilutes the seriousness of such a breach. In particular, it is argued that to preserve the legitimacy of human rights law, the Court must be cautious of applying an overly narrow margin of appreciation in such cases. The work will be of interest to academics, researchers and policymakers working in the area of human rights.
Author : Gentian Zyberi,Johan Karlsson Schaffer,Carola Lingaas,Eduardo Sánchez Madrigal
Publisher : Taylor & Francis
Page : 310 pages
File Size : 42,8 Mb
Release : 2023-07-31
Category : Political Science
ISBN : 9781000912395
This book aims to prospectively conjecture about what the coming decades may hold for human rights. The authors in this volume discern where current trends are likely to lead and try to make sense of the future they herald. Human rights – as a legal, political, and social practice – have experienced significant achievements and successes, some notable setbacks and failures, and numerous unprecedented and unforeseen events and developments. Sceptics even claim that the idea of human rights has failed to deliver on its radical promise of emancipation. The chapters in this volume deal with ways to reimagine the existing human rights framework, the future of the African human rights system, the place of human rights in economic policy-making, reparations for chattel slavery, and the right to free education for all children. The thematic and disciplinary breadth of contributions makes this book a resource for scholars, practitioners, and students alike. In analysing and critically discussing matters of climate change, right to a healthy environment, preventing disasters and building resilience, and resource management it provides timely and important contributions. However, the book does not limit itself to discussing current-day challenges, it also covers issues concerning the regulation of artificial intelligence and algorithmic decision-making, as well as potential paths in the future relationship between the African and the European Human Rights Court. Reflections on the Future of Human Rights will be beneficial to students, scholars, and researchers interested in international law, human rights, and politics. Overall, the book is suitable for anyone interested in human rights and their evolution in theory and practice. The chapters in this book were originally published as a special issue of Nordic Journal of Human Rights.
Author : Virginia Mantouvalou
Publisher : Oxford University Press
Page : 209 pages
File Size : 48,9 Mb
Release : 2023-03-14
Category : Law
ISBN : 9780192671394
When discussing exploitation in workplaces, governments typically deploy a rhetoric of personal responsibility: they place attention on employers who take advantage of workers, or on workers who choose non-standard, precarious work arrangements. On this account, the responsibility of the state is to address the harm inflicted by private actors. This book questions that approach and develops the concept of 'state-mediated structural injustice at work': a phenomenon which manifests when legislation that has an appearance of legitimacy, in fact has very damaging effects for large numbers of people and results in structures of exploitation at work. Using a series of examples such as migrant workers, captive workers, people under welfare conditionality schemes, and other precarious workers, Mantouvalou shows how the law creates these structures of injustice, entrenching long-term, standard, and routine exploitation. She also assesses these examples against human rights principles, including civil, political, economic, and social rights. The ultimate aim of the work is to show that these structures routinely lead to workers' exploitation which may in turn give rise to state responsibility for human rights violations and to argue that there is a pressing need for reform.
Author : José E. Alvarez,Herbert and Rose Rubin Professor of Law José E Alvarez,Judith Bauder
Publisher : Oxford University Press
Page : 433 pages
File Size : 54,7 Mb
Release : 2024
Category : Law
ISBN : 9780197751879
For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.
Author : Anonim
Publisher : Oxford University Press
Page : 401 pages
File Size : 47,9 Mb
Release : 2023-11-16
Category : Law
ISBN : 9780198877912
How does international law change? How does it adapt to meet global challenges in a volatile social and political context? The Many Paths of Change in International Law offers fresh, theoretically informed, and empirically rich answers to these questions. It traces drivers, conditions, and consequences of change across the different fields of international law and paints a complex and varied picture very much in contrast with the relatively static imagery prevalent in many accounts today. Drawing on inspirations from international law, international relations, sociology, and legal theory, this book explores how international law changes through means other than treaty-making. Highlighting the social dynamics through which different areas and institutional contexts have generated their own pathways, it presents a theoretical framework for tracing change processes and the conditions that affect their success. Based on this framework, each contribution illuminates the paths of change we observe in contemporary international law. The explorations centre on strategies, forms, forces, and social contexts and draw on primary source material and in-depth case studies. Overall, the volume offers a fascinating account of an international legal order in flux-with a dynamic not captured through traditional doctrinal lenses-and helps situate change processes and their varied implications in international law and politics. A relevant book for everyone wanting to understand change and its consequences in international law. This is an open access title. It is made available under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International licence. It is available to read and download as a PDF version on the Oxford Academic platform.