Contested Secessions Rights

The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.

The rise of neoliberal policy and practice simultaneous to the growing recognition of economic and social rights presents a puzzle. Can the rights to food, water, health education, decent work, social security and the benefits of science prevail against market fundamentalism? Economic and Social Rights in a Neoliberal World is about the potential of these rights to contest the adverse impacts of neoliberal policy and practice on human wellbeing. Cutting across several lines of human rights literature, the chapters address norm development, court decision making, policymaking, advocacy, measurement and social mobilization. The analyses reveal that neoliberalism infiltrates management practices, changes international policy goals, flattens public school curriculum and distorts the outputs of UN human rights treaty bodies. Are economic and social rights successful in challenging neoliberalism, are they simply marginalized or are they co-opted and incorporated into neoliberal frameworks? T

Human Rights Tectonics. Global Perspectives on Integration and Fragmentation is a collaborative effort of internationally renowned Human Rights experts who analyse the effectiveness of legal protectio

Environmental rights, also known as the human rights or constitutional rights that are used for the protection of the environment, have proliferated over the last forty-five years. However, the precise levels of protection that they represent has since been a major question associated with this phenomenon. Environmental Rights: The Development of Standards systematically investigates this question by analyzing the emerging standards of environmental protection that are associated with such rights and the way that those associations are becoming formalized. It covers all of the relevant human rights treaties to illustrate how environmental rights standards are emerging in this dynamic area. Bringing together an elite group of scholars, this book discusses significant new insights into the way that environmental rights are developing, the standards of protection that they confer, and the way that standards in the field of environmental rights can potentially be further developed in the f

Over time there has been a miscommunication between mainstream economics and human rights that has paved the way to a justificatory ideology that validates the submission of human rights to the logic

As human rights discourse increasingly focuses on the institutions that promote and support the human rights machinery that states have created, this volume serves to recall that despite the growing s

The rights revolution in the United States consisted of both sweeping changes in constitutional doctrines and landmark legislative reform, followed by decades of innovative implementation in every branch of the federal government - Congress, agencies, and the courts. In recent years, a growing number of political scientists have sought to integrate studies of the rights revolution into accounts of the contemporary American state. In The Rights Revolution Revisited, a distinguished group of political scientists and legal scholars explore the institutional dynamics, scope, and durability of the rights revolution. By offering an inter-branch analysis of the development of civil rights laws and policies that features the role of private enforcement, this volume enriches our understanding of the rise of the 'civil rights state' and its fate in the current era.

The future of economic and social rights is unlikely to resemble its past. Neglected within the human rights movement, avoided by courts, and subsumed within a single-minded conception of development as economic growth, economic and social rights enjoyed an uncertain status in international human rights law and in the public laws of most countries. However, today, under conditions of immense poverty, insecurity, and political instability, the rights to education, health care, housing, social security, food, water, and sanitation are central components of the human rights agenda. The Future of Economic and Social Rights captures the significant transformations occurring in the theory and practice of economic and social rights, in constitutional and human rights law. Professor Katharine G. Young brings together a group of distinguished scholars from diverse disciplines to examine and advance the broad research field of economic and social rights that incorporates legal, political science

The European Convention on Human Rights is one of the world's most important and influential human rights documents. It owes its value mainly to the European Court of Human Rights, which applies the Convention rights in individual cases. This book offers a clear insight into the concepts and principles that are key to understanding the European Convention and the Court's case-law. It explains how the Court generally approaches the many cases brought before it and which tools help it to decide on these cases, illustrated by numerous examples taken from the Court's judgements. Core issues discussed are the types of Convention rights (such as absolute rights); the structure of the Court's Convention rights review; principles and methods of interpretation (such as common ground interpretation and the use of precedent); positive and negative obligations; vertical and horizontal effect; the margin of appreciation doctrine; and requirements for the restriction of Convention rights.

The adoption of the ASEAN Charter in 2007 represented a watershed moment in the organisation's history - for the first time the member states explicitly included principles of human rights and democracy in a binding regional agreement. Since then, developments in the region have included the creation of the ASEAN Intergovernmental Commission on Human Rights in 2009 and the adoption of the ASEAN Human Rights Declaration in 2012. Despite these advances, many commentators ask whether ASEAN can take human rights seriously. The authors explore this question by comprehensively examining the new ASEAN human rights mechanisms in the context of existing national and international human rights institutions. This book places these regional mechanisms and commitments to human rights within the framework of the political and legal development of ASEAN and its member states and considers the way in which ASEAN could strengthen its new institutions to better promote and protect human rights.

For the first time, Human Rights and Tax in an Unequal World brings together works by human rights and tax law experts, to illustrate the linkages between the two fields and to reveal their mutual rel

For the first time, Human Rights and Tax in an Unequal World brings together works by human rights and tax law experts, to illustrate the linkages between the two fields and to reveal their mutual rel

The development of human rights norms is one of the most significant achievements in international relations and law since 1945, but the continuing influence of human rights is increasingly being questioned by authoritarian governments, nationalists, and pundits. Unfortunately, the proliferation of new rights, linking rights to other issues such as international crimes or the activities of business, and attempting to address every social problem from a human rights perspective risk undermining their credibility. Rescuing Human Rights calls for understanding 'human rights' as international human rights law and maintaining the distinctions between binding legal obligations on governments and broader issues of ethics, politics, and social change. Resolving complex social problems requires more than simplistic appeals to rights, and adopting a 'radically moderate' approach that recognizes both the potential and the limits of international human rights law, offers the best hope of preservin

The development of human rights norms is one of the most significant achievements in international relations and law since 1945, but the continuing influence of human rights is increasingly being questioned by authoritarian governments, nationalists, and pundits. Unfortunately, the proliferation of new rights, linking rights to other issues such as international crimes or the activities of business, and attempting to address every social problem from a human rights perspective risk undermining their credibility. Rescuing Human Rights calls for understanding 'human rights' as international human rights law and maintaining the distinctions between binding legal obligations on governments and broader issues of ethics, politics, and social change. Resolving complex social problems requires more than simplistic appeals to rights, and adopting a 'radically moderate' approach that recognizes both the potential and the limits of international human rights law, offers the best hope of preservin

This is the second edition of the acclaimed Security and Human Rights, first published in 2007. Reconciling issues of security with a respect for fundamental human rights has become one of the key cha

Contested Issues in Troubled Times provides student affairs educators with frameworks to constructively think about and navigate the contentious climate they are increasingly encountering on campus.Th

A history of the successes of the human rights movement and a case for why human rights workEvidence for Hope makes the case that yes, human rights work. Critics may counter that the movement is in se

Contested Issues in Troubled Times provides student affairs educators with frameworks to constructively think about and navigate the contentious climate they are increasingly encountering on campus.Th

A progressive argument for repealing the Human Rights Act.

In popular, legal, and academic discourses, the term "human rights" is now almost always discussed in relation to its opposite: human rights abuses. Syllabi, textbooks, and articles focus largely on v

In Human Rights and Participatory Politics in Southeast Asia, Catherine Renshaw recounts an extraordinary period of human rights institution-building in Southeast Asia. She begins her account in 2007,

In Social Rights of Children in Europe Katharina Häusler provides a thorough analysis of how the major European human rights bodies interpret children’s basic social rights and thus unfolds the main c

Cultural rights promote cultural and scientific creativity. Transformative and empowering, they also enable the pursuit of knowledge and understanding, thereby working as atrocity prevention tools. The Transforming Power of Cultural Rights argues that this gives these rights a central role to play in promoting the full human personality and in realizing all other human rights. Looking at the work of the UN Special Rapporteurs in the field of cultural rights as well as UNESCO's efforts, Helle Porsdam addresses the question of how a universal human rights agenda can include a dialogue that recognizes the importance of cultural diversity without sliding into cultural relativism. She argues that cultural rights offer a useful international arena and discourse in which to explain and negotiate cultural meanings when controversies arise. This places them at the center of human rights - and at the center of law and humanities.

Human rights are at a crossroads. This book considers how these rights can be reconstructed in challenging times, with changes in the pathways to the realization of human rights and new developments i

Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book

Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book

This book adds impetus to the nexus between human rights, human rights education and material reality. The dissonance between these aspects is of growing concern for most human rights educators in var

Barbara Jordan’s work as an educator, a lawyer, and a politician helped shape the American civil rights movement. Barbara Jordan: Politician and Civil Rights Leaderexplores her legacy. Easy-to-read te

Moral Rights and Their Grounds offers a novel theory of rights based on two distinct views. The first―the value view of rights―argues that for a person to have a right is to be valuable in a certain w

In Encounters on Contested Lands, Julie Burelle employs a performance studies lens to examine how instances of Indigenous self-representation in Québec challenge the national and identity disco

This collection examines the concept of human rights in a variety of cultural and historical contexts. The contributors analyze cognitive contexts that produce different meanings of rights, identify s

In Encounters on Contested Lands, Julie Burelle employs a performance studies lens to examine how instances of Indigenous self-representation in Québec challenge the national and identity disco

Human rights can be defined as the basic fundamental rights inherent to all human beings in any society. How these rights are made available and protected in individual countries is an area of much study and debate. Focusing on the significance of human rights in American law and politics, this book seeks to understand when, where, and how American law recognizes and responds to claims made in the name of human rights. How are they used by social movements as they advance rights claims? When are human rights claims accommodated and resisted? Do particular kinds of human rights claims have greater resonance domestically than others? What cultural and psychological factors impede the development of a human rights culture in the United States? This is an exciting and engaging volume that will appeal to a broad range of scholars, practitioners, and students interested in the study of human rights.

The orthodox view is that rights complement democracy. This book critically examines this view in the context of EU fundamental rights, specifically in situations where EU law requires member states t

The Italian Yearbook of Human Rights 2018 offers an up-to-date overview of the measures Italy has taken to adapt its legislation and policies to inter-national human rights law and to comply with comm

This edited collection explores key human rights themes and situates them in the context of developments on the African continent. It examines critical debates in human rights bringing together concep

Visual Imagery and Human Rights Practice examines the interplay between images and human rights, addressing how, when, and to what ends visuals are becoming a more central means through which human ri

Kaalund examines the constructed and contested Christian-Jewish identities in Hebrews and 1 Peter through the lens of the “New Negro,” a diasporic identity similarly constructed and contested during t

Mary Kristerie A. Baleva’s groundbreaking Regaining Paradise Lost: Indigenous Land Rights and Tourism uses the UN Guiding Principles on Business and Human Rights as its overarching legal framework to

Drawing on a wide range of feminist approaches, this volume examines the various ways that silence and voice have been contested in feminist research, and their impact on how agency is understood and