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Author: Frédéric Mégret
Publisher: Oxford University Press
ISBN: 0191653314
Category : Law
Languages : en
Pages : 802
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Book Description
The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.
Author: Frédéric Mégret
Publisher: Oxford University Press
ISBN: 0191653314
Category : Law
Languages : en
Pages : 802
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Book Description
The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.
Author: Rosemary Nelson Inquiry
Publisher: The Stationery Office
ISBN: 9780102971071
Category : Law
Languages : en
Pages : 514
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Book Description
Rosemary Nelson, a solicitor in Lurgan, Northern Ireland, was murdered by a bomb exploding under her car near her home in March 1999. There were claims the police and government ignored a series of warnings about threats against her: concerns about her safety had been raised over a two-year period before she was killed. She had become a hate figure for hardline loyalists - and reportedly some police officers - because of some of the Republican clients she represented. It was claimed she had been threatened by RUC officers as well as loyalist paramilitaries. The Cory Collusion Inquiry (2004, ISBN 9780102927443) investigated the allegations of collusion between British security forces and paramilitaries in her murder, and concluded that there was enough evidence to warrant a full public inquiry. This Inquiry finds no evidence of any act by or within any of the state agencies (Royal Ulster Constabulary, the Northern Ireland Office or the Security Service) which directly facilitated the murder. Some members of the RUC did publicly abuse and assault her in 1997, and make abusive/threatening remarks about her to her clients, which became publicly known. Combined with intelligence leaks these had the effect of legitimising her as a target. There were omissions by the RUC and NIO which rendered her more at risk and more vulnerable. These omissions meant the state failed to take reasonable and proportionate steps to safeguard the life of Rosemary Nelson. The Inquiry finds no evidence of obstruction into the murder investigation, which was carried out with due diligence.
Author: Maria Sjöholm
Publisher: Martinus Nijhoff Publishers
ISBN: 9004343571
Category : Law
Languages : en
Pages : 775
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Book Description
In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.
Author: Centre for Development and Human Rights
Publisher: SAGE
ISBN: 9780761932116
Category : Business & Economics
Languages : en
Pages : 298
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Book Description
The Right to Development (RTD), a concept that emerged in the 1970s, is one of the most debated and contentious issues in international relations. RTD builds on the rights based approach to development, seeking to integrate the norms and principles of human rights with policies and plans to promote development. Despite its importance for the world’s poor and dispossessed, a great deal of definitional confusion still surrounds the concept./-//-/This primer introduces the concept of RTD as well as discusses its practical application in the Indian setting. It is divided accordingly into two sections, the first of which traces the origins and the evolution of the idea of RTD. This section identifies the defining parameters and content of RTD and focuses especially on the three rights—the rights to food, education and health—that have been identified as a ‘good starting point’ for the implementation of RTD. The last chapter in this section underscores the importance of women’s rights in order to emphasise the need to focus on safeguarding and promoting the human rights of vulnerable groups./-//-/Part II covers substantially the Indian situation relating to RTD. The first chapter in this section provides an overview of the legal and institutional mechanism in India for the protection of human rights in general and women’s rights in particular. The next chapter examines the implementation of the rights to food, health and education. The last chapter in this section details the functioning of Public Interest Litigation (PIL) —which has emerged in recent years as an important mechanism for securing social justice—and the challenges and limitations of this mechanism.
Author: Austin Sarat
Publisher: Emerald Group Publishing
ISBN: 1780522525
Category : Law
Languages : en
Pages : 243
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Book Description
Presents advanced scholarship on human rights. This work examines both the theoretical dimensions and dilemmas of human rights in the modern world and particular cases in which the problems and possibilities of human rights are examined.
Author: Eric Fripp
Publisher: Bloomsbury Publishing
ISBN: 1782255494
Category : Law
Languages : en
Pages : 736
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Book Description
Resort by the state to measures of exclusion and expulsion from the territory of the UK and/or from British citizenship have multiplied over the past decade, following the so-called 'War on Terror', increased globalisation, and the growing politicisation of national policies concerning immigration and citizenship. This book, which focuses on the law and practice governing deportation, removal and exclusion from the UK, the denial of British citizenship, and deprivation of that citizenship, represents the first attempt by practitioners to provide a cohesive assessment of UK law and practice in these areas. The undertaking is a vital one because, whilst these areas of law and practice have long existed as the hard edge of immigration and nationality laws, in recent years the use of some powers in this area has greatly increased and such powers have arguably expanded beyond secondary existence as mere mechanisms of enforcement. The body of law, practice and policy created by this process is one which justifies treatment as a primary concern for public lawyers. The book provides a comprehensive analysis of the law in these areas and its background. This involves a consideration of interlocking international and regional rights instruments, EU law and the domestic regime. It is a clear and comprehensive everyday guide for practitioners and offers an invaluable insight into likely developments in this dynamic area of public law. '...deserves to be on the bookshelves of all those who seek to practise within this carefully defined area of immigration and nationality law.' From the Foreword by Lord Hope of Craighead KT
Author: Angela Hegarty
Publisher: Routledge
ISBN: 1135347840
Category : Law
Languages : en
Pages : 448
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Book Description
Published in the year 1999, Human Rights: 21st Century is a valuable contribution to the field of Law.
Author: Fareda Banda
Publisher: Bloomsbury Publishing
ISBN: 1509938354
Category : Law
Languages : en
Pages : 344
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Book Description
This innovative book looks at the topic of migration through the prism of law and literature. The author uses a rich mix of novels, short stories, literary realism, human rights and comparative literature to explore the experiences of African migrants and asylum seekers. The book is divided into two. Part one is conceptual and focuses on art activism and the myriad ways in which people have sought to 'write justice.' Using Mazrui's diasporas of slavery and colonialism, it then considers histories of migration across the centuries before honing in on the recent anti-migration policies of western states. Achiume is used to show how these histories of imposition and exploitation create a bond which bestows on Africans a “status as co-sovereigns of the First World through citizenship.” The many fictional examples of the schemes used to gain entry are set against the formal legal processes. Attention is paid to life post-arrival which for asylum seekers may include periods in detention. The impact of the increased hostility of receiving states is examined in light of their human rights obligations. Consideration is paid to how Africans navigate their post-migration lives which includes reconciling themselves to status fracture-taking on jobs for which they are over-qualified, while simultaneously dealing with the resentment borne of status threat on the part of the citizenry. Part two moves from the general to consider the intersections of gender and status focusing on women, LGBTI individuals and children. Focusing on their human rights and the fictional literature, chapter four looks at women who have been trafficked as well as domestic workers and hotel maids while chapter five is on LGBTI people whose legal and literary stories are only now being told. The final substantive chapter considers the experiences of children who may arrive as unaccompanied minors. Using a mixture of poetry and first person accounts, the chapter examines the post-arrival lives of children, some of whom may be citizens but who are continually made to feel like outsiders. The conclusion follows, starting with two stories about walls by Hadero and Lanchester which are used to illustrate the themes discussed in the book. Few African lawyers write about literature and few books and articles in Western law and literature look at books by or about Africans, so a book that engages with both is long overdue. This book provides fascinating reading for academics, students of law, literature, gender and migration studies, and indeed the general public.
Author: Cathryn Costello
Publisher: OUP Oxford
ISBN: 0191023523
Category : Law
Languages : en
Pages : 557
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Book Description
There is a highly significant and under-considered intersection and interaction between migration law and labour law. Labour lawyers have tended to regard migration law as generally speaking outside their purview, and migration lawyers have somewhat similarly tended to neglect labour law. The culmination of a collaborative project on 'Migrants at Work' funded by the John Fell Fund, the Society of Legal Scholars, and the Research Centre at St John's College, Oxford, this volume brings together distinguished legal and migration scholars to examine the impact of migration law on labour rights and how the regulation of migration increasingly impacts upon employment and labour relations. Examining and clarifying the interactions between migration, migration law, and labour law, contributors to the volume identify the many ways that migration law, as currently designed, divides the objectives of labour law, privileging concerns about the labour supply and demand over worker-protective concerns. In addition, migration law creates particular forms of status, which affect employment relations, thereby dividing the subjects of labour law. Chapters cover the labour laws of the UK, Australia, Ireland, Israel, Italy, Germany, Sweden, and the US. References are also made to discrete practices in Brazil, France, Greece, New Zealand, Mexico, Poland, and South Africa. These countries all host migrants and have developed systems of migration law reflecting very different trajectories. Some are traditional countries of immigration and settlement migration, while others have traditionally been countries of emigration but now import many workers. There are, nonetheless, common features in their immigration law which have a profound impact on labour law, for instance in their shared contemporary shift to using temporary labour migration programmes. Further chapters examine EU and international law on migration, labour rights, human rights, and human trafficking and smuggling, developing cross-jurisdictional and multi-level perspectives. Written by leading scholars of labour law, migration law, and migration studies, this book provides a diverse and multidisciplinary approach to this field of legal interaction, of interest to academics, policymakers, legal practitioners, trade unions, and migrants' groups alike.
Author: Siobhán Mullally
Publisher: Routledge
ISBN: 1317646037
Category : Law
Languages : en
Pages : 213
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Book Description
The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.
