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Human Rights and the Body

Author: Annabelle Mooney
Publsiher: Routledge
Total Pages: 234
Release: 2016-05-13
Genre: Political Science
ISBN: 1317119835
Rating: 4.9/5 (35 downloads)

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Human Rights and the Body is a response to the crisis in human rights, to the very real concern that without a secure foundation for the concept of human rights, their very existence is threatened. While there has been consideration of the discourses of human rights and the way in which the body is written upon, research in linguistics has not yet been fully brought to bear on either human rights or the body. Drawing on legal concepts and aspects of the law of human rights, Mooney aims to provide a universally defensible set of human rights and a foundation, or rather a frame, for them. She argues that the proper frames for human rights are firstly the human body, seen as an index reliant on the natural world, secondly the globe and finally, language. These three frames generate rights to food, water, sleep and shelter, environmental protection and a right against dehumanization. This book is essential reading for researchers and graduate students in the fields of human rights and semiotics of law.

Download Global Intersectionality and Contemporary Human Rights PDF

Global Intersectionality and Contemporary Human Rights

Author: Johanna Bond
Publsiher: Oxford University Press
Total Pages: 277
Release: 2021
Genre: Law
ISBN: 0198868839
Rating: 4.8/5 (39 downloads)

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This title offers a new way to think about human rights and the type of harm caused by discrimination globally. It traces the growing recognition of intersectionality in the work of human rights organizations around the world. This work argues that these groups should look for ways to fully incorporate intersectional analysis into the work they do.

Download Human Rights Diplomacy: Contemporary Perspectives PDF

Human Rights Diplomacy: Contemporary Perspectives

Author: Michael O'Flaherty
Publsiher: Martinus Nijhoff Publishers
Total Pages: 320
Release: 2011-10-28
Genre: Political Science
ISBN: 9004195165
Rating: 4.5/5 (65 downloads)

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This collection of essays explores the notion, tools and challenges of human rights diplomacy. Human rights diplomacy is understood as the utilisation of diplomatic negotiation and persuasion for the specific purpose of promoting and protecting human rights. This book builds on discussions at a high-level workshop on the topic, organised by the University of Nottingham Human Rights Law Centre, the European Inter-University Centre for Human Rights and Democratisation and the Adam Mickiewicz University of Pozna?, that was held in Venice.

Download Tracing the Roles of Soft Law in Human Rights PDF

Tracing the Roles of Soft Law in Human Rights

Author: Stéphanie Lagoutte
Publsiher: Oxford University Press
Total Pages: 330
Release: 2016-11-10
Genre: Law
ISBN: 0192508938
Rating: 4.8/5 (38 downloads)

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Soft law increasingly shapes and impacts the content of international law in multiple ways, from being a first step in a norm-making process to providing detailed rules and technical standards required for the interpretation and the implementation of treaties. This is especially true in the area of human rights. While relatively few human rights treaties have been adopted at the UN level in the last two decades, the number of declarations, resolutions, conclusions, and principles has grown significantly. In some areas, soft law has come to fill a void in the absence of treaty law, exerting a degree of normative force exceeding its non-binding character. In others areas, soft law has become a battleground for interpretative struggles to expand and limit human rights protection in the context of existing regimes. Despite these developments, little attention has been paid to soft law within human rights legal scholarship. Building on a thorough analysis of relevant case studies, this volume systematically explores the roles of soft law in both established and emerging human rights regimes. The book argues that a better understanding of how soft law shapes and affects different branches of international human rights law not only provides a more dynamic picture of the current state of international human rights, but also helps to unsettle and critically question certain political and doctrinal beliefs. Following introductory chapters that lay out the general conceptual framework, the book is divided in two parts. The first part focuses on cases that examine the role of soft law within human rights regimes where there are established hard law standards, its progressive and regressive effects, and the role that different actors play in the incubation process. The second part focuses on the role of soft law in emerging areas of international law where there is no substantial treaty codification of norms. These chapters examine the relationship between soft and hard law, the role of different actors in formulating new soft law, and the potential for eventual codification.

Download International Protection of Human Rights PDF

International Protection of Human Rights

Author: United States. Congress. House. Foreign Affairs
Publsiher:
Total Pages: 1302
Release: 1974
Genre:
ISBN:
Rating: 4./5 ( downloads)

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Download Global Governance, Human Rights and International Law PDF

Global Governance, Human Rights and International Law

Author: Errol P. Mendes
Publsiher: Routledge
Total Pages: 264
Release: 2014-02-05
Genre: Law
ISBN: 1134443544
Rating: 4.3/5 (44 downloads)

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This book offers a stimulating introduction to the links between areas of global governance, human rights global economy and international law. By drawing on a range of diverse subject areas, Errol P. Mendes argues that the foundations of global governance, human rights and international law are undermined by a conflict or ‘tragic flaw’, where insistence on absolute conceptions of state sovereignty are pitted against universally accepted principles of justice and human rights resulting in destructive self-interest for both the state and the global community. The book explores how human rights and international law are applied in some of the critical institutions of global governance and in the operations of the global private sector, and how States, institutions and global civil society struggle to fight this ‘tragic flaw’. The book is brought up to date by considering developments in the role of the IMF, the World Bank, bilateral investment treaties; the likely failure of the Doha round of WTO negotiations; the legacy of the 2008 financial crisis; and the role of the International Criminal Court and the evolving Responsibility to Protect doctrine in international peace and security crises in the Middle East, Central and West Africa among other regions of the world. With its intensely interdisciplinary approach, this book motivates new thinking in the realm of global governance and international law, and promotes the development of new strategies for negotiating between conflicting leadership and organisational values within global institutions. The book will be of great interest and use to students and researchers of public international law, international relations and political science, business and human rights, global governance and international trade and economic law.

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Intersections: Women on Law, Medicine and Technology

Author: Kerry Petersen
Publsiher: Routledge
Total Pages: 246
Release: 2019-05-23
Genre: Health & Fitness
ISBN: 0429787731
Rating: 4.7/5 (31 downloads)

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First published in 1997, this volume explores how we live in a society which is developing beyond human experience and comprehension – fast. Advances in technology and medicine are profoundly affecting the manner of human living from the beginning through to the end of life. These advances present exciting and demanding challenges to law-makers, policy-makers and healthcare providers, who make decisions about genetics, human reproduction, competence, medical treatment priorities and dying. They also compel us to pay attention to human rights. This international collection of essays combines the thoughts and ideas of women scholars writing about these complex developments and aims at provoking debate and dissension as well as an opportunity for reflection. The writers explore a range of common themes in different areas and provide a coherent framework for law and policy-making, to serve as a foundation for the challenges ahead.

Download Research Methods for International Human Rights Law PDF

Research Methods for International Human Rights Law

Author: Damian Gonzalez-Salzberg
Publsiher: Routledge
Total Pages: 280
Release: 2019-06-13
Genre: Law
ISBN: 0429889364
Rating: 4.9/5 (64 downloads)

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The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.

Download The SAGE Handbook of Human Rights PDF

The SAGE Handbook of Human Rights

Author: Anja Mihr
Publsiher: SAGE
Total Pages: 1136
Release: 2014-07-21
Genre: Political Science
ISBN: 1473907195
Rating: 4.7/5 (95 downloads)

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The SAGE Handbook of Human Rights will comprise a two volume set consisting of more than 50 original chapters that clarify and analyze human rights issues of both contemporary and future importance. The Handbook will take an inter-disciplinary approach, combining work in such traditional fields as law, political science and philosophy with such non-traditional subjects as climate change, demography, economics, geography, urban studies, mass communication, and business and marketing. In addition, one of the aspects of mainstreaming is the manner in which human rights has come to play a prominent role in popular culture, and there will be a section on human rights in art, film, music and literature. Not only will the Handbook provide a state of the art analysis of the discipline that addresses the history and development of human rights standards and its movements, mechanisms and institutions, but it will seek to go beyond this and produce a book that will help lead to prospective thinking.

Download Religious Perspectives on Bioethics and Human Rights PDF

Religious Perspectives on Bioethics and Human Rights

Author: Joseph Tham
Publsiher: Springer
Total Pages: 291
Release: 2017-09-06
Genre: Philosophy
ISBN: 3319584316
Rating: 4.4/5 (16 downloads)

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This book deals with the thorny issue of human rights in different cultures and religions, especially in the light of bioethical issues. In this book, experts from Christianity, Judaism, Islam, Buddhism, Daoism, Hinduism and Confucianism discuss the tension between their religious traditions and the claim of universality of human rights. The East-West contrast is particularly evident with regards to human rights. Some writers find the human rights language too individualistic and it is foreign to major religions where the self does not exist in isolation, but is normally immersed in a web of relations and duties towards family, friends, religion community, and society. Is the human rights discourse a predominantly Western liberal ideal, which in bioethics is translated to mean autonomy and free choice? In today’s democratic societies, laws have been drafted to protect individuals and communities against slavery, discrimination, torture or genocide. Yet, it appears unclear at what moment universal rights supersede respect for cultural diversity and pluralism. This collection of articles demonstrates a rich spectrum of positions among different religions, as they confront the ever more pressing issues of bioethics and human rights in the modern world. This book is intended for those interested in the contemporary debates on religious ethics, human rights, bioethics, cultural diversity and multiculturalism.

Download The Human Right to Dominate PDF

The Human Right to Dominate

Author: Nicola Perugini
Publsiher: Oxford University Press
Total Pages: 215
Release: 2015
Genre: Political Science
ISBN: 0199365016
Rating: 4.5/5 (16 downloads)

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"What if human rights were used to oppress or even harm the very populations they were intended to protect? In The HUman Right to Dominate, Nicola Perugini and Neve Gordon challenge readers to reconsider everything that they think they know about human rights, arguing against the popular assumption that increased human rights lead to a greater degree of freedom. The book explores the subjective and politicized nature of human rights in the context of the Israel/Palestine conflict, demonstrating instances in which human rights can be used as a tool for oppression and illustrating the ways that human rights can be interpreted to justify colonialism, warfare, and even lethal violence against civilians." --Back cover.

Download China and International Human Rights PDF

China and International Human Rights

Author: Na Jiang
Publsiher: Springer Science & Business Media
Total Pages: 325
Release: 2013-12-12
Genre: Law
ISBN: 3642449026
Rating: 4.9/5 (26 downloads)

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This book is designed to introduce law students, legal actors and human rights activists, particularly participants in human rights dialogues with China, to the process and reality of a newly confident China’s participation in the international human rights system, albeit with inherent challenges. From an international and comparative perspective, one of the key findings of the author's research is that progress towards human rights depends more on judges than on legislators. Chinese legislators have enacted a series of reforms in order to better protect human rights. Unfortunately, these reforms have not led to greater adherence to China’s international human rights obligations in practice. The reforms failed because they have generally been misunderstood by Chinese judges, who often have a limited understanding of international human rights norms. Specifically, this book will examine how judicial misunderstandings have blocked reforms in one specific area, the use of severe punishments, based on international human rights theory and case studies and data analyses. This examination has several purposes. The first is to suggest that China ratify the ICCPR as the next step for its substantive progress in human rights and as a good preparation for its re-applying to be a member of the UN Human Right Council in the future. The second is to explain how judges could be better educated in international human rights norms so as to greatly reduce the use of severe punishments and better comply with China's human rights obligations. The third is to demonstrate how the international community could better engage with China in a manner that is more conducive to human rights improvements. The author's ultimate goal is to enhance dialogue on human rights in China between judges and the Chinese government, between Chinese judges and their foreign counterparts and between China's government and the international community. Another significant aim of this book is to clarify the controversial question of what obligations China should undertake before its ratification of the ICCPR and to re-examine trends in its developing human rights policy after standing down from the Council in late 2012. The tortuous progress of China’s criminal law and criminal justice reforms has confirmed that Chinese judges need further instruction on how to apply severe punishments in a manner consistent with international standards. Judges should be encouraged to exercise more discretion when sentencing so that penalties reflect the intent of relevant domestic laws as well as the international human rights standards enumerated in the ICCPR. In order to better educate and train judges, this book contains introductory chapters that examine the severe punishments currently available to Chinese judges from an international human rights perspective. To illustrate how Chinese justice currently falls short of international norms, this paper also examines several cases that are considered to be indicative of China’s progress towards greater respect for human rights and the rule of law. These cases demonstrate that China still has a long way to go to achieve its goals, at least before abolishing the death penalty, forced labor and torture.

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Protecting Human Rights in Africa

Author: Claude E. Welch, Jr.
Publsiher: University of Pennsylvania Press
Total Pages: 380
Release: 1995
Genre: Political Science
ISBN: 9780812217803
Rating: 4.2/5 (178 downloads)

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The first major comparative study of the way human rights south of the Sahara have been revolutionized by NGOs, which have become the most effective detectives in discovering abuses and the most active advocates in seeking solutions.

Download The Human Right to Health PDF

The Human Right to Health

Author: Eduardo Arenas Catalán
Publsiher: Edward Elgar Publishing
Total Pages: 224
Release: 2021-06-25
Genre: Law
ISBN: 1788979656
Rating: 4.9/5 (56 downloads)

Download The Human Right to Health Book in PDF, Epub and Kindle

This timely book offers a fresh perspective on how to effectively address the issue of unequal access to healthcare. It analyses the human right to health from the underexplored legal principle of solidarity, proposing a non-commercial understanding of the positive obligations inherent in the right to health.

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Human Rights Culture in Indonesia

Author: Maksimus Regus
Publsiher: Walter de Gruyter GmbH & Co KG
Total Pages: 297
Release: 2021-06-08
Genre: Religion
ISBN: 311069607X
Rating: 4.6/5 (7 downloads)

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Drawing on human rights discourse and a study of the difficulties faced by religious minority groups (using the Ahmadiyya minority group as a case study), this book presents three interconnected challenges to human rights culture in Indonesia. First, it presents a normative challenge, describing the gap between philosophical and normative principles of human rights on one side and the overall problems and critical issues of human rights at national and local levels on the other. Second, it considers the political problems in developing and strengthening human rights culture. The political challenge addresses the ability (or inability) of the state to guarantee the rights of certain individuals and minority groups. Third, it examines the sociological challenge of majority-minority group relationships in human rights discourse and practices. This book describes the background of human rights in Indonesia and reviews the previous literature on the issue. It also presents a comprehensive review of the discourses about human rights and political changes in contemporary Indonesia. The analysis focuses on how human rights challenges affect the situation of religious minorities, looking in particular at the Ahmadiyya as a minority group that experiences human rights violations such as discrimination, persecution, and violence. The study fills out its treatment of these issues by examining the involvement of actors both from the state and society, addressing also the politics of human rights protection.

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The Legitimacy of International Human Rights Regimes

Author: Andreas Føllesdal
Publsiher: Cambridge University Press
Total Pages: 336
Release: 2013-10-24
Genre: Political Science
ISBN: 1107470706
Rating: 4.0/5 (6 downloads)

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The past sixty years have seen an expansion of international human rights conventions and supervisory organs, not least in Europe. While these international legal instruments have enlarged their mandate, they have also faced opposition and criticism from political actors at the state level, even in well-functioning democracies. Against the backdrop of such contestations, this book brings together prominent scholars in law, political philosophy and international relations in order to address the legitimacy of international human rights regimes as a theoretically challenging and politically salient case of international authority. It provides a unique and thorough overview of the legitimacy problems involved in the global governance of human rights.