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Human Rights Transformed
Author: Sandra Fredman
Pages: 290
Year: 2008
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Human rights are traditionally understood as protecting individual freedom against intrusion by the State. This title argues instead that human rights are based on a richer view of freedom, going beyond absence of coercion and focussing on the ability to exercise freedom.
Religion and Equality Law
Author: Nelson Tebbe
Publisher: Routledge
ISBN: 1351551620
Pages: 524
Year: 2017-07-05
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The essays selected for this volume address topics at the intersection of religion and equality law, including discrimination against religion, discrimination by religious actors and discrimination in favor of religious groups and traditions. The introduction provides a conceptual guide to these types of inequality - which are often misunderstood or conflated - and it offers an analysis of different species of discrimination within each broad category. Each section of the volume contains both theoretical essays, which set out frameworks for thinking about the relevant type of inequality, and essays that examine real-world disputes. For example, the articles address the conflicts over headscarf laws in France and Turkey, the place of so-called traditional religions in Africa, the display of Roman Catholic crucifixes in Italian classrooms, and the ability of American religious organizations to be free of employment laws in their treatment of clergy. This volume brings together classic articles which are otherwise difficult to access, enables students to study key articles side-by-side, and provides instructors with a valuable teaching resource.
Freedom of Religion and Belief
Author: Rinaldo Cristofori, Silvio Ferrari
Publisher: Routledge
ISBN: 1351935771
Pages: 560
Year: 2016-12-05
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The essays and articles selected for this volume analyze what is generally understood by freedom of religion and belief in today’s world. The different aspects of this fundamental right are considered from the contents of freedom of religion, to the possible limitations of this freedom; and from the freedom of, or freedom from, conundrum to the question of the collective or individual right. This volume reflects legal, philosophical and international perspectives, addresses numerous unanswered questions and offers an effective overview of the current literature and debate in this aspect of the discipline of law and religion.
The Human Rights-Based Approach to Carbon Finance
Author: Damilola S. Olawuyi
Publisher: Cambridge University Press
ISBN: 110710551X
Pages: 406
Year: 2016-04-18
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Outlines a human rights-based approach to carbon finance, a framework for mainstreaming human rights into carbon project implementation.
The Development of Positive Obligations under the European Convention on Human Rights by the European Court of Human Rights
Author: Alastair Mowbray
Publisher: Bloomsbury Publishing
ISBN: 1847311938
Pages: 255
Year: 2004-01-30
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During the last thirty years the European Court of Human Rights has been developing,at an expanding pace, positive obligations under the European Convention. This monograph seeks to provide a critical analysis of the burgeoning case law concerning positive obligations, a topic which is relatively uncharted in the existing literature. Positive obligations require many different forms of action by member states, ranging from effectively investigating killings through to protecting peaceful demonstrators from violent attacks by their opponents. The contemporary significance of these obligations is graphically illustrated by the fact that it is the obligation upon states to provide fair trials to determine civil and criminal proceedings within a reasonable time that is the source of the overwhelming majority of complaints to the European Court in recent years. The study examines the legal bases and content of key positive obligations. Conclusions are then drawn concerning the reasons for the development of these obligations and areas of potential expansion are identified.
The Right to Housing
Author: Jessie Hohmann
Publisher: Bloomsbury Publishing
ISBN: 1782250999
Pages: 286
Year: 2013-03-01
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A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.
Globalization and Human Rights
Author: Alison Brysk
Publisher: Univ of California Press
ISBN: 0520936280
Pages: 321
Year: 2002-10-15
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In this landmark volume, Alison Brysk has assembled an impressive array of scholars to address new questions about globalization and human rights. Is globalization generating both problems and opportunities? Are new problems replacing or intensifying state repression? How effective are new forms of human rights accountability? These essays include theoretical analyses by Richard Falk, Jack Donnelly, and James Rosenau. Chapters on sex tourism, international markets, and communications technology bring new perspectives to emerging issues. The authors investigate places such as the Dominican Republic, Nigeria, and the Philippines. The contemporary world is defined by globalization. While global human rights standards and institutions have been established, assaults on human dignity continue. These essays identify the new challenges to be faced, and suggest new ways to remedy the costs of globalization.
World Poverty and Human Rights
Author: Thomas W. Pogge
Publisher: Polity
ISBN: 0745641431
Pages: 352
Year: 2008-03-10
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Thomas Pogge tries to explain how most of the population of this planet can excuse world poverty. A mere one or two % of the wealth of the richer nations could help in eradicating much of the poverty but there's a slim chance of that happening.
Socio-Economic Rights in South Africa
Author: Malcolm Langford, Ben Cousins, Jackie Dugard, Tshepo Madlingozi
Publisher: Cambridge University Press
ISBN: 1107021146
Pages: 472
Year: 2013-11-18
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The embrace of socio-economic rights in South Africa has featured prominently in scholarship on constitution making, legal jurisprudence and social mobilisation. But the development has attracted critics who claim that this turn to rights has not generated social transformation in practice. This book sets out to assess one part of the puzzle and asks what has been the role and impact of socio-economic strategies used by civil society actors. Focusing on a range of socio-economic rights and national trends in law and political economy, the book's authors show how socio-economic rights have influenced the development of civil society discourse and action. The evidence suggests that some strategies have achieved material and political impact but this is conditional on the nature of the claim, degree of mobilisation and alliance building, and underlying constraints.
The World Reimagined
Author: Mark Philip Bradley
Publisher: Cambridge University Press
ISBN: 0521829755
Pages: 320
Year: 2016-09-30
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This book uncovers how human rights gained meaning and power for Americans in the 1940s, the 1970s and today.
Human Rights in a Positive State
Author: Laurens Lavrysen
Publisher: Intersentia
ISBN: 1780684258
Pages: 428
Year: 2016-09-15
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The European Court of Human Rights has long abandoned the view that human rights merely impose obligations of restraint on State authorities (so-called negative obligations). In addition, States are under positive obligations to take steps to actively protect and ensure the rights and freedoms guaranteed by the European Convention on Human Rights. While the concept of positive obligations has become increasingly important in the jurisprudence of the European Court, it remains relatively underexplored in the literature. This book goes beyond the existing scholarship by analytically, critically and normatively engaging with the Court's positive obligations case law in a comprehensive and in-depth manner. The central argument made in this volume is that in a positive State, in which the authorities have affirmatively intervened in so many areas, it has become increasingly difficult to draw a baseline to properly distinguish between action and inaction. This book will prove to be highly valuable for any practitioner or academic interested in the law of the European Convention on Human Rights. This book is based on the author's PhD research concerning the notion of positive obligations under the European Convention on Human Rights. Dissertation. [Subject: Human Rights Law]
Religion and Human Rights
Author: John Witte, M. Christian Green
Publisher: OUP USA
ISBN: 0199733449
Pages: 392
Year: 2011-11-25
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The relationship between religion and human rights is both complex and inextricable. While most of the world's religions have supported violence, repression, and prejudice, each has also played a crucial role in the modern struggle for universal human rights. Most importantly, religions provide the essential sources and scales of dignity and responsibility, shame and respect, restraint and regret, restitution and reconciliation that a human rights regime needs to survive and flourish in any culture. This volume provides authoritative examinations of the contributions to human rights of Judaism, Christianity, Islam, Hinduism, Confucianism, Buddhism, and indigenous religions. Each chapter grapples with the concept and origins of "human rights," and offers insight into the major human rights issues that confront religious individuals and communities. These include core issues of freedom of religious conscience, choice, exercise, expression, association, morality, and self-determination. They also include analysis of the roles of religious ideas and institutions in the cultivation and abridgement of rights of women, children, and minorities, and rights to peace, orderly development, and protection of nature and the environment. With contributions by a score of leading experts, Religion and Human Rights provides authoritative and accessible assessments of the contributions of Judaism, Christianity, Islam, Hinduism, Confucianism, Buddhism, and Indigenous religionsto the development of the ideas and institutions of human rights. It also probes the major human rights issues that confront religious individuals and communities around the world today, and the main challenges that the world's religions will pose to the human rights regime in the future.
The Oxford Handbook of International Human Rights Law
Author: Dinah Shelton
Publisher: Oxford University Press
ISBN: 0199640130
Pages: 1018
Year: 2013-09
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The Oxford Handbook of International Human Rights Law provides an authoritative and original overview of one of the key branches of international law. Forty contributors comprehensively analyse the role of human rights in international law from a global perspective, examining its origins and principles, and measuring its impact on the world.
The Positive Obligations of the State Under the European Convention of Human Rights
Author: Dimitris Xenos
Publisher: Routledge
ISBN: 0415668123
Pages: 231
Year: 2012
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The system of the European Convention of Human Rights imposes positive obligations on the state to guarantee human rights in circumstances where state agents dot not directly interfere. In addition to the traditional/liberal negative obligation of non-interference, the state must actively protect the human rights of individuals residing within its jurisdiction. The liability of the state in terms of positive obligations induces a freestanding imperative of human rights that changes fundamentally the perception of the role of the state and the participatory ability of the individual, who can now assert their human rights in all circumstances in which they are relevant. In that regard, positive obligations herald the most advanced review of the state's business ever attempted in international law. The book undertakes a comprehensive study of positive obligations: from establishing the legitimacy of positive obligations within the system of the Convention to their practical implementation at the national level. Analysing in depth legal principles that pervade the whole system of the Convention, a coherent methodological framework of critical stages and parameters is provided to determine the content of positive obligations in a consistent, predictable and realistic manner. This study of the Convention explains and critically analyses the state's positive obligations, as imposed by the European Court of Human Rights, and sets out original proposals for their future development. The book will be of interest to those who study, research or practice public law, civil rights and liberties or international/European human rights law.
Buried Secrets
Author: Victoria Sanford
Publisher: Palgrave Macmillan
ISBN: 1403960232
Pages: 313
Year: 2003-04-19
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An expos of Guatemala's genocidal campaign against the Maya in the late 1970s and mid-1980s documents the massacres and displacements that took place as well as the experiences of Maya survivors seeking justice and healing.