Bøger i Routledge Research in Human Rights Law serien

The book presents a timely assessment of both the human rights costs of the 'War on Terror' and the methods used to wage and relentlessly continue that War.

This edited collection provides a comprehensive, insightful, and detailed study of a vital area of public policy debate as it is currently occurring in countries across the world from India to South Africa and the United Kingdom to Australia.

This edited volume explores new directions in research on indigenous peoples and their rights. The book proposes a move towards a field of 'critical indigenous rights studies', characterised by taking a realist (as opposed to an idealised) approach towards indigenous peoples combined with an interdisciplinary approach.

The Anatomy of Chinese Multinationals' Overseas Behaviour will be of interest to researchers and students in the fields of human rights law, international law, international relations, corporate governance, as well as practitioners interested in developmental work and academics whose current research focuses on China and Africa.

Human Rights Law and Regulating Freedom of Expression in New Media focuses on the multi-layered and complicated relationship between internet and human rights law. It contributes to the ongoing discussion regarding the protection of freedom of expression on the internet in the context of various doctrines of constitutional law, including the proliferation of constitutional adjudication. It will be of interest to researchers, academics, policymakers, and students in the fields of human rights law, internet law, political science, sociology, cultural studies, media and communications studies and technology.

This book explores the rights of older people and their quality of care once they are living in a care home, and considers how we can commence the journey towards a human rights framework to ensure decent and dignified care for older people. The book takes a comparative approach to challenges facing the care home sector for older people in Africa, the Arab world, Australia, China, England, Israel, Japan and the USA, with an international panel of experts identifying how their particular society cares for its older and oldest people, the extent to which demographic and economic change has placed their system under pressure and the role that residential elder care homes play in their culture.

This book provides a comparative constitutional analysis of executive clemency, with a focus on death penalty cases. Comparative executive clemency has never been the subject of a full-length comparative constitutional analysis, and the breadth of jurisdictions contained in this book-encompassing the entire English-speaking world-provides a full range of cultural and political variations in the level of deference given to executive decision-making.

Social security and its articulation as a human right have received increased attention in recent years and it is widely acknowledged that women are disproportionately affected by poverty in all parts of the world. This book identifies the need to develop the right to social security to ensure that it is responsive to gender discrimination and disadvantage. Drawing on feminist theory the book formulates a conceptual approach and a set of principles for a substantively equal, gendered right to social security. The book applies the framework it develops to a study of international law looking at the work of the UN, before analysing three countries South Africa, Australia and India.

This book explores the extraterritorial application of human rights in Africa. It examines the corpus and jurisprudence of the regional African human rights treaties in the light of international treaty and case laws in order to gauge the possibility of the treaties¿ extraterritorial scope.

This book addresses the controversial issue of transnational human rights obligations in an innovative way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law. Each hypothetical judgment is accompanied by commentary placing it in context to show how international human rights law can address issues of a transnational character. Through this method the book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced.

This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-a-vis the Contracting States.

This book provides a comparative constitutional analysis of executive clemency, with a focus on death penalty cases. Comparative executive clemency has never been the subject of a full-length comparative constitutional analysis, and the breadth of jurisdictions contained in this book¿encompassing the entire English-speaking world¿provides a full range of cultural and political variations in the level of deference given to executive decision-making.

This book explores the rights of older people and their quality of care once they are living in a care home, and considers how we can commence the journey towards a human rights framework to ensure decent and dignified care for older people. The book takes a comparative approach to challenges facing the care home sector for older people in Africa, the Arab world, Australia, China, England, Israel, Japan and the USA, with an international panel of experts identifying how their particular society cares for its older and oldest people, the extent to which demographic and economic change has placed their system under pressure and the role that residential elder care homes play in their culture.

Children''s rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children''s rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children''s rights law has a number of distinctive characteristics, such as the emphasis on the ''best interests of the child'', the use of general principles, and the inclusion of ''third parties'' (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could children''s rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between children''s rights law and human rights law - and the potential for their isolation, inspiration or integration - may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between children''s rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.

This collection sets about untangling some of the knotty issues in the underexplored relationship between human rights and the media. We investigate how complex debates in political, judicial, academic and public life on the role and value of human rights are represented in the media, particularly, in print journalism.

This book provides detailed analysis and critique of the dual protection of human rights in Europe through an assessment of the evolution of the legal relationship between the Court of Justice of the European Union and the European Court of Human Rights. The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights.

Social security and its articulation as a human right have received increased attention in recent years and it is widely acknowledged that women are disproportionately affected by poverty in all parts of the world. This book identifies the need to develop the right to social security to ensure that it is responsive to gender discrimination and disadvantage. Drawing on feminist theory the book formulates a conceptual approach and a set of principles for a substantively equal, gendered right to social security. The book applies the framework it develops to a study of international law looking at the work of the UN, before analysing three countries South Africa, Australia and India.

Business and human rights has emerged as a distinct field within the corporate governance movement. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened.

This edited volume challenges the territorial bias of traditional human rights law, in which human rights obligations are in principle incumbent on the territorial state. The first part of this volume examines the current state of the extraterritorial human rights obligations of international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations (and responsibility for violations). The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of extraterritorial states as well as of non-state actors. Each chapter examines novel and forward-looking perspectives in the field, and explores how the findings may apply across international human rights law in a multi duty-bearer setting.

This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.

Business and human rights has emerged as a distinct field within the corporate governance movement. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened.

Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples.The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives.

This book provides detailed analysis and critique of the dual protection of human rights in Europe through an assessment of the evolution of the legal relationship between the Court of Justice of the European Union and the European Court of Human Rights. The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights.

This book addresses the controversial issue of transnational human rights obligations in an innovative way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law. Each hypothetical judgment is accompanied by commentary placing it in context to show how international human rights law can address issues of a transnational character. Through this method the book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced.

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.

Taking a public international law law perspective, this book examines various issues and difficulties faced by human rights advocates in their effort to seek redress transnationally for victims of human rights abuses.

This book assesses the progress the Convention on the Rights of the Child (CRC) 1989 has made in different African countries as well as in the region more generally. It considers the implementation of the CRC in terms of policy, practice and its impact on the lived experiences of children across the continent, focusing on specific themes such as HIV/AIDS, education and disability, child labour, witchcraft stigmatisation, armed conflict and religion. The volume provides a critical analysis of the progress of the CRC and identifies concrete ways forward for the better implementation of this treaty in Africa.

The Asia-Pacific region is known for having one of the least developed institutional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about strengthening the institutional protection of human rights in the Asia-Pacific region, in the wake of ASEAN¿s announcement in 2009 of an ASEAN regional human rights mechanism.Drawing together leading scholarly voices including Surya Deva, V.T. Thamilmaran, Tom Zwart and Catherine Renshaw, the book focuses on the systemic issue of institutionalizing human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening the institutionalization of human rights monitoring in the region, challenging the orthodox scepticism about whether Asia is "ready" for stronger institutions. The volume analyses the impediments to institutions, whilst questioning the need for them.

This book explores the human rights monitoring mechanisms of the Council of Europe: the Commissioner for Human Rights, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, the European Committee of Social Rights, the Advisory Committee on the Framework Convention for the Protection of National Minorities, the Committee of Experts of the European Charter for Regional or Minority Languages, the European Commission against Racism and Intolerance. The book will look at each mechanism in turn and consider a number of issues including: at the role and procedures; its effectiveness in terms of monitoring ands ensuring its findings are implemented; its level of cooperation with other international actors including other organs of the Council of Europe, UN and EU bodies, NGOs and national human rights institutions and ombudsmen; its relationship with the European Court of Human Rights; and whether human rights indicators would be useful in improving its monitoring. Each chapter will be written by an expert in the field. The introduction to the volume will outline the common features and purposes of these mechanisms as well as key questions to be addressed in the following chapters, while the conclusion will provide an evaluation of their effectiveness and consider future perspectives.

Following on from the 2008 Kadi-decision by the European Court of Justice, which has been widely discussed as possibly creating a conflict between the UN and the EU, this book explores whether the EU's human rights order has real and distinctive relevance on a global scale and whether it can be considered as a significant international human rights organisation. The contributions to this volume are clustered around four themes: the EU human rights policies in international institutions; the influence of EU human rights law outside of Europe; whether the EU human rights order has set new substantive rules which are different from other international/regional standards; and the relationship between human rights and economic goals in the EU.