Автор: Irene Bellier, Jennifer Hays Название: Scales of Governance and Indigenous Peoples: New Rights or Same Old Wrongs? ISBN: 1138944483 ISBN-13(EAN): 9781138944480 Издательство: Taylor&Francis Рейтинг: Цена: 148010.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book takes an interdisciplinary approach to the complicated power relations surrounding the recognition and implementation of Indigenous Peoples` rights at multiple scales.
This book theorises and concretises the idea of 'absolute rights' in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an 'absolute right' in human rights law is and draws out how such a right's delimitation may remain faithful to its absolute character. Concretising these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is and ought to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right's 'fringes': from the aggravated wrong of torture, to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation.
Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and offer the groundwork for transparently and coherently (re)interpreting the right's contours in line with its absolute character.
Автор: Morreira Shannon Название: Rights After Wrongs: Local Knowledge and Human Rights in Zimbabwe ISBN: 0804799083 ISBN-13(EAN): 9780804799089 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 26750.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The international legal framework of human rights presents itself as universal. But rights do not exist as a mere framework; they are enacted, practiced, and debated in local contexts. Rights After Wrongs ethnographically explores the chasm between the ideals and the practice of human rights. Specifically, it shows where the sweeping colonial logics of Western law meets the lived experiences, accumulated histories, and humanitarian debts present in post-colonial Zimbabwe.
Through a comprehensive survey of human rights scholarship, Shannon Morreira explores the ways in which the global framework of human rights is locally interpreted, constituted, and contested in Harare, Zimbabwe, and Musina and Cape Town, South Africa. Presenting the stories of those who lived through the violent struggles of the past decades, Morreira shows how supposedly universal ideals become localized in the context of post-colonial Southern Africa. Rights After Wrongs uncovers the disconnect between the ways human rights appear on paper and the ways in which it is possible for people to use and understand them in everyday life.
Автор: Jaramillo Isabel C., Carlson Laura Название: Trans Rights and Wrongs: A Comparative Study of Legal Reform Concerning Trans Persons ISBN: 3030684938 ISBN-13(EAN): 9783030684938 Издательство: Springer Цена: 149060.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book maps various national legal responses to gender mobility, including sex and name registration, access to gender modification interventions, and anti-discrimination protection (or lack thereof) and regulations.
Автор: Nayar Pramod K. Название: Writing Wrongs: The Cultural Construction of Human Rights in India ISBN: 1138662550 ISBN-13(EAN): 9781138662551 Издательство: Taylor&Francis Рейтинг: Цена: 57150.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book examines the `cultural apparatus` of Human Rights in India today. It unravels discourses of victimhood, oppression, suffering and witnessing through a study of autobiographies, memoirs, reportage and media coverage, and documentaries, moving across multiple media and genres for their representations of Dalits, riot victims, prisoners, abused and abandoned women, and children.
Автор: Natasa Mavronicola Название: Torture, Inhumanity and Degradation under Article 3 of the ECHR: Absolute Rights and Absolute Wrongs ISBN: 1509942424 ISBN-13(EAN): 9781509942428 Издательство: Bloomsbury Academic Рейтинг: Цена: 40120.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This open access book theorises and concretises the idea of ‘absolute rights’ in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an ‘absolute right’ in human rights law is and draws out how such a right’s delimitation may remain faithful to its absolute character. From these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is, and ought, to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right’s ‘fringes’: from the aggravated wrong of torture to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation.Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and to offer the groundwork for transparently and coherently (re)interpreting the right’s contours in line with its absolute character.Winner of the 2022 SLS Peter Birks Prize for Outstanding Legal Scholarship.The ebook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on bloomsburycollections.com. Open access was funded by the University of Birmingham.
Автор: Nayar Название: Writing Wrongs ISBN: 0415529085 ISBN-13(EAN): 9780415529082 Издательство: Taylor&Francis Рейтинг: Цена: 153120.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: This book examines the `cultural apparatus` of Human Rights in India today. It unravels discourses of victimhood, oppression, suffering and witnessing through a study of autobiographies, memoirs, reportage and media coverage, and documentaries, moving across multiple media and genres for their representations of Dalits, riot victims, prisoners, abused and abandoned women, and children.
Автор: David D Cole, Federico Fabbrini, Stephen Schulhofe Название: Surveillance, Privacy and Trans-Atlantic Relations ISBN: 1509905413 ISBN-13(EAN): 9781509905416 Издательство: Bloomsbury Academic Рейтинг: Цена: 89760.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns, both in the European Union and the United States, on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law, and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century. (Series: Hart Studies in Security and Justice, Vol. 1) Subject: Constitutional Law, Security Studies, Human Rights, Criminal Law, Privacy Law] ? ? ? ? ? ? ? ?
Автор: Cabrera Luis Название: The Humble Cosmopolitan: Rights, Diversity, and Trans-State Democracy ISBN: 019086950X ISBN-13(EAN): 9780190869502 Издательство: Oxford Academ Рейтинг: Цена: 152890.00 T Наличие на складе: Нет в наличии. Описание: Is a strong cosmopolitan stance irretrievably arrogant? Cosmopolitanism, which affirms universal moral principles and grants no fundamental moral significance to the state, has become increasingly central to normative political theory. Yet, it has faced persistent claims that it disdains local attachments and cultures, while also seeking the neo-imperialistic imposition of Western moral views on all persons. The critique is said to apply with even greater force to institutional cosmopolitan approaches, which seek the development of global political institutions capable of promoting global aims for human rights, democracy, etc. This book works to address such objections through developing a novel theory of cosmopolitan political humility. It draws on the work of Indian constitutional architect and social activist B.R. Ambedkar, who cited universal principles of equality and rights in confronting domestic exclusions and the arrogance of caste. He sought to advance forms of political humility, or the recognition of equal standing, and openness to input and challenge within political institutions. This book explores how an institutional global citizenship approach to cosmopolitanism could similarly promote political humility globally, by supporting the development of democratic input and challenge mechanisms beyond the state. Such developments would challenge an essential political arrogance identified in the current system, where sovereign states are empowered to simply dismiss rights-based challenges from outsiders or their own populations--even as they serve as the designated guarantors of human rights. The book employs an innovative grounded normative theory method, where extensive original field research informs the development of moral claims. Insights are taken from Dalit activists reaching out to United Nations human rights bodies for support in challenging caste discrimination, and from their critics in the governing Bharatiya Janata Party. Further insights are drawn from Turkish protestors confronting a rising domestic authoritarianism, and from UK Independence Party members demanding Brexit from the European Union--in part because predominantly Muslim Turkey could eventually join. Overall, it is shown, an institutional global citizenship approach can inform the development of a global framework which would orient fundamentally to political humility rather than arrogance, and which could significantly advance global rights protections.
Автор: David D Cole, Federico Fabbrini, Stephen Schulhofer Название: Surveillance, Privacy and Trans-Atlantic Relations ISBN: 1509930043 ISBN-13(EAN): 9781509930043 Издательство: Bloomsbury Academic Рейтинг: Цена: 36950.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание: Recent revelations, by Edward Snowden and others, of the vast network of government spying enabled by modern technology have raised major concerns both in the European Union and the United States on how to protect privacy in the face of increasing governmental surveillance. This book brings together some of the leading experts in the fields of constitutional law, criminal law and human rights from the US and the EU to examine the protection of privacy in the digital era, as well as the challenges that counter-terrorism cooperation between governments pose to human rights. It examines the state of privacy protections on both sides of the Atlantic, the best mechanisms for preserving privacy, and whether the EU and the US should develop joint transnational mechanisms to protect privacy on a reciprocal basis. As technology enables governments to know more and more about their citizens, and about the citizens of other nations, this volume offers critical perspectives on how best to respond to one of the most challenging developments of the twenty-first century.
Автор: Shannon Morreira Название: Rights After Wrongs: Local Knowledge and Human Rights in Zimbabwe ISBN: 0804798370 ISBN-13(EAN): 9780804798372 Издательство: Mare Nostrum (Eurospan) Рейтинг: Цена: 108680.00 T Наличие на складе: Есть у поставщика Поставка под заказ. Описание:
The international legal framework of human rights presents itself as universal. But rights do not exist as a mere framework; they are enacted, practiced, and debated in local contexts. Rights After Wrongs ethnographically explores the chasm between the ideals and the practice of human rights. Specifically, it shows where the sweeping colonial logics of Western law meets the lived experiences, accumulated histories, and humanitarian debts present in post-colonial Zimbabwe.
Through a comprehensive survey of human rights scholarship, Shannon Morreira explores the ways in which the global framework of human rights is locally interpreted, constituted, and contested in Harare, Zimbabwe, and Musina and Cape Town, South Africa. Presenting the stories of those who lived through the violent struggles of the past decades, Morreira shows how supposedly universal ideals become localized in the context of post-colonial Southern Africa. Rights After Wrongs uncovers the disconnect between the ways human rights appear on paper and the ways in which it is possible for people to use and understand them in everyday life.
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