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Access To Justice And Human Security
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Book Synopsis Access to Justice and Human Security by : Sindiso Mnisi Weeks
Download or read book Access to Justice and Human Security written by Sindiso Mnisi Weeks and published by Routledge. This book was released on 2017-11-22 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: For most people in rural South Africa, traditional justice mechanisms provide the only feasible means of accessing any form of justice. These mechanisms are popularly associated with restorative justice, reconciliation and harmony in rural communities. Yet, this ethnographic study grounded in the political economy of rural South Africa reveals how historical conditions and contemporary pressures have strained these mechanisms’ ability to deliver the high normative ideals with which they are notionally linked. In places such as Msinga access to justice is made especially precarious by the reality that human insecurity – a composite of physical, social and material insecurity – is high for both ordinary people and the authorities who staff local justice forums; cooperation is low between traditional justice mechanisms and the criminal and social justice mechanisms the state is meant to provide; and competition from purportedly more effective ‘twilight institutions’, like vigilante associations, is rife. Further contradictions are presented by profoundly gendered social relations premised on delicate social trust that is closely monitored by one’s community and enforced through self-help measures like witchcraft accusations in a context in which violence is, culturally and practically, a highly plausible strategy for dispute management. These contextual considerations compel us to ask what justice we can reasonably speak of access to in such an insecure context and what solutions are viable under such volatile human conditions? The book concludes with a vision for access to justice in rural South Africa that takes seriously ordinary people’s circumstances and traditional authorities’ lived experiences as documented in this detailed study. The author proposes a cooperative governance model that would maximise the resources and capacity of both traditional and state justice apparatus for delivering the legal and social justice – namely, peace and protection from violence as well as mitigation of poverty and destitution – that rural people genuinely need.
Book Synopsis Access to Justice as a Human Right by : Francesco Francioni
Download or read book Access to Justice as a Human Right written by Francesco Francioni and published by OUP Oxford. This book was released on 2007-10-25 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.
Book Synopsis The Viability of Human Security by : Monica den Boer
Download or read book The Viability of Human Security written by Monica den Boer and published by Amsterdam University Press. This book was released on 2008 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume elaborates on the EU report A Human Security Doctrine for Europe, adding an engaging discussion of international legal consequences and operational demands in the European Union’s quest for domestic security. Introducing the concept of “Human Security from Below,” the editors highlight how people in war-torn countries have no choice but to create their own security arrangements. But such structures, surprisingly, are not unique to war zones, the contributors reveal—human security initiatives from below occur in even the most stable Western countries. Arguing that human security as a concept only makes sense if it covers both foreign and domestic policy concerns, The Viability of Human Security offers concise insights on this largely neglected topic.
Book Synopsis Access to Justice by : Rebecca L. Sanderfur
Download or read book Access to Justice written by Rebecca L. Sanderfur and published by Emerald Group Publishing. This book was released on 2009-03-23 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around the world, access to justice enjoys an energetic and passionate resurgence as an object both of scholarly inquiry and political contest, as both a social movement and a value commitment motivating study and action. This work evidences a deeper engagement with social theory than past generations of scholarship.
Book Synopsis Access to Justice and Legal Aid by : Asher Flynn
Download or read book Access to Justice and Legal Aid written by Asher Flynn and published by Bloomsbury Publishing. This book was released on 2017-01-26 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers how access to justice is affected by restrictions to legal aid budgets and increasingly prescriptive service guidelines. As common law jurisdictions, England and Wales and Australia, share similar ideals, policies and practices, but they differ in aspects of their legal and political culture, in the nature of the communities they serve and in their approaches to providing access to justice. These jurisdictions thus provide us with different perspectives on what constitutes justice and how we might seek to overcome the burgeoning crisis in unmet legal need. The book fills an important gap in existing scholarship as the first to bring together new empirical and theoretical knowledge examining different responses to legal aid crises both in the domestic and comparative contexts, across criminal, civil and family law. It achieves this by examining the broader social, political, legal, health and welfare impacts of legal aid cuts and prescriptive service guidelines. Across both jurisdictions, this work suggests that it is the most vulnerable groups who lose out in the way the law now operates in the twenty-first century. This book is essential reading for academics, students, practitioners and policymakers interested in criminal and civil justice, access to justice, the provision of legal assistance and legal aid.
Book Synopsis Access to Justice and International Organizations by : Pierre Schmitt
Download or read book Access to Justice and International Organizations written by Pierre Schmitt and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 416 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recent examples such as the cholera outbreak in Haiti demonstrate that individual victims of human rights violations by international organizations are frequently left in the cold. Following an examination of the human rights obligations of international organizations, this book scrutinizes their dispute settlement mechanisms as well as the conflict between their immunities and the right of access to justice before national jurisdictions. It concludes with normative proposals addressed both to international organizations and to national judges confronted with such cases.
Book Synopsis Access to Justice in Iran by : Sahar Maranlou
Download or read book Access to Justice in Iran written by Sahar Maranlou and published by Cambridge University Press. This book was released on 2015 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: A critical and in-depth analysis of access to justice from international and Islamic perspectives, with a specific focus on access by women.
Book Synopsis Accessing and Implementing Human Rights and Justice by : Kurt Mills
Download or read book Accessing and Implementing Human Rights and Justice written by Kurt Mills and published by Routledge. This book was released on 2018-12-26 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Accessing human rights and justice mechanisms is a pressing issue in global politics. Although an understanding of justice is inherent in broad human rights discourses, there is no clear consensus on how to develop adequate means of accessing them in order to make a difference to people’s lives. Further, expansions of the boundaries of both human rights and justice make any clear and settled understanding of the relation difficult to ascertain. This volume tackles these issues by focusing on the dilemmas of accessing and implementing human rights and justice across a range of empirical contexts while also investigating a range of conceptual approaches to, and understandings of, justice, including issues of equality, retribution, and restoration, as well as justice as a transnational professional project. The contributors, representing a range of disciplinary backgrounds and diverse voices, offer empirical examples from Afghanistan, Democratic Republic of the Congo, Syria, Tunisia, and Uganda to explore the issues of accessing and implementing human rights and justice in conflict, post-conflict, and transitional settings. This work will be of interest to students and scholars of international relations, human rights, international criminal justice, and conflict response.
Book Synopsis Access to International Justice by : Patrick Keyzer
Download or read book Access to International Justice written by Patrick Keyzer and published by Routledge. This book was released on 2014-11-20 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: There is much debate about the scope of international law, its compatibility with individual state practice, its enforceability and the recent and limited degree to which it is institutionalized. This collection of essays seeks to address the issue of access to justice, the related element of domestic rule of law which does not yet figure significantly in debates about international rule of law. Even in cases in which laws are passed, institutions are present and key players are ethically committed to the rule of law, those whom the laws are intended to protect may be unable to secure protection. This is an issue in most domestic jurisdictions but also one which poses severe problems for international justice worldwide. The book will be of interest to academics and practitioners of international law, environmental law, transitional justice, international development, human rights, ethics, international relations and political theory.
Book Synopsis Justice and Security in the 21st Century by : Barbara Hudson
Download or read book Justice and Security in the 21st Century written by Barbara Hudson and published by Routledge. This book was released on 2012-01-30 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the question of whether justice or security is the primary virtue of 21st-century society. The issue of enhancing security without undermining justice – managing risk without undermining the rule of law – has always been problematic. However, recent developments such as new counter-terrorism measures, the expanding scope of criminal law, harsher migration control and an increasingly pronounced concern with public safety, have posed new challenges. The key element of these contemporary challenges is that of membership and exclusion: that is, who is to be included within the community of justice, and against whom is the just community aiming to defend itself? Justice and Security in the 21st Century brings together researchers from various academic disciplines and different countries in order to explore these developments. It attempts to chart the complex landscapes of justice, human rights and the rule of law in an era when such ideals are challenged by increasing demands for efficiency, effectiveness, public safety and security. This edited volume will be of much interest to students of critical legal studies, criminology, critical security studies, human rights, sociology and IR in general.
Book Synopsis Transitional Justice in Balance by : Tricia D. Olsen
Download or read book Transitional Justice in Balance written by Tricia D. Olsen and published by United States Institute of Peace Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the first project of its kind to compare multiple mechanisms and combinations of mechanisms across regions, countries, and time, Transitional Justice in Balance: Comparing Processes, Weighing Efficacy systematically analyzes the claims made in the literature using a vast array of data, which the authors have assembled in the Transitional Justice Data Base.
Book Synopsis Access to Justice for Disadvantaged Communities by : Marjorie Mayo
Download or read book Access to Justice for Disadvantaged Communities written by Marjorie Mayo and published by Policy Press. This book was released on 2014-03-01 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Justice is a basic human right in all democratic doctrines, but in Britain, where welfare has faced recent market-based reforms, it’s increasingly a right available only to those who can afford it. Professionals and volunteers are struggling to provide services such as legal counselling and representation to disadvantaged communities. This book explores how strategies to safeguard these vital services can strengthen, rather than undermine, the basic ethics and principles of public service provision. The authors show how such safeguarding might improve the positions of those who administer—as well as those who need—publicly provided legal services. Though focused on Britain, their findings reverberate to the United States and all democracies undergoing similar challenges in the public sphere.
Book Synopsis Technology, Innovation and Access to Justice by : DE SOUZA SIDDHARTH
Download or read book Technology, Innovation and Access to Justice written by DE SOUZA SIDDHARTH and published by EUP. This book was released on 2022-11-30 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Around four billion people globally are unable to address their everyday legal problems and do not have the security, opportunity or protection to redress their grievances and injustices.
Book Synopsis Migration, Gender and Social Justice by : Thanh-Dam Truong
Download or read book Migration, Gender and Social Justice written by Thanh-Dam Truong and published by Springer. This book was released on 2013-09-06 with total page 408 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the product of a collaborative effort involving partners from Africa, Asia, Europe and Latin America who were funded by the International Development Research Centre Programme on Women and Migration (2006-2011). The International Institute of Social Studies at Erasmus University Rotterdam spearheaded a project intended to distill and refine the research findings, connecting them to broader literatures and interdisciplinary themes. The book examines commonalities and differences in the operation of various structures of power (gender, class, race/ethnicity, generation) and their interactions within the institutional domains of intra-national and especially inter-national migration that produce context-specific forms of social injustice. Additional contributions have been included so as to cover issues of legal liminality and how the social construction of not only femininity but also masculinity affects all migrants and all women. The resulting set of 19 detailed, interconnected case studies makes a valuable contribution to reorienting our perceptions and values in the discussions and decision-making concerning migration, and to raising awareness of key issues in migrants’ rights. All chapters were anonymously peer-reviewed. This book resulted from a series of projects funded by the International Development Research Centre (IDRC), Canada.
Book Synopsis Demanding Justice and Security by : Rachel Sieder
Download or read book Demanding Justice and Security written by Rachel Sieder and published by . This book was released on 2017 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Climate Justice and Human Rights by : Tracey Skillington
Download or read book Climate Justice and Human Rights written by Tracey Skillington and published by Springer. This book was released on 2016-11-25 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book shows that escalating climate destruction today is not the product of public indifference, but of the blocked democratic freedoms of peoples across the world to resist unwanted degrees of capitalist interference with their ecological fate or capacity to change the course of ecological disaster. The author assesses how this state of affairs might be reversed and the societal relevance of universal human rights rejuvenated. It explores how freedom from want, war, persecution and fear of ecological catastrophe might be better secured in the future through a democratic reorganization of procedures of natural resource management and problem resolution amongst self-determining communities. It looks at how increasing human vulnerability to climate destruction forms the basis of a new peoples-powered demand for greater climate justice, as well as a global movement for preventative action and reflexive societal learning.
Book Synopsis Human Rights and Justice by : Melissa Labonte
Download or read book Human Rights and Justice written by Melissa Labonte and published by Routledge. This book was released on 2018-06-27 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship between human rights and justice is significant, deep, and ultimately contested. The two terms themselves – human rights and justice – have experienced both conceptual and operational pushback from many quarters in recent years. Although an understanding of justice is inherent in broad human rights discourses, there is no clear consensus on how to integrate and reconcile these concepts – both as a means of advancing knowledge and as a mechanism for the development of sound and effective policy at the global, regional, and national levels. Further, expansions of the boundaries of both human rights and justice make any clear and settled understanding of the relation difficult to ascertain. This volume tackles these issues in a coherent and complementary manner. It examines a range of philosophical, economic, and social perspectives that are key to understanding the nature of the linkages between human rights and justice, written by scholars who are at varying stages of their careers, and whose ongoing work has sparked dialogue and exchange within and across these fields. This work will be of interest to students and scholars of human rights, international relations and ethics.
