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Coercive Human Rights
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Book Synopsis Coercive Human Rights by : Laurens Lavrysen
Download or read book Coercive Human Rights written by Laurens Lavrysen and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights. The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the European Court of Human Rights on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
Book Synopsis Coercive Human Rights by : Laurens Lavrysen
Download or read book Coercive Human Rights written by Laurens Lavrysen and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
Book Synopsis Coercive Care by : Bernadette Mcsherry
Download or read book Coercive Care written by Bernadette Mcsherry and published by Routledge. This book was released on 2013-06-26 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
Download or read book Coercive Control written by Evan Stark and published by Oxford University Press. This book was released on 2009 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on cases, Stark identifies the problems with our current approach to domestic violence, outlines the components of coercive control, and then uses this alternate framework to analyse the cases of battered women charged with criminal offenses directed at their abusers.
Book Synopsis Torture and Impunity by : Alfred W. McCoy
Download or read book Torture and Impunity written by Alfred W. McCoy and published by University of Wisconsin Pres. This book was released on 2012-08-24 with total page 423 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many Americans have condemned the “enhanced interrogation” techniques used in the War on Terror as a transgression of human rights. But the United States has done almost nothing to prosecute past abuses or prevent future violations. Tracing this knotty contradiction from the 1950s to the present, historian Alfred W. McCoy probes the political and cultural dynamics that have made impunity for torture a bipartisan policy of the U.S. government. During the Cold War, McCoy argues, the U.S. Central Intelligence Agency covertly funded psychological experiments designed to weaken a subject’s resistance to interrogation. After the 9/11 terrorist attacks, the CIA revived these harsh methods, while U.S. media was flooded with seductive images that normalized torture for many Americans. Ten years later, the U.S. had failed to punish the perpetrators or the powerful who commanded them, and continued to exploit intelligence extracted under torture by surrogates from Somalia to Afghanistan. Although Washington has publicly distanced itself from torture, disturbing images from the prisons at Abu Ghraib and Guantanamo are seared into human memory, doing lasting damage to America’s moral authority as a world leader.
Book Synopsis Coercive Human Rights by : Laurens Lavrysen
Download or read book Coercive Human Rights written by Laurens Lavrysen and published by Bloomsbury Publishing. This book was released on 2020-11-12 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
Book Synopsis Effective Strategies for Protecting Human Rights by : David Barnhizer
Download or read book Effective Strategies for Protecting Human Rights written by David Barnhizer and published by Routledge. This book was released on 2017-11-01 with total page 261 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title was first published in 2001: This book brings together the experiences of a diverse range of leading human rights advocates and activists to demonstrate strategies for protecting human rights. The volume identifies strategic problems and approaches and offers a range of strategies that hold promise for sanctioning human rights offenders and for inhibiting the behaviour of those who might otherwise engage in such activities. The contributors include, inter alia, Noam Chomsky, Justice Richard Goldstone of the Constitutional Court of South Africa who served as Chief Prosecutor of the UN War Crimes Tribunals for the former Yugoslavia and Rwanda, and David Rawson, United States Ambassador to Rwanda during the tragic genocide. Those who work in the disparate field of human rights increasingly understand the need to see the system strategically rather than piecemeal. This volume captures their insights and looks at both private and public actors, including the uses and limitations of international fora to prosecute violations. The focus is expanded to include private actions because political issues too often interfere with enforcement of human rights laws - allowing violators to hide behind the unwillingness of national governments to take action.
Book Synopsis Constitutional Limits on Coercive Interrogation by : Amos N. Guiora
Download or read book Constitutional Limits on Coercive Interrogation written by Amos N. Guiora and published by Oxford University Press. This book was released on 2008-04-18 with total page 186 pages. Available in PDF, EPUB and Kindle. Book excerpt: On September 11, 2001 terrorism instantly became the defining issue of our age. The resulting debates surrounding the inherent tension between national security interests and individual civil rights has focused national and international attention on how post-9/11 detainees at Guantanamo Bay, Abu Ghraib, and around the world have been interrogated. All concerned agree that, while interrogation practices represent a crucial meeting ground between human rights and counter-terrorism measures, the limits placed on interrogators are perhaps the most difficult to define for they determine how "far" a civil society is willing to go in fighting the exigencies that terror presents. In The Constitutional Limits of Coercive Investigation, Amos Guiora offers a theoretical analysis and a practical application of coercive interrogation, and in doing so, suggests developing and implementing a hybrid paradigm based on American criminal law, the Geneva Convention, and the Israeli model of trial as the most relevant judicial regime. Guiora offers a unique contribution to the public debate by creatively utilizing a historical analysis of the system of "justice" for African-Americans in the Deep South of the past century to serve as a guide for the constitutional rights and protections which need to be granted or extended to an unprotected class. He then indicates which interrogation methods are within the boundaries of the law by both recommending protection of the detainees and providing interrogators with the tools required to protect America's vital interests.
Book Synopsis Criminalising Coercive Control by : Marilyn McMahon
Download or read book Criminalising Coercive Control written by Marilyn McMahon and published by Springer Nature. This book was released on 2020-02-28 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.
Book Synopsis Coercive Brain-reading in Criminal Law by : Sjors Ligthart
Download or read book Coercive Brain-reading in Criminal Law written by Sjors Ligthart and published by . This book was released on 2021 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Coercive Diplomacy, Sanctions and International Law by : Natalino Ronzitti
Download or read book Coercive Diplomacy, Sanctions and International Law written by Natalino Ronzitti and published by Martinus Nijhoff Publishers. This book was released on 2016-03-24 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores sanctions as instruments of coercive diplomacy, delving into a number of theoretical arguments and combining different perspectives from international law and international relations scholars and practitioners.
Book Synopsis Coercive Brain-Reading in Criminal Justice by : Sjors Ligthart
Download or read book Coercive Brain-Reading in Criminal Justice written by Sjors Ligthart and published by Cambridge University Press. This book was released on 2022-09-01 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Emerging neurotechnology offers increasingly individualised brain information, enabling researchers to identify mental states and content. When accurate and valid, these brain-reading technologies also provide data that could be useful in criminal legal procedures, such as memory detection with EEG and the prediction of recidivism with fMRI. Yet, unlike in medicine, individuals involved in criminal cases will often be reluctant to undergo brain-reading procedures. This raises the question of whether coercive brain-reading could be permissible in criminal law. Coercive Brain-Reading in Criminal Justice examines this question in view of European human rights: the prohibition of ill-treatment, the right to privacy, freedom of thought, freedom of expression, and the privilege against self-incrimination. The book argues that, at present, the established framework of human rights does not exclude coercive brain-reading. It does, however, delimit the permissible use of forensic brain-reading without valid consent. This cautionary, cutting-edge book lays a crucial foundation for understanding the future of criminal legal proceedings in a world of ever-advancing neurotechnology.
Book Synopsis Human rights and criminal procedure by : Jeremy McBride
Download or read book Human rights and criminal procedure written by Jeremy McBride and published by Council of Europe. This book was released on 2018-06-18 with total page 529 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Book Synopsis Coercive Control by : Charlotte Barlow
Download or read book Coercive Control written by Charlotte Barlow and published by Routledge. This book was released on 2022-01-18 with total page 90 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers a critical appreciation of the nature and impact of coercive control in interpersonal relationships. It examines what this concept means, who is impacted by the behaviours it captures, and how academics, policymakers, and policy advocates have responded to the increasing recognition of the deleterious effects that coercive control has on especially women’s lives. The book discusses the historical emergence of this concept, who its main proponents have been, and how its effects have been understood. It considers the role of coercive control in making sense of women’s pathway into crime as well as their experiences of it as victims. Coercive control has been presented predominantly as a gendered process, and consideration is given in this book to the efficacy of this assumption as well as the extent to which the concept makes sense for a wide constituency of marginalized women. In recent years, much energy has been given to efforts to criminalize coercive control, and the concerns that these efforts generate are discussed in detail, alongside what the limitations to such initiatives might be. In conclusion, the book situates the rising pre-occupation with coercive control within the broader concerns with policy transfer, ways of taking account of victim-survivor voices, alongside the importance of working towards more holistic policy responses to violence(s) against women. The book will be of particular interest to academics, policymakers, and practitioners working in criminal justice who wish to understand both the nature and extent of coercive control and the importance of appreciating the role of nuance in translating that understanding into practice.
Book Synopsis Coercion and the State by : David A. Reidy
Download or read book Coercion and the State written by David A. Reidy and published by Springer Science & Business Media. This book was released on 2008-03-19 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.
Download or read book Hard Bargains written by Mona Lynch and published by Russell Sage Foundation. This book was released on 2016-11-01 with total page 206 pages. Available in PDF, EPUB and Kindle. Book excerpt: The convergence of tough-on-crime politics, stiffer sentencing laws, and jurisdictional expansion in the 1970s and 1980s increased the powers of federal prosecutors in unprecedented ways. In Hard Bargains, social psychologist Mona Lynch investigates the increased power of these prosecutors in our age of mass incarceration. Lynch documents how prosecutors use punitive federal drug laws to coerce guilty pleas and obtain long prison sentences for defendants—particularly those who are African American— and exposes deep injustices in the federal courts. As a result of the War on Drugs, the number of drug cases prosecuted each year in federal courts has increased fivefold since 1980. Lynch goes behind the scenes in three federal court districts and finds that federal prosecutors have considerable discretion in adjudicating these cases. Federal drug laws are wielded differently in each district, but with such force to overwhelm defendants’ ability to assert their rights. For drug defendants with prior convictions, the stakes are even higher since prosecutors can file charges that incur lengthy prison sentences—including life in prison without parole. Through extensive field research, Lynch finds that prosecutors frequently use the threat of extremely severe sentences to compel defendants to plead guilty rather than go to trial and risk much harsher punishment. Lynch also shows that the highly discretionary ways in which federal prosecutors work with law enforcement have led to significant racial disparities in federal courts. For instance, most federal charges for crack cocaine offenses are brought against African Americans even though whites are more likely to use crack. In addition, Latinos are increasingly entering the federal system as a result of aggressive immigration crackdowns that also target illicit drugs. Hard Bargains provides an incisive and revealing look at how legal reforms over the last five decades have shifted excessive authority to federal prosecutors, resulting in the erosion of defendants’ rights and extreme sentences for those convicted. Lynch proposes a broad overhaul of the federal criminal justice system to restore the balance of power and retreat from the punitive indulgences of the War on Drugs.
Book Synopsis Regulating New Technologies in Uncertain Times by : Leonie Reins
Download or read book Regulating New Technologies in Uncertain Times written by Leonie Reins and published by Springer. This book was released on 2019-03-21 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with questions of democracy and governance relating to new technologies. The deployment and application of new technologies is often accompanied with uncertainty as to their long-term (un)intended impacts. New technologies also raise questions about the limits of the law as the line between harmful and beneficial effects is often difficult to draw. The volume explores overarching concepts on how to regulate new technologies and their implications in a diverse and constantly changing society, as well as the way in which regulation can address differing, and sometimes conflicting, societal objectives, such as public health and the protection of privacy. Contributions focus on a broad range of issues such as Citizen Science, Smart Cities, big data, and health care, but also on the role of market regulation for new technologies.The book will serve as a useful research tool for scholars and practitioners interested in the latest developments in the field of technology regulation. Leonie Reins is Assistant Professor at the Tilburg Institute for Law, Technology, and Society (TILT) in The Netherlands.
