Human Rights Law and the Marginalized Other

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Author :
Publisher : Cambridge University Press
ISBN 13 : 113950326X
Total Pages : 269 pages
Book Rating : 4.1/5 (395 download)

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Book Synopsis Human Rights Law and the Marginalized Other by : William Paul Simmons

Download or read book Human Rights Law and the Marginalized Other written by William Paul Simmons and published by Cambridge University Press. This book was released on 2011-09-26 with total page 269 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a groundbreaking application of contemporary philosophy to human rights law that proposes significant innovations for the progressive development of human rights. Drawing on the works of prominent 'philosophers of the Other' including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler and, most centrally, the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this should inspire a human rights law that is grounded in transcendental justice and framed from the perspective of marginalized groups. This would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency and responsibility. This differs markedly from more conventional theories that prioritize the autonomy of the ego, state sovereignty, democracy and/or equality.

Vulnerable and Marginalised Groups and Human Rights

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Author :
Publisher : Edward Elgar Publishing
ISBN 13 : 9781849803922
Total Pages : 0 pages
Book Rating : 4.8/5 (39 download)

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Book Synopsis Vulnerable and Marginalised Groups and Human Rights by : David S. Weissbrodt

Download or read book Vulnerable and Marginalised Groups and Human Rights written by David S. Weissbrodt and published by Edward Elgar Publishing. This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful volume addresses human rights from the perspective of those groups whose rights are especially vulnerable to abuse, with particular reference to stateless or internally-displaced persons, linguistic, cultural and sexual minorities and disabled people. Professor Weissbrodt and Professor Rumsey have brought together a comprehensive selection which elucidates the problems common to all vulnerable groups and provides a deeper understanding of their situation. In their original introduction the editors discuss the question of protecting group rights in international law and provide an authoritative overview of the issues raised. The volume will be an invaluable reference source for scholars and practitioners interested in human rights law and will also appeal to scholars in the fields of philosophy, human rights theory and disability studies.

International Law and its Others

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Publisher : Cambridge University Press
ISBN 13 : 1139460390
Total Pages : 401 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis International Law and its Others by : Anne Orford

Download or read book International Law and its Others written by Anne Orford and published by Cambridge University Press. This book was released on 2006-11-02 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.

Joyful Human Rights

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812251016
Total Pages : 304 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Joyful Human Rights by : William Paul Simmons

Download or read book Joyful Human Rights written by William Paul Simmons and published by University of Pennsylvania Press. This book was released on 2019-03-15 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In popular, legal, and academic discourses, the term "human rights" is now almost always discussed in relation to its opposite: human rights abuses. Syllabi, textbooks, and articles focus largely on victimization and trauma, with scarcely a mention of a positive dimension. Joy, especially, is often discounted and disregarded. William Paul Simmons asserts that there is a time and place—and necessity—in human rights work for being joyful. Joyful Human Rights leads us to challenge human rights' foundations afresh. Focusing on joy shifts the way we view victims, perpetrators, activists, and martyrs; and mitigates our propensity to express paternalistic or heroic attitudes toward human rights victims. Victims experience joy—indeed, it is often what sustains them and, in many cases, what best facilitates their recovery from trauma. Instead of reducing individuals merely to victim status or the tragedies they have experienced, human rights workers can help harmed individuals reclaim their full humanity, which includes positive emotions such as joy. A joy-centered approach provides new insights into foundational human rights issues such as motivations of perpetrators , trauma and survivorship, the work of social movements and activists, philosophical and historical origins of human rights, and the politicization of human rights. Many concepts rarely discussed in the field play important roles here, including social erotics, clowning, dancing, expressive arts therapy, posttraumatic growth, and the Buddhist terms metta (loving kindness) and mudita (sympathetic joy). Joyful Human Rights provides a new framework—one based upon a more comprehensive understanding of human experiences—for theorizing and practicing a more affirmative and robust notion of human rights.

Marginalized Communities and Access to Justice

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Publisher : Routledge
ISBN 13 : 1135236135
Total Pages : 281 pages
Book Rating : 4.1/5 (352 download)

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Book Synopsis Marginalized Communities and Access to Justice by : Yash Ghai CBE

Download or read book Marginalized Communities and Access to Justice written by Yash Ghai CBE and published by Routledge. This book was released on 2009-12-16 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.

Human Rights Law and the Marginalized Other

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Publisher :
ISBN 13 :
Total Pages : 251 pages
Book Rating : 4.:/5 (19 download)

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Book Synopsis Human Rights Law and the Marginalized Other by : William Paul Simmons

Download or read book Human Rights Law and the Marginalized Other written by William Paul Simmons and published by . This book was released on 2011 with total page 251 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Subjectivity, Citizenship and Belonging in Law

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Publisher : Routledge
ISBN 13 : 1317308131
Total Pages : 268 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Subjectivity, Citizenship and Belonging in Law by : Anne Griffiths

Download or read book Subjectivity, Citizenship and Belonging in Law written by Anne Griffiths and published by Routledge. This book was released on 2016-10-04 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of articles critically examines legal subjectivity and ideas of citizenship inherent in legal thought. The chapters offer a novel perspective on current debates in this area by exploring the connections between public and political issues as they intersect with more intimate sets of relations and private identities. Covering issues as diverse as autonomy, vulnerability and care, family and work, immigration control, the institution of speech, and the electorate and the right to vote, they provide a broader canvas upon which to comprehend more complex notions of citizenship, personhood, identity and belonging in law, in their various ramifications. Chapter 7 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

The Debasement of Human Rights

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Publisher : Encounter Books
ISBN 13 : 1594039801
Total Pages : 271 pages
Book Rating : 4.5/5 (94 download)

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Book Synopsis The Debasement of Human Rights by : Aaron Rhodes

Download or read book The Debasement of Human Rights written by Aaron Rhodes and published by Encounter Books. This book was released on 2018-04-17 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: The idea of human rights began as a call for individual freedom from tyranny, yet today it is exploited to rationalize oppression and promote collectivism. How did this happen? Aaron Rhodes, recognized as “one of the leading human rights activists in the world” by the University of Chicago, reveals how an emancipatory ideal became so debased. Rhodes identifies the fundamental flaw in the Universal Declaration of Human of Rights, the basis for many international treaties and institutions. It mixes freedom rights rooted in natural law—authentic human rights—with “economic and social rights,” or claims to material support from governments, which are intrinsically political. As a result, the idea of human rights has lost its essential meaning and moral power. The principles of natural rights, first articulated in antiquity, were compromised in a process of accommodation with the Soviet Union after World War II, and under the influence of progressivism in Western democracies. Geopolitical and ideological forces ripped the concept of human rights from its foundations, opening it up to abuse. Dissidents behind the Iron Curtain saw clearly the difference between freedom rights and state-granted entitlements, but the collapse of the USSR allowed demands for an expanding array of economic and social rights to gain legitimacy without the totalitarian stigma. The international community and civil society groups now see human rights as being defined by legislation, not by transcendent principles. Freedoms are traded off for the promise of economic benefits, and the notion of collective rights is used to justify restrictions on basic liberties. We all have a stake in human rights, and few serious observers would deny that the concept has lost clarity. But no one before has provided such a comprehensive analysis of the problem as Rhodes does here, joining philosophy and history with insights from his own extensive work in the field.

Crime, Justice and Human Rights

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Publisher : Bloomsbury Publishing
ISBN 13 : 1137299215
Total Pages : 264 pages
Book Rating : 4.1/5 (372 download)

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Book Synopsis Crime, Justice and Human Rights by : Leanne Weber

Download or read book Crime, Justice and Human Rights written by Leanne Weber and published by Bloomsbury Publishing. This book was released on 2017-09-16 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: A specialized introduction to the philosophy, law and politics of human rights, uniquely tailored to criminologists and criminal justice practitioners. Exploring the connections between existing criminological scholarship and human rights frameworks, the book helps readers to incorporate human rights paradigms into their criminological analysis.

Making Human

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Publisher : University of Michigan Press
ISBN 13 : 0472052497
Total Pages : 281 pages
Book Rating : 4.4/5 (72 download)

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Book Synopsis Making Human by : Matthew S. Weinert

Download or read book Making Human written by Matthew S. Weinert and published by University of Michigan Press. This book was released on 2015-02-20 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: An International Relations scholar examines the processes by which formerly denigrated peoples become recognized as human beings worthy of rights and dignity

The Oxford Handbook of International Refugee Law

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Publisher : Oxford University Press
ISBN 13 : 0192588338
Total Pages : 1337 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis The Oxford Handbook of International Refugee Law by : Cathryn Costello

Download or read book The Oxford Handbook of International Refugee Law written by Cathryn Costello and published by Oxford University Press. This book was released on 2021-06-02 with total page 1337 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Oxford Handbook of International Refugee Law is a comprehensive, critical work, which analyses the state of research across the refugee law regime as a whole. Drawing together leading and emerging scholars, the Handbook provides both doctrinal and theoretical analyses of international refugee law and practice. It critiques existing law from a variety of normative positions, with several chapters identifying foundational flaws that open up space for radical rethinking. Many authors work directly in the field, and their contributions demonstrate how scholarship and practice can mutually inform each other. Contributions assess a wide range of international legal instruments relevant to refugee protection, including from international human rights law, international humanitarian law, international migration law, the law of the sea, and international and transnational criminal law. Geographically, contributors examine regional and domestic laws and practices from around the world, with 10 chapters focused on specific regions. This Handbook provides an account, as well as a critique, of the status quo, and in so doing it sets the agenda for future academic research in international refugee law.

Research Methods in Human Rights

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Publisher : Routledge
ISBN 13 : 131737374X
Total Pages : 272 pages
Book Rating : 4.3/5 (173 download)

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Book Synopsis Research Methods in Human Rights by : Lee McConnell

Download or read book Research Methods in Human Rights written by Lee McConnell and published by Routledge. This book was released on 2018-04-20 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Research Methods in Human Rights introduces the reader to key methodological approaches to Human Rights research in a clear and accessible way. Drawing on the expertise of a panel of contributors, the text clearly explains the key theories and methods commonly used in Human Rights research and provides guidance on when each approach is appropriate. It addresses such approaches to Human Rights research as qualitative methods, quantitative analysis, critical ethnography and comparative approaches, supported by a wide range of geographic case studies and with reference to a wide range of subject areas. The book suggests further reading and directs the reader to excellent examples from research outputs of each method in practice. This book is essential reading for students with backgrounds in law as well as political and social sciences who wish to understand more about the methods and ethics of conducting Human Rights research.

Protracted Refugee Situations

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Publisher : Taylor & Francis
ISBN 13 : 9780415382984
Total Pages : 100 pages
Book Rating : 4.3/5 (829 download)

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Book Synopsis Protracted Refugee Situations by : Gil Loescher

Download or read book Protracted Refugee Situations written by Gil Loescher and published by Taylor & Francis. This book was released on 2005 with total page 100 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2006. Routledge is an imprint of Taylor & Francis, an informa company.

Intersectional Discrimination

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Publisher : Oxford University Press
ISBN 13 : 0192588834
Total Pages : 277 pages
Book Rating : 4.1/5 (925 download)

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Book Synopsis Intersectional Discrimination by : Shreya Atrey

Download or read book Intersectional Discrimination written by Shreya Atrey and published by Oxford University Press. This book was released on 2019-09-19 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the concept of intersectional discrimination and why it has been difficult for jurisdictions around the world to redress it in discrimination law. 'Intersectionality' was coined by Kimberlé Crenshaw in 1989. Thirty years since its conception, the term has become a buzzword in sociology, anthropology, feminist studies, psychology, literature, and politics. But it remains marginal in the discourse of discrimination law, where it was first conceived. Traversing its long and rich history of development, the book explains what intersectionality is as a theory and as a category of discrimination. It then explains what it takes for discrimination law to be reimagined from the perspective of intersectionality in reference to comparative laws in the US, UK, South Africa, Canada, India, and the jurisprudence of the European Courts (CJEU and ECtHR) and international human rights treaty bodies.

The Human Rights of Non-citizens

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Publisher : OUP Oxford
ISBN 13 : 0191563277
Total Pages : 300 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The Human Rights of Non-citizens by : David Weissbrodt

Download or read book The Human Rights of Non-citizens written by David Weissbrodt and published by OUP Oxford. This book was released on 2008-06-19 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-citizens include asylum seekers, rejected asylum seekers, immigrants, non-immigrants, migrant workers, refugees, stateless persons, and trafficked persons. This book argues that regardless of their citizenship status, non-citizens should, by virtue of their essential humanity, enjoy all human rights unless exceptional distinctions serve a legitimate State objective and are proportional to the achievement of that objective. Non-citizens should have freedom from arbitrary arrest, arbitrary killing, child labour, forced labour, inhuman treatment, invasions of privacy, refoulement, slavery, unfair trial, and violations of humanitarian law. Additionally, non-citizens should have the right to consular protection; equality; freedom of religion and belief; labour rights (for example, as to collective bargaining, workers' compensation, healthy and safe working conditions, etc.); the right to marry; peaceful association and assembly; protection as minors; social, cultural, and economic rights. There is a large gap, however, between the rights that international human rights law guarantee to non-citizens and the realities they face. In many countries, non-citizens are confronted with institutional and endemic discrimination and suffering. The situation has worsened since 11 September 2001, as several governments have detained or otherwise violated the rights of non-citizens in response to fears of terrorism. This book attempts to understand and respond to the challenges of international human rights law guarantees for non-citizens human rights.

Binational Human Rights

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Publisher : University of Pennsylvania Press
ISBN 13 : 0812209982
Total Pages : 310 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Binational Human Rights by : William Paul Simmons

Download or read book Binational Human Rights written by William Paul Simmons and published by University of Pennsylvania Press. This book was released on 2014-08-12 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mexico ranks highly on many of the measures that have proven significant for creating a positive human rights record, including democratization, good health and life expectancy, and engagement in the global economy. Yet the nation's most vulnerable populations suffer human rights abuses on a large scale, such as gruesome killings in the Mexican drug war, decades of violent feminicide, migrant deaths in the U.S. desert, and the ongoing effects of the failed detention and deportation system in the States. Some atrocities have received extensive and sensational coverage, while others have become routine or simply ignored by national and international media. Binational Human Rights examines both well-known and understudied instances of human rights crises in Mexico, arguing that these abuses must be understood not just within the context of Mexican policies but in relation to the actions or inactions of other nations—particularly the United States. The United States and Mexico share the longest border in the world between a developed and a developing nation; the relationship between the two nations is complex, varied, and constantly changing, but the policies of each directly affect the human rights situation across the border. Binational Human Rights brings together leading scholars and human rights activists from the United States and Mexico to explain the mechanisms by which a perfect storm of structural and policy factors on both sides has led to such widespread human rights abuses. Through ethnography, interviews, and legal and economic analysis, contributors shed new light on the feminicides in Ciudad Juárez, the drug war, and the plight of migrants from Central America and Mexico to the United States. The authors make clear that substantial rhetorical and structural shifts in binational policies are necessary to significantly improve human rights. Contributors: Alejandro Anaya Muñoz, Luis Alfredo Arriola Vega, Timothy J. Dunn, Miguel Escobar-Valdez, Clara Jusidman, Maureen Meyer, Carol Mueller, Julie A. Murphy Erfani, William Paul Simmons, Kathleen Staudt, Michelle Téllez.

The Human Face of the European Union

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Publisher : Cambridge University Press
ISBN 13 : 1107077222
Total Pages : 447 pages
Book Rating : 4.1/5 (7 download)

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Book Synopsis The Human Face of the European Union by : Nuno Ferreira

Download or read book The Human Face of the European Union written by Nuno Ferreira and published by Cambridge University Press. This book was released on 2016-08-18 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: This title assesses EU law and policy using a novel and alternative framework based on the notion of humaneness.