State Responsibility for 'modern Slavery' in Human Rights Law

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Publisher :
ISBN 13 : 9780192692665
Total Pages : 0 pages
Book Rating : 4.6/5 (926 download)

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Book Synopsis State Responsibility for 'modern Slavery' in Human Rights Law by : Marija Jovanović

Download or read book State Responsibility for 'modern Slavery' in Human Rights Law written by Marija Jovanović and published by . This book was released on 2023 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Do humans have a right not to be trafficked? This book examines the legal nature of human trafficking and its relationship with human rights law. Drawing on the jurisprudence of the European Court of Human Rights, it shows that human trafficking is indeed a human rights violation requiring legislative and institutional responses from states.

State Responsibility for ʻModern Slaveryʼ in Human Rights Law

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Publisher : Oxford University Press
ISBN 13 : 0192692674
Total Pages : 241 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis State Responsibility for ʻModern Slaveryʼ in Human Rights Law by : Marija Jovanovic

Download or read book State Responsibility for ʻModern Slaveryʼ in Human Rights Law written by Marija Jovanovic and published by Oxford University Press. This book was released on 2023-01-18 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is ‘modern slavery’ and who is responsible for it? What is the relevance of human rights law, which primarily regulates state conduct, for practices predominantly committed by private actors? Where can victims seek justice and redress when national authorities fail to protect them? These questions are the core focus of this book. Marija Jovanovich analyses the role and responsibility of states for addressing ‘modern slavery’ – a diverse set of practices usually perpetrated by non-state actors – against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to secure justice for victims. The book considers the ‘absolute’ nature of the prohibition of modern slavery in human rights law, the range of practices covered by this umbrella term and their mutual relationships, the positive obligations of states established by international human rights tribunals owed to individuals subject to modern slavery, and the standards for assessing state responsibility in these situations. By engaging with the concept of exploitation in human rights law, Jovanovich glues together diverse practices of modern slavery, including servitude, forced labour, and human trafficking, into a coherent concept. The book elucidates the theoretical foundations of this fundamental human right and explains why human trafficking has an independent place within it. In addition to providing a comprehensive critique of the existing human rights jurisprudence, this book offers a roadmap for the future development of law on this subject emphasizing the limits of human rights law as a tool for addressing modern slavery.

State Responsibility for Modern Slavery in Human Rights Law

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Publisher : Oxford University Press
ISBN 13 : 0192867083
Total Pages : 241 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis State Responsibility for Modern Slavery in Human Rights Law by : Marija Jovanovic

Download or read book State Responsibility for Modern Slavery in Human Rights Law written by Marija Jovanovic and published by Oxford University Press. This book was released on 2023-02-10 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: What is 'modern slavery' and who is responsible for it? What is the relevance of human rights law, which primarily regulates state conduct, for practices predominantly committed by private actors? Where can victims seek justice and redress when national authorities fail to protect them? These questions are the core focus of this book. Marija Jovanovich analyses the role and responsibility of states for addressing 'modern slavery' DS a diverse set of practices usually perpetrated by non-state actors DS against the backdrop of international human rights law. It explores the dynamic between criminal law and human rights law and reveals the different ways these legal domains work to secure justice for victims. The book considers the 'absolute' nature of the prohibition of modern slavery in human rights law, the range of practices covered by this umbrella term and their mutual relationships, the positive obligations of states established by international human rights tribunals owed to individuals subject to modern slavery, and the standards for assessing state responsibility in these situations. By engaging with the concept of exploitation in human rights law, Jovanovich glues together diverse practices of modern slavery, including servitude, forced labour, and human trafficking, into a coherent concept. The book elucidates the theoretical foundations of this fundamental human right and explains why human trafficking has an independent place within it. In addition to providing a comprehensive critique of the existing human rights jurisprudence, this book offers a roadmap for the future development of law on this subject emphasizing the limits of human rights law as a tool for addressing modern slavery.

Human Trafficking and Slavery Reconsidered

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Publisher : Cambridge University Press
ISBN 13 : 1107162289
Total Pages : 513 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Human Trafficking and Slavery Reconsidered by : Vladislava Stoyanova

Download or read book Human Trafficking and Slavery Reconsidered written by Vladislava Stoyanova and published by Cambridge University Press. This book was released on 2017-03-16 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: An original analysis of the definition and scope of the right not to be held in slavery, servitude and forced labour.

The Law and Slavery

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Publisher : BRILL
ISBN 13 : 900427989X
Total Pages : 655 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis The Law and Slavery by : Jean Allain

Download or read book The Law and Slavery written by Jean Allain and published by BRILL. This book was released on 2015-05-13 with total page 655 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Law and Slavery delivers Professor Jean Allain’s foundations which have led to the renaissance of the legal understanding of slavery which has transformed the landscape related to human exploitation during the early 21st Century.

The International Law of Human Trafficking

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Publisher : Cambridge University Press
ISBN 13 : 1139492071
Total Pages : pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis The International Law of Human Trafficking by : Anne T. Gallagher

Download or read book The International Law of Human Trafficking written by Anne T. Gallagher and published by Cambridge University Press. This book was released on 2010-09-30 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Although human trafficking has a long and ignoble history, it is only recently that trafficking has become a major political issue for states and the international community and the subject of detailed international rules. Anne T. Gallagher calls on her direct experience working within the United Nations to chart the development of new international laws on this issue. She links these rules to the international law of state responsibility as well as key norms of international human rights law, transnational criminal law, refugee law and international criminal law, in the process identifying and explaining the major legal obligations of states with respect to preventing trafficking, protecting and supporting victims, and prosecuting perpetrators. This book is a groundbreaking work: a unique and valuable resource for policymakers, advocates, practitioners and scholars working in this controversial and important field.

The Construction of Fatherhood

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Publisher : Cambridge University Press
ISBN 13 : 9781108465861
Total Pages : 205 pages
Book Rating : 4.4/5 (658 download)

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Book Synopsis The Construction of Fatherhood by : Alice Margaria

Download or read book The Construction of Fatherhood written by Alice Margaria and published by Cambridge University Press. This book was released on 2021-02-11 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.

Addressing Modern Slavery

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Publisher : UNSW Press
ISBN 13 : 1742244637
Total Pages : 207 pages
Book Rating : 4.7/5 (422 download)

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Book Synopsis Addressing Modern Slavery by : Justine Nolan

Download or read book Addressing Modern Slavery written by Justine Nolan and published by UNSW Press. This book was released on 2019-09-01 with total page 207 pages. Available in PDF, EPUB and Kindle. Book excerpt: An estimated 40 million people are modern-day slaves, more than ever before in human history. Long after slavery was officially abolished, the practice not only continues but thrives. Whether they are women in electronics or apparel sweatshops, children in brick kilns or on cocoa farms, or men trapped in bonded labour working on construction sites, millions of people globally are forced to perform labour through coercion, intimidation or deceit. In a world of growing inequality and trade-offs between the haves and the have-nots, consumers, business and government are all part of the problem and the solution. While we have all become accustomed to fast fashion and cheap consumer goods, the affordability of these commodities often comes at the price of human exploitation. Addressing Modern Slavery examines slavery in the modern world and outlines ways it can be stopped. 'Addressing Modern Slavery is essential reading for anyone committed to understanding and tackling the scourge of modern slavery in contemporary businesses and supply chains.' — Fiona McGaughey, University of Western Australia ‘Justine Nolan and Martijn Boersma have expertly confronted the tragic reality of modern slavery and show us how exploited men, women and children are harmed in global supply chains. A slave may be far away or in our immediate neighbourhood. The book is based on years of careful research and outlines steps we can all take to respond to modern slavery.’ — Jennifer Burn, Professor, NSW Interim Anti-Slavery Commissioner ‘This is a hugely impressive book which builds a compelling argument as to why all organisations must work towards the elimination of modern slavery’ — David Cooke, Managing Director, Konica Minolta ‘The book should be a valuable resource for policymakers, business executives and civil society organisations alike, for it not only assesses the efficacy of existing regulatory initiatives and business practices, but also outlines what needs to change to eliminate modern slavery.’ — Surya Deva, City University of Hong Kong ‘This book exposes both the need and the opportunities to drive reform on modern slavery, particularly on forced labor. From case studies around business practices to examples grounded in the lived experiences of workers, Addressing Modern Slavery presents a comprehensive overview of the issue and empowers us all with the information we need to act.’ — Amol Mehra, Managing Director, Freedom Fund ‘Addressing Modern Slavery shines a light on the terrible human cost of our insatiable consumption. Pervasive labour exploitation is all too often forgotten in our emphasis on growth and GDP. This book is both a wake-up call and a powerful demonstration of how connectivity and collaboration can help us eradicate a systemic and urgent challenge.’ — Kumi Naidoo, Secretary General, Amnesty International

Contemporary Slavery

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Publisher : Cornell University Press
ISBN 13 : 1501718770
Total Pages : 402 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Contemporary Slavery by : Annie Bunting

Download or read book Contemporary Slavery written by Annie Bunting and published by Cornell University Press. This book was released on 2018-05-15 with total page 402 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume brings together a cast of leading experts to carefully explore how the history and iconography of slavery has been invoked to support a series of government interventions, activist projects, legal instruments, and rhetorical performances. However well-intentioned these interventions might be, they nonetheless remain subject to a host of limitations and complications. Recent efforts to combat contemporary slavery are too often sensationalist, self-serving, and superficial and, therefore, end up failing the crucial test of speaking truth to power. The widely held notion that antislavery is one of those rare issues that "transcends" politics or ideology is only sustainable because the underlying issues at stake have been constructed and demarcated in a way that minimizes direct challenges to dominant political and economic interests. This must change. By providing an original approach to the underlying issues at stake, Contemporary Slavery will help readers understand the political practices that have been concealed beneath the popular rhetoric and establishes new conversations between scholars of slavery and trafficking and scholars of human rights and social movements. Contributors: Jean Allain, Jonathan Blagbrough, Roy Brooks, Annie Bunting, Austin Choi-Fitzpatrick, Andrew Crane, Rhoda Howard-Hassmann, Fuyuki Kurasawa, Benjamin Lawrance, Joel Quirk, and Darshan Vigneswaran

Slavery in International Law

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Publisher : Martinus Nijhoff Publishers
ISBN 13 : 9004235736
Total Pages : 444 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Slavery in International Law by : Jean Allain

Download or read book Slavery in International Law written by Jean Allain and published by Martinus Nijhoff Publishers. This book was released on 2012-10-12 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: With the advent, in the twenty-first century, of the trafficking conventions and the criminalisation of enslavement before the International Criminal Court, the need to establish the black-letter law dealing with human exploitation has become acute. Slavery in International Law sets out the applicable law of human exploitation in the various sub-areas of international law, including general international law, human rights law, humanitarian law, labour law and the law of the sea; so as to create an overall understanding of what constitutes, in law, slavery and lesser types of human exploitation including: forced labour and servitudes such as debt bondage or servile marriage, as set out in the established definition of ‘trafficking in persons’.

Individual Responsibility in International Law for Serious Human Rights Violations

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Publisher : BRILL
ISBN 13 : 9004479848
Total Pages : 252 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Individual Responsibility in International Law for Serious Human Rights Violations by : Lyal S. Sunga

Download or read book Individual Responsibility in International Law for Serious Human Rights Violations written by Lyal S. Sunga and published by BRILL. This book was released on 2021-09-27 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: What rules of international law make the individual, even a Head of State, responsible for perpetrating serious human rights violations, such as war crimes, torture or genocide? This question is becoming more critical in our increasingly interdependent world, and the recent invasion of Kuwait and the brutalization of its people by Iraqi leader Saddam Hussein has heated up the debate even further. The author argues that a new rule of international law stipulating individual responsibility for all serious human rights violations is currently emerging. To show how this is coming about, he explores relevant norms in classic laws of war, international humanitarian law and modern international human rights law and surveys patterns in their implementation. He then takes account of codification efforts of the International Law Commission, the changing position of the individual in international law, and other important developments in the context of general international law as an evolving system.

Human Dignity and International Law

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Publisher : BRILL
ISBN 13 : 9004435654
Total Pages : 232 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis Human Dignity and International Law by : Andrea Gattini

Download or read book Human Dignity and International Law written by Andrea Gattini and published by BRILL. This book was released on 2020-12-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reflects on how the concept of human dignity, a central and classical concept in public international law, is used to protect the rights of particularly vulnerable sectors of contemporary society.

Home Office: Draft Modern Slavery Bill - Cm. 8770

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Publisher : The Stationery Office
ISBN 13 : 9780101877022
Total Pages : 64 pages
Book Rating : 4.8/5 (77 download)

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Book Synopsis Home Office: Draft Modern Slavery Bill - Cm. 8770 by : Great Britain: Home Office

Download or read book Home Office: Draft Modern Slavery Bill - Cm. 8770 written by Great Britain: Home Office and published by The Stationery Office. This book was released on 2013-12-16 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern slavery encompasses human trafficking, slavery, forced labour and domestic servitude. In 2012, the International Labour Organization estimated that there were 21 million victims of forced labour across the world. Our current understanding of the exact scale of the problem is limited. The only systematic means we have for collecting data is the National Referral Mechanism (NRM) to which potential victims of modern slavery are referred. 1,186 potential victims of modern slavery were referred in 2012 - a 25 per cent increase on the previous year. The Government will go forward in three ways: through legislation in this Parliament; through non-legislative action across the country; and through upstream work in source countries. The draft Modern Slavery Bill will: consolidate and simplify existing slavery and trafficking offences; increase the maximum sentence available to life imprisonment; introduce civil orders to restrict the activity of those who pose a risk and those convicted of slavery and trafficking offences; create a new Anti-Slavery Commissioner role to galvanise law enforcement's efforts to tackle modern slavery; and establish a legal duty to report potential victims of trafficking to the National Crime Agency (NCA). The Rt Hon Frank Field MP was invited to run a number of evidence sessions to gather information and views from a wide range of experts. His recommendations will be fully considered as the Bill and action plan are developed. The action plan will also set out how we will improve law enforcement action in source countries, and take steps towards scaling up reintegration programmes

Evidence for Hope

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Publisher : Princeton University Press
ISBN 13 : 0691192715
Total Pages : 328 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Evidence for Hope by : Kathryn Sikkink

Download or read book Evidence for Hope written by Kathryn Sikkink and published by Princeton University Press. This book was released on 2019-03-05 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: A history of the successes of the human rights movement and a case for why human rights work Evidence for Hope makes the case that yes, human rights work. Critics may counter that the movement is in serious jeopardy or even a questionable byproduct of Western imperialism. Guantánamo is still open and governments are cracking down on NGOs everywhere. But human rights expert Kathryn Sikkink draws on decades of research and fieldwork to provide a rigorous rebuttal to doubts about human rights laws and institutions. Past and current trends indicate that in the long term, human rights movements have been vastly effective. Exploring the strategies that have led to real humanitarian gains since the middle of the twentieth century, Evidence for Hope looks at how essential advances can be sustained for decades to come.

State Responsibility, Climate Change and Human Rights under International Law

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509918450
Total Pages : 204 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis State Responsibility, Climate Change and Human Rights under International Law by : Margaretha Wewerinke-Singh

Download or read book State Responsibility, Climate Change and Human Rights under International Law written by Margaretha Wewerinke-Singh and published by Bloomsbury Publishing. This book was released on 2019-03-21 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: The last decade has witnessed an increasing focus on the relationship between climate change and human rights. Several international human rights bodies have expressed concern about the negative implications of climate change for the enjoyment of human rights, and the Paris Agreement is the first multilateral climate agreement to refer explicitly to states' human rights obligations in connection with climate change. Yet despite this, there are still significant gaps in our understanding of the role of international human rights law in enhancing accountability for climate action or inaction. As the Paris Agreement has shifted the focus of the climate change regime towards voluntary action, and the humanitarian impacts of climate change are increasingly being felt around the world, accountability for climate change has become an increasingly salient issue. This book offers a timely and comprehensive analysis of the legal issues related to accountability for the human rights impact of climate change, drawing on the state responsibility regime. It explains when and where state action relating to climate change may amount to a violation of human rights, and evaluates various avenues of legal redress available to victims. The overall analysis offers a perceptive insight into the potential of innovative rights-based climate actions to shape climate and energy policies around the world.

General Principles for Business and Human Rights in International Law

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Publisher : BRILL
ISBN 13 : 9004440038
Total Pages : 404 pages
Book Rating : 4.0/5 (44 download)

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Book Synopsis General Principles for Business and Human Rights in International Law by : Ludovica Chiussi Curzi

Download or read book General Principles for Business and Human Rights in International Law written by Ludovica Chiussi Curzi and published by BRILL. This book was released on 2020-10-26 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In General Principles for Business and Human Rights in International Law Ludovica Chiussi Curzi offers a critical analysis of the relevance of general principles of law in the multifaceted business and human rights field.

Compulsory Mental Health Interventions and the CRPD

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Publisher : Bloomsbury Publishing
ISBN 13 : 1509931589
Total Pages : 318 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Compulsory Mental Health Interventions and the CRPD by : Anna Nilsson

Download or read book Compulsory Mental Health Interventions and the CRPD written by Anna Nilsson and published by Bloomsbury Publishing. This book was released on 2021-02-25 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book delineates the scope of permissible compulsory mental health interventions under the Convention on the Rights of Persons with Disabilities (CRPD). The initial impetus for this study was provided by a conflict between two competing positions within the current debate over the future of coercive psychiatry. According to one position, defended by the CRPD Committee, among others, compulsory mental health care necessarily violates the prohibition of discrimination. According to the competing position, supported by the vast majority of states, compulsion is sometimes necessary to protect health and life and, if coupled with appropriate legal safeguards, it is lawful under such circumstances. This book disputes both positions and argues that the scope of permissible compulsory care can be identified using proportionality reasoning. Drawing on the work of Robert Alexy, it develops a framework for proportionality assessments within the context of non-discrimination. The framework can assist decision-makers to design principled and evidence-based mental health care regimes. This book thus provides a new way forward for states parties looking to reform their mental health care regimes and to improve compliance with the CRPD. It will appeal to academics and practitioners engaged in mental health reform in the post-CRPD era.