The Complexity Of Human Rights

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Human Rights with Modesty: The Problem of Universalism

Author : András Sajó
Publisher : Springer
ISBN 13 : 9401761728
Total Pages : 380 pages
Book Rating : 4.4/5 (17 download)

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Book Synopsis Human Rights with Modesty: The Problem of Universalism by : András Sajó

Download or read book Human Rights with Modesty: The Problem of Universalism written by András Sajó and published by Springer. This book was released on 2013-12-11 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume considers the problem of legal universals at the level of the rule of law and human rights, which have fundamentally different pedigrees, and attempts to come to terms with the new unease arising from the universal application of human rights. Given the juridicization of human rights, rule of law and human rights expectations have become significantly intertwined: human rights are enforced with the instruments of the rule of law and are thus limited by the restricted reach thereof. The first section of this volume considers the difficulties of universalistic claims and offers a number of possible solutions for adapting universal expectations to specific contexts. The second section considers problems of human rights politics; sections three and four present empirical studies about the appearance and disappearance of the rule of law and fundamental rights in Western and non-Western societies. Special attention is paid to the problems of developing countries, with a specific focus on past and present developments in Iran. These empirical studies indicate that the acceptance of human rights and the rule of law is historically contingent and cannot simply be considered as a matter of culture.

Hypocrisy and Human Rights

Author : Kate Cronin-Furman
Publisher : Cornell University Press
ISBN 13 : 1501767151
Total Pages : 110 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Hypocrisy and Human Rights by : Kate Cronin-Furman

Download or read book Hypocrisy and Human Rights written by Kate Cronin-Furman and published by Cornell University Press. This book was released on 2022-11-15 with total page 110 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hypocrisy and Human Rights examines what human rights pressure does when it does not work. Repressive states with absolutely no intention of complying with their human rights obligations often change course dramatically in response to international pressure. They create toothless commissions, permit but then obstruct international observers' visits, and pass showpiece legislation while simultaneously bolstering their repressive capacity. Covering debates over transitional justice in Sri Lanka, Myanmar, Cambodia, Democratic Republic of the Congo, and other countries, Kate Cronin-Furman investigates the diverse ways in which repressive states respond to calls for justice from human rights advocates, UN officials, and Western governments who add their voices to the victims of mass atrocities to demand accountability. She argues that although international pressure cannot elicit compliance in the absence of domestic motivations to comply, the complexity of the international system means that there are multiple audiences for both human rights behavior and advocacy and that pressure can produce valuable results through indirect paths.

The Complexity of Human Rights

Author : Philip Alston
Publisher : Bloomsbury Publishing
ISBN 13 : 1509972889
Total Pages : 303 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Complexity of Human Rights by : Philip Alston

Download or read book The Complexity of Human Rights written by Philip Alston and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first systematic assessment from a human rights law perspective of the landmark contributions of the renowned legal anthropologist, Sally Engle Merry. What impact does over-simplification have on human rights debates? The understandable tendency to present them as a single, universal, and immutable concept ignores their complexity and by extension only serves to weaken them. Merry and her colleagues transformed human rights thinking by highlighting the process of 'vernacularization', which sees rights discourse as being unavoidably dependent upon translation and interpretation. She also warned of the pitfalls of excessive reliance upon statistical and other indicators, through the process of quantification. Here the leading voices in the field assess the significance of these contributions.

The Human Rights Paradox

Author : Steve J. Stern
Publisher : University of Wisconsin Pres
ISBN 13 : 0299299732
Total Pages : 274 pages
Book Rating : 4.2/5 (992 download)

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Book Synopsis The Human Rights Paradox by : Steve J. Stern

Download or read book The Human Rights Paradox written by Steve J. Stern and published by University of Wisconsin Pres. This book was released on 2014-04-29 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights are paradoxical. Advocates across the world invoke the idea that such rights belong to all people, no matter who or where they are. But since humans can only realize their rights in particular places, human rights are both always and never universal. The Human Rights Paradox is the first book to fully embrace this contradiction and reframe human rights as history, contemporary social advocacy, and future prospect. In case studies that span Africa, Latin America, South and Southeast Asia, and the United States, contributors carefully illuminate how social actors create the imperative of human rights through relationships whose entanglements of the global and the local are so profound that one cannot exist apart from the other. These chapters provocatively analyze emerging twenty-first-century horizons of human rights—on one hand, the simultaneous promise and peril of global rights activism through social media, and on the other, the force of intergenerational rights linked to environmental concerns that are both local and global. Taken together, they demonstrate how local struggles and realities transform classic human rights concepts, including “victim,” “truth,” and “justice.” Edited by Steve J. Stern and Scott Straus, The Human Rights Paradox enables us to consider the consequences—for history, social analysis, politics, and advocacy—of understanding that human rights belong both to “humanity” as abstraction as well as to specific people rooted in particular locales.

The United Nations and Human Rights

Author : Frédéric Mégret
Publisher : Oxford University Press
ISBN 13 : 0191653314
Total Pages : 783 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis The United Nations and Human Rights by : Frédéric Mégret

Download or read book The United Nations and Human Rights written by Frédéric Mégret and published by Oxford University Press. This book was released on 2020-04-02 with total page 783 pages. Available in PDF, EPUB and Kindle. Book excerpt: The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.

Global Intersectionality and Contemporary Human Rights

Author : Johanna Bond
Publisher : Oxford University Press
ISBN 13 : 0192639544
Total Pages : 272 pages
Book Rating : 4.1/5 (926 download)

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Book Synopsis Global Intersectionality and Contemporary Human Rights by : Johanna Bond

Download or read book Global Intersectionality and Contemporary Human Rights written by Johanna Bond and published by Oxford University Press. This book was released on 2021-07-22 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: Global Intersectionality and Contemporary Human Rights argues for an expansive definition of human rights, one that encompasses the harm caused by multiple, intersecting forms of subordination. Intersectionality theory posits that aspects of identity, such as race and gender, are mutually constitutive and intersect to create unique experiences of discrimination and subordination. Perpetrators of sexual violence in armed conflict, of example, often target women based on both gender and ethnicity. Human rights remedies that fail to capture the intersectional nature of human rights violations do not offer comprehensive redress to victims. This title explores the influence of intersectionality theory on human rights in the modern era and traces the evolution of intersectionality as a theoretical framework in the United States and around the world. It draws upon feminist theory and human rights jurisprudence to argue that scholars and activists have under-utilized intersectionality theory in the global discourse of human rights. As the central intergovernmental organization charged with the protection of human rights, the United Nations has been slow to embrace the insights gained from intersectionality theory. This work argues that the United Nations and other human rights organizations must more actively embrace intersectionality as an analytical framework in order to fully address the complexity of human rights violations around the world.

Complexity's Embrace

Author : Oonagh E. Fitzgerald
Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 1928096646
Total Pages : 276 pages
Book Rating : 4.9/5 (28 download)

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Book Synopsis Complexity's Embrace by : Oonagh E. Fitzgerald

Download or read book Complexity's Embrace written by Oonagh E. Fitzgerald and published by McGill-Queen's Press - MQUP. This book was released on 2018-03-31 with total page 276 pages. Available in PDF, EPUB and Kindle. Book excerpt: An unprecedented political, economic, social, and legal storm was unleashed by the United Kingdom's June 2016 referendum to leave the European Union and the government's response to the vote. After decades of strengthening European integration and independence, Brexit necessitates a deep understanding of its international law implications on both sides of the English Channel in order to chart the stormy seas of negotiating and advancing beyond separation. In Complexity's Embrace, international law practitioners and academics from the United Kingdom, Europe, Canada and the United States look beyond the rhetoric of "Brexit Means Brexit" and "no agreement is better than a bad agreement" to explain the challenges that need to be addressed in the diverse fields of trade, financial services, insolvency, intellectual property, environment, and human rights. The authors in this volume articulate, with unvarnished clarity, the international law implications of Brexit, providing policy makers, commentators, the legal community, and civil society with critical information they need to participate in negotiating their future within or outside Europe. Complexity's Embrace explores the many unprecedented questions about the UK's future trading arrangements. Contributors include Thomas Cottier, Armand de Mestral, Oonagh E. Fitzgerald, David A. Gantz, Markus Gehring, Valerie Hughes, Matthias Lehmann, Eva Lein, Dorothy Livingston, Richard Macrory, Luke McDonagh, Marc Mimler, Howard P. Morris, Gabriel Moss, Helen Mountfield, Federico M. Mucciarelli, Joe Newbigin, Colm O’Cinneide, Damilola S. Olawuyi, Christoph G. Paulus, Maziar Peihani, Freedom-Kai Phillips, Stephen Tromans, Diana Wallis, and Dirk Zetzsche.

Intersectionality and Human Rights Law

Author : Shreya Atrey
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935304
Total Pages : 259 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis Intersectionality and Human Rights Law by : Shreya Atrey

Download or read book Intersectionality and Human Rights Law written by Shreya Atrey and published by Bloomsbury Publishing. This book was released on 2020-12-10 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays analyses how diversity in human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. The question arises from the realisation that people, who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc, often find themselves at the margins of human rights; their condition seldom improved and sometimes even worsened by the rights discourse. How does one make sense of this relationship between the complexity of people's disadvantage and violation of their human rights? Does the human rights discourse, based on its universal and common values, have tools, methods or theories to capture and respond to the difference in people's lived experience of rights? Can intersectionality help in that quest? This book seeks to inaugurate this line of inquiry.

The Human Right to a Healthy Environment

Author : John H. Knox
Publisher : Cambridge University Press
ISBN 13 : 1108421199
Total Pages : 309 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis The Human Right to a Healthy Environment by : John H. Knox

Download or read book The Human Right to a Healthy Environment written by John H. Knox and published by Cambridge University Press. This book was released on 2018-06-28 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers and clarifies many different facets of the international human right to a healthy environment.

Human Rights and Conflict

Author : Julie Mertus
Publisher : US Institute of Peace Press
ISBN 13 : 9781929223770
Total Pages : 586 pages
Book Rating : 4.2/5 (237 download)

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Book Synopsis Human Rights and Conflict by : Julie Mertus

Download or read book Human Rights and Conflict written by Julie Mertus and published by US Institute of Peace Press. This book was released on 2006 with total page 586 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.

The Human Right to Citizenship

Author : Rhoda E. Howard-Hassmann
Publisher : University of Pennsylvania Press
ISBN 13 : 0812247175
Total Pages : 328 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis The Human Right to Citizenship by : Rhoda E. Howard-Hassmann

Download or read book The Human Right to Citizenship written by Rhoda E. Howard-Hassmann and published by University of Pennsylvania Press. This book was released on 2015-07-16 with total page 328 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Human Right to Citizenship provides an accessible overview of citizenship around the globe, focusing on empirical cases of denied or weakened legal rights. This wide-ranging volume provides a theoretical framework to understand the particular ambiguities, paradoxes, and evolutions of citizenship regimes in the twenty-first century.

The Idea of International Human Rights Law

Author : Steven Wheatley
Publisher : Oxford University Press
ISBN 13 : 0191066877
Total Pages : 220 pages
Book Rating : 4.1/5 (91 download)

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Book Synopsis The Idea of International Human Rights Law by : Steven Wheatley

Download or read book The Idea of International Human Rights Law written by Steven Wheatley and published by Oxford University Press. This book was released on 2019-01-17 with total page 220 pages. Available in PDF, EPUB and Kindle. Book excerpt: International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.

Human Rights in Business

Author : Juan José Álvarez Rubio
Publisher : Taylor & Francis
ISBN 13 : 1351979159
Total Pages : 159 pages
Book Rating : 4.3/5 (519 download)

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Book Synopsis Human Rights in Business by : Juan José Álvarez Rubio

Download or read book Human Rights in Business written by Juan José Álvarez Rubio and published by Taylor & Francis. This book was released on 2017-01-20 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.

The Universalism of Human Rights

Author : Rainer Arnold
Publisher : Springer Science & Business Media
ISBN 13 : 9400745109
Total Pages : 435 pages
Book Rating : 4.4/5 (7 download)

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Book Synopsis The Universalism of Human Rights by : Rainer Arnold

Download or read book The Universalism of Human Rights written by Rainer Arnold and published by Springer Science & Business Media. This book was released on 2012-08-21 with total page 435 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is there universalism of human rights? If so, what are its scope and limits? This book is a doctrinal attempt to define universalism of human rights, as well as its scope and limits. The book presents tests of universalism on international, regional and national constitutional levels. It is maintained that universalism of human rights is both a ‘concept’ and a ‘normative reality’. The normative character of human rights is scrutinized through the study of international and regional agreements as well as national constitutions. As a consequence, limitations of normativity are identified, usually on the international level, and take the form of exceptions, reservations, and interpretations. The book is based on the General and National Reports which were originally presented at the 18th International Congress of the International Academy of Comparative Law in Washington D.C. 2010.

The United Nations and Human Rights

Author : Frédéric Mégret
Publisher : OUP Oxford
ISBN 13 : 0191544779
Total Pages : 800 pages
Book Rating : 4.1/5 (915 download)

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Book Synopsis The United Nations and Human Rights by : Frédéric Mégret

Download or read book The United Nations and Human Rights written by Frédéric Mégret and published by OUP Oxford. This book was released on 2020-03-19 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: The very concept of human rights implies governmental accountability. To ensure that governments are indeed held accountable for their treatment of citizens and others the United Nations has established a wide range of mechanisms to monitor compliance, and to seek to prevent as well as respond to violations. The panoply of implementation measures that the UN has taken since 1945 has resulted in a diverse and complex set of institutional arrangements, the effectiveness of which varies widely. Indeed, there is much doubt as to the effectiveness of much of the UN's human rights efforts but also about what direction it should take. Inevitable instances of politicization and the hostile, or at best ambivalent, attitude of most governments, has at times endangered the fragile progress made on the more technical fronts. At the same time, technical efforts cannot dispense with the complex politics of actualizing the promise of human rights at and through the UN. In addition to significant actual and potential problems of duplication, overlapping and inconsistent approaches, there are major problems of under-funding and insufficient expertise. The complexity of these arrangements and the difficulty in evaluating their impact makes a comprehensive guide of the type provided here all the more indispensable. These essays critically examine the functions, procedures, and performance of each of the major UN organs dealing with human rights, including the Security Council and the International Court of Justice as well as the more specialized bodies monitoring the implementation of human rights treaties. Significant attention is devoted to the considerable efforts at reforming the UN's human rights machinery, as illustrated most notably by the creation of the Human Rights Council to replace the Commission on Human Rights. The book also looks at the relationship between the various bodies and the potential for major reforms and restructuring.

Human Rights in China

Author : Eva Pils
Publisher : John Wiley & Sons
ISBN 13 : 1509500731
Total Pages : 256 pages
Book Rating : 4.5/5 (95 download)

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Book Synopsis Human Rights in China by : Eva Pils

Download or read book Human Rights in China written by Eva Pils and published by John Wiley & Sons. This book was released on 2017-11-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: How can we make sense of human rights in China's authoritarian Party-State system? Eva Pils offers a nuanced account of this contentious area, examining human rights as a set of social practices. Drawing on a wide range of resources including years of interaction with Chinese human rights defenders, Pils discusses what gives rise to systematic human rights violations, what institutional avenues of protection are available, and how social practices of human rights defence have evolved. Three central areas are addressed: liberty and integrity of the person; freedom of thought and expression; and inequality and socio-economic rights. Pils argues that the Party-State system is inherently opposed to human rights principles in all these areas, and that – contributing to a global trend – it is becoming more repressive. Yet, despite authoritarianism's lengthening shadows, China’s human rights movement has so far proved resourceful and resilient. The trajectories discussed here will continue to shape the struggle for human rights in China and beyond its borders.

The Complexity of Human Rights

Author : Philip Alston
Publisher : Bloomsbury Publishing
ISBN 13 : 1509972862
Total Pages : 303 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Complexity of Human Rights by : Philip Alston

Download or read book The Complexity of Human Rights written by Philip Alston and published by Bloomsbury Publishing. This book was released on 2024-02-08 with total page 303 pages. Available in PDF, EPUB and Kindle. Book excerpt: This landmark publication is the first to assess the foundational contribution of Sally Engle Merry from the human rights law perspective. What impact does over-simplification have on human rights debates? The understandable tendency to regard them as one universal immutable concept ignores their complexity and by extension only serves to weaken them. The 'vernacularization' of rights; ie a language open to translation and interpretation, the ground-breaking approach of legal anthropologist Sally Engle Merry, transformed human rights debates. Here the leading voices in the field assess this approach and show how it is relied on when analysing rights data, under the stewardship of one of the most renowned lawyers of his generation.