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The Right To Legal Personhood Of Marginalised Groups
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Book Synopsis The Right to Legal Personhood of Marginalised Groups by : Anna Arstein-Kerslake
Download or read book The Right to Legal Personhood of Marginalised Groups written by Anna Arstein-Kerslake and published by Oxford University Press. This book was released on 2024-08-22 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Legal personhood is required for voting, marrying, inheriting, contracting, consenting, and other critical social acts that can be predicates to power and privilege. The Right to Legal Personhood of Marginalised Groups addresses personhood and legal capacity as human rights issues, in particular as they relate to disabled people, migrant groups, indigenous peoples, racial minorities, women, and gender minorities. The concepts of personhood, legal capacity, and agency have conflicting definitions in the literature, and there is a lack of clarity regarding their application. Dr. Anna Arstein-Kerslake brings her expertise as a renowned thinker in the areas of human rights, disability rights, gender justice, and legal personhood to this discussion. She provides clarity on personhood and legal capacity by developing definitions of these concepts based on the articulation of the right to legal capacity in Article 12 of the United Nations Convention on the Rights of Persons with Disabilities. She then applies these definitions to the situations of various minority groups. The Right to Legal Personhood of Marginalised Groups has the potential to significantly enrich the understanding of how and why marginalised groups are denied equality. It goes beyond the traditional analysis of discrimination and equal protection of the law and explores a new social justice imperative: equal recognition before the law.
Book Synopsis Indigenous Water Rights in Law and Regulation by : Elizabeth Jane Macpherson
Download or read book Indigenous Water Rights in Law and Regulation written by Elizabeth Jane Macpherson and published by Cambridge University Press. This book was released on 2019-08-08 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: A detailed study of the engagement of state law with indigenous rights to water in comparative legal and policy contexts.
Book Synopsis Legal Capacity & Gender by : Anna Arstein-Kerslake
Download or read book Legal Capacity & Gender written by Anna Arstein-Kerslake and published by Springer Nature. This book was released on 2021-01-25 with total page 165 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role of gender in the recognition of an individual’s legal capacity. It discusses the meaning of the right to legal capacity and its two core elements – legal personhood and legal agency. It then analyses historical and modern denials of personhood and agency experienced by women, disabled women, and gender minorities – for example, prohibitions from voting, limitations on contracting, loss of personhood upon marriage, and gender binary requirements leading to an inability to exercise legal capacity, among others. Using critical feminist, disability, and queer theory, this book also offers insights into the construction of legal personhood and its role as a predictor of power and privilege. The book identifies patterns of oppression through legal capacity denial in various jurisdictions and discusses situations in which modern law continues to enforce these denials. In addition, the book presents solutions: it identifies practices to learn from in various jurisdictions around the world – including both civil law and common law jurisdictions. It also uses case studies to illustrate the ways in which existing laws, policies and practices could be reformed. As such, the book offers both a novel contribution to the field of legal capacity law and a tool for creating change and helping to realise the right to legal capacity for all.
Book Synopsis FULLY HUMAN by : Lindsey N. Kingston
Download or read book FULLY HUMAN written by Lindsey N. Kingston and published by Oxford University Press. This book was released on 2019-03-06 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Citizenship within our current international system signifies being fully human, or being worthy of fundamental human rights. For some vulnerable groups, however, this form of political membership is limited or missing entirely, and they face human rights challenges despite a prevalence of international human rights law. These protection gaps are central to hierarchies of personhood, or inequalities that render some people more "worthy" than others for protections and political membership. As a remedy, Lindsey N. Kingston proposes the ideal of "functioning citizenship," which requires an active and mutually-beneficial relationship between the state and the individual and necessitates the opening of political space for those who cannot be neatly categorized. It signifies membership in a political community, in which citizens support their government while enjoying the protections and services associated with their privileged legal status. At the same time, an inclusive understanding of functioning citizenship also acknowledges that political membership cannot always be limited by the borders of the state or proven with a passport. Fully Human builds its theory by looking at several hierarchies of personhood, from the stateless to the forcibly displaced, migrants, nomadic peoples, indigenous nations, and "second class" citizens in the United States. It challenges the binary between citizen and noncitizen, arguing that rights are routinely violated in the space between the two. By recognizing these realities, we uncover limitations built into our current international system--but also begin to envision a path toward the realization of human rights norms founded on universality and inalienability. The ideal of functioning citizenship acknowledges the persistent power of the state, yet it does not rely solely on traditional conceptions of citizenship that have proven too flawed and limited for securing true rights protection.
Author :National Academies of Sciences, Engineering, and Medicine Publisher :National Academies Press ISBN 13 :0309452961 Total Pages :583 pages Book Rating :4.3/5 (94 download)
Book Synopsis Communities in Action by : National Academies of Sciences, Engineering, and Medicine
Download or read book Communities in Action written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2017-04-27 with total page 583 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the United States, some populations suffer from far greater disparities in health than others. Those disparities are caused not only by fundamental differences in health status across segments of the population, but also because of inequities in factors that impact health status, so-called determinants of health. Only part of an individual's health status depends on his or her behavior and choice; community-wide problems like poverty, unemployment, poor education, inadequate housing, poor public transportation, interpersonal violence, and decaying neighborhoods also contribute to health inequities, as well as the historic and ongoing interplay of structures, policies, and norms that shape lives. When these factors are not optimal in a community, it does not mean they are intractable: such inequities can be mitigated by social policies that can shape health in powerful ways. Communities in Action: Pathways to Health Equity seeks to delineate the causes of and the solutions to health inequities in the United States. This report focuses on what communities can do to promote health equity, what actions are needed by the many and varied stakeholders that are part of communities or support them, as well as the root causes and structural barriers that need to be overcome.
Author :United Nations. Office of the High Commissioner for Human Rights Publisher : ISBN 13 : Total Pages :584 pages Book Rating :4.:/5 (319 download)
Book Synopsis Realizing the Right to Development by : United Nations. Office of the High Commissioner for Human Rights
Download or read book Realizing the Right to Development written by United Nations. Office of the High Commissioner for Human Rights and published by . This book was released on 2013 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is devoted to the 25th anniversary of the United Nations Declaration on the Right to Development. It contains a collection of analytical studies of various aspects of the right to development, which include the rule of law and good governance, aid, trade, debt, technology transfer, intellectual property, access to medicines and climate change in the context of an enabling environment at the local, regional and international levels. It also explores the issues of poverty, women and indigenous peoples within the theme of social justice and equity. The book considers the strides that have been made over the years in measuring progress in implementing the right to development and possible ways forward to make the right to development a reality for all in an increasingly fragile, interdependent and ever-changing world.
Book Synopsis Social Ontology, Normativity and Law by : Miguel Garcia-Godinez
Download or read book Social Ontology, Normativity and Law written by Miguel Garcia-Godinez and published by Walter de Gruyter GmbH & Co KG. This book was released on 2020-07-06 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains the proceedings of the Social Ontology, Normativity, and Philosophy of Law conference, which took place on May 30–31, 2019 at the University of Glasgow. At the invitation of the Social Ontology Research Group, a panel of prominent scholars shed light on normativity from the perspective of social ontology and the philosophy of law.
Book Synopsis You Don't Look Like a Lawyer by : Tsedale M. Melaku
Download or read book You Don't Look Like a Lawyer written by Tsedale M. Melaku and published by Rowman & Littlefield. This book was released on 2019-04-18 with total page 205 pages. Available in PDF, EPUB and Kindle. Book excerpt: You Don't Look Like a Lawyer: Black Women and Systemic Gendered Racism highlights how race and gender create barriers to recruitment, professional development, and advancement to partnership for black women in elite corporate law firms. Utilizing narratives of black female lawyers, this book offers a blend of accessible theory to benefit any reader willing to learn about the underlying challenges that lead to their high attrition rates. Drawing from narratives of black female lawyers, their experiences center around gendered racism and are embedded within institutional practices at the hands of predominantly white men. In particular, the book covers topics such as appearance, white narratives of affirmative action, differences and similarities with white women and black men, exclusion from social and professional networking opportunities and lack of mentors, sponsors and substantive training. This book highlights the often-hidden mechanisms elite law firms utilize to perpetuate and maintain a dominant white male system. Weaving the narratives with a critical race analysis and accessible writing, the reader is exposed to this exclusive elite environment, demonstrating the rawness and reality of black women’s experiences in white spaces. Finally, we get to hear the voices of black female lawyers as they tell their stories and perspectives on working in a highly competitive, racialized and gendered environment, and the impact it has on their advancement and beyond.
Book Synopsis Global Perspectives on Legal Capacity Reform by : Eilionóir Flynn
Download or read book Global Perspectives on Legal Capacity Reform written by Eilionóir Flynn and published by Routledge. This book was released on 2018-07-20 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited collection is the result of the Voices of Individuals: Collectively Exploring Self-determination (VOICES) based at the Centre for Disability Law and Policy, National University of Ireland Galway. Focusing on the exercise of legal capacity under Article 12 of the UN Convention on the Rights of Persons with Disabilities, the stories of people with disabilities are combined with responses from scholars, activists and practitioners, addressing four key areas: criminal responsibility, contracts, consent to sex, and consent to medical treatment. Sustainable law and policy reforms are set out based on the storytellers’ experiences, promoting a recognition of legal capacity and supported decision-making. The perspectives are from across a wide range of disciplines (including law, sociology, nursing, and history) and 13 countries. The volume is a valuable resource for researchers, academics and legislators, judges or policy makers in the area of legal capacity and disability. It is envisaged that the book will be particularly useful for those engaged in legal capacity law reform processes worldwide and that this grounded work will be of great interest to legislators and policy makers who must frame new laws on supported decision making in compliance with the UNCRPD.
Book Synopsis The International Covenant on Economic, Social and Cultural Rights by : Ben Saul
Download or read book The International Covenant on Economic, Social and Cultural Rights written by Ben Saul and published by Oxford University Press. This book was released on 2014-03 with total page 1358 pages. Available in PDF, EPUB and Kindle. Book excerpt: "One purpose of this book is to respond to this shift: to look beyond the more abstract and ideological discussions of the nature of socio-economic rights in order to engage empirically with how such rights have manifested in international practice". -- INTRODUCTION.
Book Synopsis Legal Personhood: Animals, Artificial Intelligence and the Unborn by : Visa A.J. Kurki
Download or read book Legal Personhood: Animals, Artificial Intelligence and the Unborn written by Visa A.J. Kurki and published by Springer. This book was released on 2017-03-23 with total page 159 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists for a while and the theory of legal personhood has been a relatively peripheral topic in jurisprudence for at least 50 years. As readers will see, there have recently been many developments and debates that justify a theoretical investigation of this topic. Animal rights activists have been demanding that some animals be recognized as legal persons. The field of robotics has prompted questions about driverless cars: should they be granted a limited legal personality, so that the car itself would be responsible for damages? This book explores such concepts and touches on matters of bioethics, animal law and medical law. It includes matters of legal history and appeals to both legal scholars and philosophers, especially those with an interest in theories of law and the philosophy of law.
Book Synopsis Beyond Human Rights by : Anne Peters
Download or read book Beyond Human Rights written by Anne Peters and published by Cambridge University Press. This book was released on 2016-10-27 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: Beyond Human Rights, previously published in German and now available in English, is a historical and doctrinal study about the legal status of individuals in international law.
Book Synopsis Traditional Communities in Indonesia by : Lilis Mulyani
Download or read book Traditional Communities in Indonesia written by Lilis Mulyani and published by Taylor & Francis. This book was released on 2022-08-26 with total page 158 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ambiguous legal status of traditional–adat–communities in Indonesia and their informal, traditional rights to communal–ulayat–land. It discusses the lack of recognition of adat communities and their legal rights in the Indonesian constitution, surveys legal consideration of informal legal rights both in Indonesia and elsewhere, and examines how thinking about these issues has evolved over time in Indonesia. It provides an in-depth study of the ways that government policies on adat communities are developed, changed and implemented, and how different actors give meaning to these policies, particularly government bodies with authority to manage land and forests, which exercise discretion as to the operational implementation of ideas about adat groups as legal persons and ulayat land rights as land title, thus enabling their exploitation by government and business. The book highlights how these issues are becoming more pressing as problems relating to legal personhood and rights to traditional customary land are increasingly giving rise to violent conflict, dispossession and marginalisation. It also demonstrates how adat communities can take action, and are doing so, to protect their legal positions.
Author :National Academies of Sciences, Engineering, and Medicine Publisher :National Academies Press ISBN 13 :0309439124 Total Pages :171 pages Book Rating :4.3/5 (94 download)
Book Synopsis Ending Discrimination Against People with Mental and Substance Use Disorders by : National Academies of Sciences, Engineering, and Medicine
Download or read book Ending Discrimination Against People with Mental and Substance Use Disorders written by National Academies of Sciences, Engineering, and Medicine and published by National Academies Press. This book was released on 2016-09-03 with total page 171 pages. Available in PDF, EPUB and Kindle. Book excerpt: Estimates indicate that as many as 1 in 4 Americans will experience a mental health problem or will misuse alcohol or drugs in their lifetimes. These disorders are among the most highly stigmatized health conditions in the United States, and they remain barriers to full participation in society in areas as basic as education, housing, and employment. Improving the lives of people with mental health and substance abuse disorders has been a priority in the United States for more than 50 years. The Community Mental Health Act of 1963 is considered a major turning point in America's efforts to improve behavioral healthcare. It ushered in an era of optimism and hope and laid the groundwork for the consumer movement and new models of recovery. The consumer movement gave voice to people with mental and substance use disorders and brought their perspectives and experience into national discussions about mental health. However over the same 50-year period, positive change in American public attitudes and beliefs about mental and substance use disorders has lagged behind these advances. Stigma is a complex social phenomenon based on a relationship between an attribute and a stereotype that assigns undesirable labels, qualities, and behaviors to a person with that attribute. Labeled individuals are then socially devalued, which leads to inequality and discrimination. This report contributes to national efforts to understand and change attitudes, beliefs and behaviors that can lead to stigma and discrimination. Changing stigma in a lasting way will require coordinated efforts, which are based on the best possible evidence, supported at the national level with multiyear funding, and planned and implemented by an effective coalition of representative stakeholders. Ending Discrimination Against People with Mental and Substance Use Disorders: The Evidence for Stigma Change explores stigma and discrimination faced by individuals with mental or substance use disorders and recommends effective strategies for reducing stigma and encouraging people to seek treatment and other supportive services. It offers a set of conclusions and recommendations about successful stigma change strategies and the research needed to inform and evaluate these efforts in the United States.
Download or read book Marginality written by Joachim von Braun and published by Springer. This book was released on 2013-08-19 with total page 388 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a new approach on understanding causes of extreme poverty and promising actions to address it. Its focus is on marginality being a root cause of poverty and deprivation. “Marginality” is the position of people on the edge, preventing their access to resources, freedom of choices, and the development of capabilities. The book is research based with original empirical analyses at local, national, and local scales; book contributors are leaders in their fields and have backgrounds in different disciplines. An important message of the book is that economic and ecological approaches and institutional innovations need to be integrated to overcome marginality. The book will be a valuable source for development scholars and students, actors that design public policies, and for social innovators in the private sector and non-governmental organizations.
Book Synopsis The Right to Housing by : Jessie Hohmann
Download or read book The Right to Housing written by Jessie Hohmann and published by Bloomsbury Publishing. This book was released on 2013-03-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.
Book Synopsis Handbook of Social Inclusion by : Pranee Liamputtong
Download or read book Handbook of Social Inclusion written by Pranee Liamputtong and published by Springer. This book was released on 2022-05-15 with total page 2317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this ambitious reference work is social inclusion in health and social care, with the aim of offering a good understanding of matters that include or exclude people in society. Social inclusion stems from the ideal of an inclusive society where each individual can feel valued, differences between individuals are respected, needs of each person are met, and everyone can live with dignity as “the norm” (Cappo 2015). Community participation and interpersonal connections' dynamics that accommodate access to positive relationships, resources, and institutions can lead to social inclusion (Tua & Barnerjee 2019: 110). Social inclusion can explain why some individuals are situated at the centre of society or at its margins, as well as the consequences of the social layer in society (Allman 2015). Closely related to the concept of social inclusion is social exclusion. Social exclusion refers to “the process of marginalising individuals or groups of a particular society and denying them from full participation in social, economic and political activities” (Tancharoenathien et al. 2018: 3). Social exclusion is marked by unequal access to capabilities, rights, and resources. It is “a multi-dimensional process driven by unequal power relationships across four dimensions – economic, political, social and cultural” (Taket et al. 2014: 3-4). It engages at the individual, household, community, nation, and global levels. Social exclusion renders some individuals or groups to social vulnerability. Thus, these individuals or communities are unable to prevent negative situations that impact their lives. Methodologically, to promote social inclusion and reduce social exclusion, inclusive research methodologies must be embraced. Inclusive research refers to a “range of approaches and methods and these may be referred to in the literature as participatory, emancipatory, partnership and user-led research – even peer research, community research, activist scholarship, decolonizing or indigenous research” (Nind 2014: 1). Terms such as collaborative research and community-based participatory action research (CBPR) have also been referred to as inclusive research methodology. As Nind (2014) suggests, the term inclusive research can be adopted across disciplines and research fields within the paradigm of social inclusion. Hence, research and examples that are classified as inclusive research methods are included in this reference. This reference work covers a wide range of issues pertaining to the social inclusion paradigm. These include the theoretical frameworks that social inclusion can be situated within, research methodologies and ethical consideration, research methods that enhance social inclusion (PAR and inclusive research methods), issues and research that promote social inclusion in different communities/individuals, and programs and interventions that would lead to more social inclusion in society. The aims and scope of the reference are to provide discussions about: social inclusion and social exclusion in different societies; theories that are linked to social inclusion and exclusion; research methodologies that enhance social inclusion; inclusive research methods that promote social inclusion in vulnerable and marginalised groups of people; discussions about issues and research with diverse groups of vulnerable and marginalised individuals and communities; discussions regarding programs and interventions that can lead to more social inclusion in vulnerable and marginalised people. The reference work is divided into seven sections to cover the field of social inclusion comprehensively. Each section is dedicated to a particular perspective relating to social inclusion as covered by the aims and scope above. Handbook of Social Inclusion: Research and Practices in Health and Social Care should be an invaluable resource for professors, students, researchers, and scholars in public health, social sciences, medicine, and health sciences, as well as those at research institutes, government, and industry, on the concepts and theories of social inclusion/exclusion, and the research methodologies and programs/interventions that can enhance social inclusion in different population groups. Examples from the research are included to show the real-life situations that can promote social inclusion in different groups that readers can adopt in their own work and practice.
