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Author : Fudge Judy
Publisher :
ISBN 13 : 9781527225770
Total Pages : 204 pages
Book Rating : 4.2/5 (257 download)
Download or read book University of Oxford Human Rights Hub Journal written by Fudge Judy and published by . This book was released on 2019-01-30 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Author : Ndjodi Ndeunyema
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 291 pages
Book Rating : 4./5 ( download)
Download or read book Re-invigorating ubuntu through water: A human right to water under the Namibian Constitution written by Ndjodi Ndeunyema and published by Pretoria University Law Press. This book was released on 2021-10-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.
Author : Olivier de Schutter
Publisher :
ISBN 13 : 9781032121925
Total Pages : 160 pages
Book Rating : 4.1/5 (219 download)
Download or read book Social Innovation in the Service of Social and Ecological Transformation written by Olivier de Schutter and published by . This book was released on 2021-10-15 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how the State can play a role as an enabler of citizens-led social innovations, to accelerate the shift to sustainable and socially just lifestyles. To meet the twin challenges of environmental degradation and the rise of inequalities, societal transformation is urgent. Most theories of social change focus either on the role of the State, on the magic of the market, or on the power of technological innovation. This book explores instead how local communities, given the freedom to experiment, can design solutions that can have a transformative impact. Change cannot rely only on central ordering by government, nor on corporations suddenly acting as responsible citizens. Societal transformation, at the speed and scope required, also should be based on the reconstitution of social capital, and on new forms of democracy emerging from collective action at the local level. The State matters of course, for the provision of both public services and of social protection, and to discipline the market, but it should also act as an enabler of citizen-led experimentation, and it should set up an institutional apparatus to ensure that collective learning spreads across jurisdictions. Corporations themselves can ensure that society taps the full potential of citizens-led social innovations: they can put their know-how, their access to finance, and their control of logistical chains in the service of such innovations, rather than focusing on shaping consumers' tastes or even adapting to consumers' shifting expectations. With this aim in mind, this book provides empirical evidence of how social innovations, typically developed within niches, initially at a relatively small scale, can have society-wide impacts. It also examines the nature of the activism deployed by social innovators, and the emergence of a do-it-yourself form of democracy. This book will appeal to all those interested in driving societal change and social innovation to ensure a sustainable and socially just future for all.
Author : Associate Professor in International Human Rights Law Shreya Atrey
Publisher : Oxford University Press
ISBN 13 : 0192872990
Total Pages : 401 pages
Book Rating : 4.1/5 (928 download)
Download or read book Exponential Inequalities written by Associate Professor in International Human Rights Law Shreya Atrey and published by Oxford University Press. This book was released on 2023-01-19 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for 'exponential inequalities' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have a rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010. Exponential Inequalities offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency. Written by a team of internationally recognized experts, Exponential Inequalities provides a comparative perspective on the functioning of equality laws across a range of contexts and jurisdictions and represents an essential read for scholars and policy makers alike.
Author : Chiara Macchi
Publisher : Springer Nature
ISBN 13 : 9462654794
Total Pages : 202 pages
Book Rating : 4.4/5 (626 download)
Download or read book Business, Human Rights and the Environment: The Evolving Agenda written by Chiara Macchi and published by Springer Nature. This book was released on 2022-04-08 with total page 202 pages. Available in PDF, EPUB and Kindle. Book excerpt: More than ten years after the adoption of the UN Guiding Principles on Business and Human Rights, this book critically reviews the achievements, limits and next frontiers of business and human rights following the ‘protect, respect, remedy’ trichotomy. The UN Guiding Principles acted as a catalyst for hitherto unprecedented regulatory and judicial developments. The monograph by Macchi proposes a functionalist reading of the state’s duty to regulate the transnational activities of corporations in order to protect human rights and adopts a holistic approach to the corporate responsibility to respect, arguing that environmental and climate due diligence are inherent dimensions of human rights due diligence. In the volume emerging legislations are assessed on mandatory human rights and environmental due diligence, as well as the potential and limitations of a binding international treaty on business and human rights. The book also reviews groundbreaking litigation against transnational corporations, such as Lungowe v. Vedanta or Milieudefensie v. Shell, for their human rights and climate change impacts. The book is primarily targeted at academic and non-academic legal experts, as well as at researchers and students looking at business and human rights issues through the lenses of legal studies (particularly international law and European law), political sciences, business ethics, and management. Additionally, it should also find a readership among practitioners working in the public or private sector (consultants, CSR officers, legal officers, etc.) willing to familiarize themselves with the expanding areas of liability, financial and reputational risks connected to the social and environmental impacts of global supply chains. Chiara Macchi is currently Lecturer in Law at Wageningen University & Research in The Netherlands.
Author : Kalpana Kannabiran
Publisher : Zubaan
ISBN 13 : 9390514517
Total Pages : 143 pages
Book Rating : 4.3/5 (95 download)
Download or read book Gendered Bodies and Worlds of Labour written by Kalpana Kannabiran and published by Zubaan. This book was released on 2024-03-12 with total page 143 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a brilliant reading of the unanimous decision of the nine-judge bench of the Supreme Court of India in the case of Justice KS Puttaswamy (Retd.) and Another vs. Union of India and Others (‘Puttaswamy’). The 2017 judgment protects the right to privacy as a fundamental right, and guarantees the right to life with dignity, the right to personal liberty and the right to move the court against unconstitutional actions by the state. The authors examine the implications of Puttaswamy to understanding labouring bodies (in their multiplicity) and their worlds of work. They explore the gendered dimensions of the right to privacy and its relation to labour rights, sexual safety, and bodily integrity, offering a dynamic interpretation of the right to privacy and related rights of dignity, liberty, and equality. Using the Constitution, Kannabiran and Jagani anchor labour rights in Puttaswamy to advance claims-making and emphasise collective struggles for justice and resistance to oppression as the most productive route to conceptualising an idea of justice in the realms of labour. Further, the monograph emphasises the need to popularise constitutional conversations beyond the courts and holds valuable lessons for women’s and labour rights movements. Drawing from a range of scholarly works and case law to offer a fresh understanding of labour that does not rely on gender binaries, the authors initiate conversations on human dignity, intersectional discrimination, and resistance to reinstating labouring bodies in workplaces. This work opens up new opportunities for feminist and labour studies scholars, trade unions, and courts to explore interdisciplinary intersections and frame claims for more just, fair, and equal working environments. Kalpana Kannabiran and Devi Jagani’s work inspires both hope and anxiety, as they challenge us to build intellectual and on-ground solidarities that cross disciplinary boundaries, to support those who are most marginalised.
Author : Shreya Atrey
Publisher : Bloomsbury Publishing
ISBN 13 : 1509935304
Total Pages : 259 pages
Book Rating : 4.5/5 (99 download)
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.
Author : David Bilchitz
Publisher : Cambridge University Press
ISBN 13 : 1108841945
Total Pages : 523 pages
Book Rating : 4.1/5 (88 download)
Download or read book Fundamental Rights and the Legal Obligations of Business written by David Bilchitz and published by Cambridge University Press. This book was released on 2021-11-11 with total page 523 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book develops an analytical legal framework for determining the substantive fundamental rights obligations of corporations.
Author : Michael P Foran
Publisher : Bloomsbury Publishing
ISBN 13 : 1509964967
Total Pages : 227 pages
Book Rating : 4.5/5 (99 download)
Download or read book Equality Before the Law written by Michael P Foran and published by Bloomsbury Publishing. This book was released on 2023-12-14 with total page 227 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality manifest in a commitment to collective flourishing without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.
Author : Sandra Fredman
Publisher : Oxford University Press, USA
ISBN 13 : 0199689407
Total Pages : 513 pages
Book Rating : 4.1/5 (996 download)
Download or read book Comparative Human Rights Law written by Sandra Fredman and published by Oxford University Press, USA. This book was released on 2018 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others. Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.
Author :
Publisher : BRILL
ISBN 13 : 9004469699
Total Pages : 386 pages
Book Rating : 4.0/5 (44 download)
Download or read book New Zealand Yearbook of International Law written by and published by BRILL. This book was released on 2022-07-25 with total page 386 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New Zealand Yearbook of International Law provides legal materials and critical commentary on issues of international law, addressing trends, state practice and policies in the development of international law in New Zealand, the South Pacific, Antarctica and globally. This Yearbook covers the period 1 January 2019 to 31 December 2019.
Author : Satang Nabaneh
Publisher : Pretoria University Law Press
ISBN 13 :
Total Pages : 204 pages
Book Rating : 4./5 ( download)
Download or read book Choice and conscience: Lessons from South Africa for a global debate written by Satang Nabaneh and published by Pretoria University Law Press. This book was released on 2023-11-08 with total page 204 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice and Conscience offers a fresh and insightful perspective on the highly debated issue of conscientious objection in abortion care. Satang Nabaneh’s socio-legal approach, which draws on both traditional legal scholarship and African feminist intellectual traditions, provides a nuanced understanding of how legal norms construct and maintain power relations. By focusing on the experiences of nurses in South Africa, Nabaneh explores the complexities of conscience, discretionary power, and socio-cultural and political factors that influence nurses’ decisions about whether or not to conscientiously object. In the wake of the recent rollback of abortion rights in the United States and the trend towards liberalisation within the African region, Nabaneh provides an important African perspective on how the international human rights framework should strike a contextual balance between freedom of conscience and ensuring access to abortion. Choice and Conscience will interest lawyers, activists, policymakers, scholars, and students exploring the dynamic intersections of law, healthcare, and gender politics. Choice and Conscience … stands as a significant and valuable addition to the ongoing global scholarship on this critical issue. It underscores the vital concept that intersectionality should occupy a central place in our examination of how various local contexts give rise to layered forms of privilege and disadvantage. Dr Tlaleng Mofokeng, UN Special Rapporteur on the right to health … Nabaneh’s study of “law in action” zeros in on South African nurses--gatekeepers who often object to the practice for reasons of “conscience.” Her interviews of these nurses and her analysis complicate our understanding of challenges to abortion access, providing lessons applicable not only to South Africa and other African countries, but everywhere where there is a gap between formal law and its application. Mindy Jane Roseman, JD, PhD, Yale Law School Written from an African feminist perspective, this book offers fresh insights into our understanding of the intersection between politics, mobilisation of discretionary power and the exercise of conscientious objection to abortion by mid-level providers. Charles Ngwena, Professor of Law, Centre for Human Rights, University of Pretoria This book offers powerful insights about how informal and background norms in health systems function constrain or enable reproductive justice. Focusing on conscientious objection to abortion by nurses (including midwives) in South Africa, Nabaneh sketches the importance of a feminist analysis that is situated in Africans’ lived realities. Alicia Ely Yamin, Harvard University
Author : Surya Deva
Publisher : Edward Elgar Publishing
ISBN 13 : 178643640X
Total Pages : 576 pages
Book Rating : 4.7/5 (864 download)
Download or read book Research Handbook on Human Rights and Business written by Surya Deva and published by Edward Elgar Publishing. This book was released on 2020-07-31 with total page 576 pages. Available in PDF, EPUB and Kindle. Book excerpt: This authoritative Research Handbook brings together leading international scholars and practitioners to provide in-depth analysis of some of the most hotly debated topics and issues concerning the interface of human rights and business. Offering critical insights on prominent strands of research within the field of business and human rights, this comprehensive Research Handbook examines key challenges and potential solutions in the field.
Author : Patricia Schulz
Publisher : Oxford University Press
ISBN 13 : 0192862812
Total Pages : 1041 pages
Book Rating : 4.1/5 (928 download)
Download or read book The Un Convention on the Elimination of All Forms of Discrimination Against Women and Its Optional Protocol written by Patricia Schulz and published by Oxford University Press. This book was released on 2023-03-02 with total page 1041 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.
Author : Matthias Vanhullebusch
Publisher : BRILL
ISBN 13 : 9004538623
Total Pages : 485 pages
Book Rating : 4.0/5 (45 download)
Download or read book The Asian Yearbook of Human Rights and Humanitarian Law written by Matthias Vanhullebusch and published by BRILL. This book was released on 2023-10-09 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Asian Yearbook of Human Rights and Humanitarian Law aims to publish peer-reviewed scholarly articles and reviews as well as significant developments in human rights and humanitarian law. It examines international human rights and humanitarian law with a global reach, though its particular focus is on the Asian region. Volume 7 of the Yearbook covers a wide range of topics, which have been organized along four central themes: Human Rights Protection and Erosion during the (Post-) COVID-19 Pandemic; Economic, Social and Environmental Rights Contestation and Evolution; Human Rights Protection of Vulnerable Persons; and Human Rights and Democratic Values under Threat.
Author : Rebecca J. Cook
Publisher : University of Pennsylvania Press
ISBN 13 : 1512823570
Total Pages : 617 pages
Book Rating : 4.5/5 (128 download)
Download or read book Frontiers of Gender Equality written by Rebecca J. Cook and published by University of Pennsylvania Press. This book was released on 2023-05-30 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Frontiers of Gender Equality, editor Rebecca Cook enlarges the chorus of voices to introduce new and different discourses about the wrongs of gender discrimination and to explain the multiple dimensions of gender equality. This volume demonstrates that the wrongs of discrimination can best be understood from the perspective of the discriminated, and that gender discrimination persists and grows in new and different contexts, widening the gap between the principle of gender equality and its realization, particularly for subgroups of women and LGBTQ+ peoples. Frontiers of Gender Equality provides retrospective views of the struggles to eliminate gender discrimination in national courts and international human rights treaties. Focusing on gender equality enables comparisons and contrasts among these regimes to better understand how they reinforce gender equality norms. Different regional and international treaties are examined, those in the forefront of advancing gender equality, those that are promising but little known, and those whose focus includes economic, social, and cultural rights, to explore why some struggles were successful and others less so. The book illustrates how gender discrimination continues to be normalized and camouflaged, and how it intersects with other axes of subordination, such as indigeneity, religion, and poverty, to create new forms of intersectional discrimination. With the benefit of hindsight, the book's contributors reconstruct gender equalities in concrete situations. Given the increasingly porous exchanges between domestic and international law, various national, regional, and international decisions and texts are examined to determine how better to breathe life into equality from the perspectives, for instance, of Indigenous and Muslim women, those who were violated sexually and physically, and those needing access to necessary health care, including abortion. The conclusion suggests areas of future research, including how to translate the concept of intersectionality into normative and institutional settings, which will assist in promoting the goals of gender equality.
Author : P.-L. Chau
Publisher : Springer Nature
ISBN 13 : 3030602087
Total Pages : 322 pages
Book Rating : 4.0/5 (36 download)
Download or read book Emergent Medicine and the Law written by P.-L. Chau and published by Springer Nature. This book was released on 2021-02-04 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the relationship between law and scientific advancement, with a particular focus on the theory of evolution and medical innovation. Historically, the law has struggled to keep pace with modern medical advances. The authors demonstrate that the laws that govern human behaviour must evolve in response to such advances. This book describes how evolution shapes us humans and allows us to understand processes from ageing to decision making, and examines recent medical developments related to reproduction, neurosciences, sexuality, illness, bodily autonomy, and death, while considering the ethical, philosophical and legal implications of those developments.
