Human Rights Law and Personal Identity

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Author :
Publisher : Routledge
ISBN 13 : 1134443331
Total Pages : 337 pages
Book Rating : 4.1/5 (344 download)

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Book Synopsis Human Rights Law and Personal Identity by : Jill Marshall

Download or read book Human Rights Law and Personal Identity written by Jill Marshall and published by Routledge. This book was released on 2014-06-20 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.

Identity and the Case for Gay Rights

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Publisher : University of Chicago Press
ISBN 13 : 0226712095
Total Pages : 247 pages
Book Rating : 4.2/5 (267 download)

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Book Synopsis Identity and the Case for Gay Rights by : David A. J. Richards

Download or read book Identity and the Case for Gay Rights written by David A. J. Richards and published by University of Chicago Press. This book was released on 1999 with total page 247 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. THE RACIAL ANALOGY

Rights of Inclusion

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Publisher : University of Chicago Press
ISBN 13 : 0226208338
Total Pages : 287 pages
Book Rating : 4.2/5 (262 download)

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Book Synopsis Rights of Inclusion by : David M. Engel

Download or read book Rights of Inclusion written by David M. Engel and published by University of Chicago Press. This book was released on 2003-06-15 with total page 287 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines how civil rights legislation impacts the lives of ordinary Americans, drawing on the experiences of sixty interviewees that have been victims of discrimination to discuss how civil rights impacted their lives.

Re-understanding the Child’s Right to Identity

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Publisher : BRILL
ISBN 13 : 9004223673
Total Pages : 153 pages
Book Rating : 4.0/5 (42 download)

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Book Synopsis Re-understanding the Child’s Right to Identity by : Ya’ir Ronen

Download or read book Re-understanding the Child’s Right to Identity written by Ya’ir Ronen and published by BRILL. This book was released on 2016-10-05 with total page 153 pages. Available in PDF, EPUB and Kindle. Book excerpt: Re-understanding the Child’s Right to Identity - On belonging, Responsiveness and Hope, by Ya'ir Ronen offers an innovative understanding of the right to identity aiming to transform its meaning and thus its protection. Drawing on sources from different disciplines, including law, theology, philosophy, psychology and social work, the author offers a vision of social and legal change in which law is a healing force. In it, policies and practice protect children's sense of belonging recognizing human interdependence. They dignify children's disempowered narratives through their responsiveness, protect children's need to be authentic beings and nourish the hope for change and growth in children at risk and their families

Digital Identity, an Emergent Legal Concept

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Publisher : University of Adelaide Press
ISBN 13 : 0980723019
Total Pages : 178 pages
Book Rating : 4.9/5 (87 download)

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Book Synopsis Digital Identity, an Emergent Legal Concept by : Clare Sullivan

Download or read book Digital Identity, an Emergent Legal Concept written by Clare Sullivan and published by University of Adelaide Press. This book was released on 2011 with total page 178 pages. Available in PDF, EPUB and Kindle. Book excerpt: A new legal concept of identity. As transactions once based on personal relationships are increasingly automated, it is inevitable that our traditional concept of identity will need to be redefined. This book examines the functions and legal nature of an individual's digital identity in the context of a national identity scheme. The analysis and findings are relevant to the one proposed for the United Kingdom, to other countries which have similar schemes, and to countries like Australia which are likely to establish such a scheme in the near future. Under a national identity scheme, being asked to provide ID will become as commonplace as being asked one's name, and the concept of identity will become embedded in processes essential to the national economic and social order. The analysis reveals the emergence of a new legal concept of identity. This emergent concept and the associated individual rights, including the right to identity, potentially change the legal and commercial landscape. The author examines the implications for individuals, businesses and government against a background of identity crime.

Collective Identity, Oppression, and the Right to Self-ascription

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Author :
Publisher : Lexington Books
ISBN 13 : 0739171909
Total Pages : 144 pages
Book Rating : 4.7/5 (391 download)

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Book Synopsis Collective Identity, Oppression, and the Right to Self-ascription by : Andrew J. Pierce

Download or read book Collective Identity, Oppression, and the Right to Self-ascription written by Andrew J. Pierce and published by Lexington Books. This book was released on 2012 with total page 144 pages. Available in PDF, EPUB and Kindle. Book excerpt: Collective Identity, Oppression, and the Right to Self-Ascription argues that groups have an irreducibly collective right to determine the meaning of their shared group identity, and that such a right is especially important for historically oppressed groups. The author specifies this right by way of a modified discourse ethic, demonstrating that it can provide the foundation for a conception of identity politics that avoids many of its usual pitfalls. The focus throughout is on racial identity, which provides a test case for the theory. That is, it investigates what it would mean for racial identities to be self-ascribed rather than imposed, establishing the possible role racial identity might play in a just society. The book thus makes a unique contribution to both the field of critical theory, which has been woefully silent on issues of race, and to race theory, which often either presumes that a just society would be a raceless society, or focuses primarily on understanding existing racial inequalities, in the manner typical of so-called "non-ideal theory."

Monitoring State Compliance with the UN Convention on the Rights of the Child

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Author :
Publisher : Springer Nature
ISBN 13 : 3030846474
Total Pages : 429 pages
Book Rating : 4.0/5 (38 download)

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Book Synopsis Monitoring State Compliance with the UN Convention on the Rights of the Child by : Ziba Vaghri

Download or read book Monitoring State Compliance with the UN Convention on the Rights of the Child written by Ziba Vaghri and published by Springer Nature. This book was released on 2022-01-03 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.

Identity

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Publisher : Farrar, Straus and Giroux
ISBN 13 : 0374717486
Total Pages : 203 pages
Book Rating : 4.3/5 (747 download)

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Book Synopsis Identity by : Francis Fukuyama

Download or read book Identity written by Francis Fukuyama and published by Farrar, Straus and Giroux. This book was released on 2018-09-11 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: The New York Times bestselling author of The Origins of Political Order offers a provocative examination of modern identity politics: its origins, its effects, and what it means for domestic and international affairs of state In 2014, Francis Fukuyama wrote that American institutions were in decay, as the state was progressively captured by powerful interest groups. Two years later, his predictions were borne out by the rise to power of a series of political outsiders whose economic nationalism and authoritarian tendencies threatened to destabilize the entire international order. These populist nationalists seek direct charismatic connection to “the people,” who are usually defined in narrow identity terms that offer an irresistible call to an in-group and exclude large parts of the population as a whole. Demand for recognition of one’s identity is a master concept that unifies much of what is going on in world politics today. The universal recognition on which liberal democracy is based has been increasingly challenged by narrower forms of recognition based on nation, religion, sect, race, ethnicity, or gender, which have resulted in anti-immigrant populism, the upsurge of politicized Islam, the fractious “identity liberalism” of college campuses, and the emergence of white nationalism. Populist nationalism, said to be rooted in economic motivation, actually springs from the demand for recognition and therefore cannot simply be satisfied by economic means. The demand for identity cannot be transcended; we must begin to shape identity in a way that supports rather than undermines democracy. Identity is an urgent and necessary book—a sharp warning that unless we forge a universal understanding of human dignity, we will doom ourselves to continuing conflict.

Right to Identity

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Publisher :
ISBN 13 : 9783848730124
Total Pages : 0 pages
Book Rating : 4.7/5 (31 download)

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Book Synopsis Right to Identity by : Paul Tiedemann

Download or read book Right to Identity written by Paul Tiedemann and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: According to the case law of the Inter-American Court of Human Rights, the catalogue of human rights as it is expressed in the American Convention of Human Rights, as well as in all the other international codifications of human rights, contains a serious gap. It does not provide a particular right for the protection of identity. Therefore, the Court demands the creation of an unwritten human right to identity by case law in addition to the written codices of human rights in international law. The philosophers, lawyers and political scientists joined in this book discuss this assumption under different aspects and from different cultural and legal backgrounds (Brazil, China, Germany, Japan, and Turkey). The book contains contributions that analyze the meaning(s) of the concept "identity" based on an individual approach as well as on the basis of a collective approach. It deals with certain aspects of identity in the context of certain fields of positive law, including criminal law and family law, and it questions the real need for a new right to identity.

Personal Freedom Through Human Rights Law?

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Publisher : BRILL
ISBN 13 : 9004170596
Total Pages : 245 pages
Book Rating : 4.0/5 (41 download)

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Book Synopsis Personal Freedom Through Human Rights Law? by : Jill Marshall

Download or read book Personal Freedom Through Human Rights Law? written by Jill Marshall and published by BRILL. This book was released on 2009 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: By analysing the European Court of Human Rightsa (TM) jurisprudence and philosophical debates on personal autonomy, identity and integrity, the book offers a critical analysis of the possibility of different versions of personal freedom emerging in the case law which may restrict rather than enhance personal freedom.

Transnational Social Mobilisation and Minority Rights

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Publisher : Routledge
ISBN 13 : 0429678347
Total Pages : 235 pages
Book Rating : 4.4/5 (296 download)

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Book Synopsis Transnational Social Mobilisation and Minority Rights by : Corinne Lennox

Download or read book Transnational Social Mobilisation and Minority Rights written by Corinne Lennox and published by Routledge. This book was released on 2019-12-05 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the ways in which minority groups across the world are reshaping the international minority rights protection system. It documents the actions of four major groups that are using transnational social mobilisation to achieve recognition of their identities and their rights. The result is a greater pluralism in global identity politics and a wide range of new group-specific standards that can inform policies on multiculturalism, political participation, and socio-economic inclusion in the national and international spheres. The book begins by summarising the learning from the global movements of indigenous peoples and Roma. The book then focuses in greater depth on the cases of Afro-descendants in Latin America and of Dalits and caste-affected groups in South Asia and beyond. Each case study shows the historical roots of group-specific transnational mobilisation and how activists have constructed a distinct identity frame out of shared experiences. The book explores key parallels and differences between the discourse, framing strategies, organisational structures and political opportunities used in each case to show which factors have influenced the success or failures of their norm entrepreneurship. The role that international institutions have played in supporting these efforts is given special attention, including intergovernmental bodies such as the UN, the EU and the OAS, and international non-governmental organisations. The UN World Conference Against Racism is explored as a particularly significant political opportunity across the cases. Among academic audiences, this book will appeal to those researching minority rights, social movements, global governance, discrimination and multiculturalism from legal, political, sociological and critical theory perspectives. It will also interest practitioners and activists working on minority rights and the challenges of norm compliance, socio-economic inclusion and governance.

Out of the Mainstream

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Author :
Publisher : Earthscan
ISBN 13 : 184977479X
Total Pages : 385 pages
Book Rating : 4.8/5 (497 download)

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Book Synopsis Out of the Mainstream by : Rutgerd Boelens

Download or read book Out of the Mainstream written by Rutgerd Boelens and published by Earthscan. This book was released on 2010 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Water is not only a source of life and culture. It is also a source of power, conflicting interests and identity battles. Rights to materially access, culturally organize and politically control water resources are poorly understood by mainstream scientific approaches and hardly addressed by current normative frameworks. These issues become even more challenging when law and policy-makers and dominant power groups try to grasp, contain and handle them in multicultural societies. The struggles over the uses, meanings and appropriation of water are especially well-illustrated in Andean communities and local water systems of Peru, Chile, Ecuador, and Bolivia, as well as in Native American communities in south-western USA. The problem is that throughout history, these nation-states have attempted to 'civilize' and bring into the mainstream the different cultures and peoples within their borders instead of understanding 'context' and harnessing the strengths and potentials of diversity. This book examines the multi-scale struggles for cultural justice and socio-economic re-distribution that arise as Latin American communities and user federations seek access to water resources and decision-making power regarding their control and management. It is set in the dynamic context of unequal, globalizing power relations, politics of scale and identity, environmental encroachment and the increasing presence of extractive industries that are creating additional pressures on local livelihoods. While much of the focus of the book is on the Andean Region, a number of comparative chapters are also included. These address issues such as water rights and defence strategies in neighbouring countries and those of Native American people in the southern USA, as well as state reform and multi-culturalism across Latin and Native America and the use of international standards in struggles for indigenous water rights. This book shows that, against all odds, people are actively contesting neoliberal globalization and water power plays. In doing so, they construct new, hybrid water rights systems, livelihoods, cultures and hydro-political networks, and dynamically challenge the mainstream powers and politics."--Publisher's description.

The Right to Be Out

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Publisher : U of Minnesota Press
ISBN 13 : 1452957991
Total Pages : 555 pages
Book Rating : 4.4/5 (529 download)

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Book Synopsis The Right to Be Out by : Stuart Biegel

Download or read book The Right to Be Out written by Stuart Biegel and published by U of Minnesota Press. This book was released on 2018-10-23 with total page 555 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated edition of this measured, practical, and timely guide to LGBT rights and issues for educators and school officials With ongoing battles over transgender rights, bullying cases in the news almost daily, and marriage equality only recently the law of the land, the information in The Right to Be Out could not be more timely or welcome. In an updated second edition that explores the altered legal terrain of LGBT rights for students and educators, Stuart Biegel offers expert guidance on the most challenging concerns in this fraught context. Taking up the pertinent questions likely to arise regarding curriculum and pedagogy in the classroom, school sports, and transgender issues, Biegel reviews the dramatic legal developments of the past decades, identifies the principles at work, and analyzes the policy considerations that result from these changes. Central to his work is an understanding of the social, political, and personal tensions regarding the nature and extent of the right to be out, which includes both the First Amendment right to express an identity and the Fourteenth Amendment right to be treated equally. Acknowledging that LGBT issues affect people of every sexual orientation and gender identity, Biegel provides a road map of viable strategies for school officials and educators. The Right to Be Out, informed by the latest research-based findings, advances the proposition that a safe and supportive educational environment, built upon shared values and geared toward a greater appreciation of our pluralistic society, can lead to a better world for everyone.

White Identity Politics

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Publisher : Cambridge University Press
ISBN 13 : 1108590136
Total Pages : 387 pages
Book Rating : 4.1/5 (85 download)

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Book Synopsis White Identity Politics by : Ashley Jardina

Download or read book White Identity Politics written by Ashley Jardina and published by Cambridge University Press. This book was released on 2019-02-28 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amidst discontent over America's growing diversity, many white Americans now view the political world through the lens of a racial identity. Whiteness was once thought to be invisible because of whites' dominant position and ability to claim the mainstream, but today a large portion of whites actively identify with their racial group and support policies and candidates that they view as protecting whites' power and status. In White Identity Politics, Ashley Jardina offers a landmark analysis of emerging patterns of white identity and collective political behavior, drawing on sweeping data. Where past research on whites' racial attitudes emphasized out-group hostility, Jardina brings into focus the significance of in-group identity and favoritism. White Identity Politics shows that disaffected whites are not just found among the working class; they make up a broad proportion of the American public - with profound implications for political behavior and the future of racial conflict in America.

Human Rights, Sexual Orientation, and Gender Identity

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Author :
Publisher :
ISBN 13 : 9781138698505
Total Pages : 0 pages
Book Rating : 4.6/5 (985 download)

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Book Synopsis Human Rights, Sexual Orientation, and Gender Identity by : Anne Hellum

Download or read book Human Rights, Sexual Orientation, and Gender Identity written by Anne Hellum and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: How human rights principles, like the right to gender identity, freedom, integrity and equality, respond to the concerns of different groups of adults and children who experience gender harm due to the binary conception of sexuality and gender identity is the main theme of this book. Demonstrating how the legal gender assigned at birth impacts on feelings of recognition, self-confidence and self-respect in the private, social, and legal spheres.

Sexual Orientation, Gender Identity and International Human Rights Law

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Author :
Publisher : Routledge
ISBN 13 : 0429809727
Total Pages : 299 pages
Book Rating : 4.4/5 (298 download)

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Book Synopsis Sexual Orientation, Gender Identity and International Human Rights Law by : Kerry O'Halloran

Download or read book Sexual Orientation, Gender Identity and International Human Rights Law written by Kerry O'Halloran and published by Routledge. This book was released on 2019-10-22 with total page 299 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book identifies, analyses and discusses the nexus of legal issues that have emerged in recent years around sexuality and gender. It audits these against specific human rights requirements and evaluates the outcomes as evidenced in the legislation and caselaw of six leading common law jurisdictions. Beginning with a snapshot of the legal definitions and sanctions associated with the traditional marital family unit, the book examines the subsequently evolving key concepts and constructs before outlining the contemporary international framework of human rights as it relates to matters of sexuality and gender. It proceeds by identifying a set of themes, including the rights to identity, to form a family, to privacy, to equality and to non-discrimination, and undertakes a comparative evaluation of how these and other themes indicate areas of commonality and difference in the approaches adopted in those common law jurisdictions, as illustrated by the associated legislation and caselaw. It then considers why this should be and assesses the implications.

Mistaken Identity

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Author :
Publisher : Verso Books
ISBN 13 : 1786637383
Total Pages : 141 pages
Book Rating : 4.7/5 (866 download)

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Book Synopsis Mistaken Identity by : Asad Haider

Download or read book Mistaken Identity written by Asad Haider and published by Verso Books. This book was released on 2018-05-15 with total page 141 pages. Available in PDF, EPUB and Kindle. Book excerpt: A powerful challenge to the way we understand the politics of race and the history of anti-racist struggle Whether class or race is the more important factor in modern politics is a question right at the heart of recent history’s most contentious debates. Among groups who should readily find common ground, there is little agreement. To escape this deadlock, Asad Haider turns to the rich legacies of the black freedom struggle. Drawing on the words and deeds of black revolutionary theorists, he argues that identity politics is not synonymous with anti-racism, but instead amounts to the neutralization of its movements. It marks a retreat from the crucial passage of identity to solidarity, and from individual recognition to the collective struggle against an oppressive social structure. Weaving together autobiographical reflection, historical analysis, theoretical exegesis, and protest reportage, Mistaken Identity is a passionate call for a new practice of politics beyond colorblind chauvinism and “the ideology of race.”