From the perspective of rights holders and duty bearers, human rights law appears as an increasingly complex field of law, consisting of different levels, actors and norms. The fragmentation of human rights law has resulted in an uncoordinated legal architecture that may in some circumstances create obstacles for effective human rights protection. Against this background, this volume examines how to make sense – in both theoretical and practical terms - of these multiple layers of human rights law through which human rights users have to navigate.
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Edited by Eva Brems and Saïla Ouald-Chaib
In Search of Best Practice
Edited by Mary Crock and Lenni B. Benson
Unprecedented numbers of children are crossing international borders seeking safety. Framed around compelling case studies explaining why children are on the move in Africa, the Americas, Asia, Europe, the Middle East and Oceania, this book explores the jurisprudence and processes used by nations to adjudicate children’s protection claims. The book includes contributions from leading scholars in immigration, refugee law, children’s rights and human trafficking which critically examine the strengths and weaknesses of international and domestic laws with the aim of identifying best practice for migrant children.
Moving Beyond the Crisis
Europe has talked itself into a refugee and security crisis. There is, however, a misrecognition of the real challenge facing Europe: the challenge of managing the relationship between Europeans and the currently stigmatized ‘others’ which it has attracted. Making the case against a ‘Europe of walls’, Robin Wilson instead proposes a refounding of Europe built on the power of diversity and an ethos of hospitality rather than an institutional thicket serving the market.
Edited by Hans-Joachim Giessmann, Roger Mac Ginty, Beatrix Austin and Christine Seifert
What are the main drivers of political transition and regime change? And to what extent do these apparently seismic political changes result in real change? These questions are the focus of this comparative study written by a mix of scholars and practitioners. This state-of-the-art volume identifies patterns in political transitions, but is largely unconvinced that these transitions bring about real change to the underlying structures of society. Patriarchy, land tenure, and economic systems often remain immune to change, despite the headlines.
Freedom in a Fishbowl
Human rights are axiomatic with liberal freedom. Yet more rights for women, sexual and religious minorities, has had disempowering and exclusionary effects. Revisiting campaigns for same-sex marriage, violence against women, and Islamic veil bans, Gender, Alterity and Human Rights lays bare how human rights emerge as a project of containment and unfreedom rather than meaningful freedom. Kapur provocatively argues that the futurity of human rights rests in turning away from liberal freedom and towards non-liberal registers of freedom.
The Centrality of Citizenship
Edited by Nils A. Butenschøn and Roel Meijer
The violent transitions that have dominated developments since the Arab Uprisings demonstrate deep-seated divisions in the conceptions of state authority and citizen rights and responsibilities. Analysing the Middle East through the lens of the ‘citizenship approach’, this book argues that the current diversity of crisis in the region can be ascribed primarily to the crisis in the relations between state and citizen. The volume includes theoretical discussions and case studies, and covers both Arab and non-Arab countries.
This insightful book analyses the role that EU general principles have taken in the protection of fundamental rights within the EU since the Lisbon Treaty. In particular, the author focuses on the relationship between written law (the Charter of Fundamental Rights) and unwritten law (the general principles) within the institutional framework of the EU. The book demonstrates that due to their complementary and autonomous function toward the protection of fundamental rights, the general principles still play a key role within the Union despite the binding force of the Charter.
An Introduction to Key Debates between Islamic Law and International Human Rights Law
Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.
Edited by Manfred Nowak and Anne Charbord
While providing a substantive legal analysis of the links between human rights and counter-terrorism, this book provides the tools to successfully argue that a human rights approach does not undermine the fight against terrorism. Through practical examples, it shows that a State’s lack of respect for human rights hinders its fight against terrorism and can be counter-productive. The contributing experts represent a wide breadth of experience at the national and international levels, and bring their unique approach to each cross-cutting topic.
Edited by Juanita Elias and Adrienne Roberts
This Handbook brings together leading interdisciplinary scholarship on the gendered nature of the international political economy. Spanning a wide range of theoretical traditions and empirical foci, it explores the multifaceted ways in which gender relations constitute and are shaped by global politico-economic processes. It further interrogates the gendered ideologies and discourses that underpin everyday practices from the local to the global. The chapters in this collection identify, analyse, critique and challenge gender-based inequalities, whilst also highlighting the intersectional nature of gendered oppressions in the contemporary world order.