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Siri Gloppen

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Siri Gloppen and Catalina Vallejo

The climate crisis poses severe threats to economic, social and cultural rights (ESCR). Mitigation failure (inability to contain emissions) threatens ecosystems and constitutes a risk or violation of the ESCR of current and future humans. Adaptation failure (lack of action to protect those already at risk) is a breach of their economic, social and cultural rights (ESCR). But climate mitigation and adaptation measures may themselves also threaten ESCR: closing of high-emission industries may cause job and livelihood loss; new, green energy sources (hydroelectric dams, windmills, soybean farms) and deforestation-prevention programs may cause displacement and culture loss. Litigation is increasingly important as a strategy to force action to address the climate crisis. Cases are lodged before domestic and international courts and tribunals across the globe to force climate mitigation policies, compliance with existing rules and more equitable policies for climate adaptation. This chapter outlines the emergence of climate litigation and the role of ESCR within it and develops a typology of cases using ESCR claims in climate litigation, discussing the potential and challenges with each type, and the ways forward.

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Siri Gloppen and Lise Rakner

Politicization refers to the process by which a social phenomenon becomes the basis of mobilization by societal and political actors, who turns it into an issue of major political significance, as a subject of heated public argument, mobilization and conflict. Across Africa, homosexuality has become an issue of political contestation and conflict. The chapter analyses the forms and content of politicized homophobia in Africa and explains the rising politicization of nonheteronormative sexuality and gender identity that has marked much of the continent in the past decade and the role of law in this process. Providing examples from across the continent, the chapter argues that politicization varies in time and space, reflecting a complex combination of external and internal factors and the sociopolitical context in a given country or region.

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Edited by Henriette Sinding Aasen, Siri Gloppen, Anne-Mette Magnussen and Even Nilssen

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Henriette Sinding Aasen, Siri Gloppen, Anne-Mette Magnussen and Even Nilssen

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Octavio L.M. Ferraz, Siri Gloppen, Ottar Mæstad and Lise Rakner

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Henriette Sinding Aasen, Siri Gloppen, Anne-Mette Magnussen and Even Nilssen

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Edited by Henriette Sinding Aasen, Siri Gloppen, Anne-Mette Magnussen and Even Nilssen

The concept of juridification refers to a diverse set of processes involving shifts towards more detailed legal regulation, regulations of new areas, and conflicts and problems increasingly being framed in legal and rights-oriented terms. This timely book questions the impact international and national regulations have upon vulnerable groups (the unemployed, patients, prisoners, immigrants, and others) in terms of inclusion, exclusion and social citizenship. Focusing on European welfare states, as well as lessons from Latin America, it considers the implementation of the right to health and the role of international courts. This book brings empirical analysis and multidisciplinary, comparative perspectives to the previously fragmented and largely theoretical debate on juridification in the welfare state.