Search

This book analyses the compatibility of data retention in the UK with the European Convention on Human Rights (ECHR). The increase in the use of modern technology has led to an explosion of generated data and, with that, a greater interest from law enforcement and intelligence agencies. In the early 2000s, data retention laws were introduced into the UK, and across the European Union (EU). This was met by domestic challenges before national courts, until a seminal ruling by the Court of Justice in the European Union (CJEU) ruled that indiscriminate data retention was incompatible with EU law. Since then, however, the CJEU has revised its position and made certain concessions, particularly under the guise of national security. This book focuses on data retention in the UK with the principal aim of examining compatibility with the ECHR. This is explored through a variety of ways including providing an account of democracy and why secret surveillance poses a threat to it, a history of data retention, assessing the seriousness that data retention poses to fundamental rights, the collection of rights that are affected by data retention which are crucial for a functioning democracy, the implications of who can be obligated to retain (and what to retain), the idea that data retention is a form of surveillance and ultimately, with all things considered, whether this is compatible with the ECHR. The work will be an invaluable resource for students, academics, researchers and policy-makers working in the areas of privacy, human rights law and surveillance.

Women around the world face substantial barriers to reporting their victimization, and in some contexts, the classical criminal justice response to violence can be muted, corrupted, or even inappropriate. This book discusses the strategies and efforts of advocates and activists to support survivors of intimate partner violence in isolated, rural, tribal and poor communities. It asks questions such as: how do you create safe space for survivors of intimate violence in places where people tend to know each other? And how do you create safe space for survivors in places with few resources or where tribal identity is key to mental health? Drawing on research from the Caribbean, Central America, and New Zealand, this book speaks to criminologists, social workers and those working with victim advocacy communities, on college campuses, and to policymakers who serve rural or tribal areas.

This book argues that omitting the component of narrative creates an irresolvable antinomy concerning the identity of the subject: between the subject and identical copies of itself in different situations, or between it and the identical subject as a substantial illusion, the elimination of which reveals the pure multitude of desires, emotions, and perceptions. The starting point of the considerations presented here is the conviction that knowledge of one's own desires and preferred values is obtained by articulating a narrative identity through social interactions and mutually determined moral horizons that presuppose shared meanings and the possibility of consensus. The book emphasizes the significance of personal narration and identity formation, but also points out that collective narrative, which is culturally and traditionally rooted, is also one's own narrative. It focuses on the issue of identity, which is discussed today in numerous contexts, and the understanding of which, according to the author, has important consequences, including: for the legal aspects of our lives, as it concerns, for example, the rights of LGBTQ+ people or entities marginalized or excluded for various reasons. The titular narrative identity of an authentic legal entity is related to opening ourselves to others, but also to ourselves. The interdisciplinary research perspective adopted in the book combines literary aspects, philosophical, sociological and theoretical-legal considerations with an analysis of the jurisprudence of European tribunals.

This book provides a critical and comprehensive analysis of the reconceptualization of preventive warfare in the 21st century. It discusses how the US launched and fought some wars to prevent future vague threats and how that practice has fundamentally undermined the legal system and the main principles of the use of force in ways that not only further US dominance but shield powerful actors from accountability. The US redefined key legal concepts to set up a new legal framework for preventive warfare and, consequently, introduced new practices for carrying out preventive military operations. Drawing on a collection of case studies, on the changes in the jus ad bellum and jus in bello, focusing mainly on Afghanistan and Iraq and beyond, the book shows how violations of the law of war were persistently conducted in the 21st century by supposedly democratic countries that claimed to be upholding the law. It explores three types of preventive warfare – that is, preventive national self-defense, preventive on-the-spot reactions, and preventive “security” detention – to show how they blurred the line between civilians and legitimate military targets, and thus increased the risk of causing harm to civilians. The book speaks to students, scholars, and practitioners from the fields of criminology, law, international relations, political science, critical security studies, and critical military studies.

This book explores how non-governmental organizations (NGOs), with their sphere of influence within the State and beyond, enrich the international community by working on critical areas affecting people's lives and expectations, to facilitate a more humanising international law. It provides ideas, highlights issues, and identifies actors, actions, and the scope of NGOs in international law. It charts possibilities and limitations of NGOs within the legal framework of a State and its evolution over the years. The book highlights how NGOs, having obtained'consultative status'from the UN Economic and Social Council, have now extended their access and area of influence to international actors like inter-governmental organisations, international courts and tribunals. It provides an overview of NGO's performance and the important role they play in the making of human rights, protection of environment and business ethics. The book is primarily doctrinal containing case studies of important NGOs. The purview is an inquiry, analysis and overview of literature of NGOs in international law from a wide range of sources. The book will help shape the debate over power and functions of NGOs in the background of new loci of NGOs'work. It is useful for students, research scholars, the NGO community, corporations'CSR departments, and concerned governmental agencies. Additionally, being interdisciplinary in nature, it caters to the demands of politics, sociology, management, public policy and social work apart from law.

This is an open access book. Welcome to the 4th International Conference on Law, Public Policy, and Human Rights (ICLAPH) 2023 — a prestigious gathering that brings together legal scholars, policymakers, and human rights advocates from around the world. This year's conference will be centered around the compelling theme, “The Importance of Transparency and Accountability in Public Policy-Making to Ensure Human Rights Protection.” In an era where the intersection of law, public policy, and human rights plays a pivotal role in shaping societies, the significance of transparency and accountability cannot be overstated. ICLAPH 2023 aims to provide a platform for in-depth discussions and insights into the critical relationship between transparent and accountable public policy-making processes and the safeguarding of human rights.

This book draws together interdisciplinary perspectives to examine the legal, moral, and socio-spatial regulation of sex work in the contemporary context. With a thematic focus on the gendered landscape of sex work, formal and informal methods of socio-spatial control, and (in)access to justice, this book explores the role of space in the regulation of sex work in diverse contexts, from the local to the global. The chapters collectively bring together complex, inter-related issues that impact the lives of sex workers throughout the world, providing evidence of the impacts of regulation on sex workers and subsequent barriers to accessing justice and rights. This collection centres the regulated lives of sex workers, using an intersectional lens that highlights the gendered and racialised impacts of stigma. Incorporating knowledge derived from both academic research and lived experience, this book provides a unique contribution that will be of interest to academics and policy-makers globally.

This book honors the diverse and path-breaking work of Michael Adler, a pioneer of socio-legal scholarship in the UK. The book brings together an international group of scholars—established and emerging researchers from across the globe—to develop key ideas generated by Adler's scholarship. Building on his rich portfolio of creative work at the interface of law and social science, the book explores themes that continue to resonate in contemporary debates about how best to understand the relationship between justice, fairness, and the modern administrative state. Specifically, the book re-examines core issues which Adler, as a key figure of the first generation of UK socio-legal scholars, explored, including: the relationship between official discretion and the rule of law; the justice of internal administrative processes; the importance of a ‘bottom up'perspective on justice; power and accountability in the prison sector; access to justice for social welfare claimants; and the promise of viewing law through the lens of social science.

This book explores child vulnerability in various contexts from a cross-country, comparative perspective. It shows how vulnerability in childhood develops within subjects in relationships with other people (other children, parents, specialists, such as teachers, social workers, and judges), how it is created by welfare, health care, education, and justice systems, and is empowered by multiple crises, such as the COVID-19 pandemic, wars and natural disasters. The authors hope to enhance dialogue between childhood studies and children's rights studies through these discussions. The role of children's agency and autonomy, including their right to participate in decision-making processes related to their own life, has a special emphasis in this book. Importantly, the book discusses ethical considerations and challenges connected to the participation of vulnerable children in research. It also adds insights into domain-based child vulnerability, particularly through participatory action research with extremely vulnerable children with traumatic pasts in Estonian substitute care and Ukrainian children with refugee status in Estonia. The book thereby provides deep insights into the ways to increase child well-being by decreasing vulnerabilities and building resilience. It combines approaches from psychology, sociology, law, educational sciences, social work, and media studies, and is an important resource for academics as well as practitioners and policy-makers working on children's well-being.

In human rights adjudication, courts sometimes face issues that they lack the expertise or constitutional legitimacy to resolve. One way of dealing with such issues is to'defer', or accord a margin of appreciation, to the judgments of public authorities. This raises two important questions: what devices courts should use to exercise deference, and how deference can be made more workable for judges and predictable for litigants. Combining in-depth conceptual analysis with practice in a broad range of jurisdictions, Deference in Human Rights Adjudication answers these questions. It introduces six devices for deference (namely, the burden of proof, standard of proof, standard of review, giving of weight, choice of interpretation, and choice of remedy), analyzes how courts should choose amongst them, and proposes techniques for rendering deference practicable. The book has two distinctive features. First, it engages with the jurisprudence of six common law jurisdictions that apply a structured proportionality test in rights adjudication, namely, Canada, Hong Kong, Ireland, Israel, New Zealand, and the United Kingdom. Second, it offers guidelines for judges who wish to apply its theoretical arguments. As such, Deference in Human Rights Adjudication will enable human rights adjudication to be more principled and in line with the rule of law and separation of powers. Insightful and pioneering, this book will be an important reference for researchers, teachers, and students of constitutional theory, comparative constitutional law, and human rights law around the world. It will also assist practitioners, judges, and policymakers who have to grapple with issues of deference in adjudication.

Als Reaktion auf Menschenrechtsverletzungen in Drittstaaten verhängt die Europäische Union regelmäßig sog. targeted sanctions gegen die verantwortlichen staatlichen Akteure. Den sanktionierten Personen wird vorgeworfen, als Teil des Staatsapparates, sei es als Staatsoberhaupt, Regierungsmitglied oder Angehöriger der Sicherheitskräfte, Menschenrechtsverletzungen gegen die eigene Bevölkerung zu begehen. Zu diesen zählen in diesem Kontext insbesondere die Unterdrückung oppositioneller Bewegungen, aber auch allgemein die Untergrabung von Demokratie und Rechtsstaatlichkeit. Aus diesen Charakteristika ergeben sich sowohl auf europa- als auch völkerrechtlicher Ebene Besonderheiten, die eine nähere Betrachtung verdienen. Sarah Wagner nimmt in diesem Buch eine europa- und völkerrechtliche Bewertung von targeted sanctions der EU gegen staatliche Akteure aufgrund innerstaatlicher Menschenrechtsverletzungen vor.

Allzu oft hat die Ausbildung in kultureller Kompetenz zu einer unbeabsichtigten Ausgrenzung einiger Personen und Gruppen und zur Verstärkung bestehender Stereotypen geführt. Dieser Text erforscht das Konzept der kulturellen Demut, das einen spannenden Weg nach vorne für diejenigen bietet, die in helfenden Berufen tätig sind. Im Gegensatz zu kultureller Kompetenz fordert kulturelle Demut den Einzelnen heraus, sich auf einen lebenslangen Kurs der Selbstprüfung und des transformativen Lernens einzulassen, der es ihm ermöglicht, authentischer mit Klienten, Patienten, Kollegen und anderen umzugehen. Das Buch zeichnet unser Verständnis von und unsere Reaktionen auf Vielfalt und Integration im Laufe der Zeit nach, wobei der Schwerpunkt auf den Vereinigten Staaten liegt.Zu den untersuchten Themen gehören:Wir und die Anderen: Die Konstruktion von KategorienKulturelle Kompetenz als Ansatz zum Verstehen von UnterschiedenTransformatives Lernen durch kulturelle BescheidenheitFörderung von kultureller Demut im institutionellen/organisatorischen KontextKulturelle Demut und die helfende FachkraftDas Buch zeigt anhand von Beispielen, wie das Konzept der kulturellen Bescheidenheit auf institutioneller Ebene und im Kontext individueller Interaktionen, z. B. zwischen einem Gesundheitsdienstleister oder Therapeuten und einem Klienten, umgesetzt werden kann.Diversität, kulturelle Demut und die helfenden Berufe: Building Bridges Across Difference'ist eine unverzichtbare Lektüre für Gesundheitsberufe (Krankenpflege, Medizin), Sozialarbeit, Psychologie, Kunsttherapie und andere helfende Berufe.

This textbook introduces readers to international law by linking it to the Harry Potter universe. Given the current changes in the international sphere away from a state-centric system to a multitude of non-state actors, it tests the legal regime by applying it to the out-of-the-box concept of wizards and thus rids the doctrinal debate of political factors. More specifically, the book explains core concepts of public international law, covering the elements of a state, state responsibility, jurisdiction, enforcement of international law and immunity. In the wizarding world, it addresses questions of statehood by discussing when a wizarding state is responsible for the crimes committed by its wizards, who has jurisdiction over crimes, and how international law is enforced. In addition, it introduces and explains the fundamentals of international humanitarian law, international human rights law, international criminal law, and air law by applying them to the wizarding world. The textbook is intended for anyone looking for an accessible introduction to public international law and its application.

This book presents case studies on the human rights performance of state-owned enterprises from four Latin American and three European countries, as well as foreign investments by Chinese state-owned enterprises on these continents. State-owned enterprises are considered among some of the worst perpetrators of contamination and corporate human rights violations around the globe, both domestically and abroad. This volume examines whether companies implement the UN Guiding Principles on Business and Human Rights and how their state owners regulate or incentivize their human rights compliance. Studies cover different sectors ranging from finance to extractives and air transport in Brazil, Chile, China, Ecuador, Finland, France, Germany, and Mexico and allow contrasts between companies from countries with different degrees of human rights regulation, including due diligence and supply chain laws. The work shows that states are rather hesitant to implement the UN Guiding Principles “leading by example.” The book will be essential reading for academics, researchers, and policy-makers working in the areas of international human rights law, comparative administrative law, and corporate social responsibility.

This book focuses on devising a comprehensive protective mechanism for the right to privacy in Pakistan. It argues that the existing legal regime lacks an effective remedy for victims of privacy violations and emphasizes the need for comprehensive legislation to safeguard this crucial right. Pursuing a multidisciplinary approach, the book thoroughly explores the issue of media intrusions into people's privacy through thematic media content analysis and highlights the significant impacts of these intrusions on victims'lives.In the process, the book addresses various conceptual aspects, their relevance, and their implications for privacy-related disputes during adjudication. Recognizing that theoretical underpinnings alone may not be sufficient to create a legal regime “from scratch,” it explores the enforcement of the right to privacy under the European Convention on Human Rights (ECHR), as interpreted and enforced by the European Court of Human Rights (ECtHR).The book subsequently goes beyond exploring international law by analyzing the impact of media-and-privacy cases on privacy protection in two major member states: Germany (a civil law jurisdiction) and the United Kingdom (a common law jurisdiction). Drawing upon these conceptual and comparative legal deliberations and findings, the book provides concrete guidelines for a new privacy law in Pakistan.

This book provides the first systematic assessment from a human rights law perspective of the landmark contributions of the renowned legal anthropologist, Sally Engle Merry. What impact does over-simplification have on human rights debates? The understandable tendency to present them as a single, universal, and immutable concept ignores their complexity and by extension only serves to weaken them. Merry and her colleagues transformed human rights thinking by highlighting the process of'vernacularization', which sees rights discourse as being unavoidably dependent upon translation and interpretation. She also warned of the pitfalls of excessive reliance upon statistical and other indicators, through the process of quantification. Here the leading voices in the field assess the significance of these contributions.

This book examines the implications of information security which plays such an important role in modern digital infrastructure. Information security technologies restrict the (mis)use of this infrastructure, while also constantly being probed by researchers, intelligence agencies and criminals. One can see this cycle of making and breaking everywhere in the digital sphere. An important example of this cat-and-mouse game is the development of quantum computers, which may in the near future break some widely used encryption technologies. This cycle also has implications for human rights: weakening encryption may affect privacy, for example. But the relationship between human rights and information security has not been investigated in-depth before. In this study, state obligations relating to information security are analysed under the European Convention for Human Rights and the EU Charter for Fundamental Rights, focusing on issues as human rights-compatible encryption policy, on how governments should deal with vulnerabilities in software, and whether governments can curtail the development and export of quantum computers. This book analyses the human rights-compatibility of quantum computing governance and offers unique insights into the connection between human rights and information security that will be relevant for legal practitioners, policy-makers and academics involved in this field of research. Ot van Daalen is Assistant Professor at the Institute for Information Law (IViR), Faculty of Law of the University of Amsterdam, the Netherlands.

Elgar Advanced Introductions are stimulating and thoughtful introductions to major fields in the social sciences, business and law, expertly written by the world's leading scholars. Designed to be accessible yet rigorous, they offer concise and lucid surveys of the substantive and policy issues associated with discrete subject areas.In this vital Advanced Introduction, Dinah Shelton and Federico Guzman Duque examine the human rights of indigenous peoples and communities under current international law. Setting out a historical overview of the legal treatment of native populations from the colonial period to the present, the authors deftly analyse frameworks of institutions monitoring indigenous human rights, theoretical issues relating to these, access to justice and reparations, and special considerations afforded to specific indigenous communities.Key Features:Surveyance of the jurisprudence of all major regional human rights systems, including UN-Charter based and UN-treaty bodiesAnalysis of indigenous rights case law adopted by international bodies, with emphasis on leading and ground-breaking rulingsSpecial focus on less-understood emerging aspects of the law, including the situation of hunter-gatherers and pastoralists, the nuances of territorial rights, and the impacts of violence and armed conflict upon indigenous existencesProviding a panoramic view of a complex and rapidly evolving subject, this Advanced Introduction will prove a crucial read for legal practitioners and public officials, as well as indigenous leaders and human rights defenders. It will also appeal to students, scholars and researchers of human rights law, and law and society.

This edited collection articulates a future direction for research at the nexus of criminology and human rights by bringing together experts from different branches of criminology and criminal justice who, while they may be sceptical about certain aspects of human rights theory or practice, share an interest in realising many of the objectives set out in human rights instruments. It argues that critical criminological research has a significant role to play in identifying whether state and state-corporate power is exercised in ways that align with human rights law and principles, although the discipline has been slow to advance this agenda. This book covers a wide array of topics and seeks to develop critical human rights approaches within criminology and criminal justice.Chapter 1 is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com

The Universal Periodic Review (UPR) is a peer-review mechanism, reviewing all 193 UN Member States'protection and promotion of human rights. After ten years of the existence of the UPR mechanism, this collection examines the effectiveness of the UPR, theoretical and conceptual debates about its modus operandi, and the lessons that can be drawn across different regions/states to identify possible improvements.The book argues that despite its limitations, the UPR mechanism with its inclusive, cooperative, and collaborative framework, is an important human rights mechanism with the potential to evolve over time into an effective cooperative tool for monitoring human rights implementation. Divided into three parts, the first part focuses on exploring a variety of theoretical approaches to understanding the UPR mechanism. The second part examines specific human rights themes and the relationship between the UPR mechanism and other international mechanisms. Finally, the third part questions implementation and the ways in which states/regional groupings have engaged with the UPR mechanism and what lessons can be learned for the future.The volume will be a valuable resource for researchers, academics, and policymakers working in the area of international human rights law, international organizations, and international relations. We would like to acknowledge the UPR Academic Network (UPRAN) for bringing together the experts on this project and the University of Stirling for providing funds to facilitate open access dissemination for parts of this output.The Introduction and Chapter 6 of this book are freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution (CC-BY) 4.0 license.

This open access book intends to contribute to the debate on migrant labour exploitation by exploring the extent to which the EU and the European countries provide a standard for protecting migrant workers. It moves from a socio-legal and theoretical perspective and builds on critical studies on vulnerability, exploitation, trafficking and migrant labour regimes – along with relevant feminist theories, including theories on social reproduction – while also drawing on extensive fieldwork. By mobilising the concept of ‘situational vulnerabilities', the book critically investigates the assemblage and interaction of factors creating and amplifying migrant workers'vulnerabilities to exploitation in the key sectors of agriculture and domestic work. The aim is to highlight how situations of vulnerability to exploitation are generated and exacerbated by relevant legal and policy frameworks, underlining and questioning the tensions, continuities, and ambiguities between different regimes, such as the regimes regulating labour migration and those intended to combat severe exploitation. While at national level the focus is on relevant Italian legal and policy instruments and approaches, the book also offers a comparative look at those adopted in the UK. This critical analysis considers labour exploitation both in its systemic dimension and as a continuum. It sheds lights on how forms of exploitation are associated with different ‘situational'vulnerabilities produced by the interplay of personal and structural factors in line with a gender and intersectional approach. By engaging an analysis of the ways in which the concepts of exploitation and vulnerability are addressed and formulated in various international, European, and national legal and policy instruments, the study reveals the limitations and ambiguities of applicable legislation and policies. The book is a great resource for students and academics in the field as well as legal practitioners and policymakers interested in human rights, migration studies, labour rights, labour exploitation, and gender related issues.

This book contributes to the discourse on disability in Africa as an issue of systemic exclusion characterized by the discrimination and often complete segregation of persons with disabilities (PWDs) in various African countries. Despite the inclusive promise of the Convention on the Rights of Persons with Disabilities (CRPD) as well as the Protocol to the African Charter on Human and Peoples'Rights on the Rights of Persons with Disabilities in Africa, the situation has not actually improved for PWDs in Africa. Given the powerful evidence of the devaluation of PWDs in connection with the COVID-19 pandemic, it is high time to reflect on the experiences of persons with disabilities in education, along with other forms of discrimination they encounter. The book's respective chapters assess how well the existing legal frameworks, policies and practices in most African countries have met the needs for inclusion of children and adults with disabilities. The social and economic rights of persons with disabilities are protected in the constitutions of most countries and enshrined in the normative frameworks that most African leaders have adopted and ratified. These commitments need to be borne in mind when thinking about the present and the future. Inclusive development is an investment and must be viewed as part of a package of reforms that are connected to substantive social protection and improvements in realizing other socio-economic goods. Indeed, a range of alliances are needed to advance the goals of ‘leaving no one behind', ensuring ‘education for all', and delivering on the African Union's call for the development of policies, programmes and requisite budgets for the realization of inclusive education for persons with disabilities.

This book provides a comprehensive view to those who are interested in human trafficking, child trafficking, and child protection in China. Based on over 2000 case laws from 1990 to 2020, this book provides an in-depth analysis of the causes, criminal patterns, and consequences of child trafficking happened in 30 provinces in China. It reveals a phenomenon that has not attracted much attention at the international level -- the trafficking of children, intranational and transnational, for resale and illegal adoption.

This book deals with the research and use of embryonic stem cells to combat a number of diseases and the legal limitations, arising mostly from bioethical concerns regarding human life. Using the New Haven problem and policy-oriented method of jurisprudence, the author thoroughly explains the scientific and technological parameters and promise of this medical innovation and its alternatives as well as the conflicting claims and past decisions regarding its legal and moral acceptability in international and comparative perspective. International law, EU and regional human rights law, as well as individual countries'laws across the globe are covered, ending with American law on the federal and state levels. The book concludes with a recommendation of humane regulation, and a draft federal statute as a model form of regulation that would allow the beneficial research and use of this technology.

This book presents a study of alternative penalties to the death penalty in China, aiming to promote theoretical exploration of death penalty reform in China as well as long-term penal reform. Currently, China is endeavouring to control the use of the death penalty and is gradually moving towards its abolition. The factors influencing the choice of the punishment option to replace the death penalty are complex and varied and include the traditional punishment culture, penalty concepts, the political system, the punishment system, public opinion and human rights, etc. Given the differences between China and developed Western democratic states, when we examine these influencing factors, we cannot ignore the culture of the punishment and the special political and legislation system in China. In this light, this work examined and analysed the factors that influence the choice of punishment option to replace the death penalty in this special political system with its clearly Chinese characteristics. Criminal policy and public opinion are two significant and typical factors involving obvious political considerations in China. The former normally reflects and carries out the will of the Government as expressed to the national management; the latter responds to the majority of citizens'view on the current legal system and it is, to a great extent, the basis for national leadership's running of the country. Even though life imprisonment without release (hereinafter, LWOR) has been stipulated by the Ninth Amendment for the crime of corruption, it should not be the preferable option as the alternative sanction to the death penalty because it is a kind of cruel torture and violates the constitutional principle of human rights protection. On the contrary, life imprisonment with possibility of release (hereinafter, LWPR) would be an option, but the termination mechanisms for inmates should be set out in accordance with the principle of proportional justice; aggravatedlife imprisonment can be chosen to replace the death penalty in China. In addition, there needs to be improvements made to the relevant criminal systems. By examining China's death penalty reform and long-term imprisonment reform, this book not only explains the methodology of the reform theoretically, but also pays attention to the issues of legislation and judicial practice. This book is of interest to scholars and researchers in the fields of criminal justice, penal reform issues, and crime control in China.

This book discusses the principle of open justice with a focus on the mechanism of video streaming of court proceedings. The principle of open justice is multidimensional and involves both the human right to a fair trial and freedom of expression. The book distinguishes between three components of open justice: public hearings, media coverage of proceedings, and publication of judgments. All three have been and/or could be substantially affected by the digital revolution: public hearings could benefit from video streaming, the media coverage from social media, and the publication of judgments from online databases. The book analyses recent advances and challenges related to the digitalization of open justice. Particular attention is paid to the relevant case law of European courts, to the impact of the GDPR with an emphasis on the sensitive issue of pseudonymizing judgments, and to a comparison of various national practices. Although the book's primary focus is on European law, it will also be of interest to scholars from other continents, either for purposes of comparative research, or because the topic itself touches on general theory of law issues.

The book offers a comprehensive and clear introduction for students and those interested in human rights, written by a renowned human rights expert. It not only provides an introduction to the diversity of issues, actors and institutions in human rights policy and politics, but also offers assistance and suggestions on how the complex reality of human rights politics can be described and analysed with the help of political science and related disciplines. It deals with civil society engagement in human rights as well as state obligations and international efforts to protect human rights.This is an open access book.

This book delves into the complex intersection between artificial intelligence and human rights violations, shedding light on the far-reaching implications within the framework of discrimination and the pivotal role equality bodies play in combatting these issues. Through a collaborative effort between the Human Rights and Equality Institution of Türkiye (HREIT) and Hasan Kalyoncu University, the groundbreaking'International Symposium on the Effects of Artificial Intelligence in the Context of the Prohibition of Discrimination'took place on March 30, 2022, in Gaziantep. This book is the outcome of this symposium, bringing attention to the alarming issues of'bias and discrimination'prevalent in the application of artificial intelligence. With a commitment to Sustainable Development Goal 8.10 of safeguarding human rights in the digital realm and countering the adverse effects of artificial intelligence, this work is an essential contribution to the Human Rights Action Plan. Comprising an array of insightful chapters, this book offers an in-depth exploration of artificial intelligence technologies, encompassing a broad spectrum of topics ranging from data protection to algorithmic discrimination, the deployment of artificial intelligence in criminal proceedings to combating hate speech, and from predictive policing to meta-surveillance. It aims to serve as a call to action, urging societies and policymakers to acknowledge the potential threats posed by AI and recognize the need for robust legislative frameworks and ethical principles to ensure that international standards on human rights are upheld in the face of technological advancements.

This book provides a rigorous investigation into the adoption and culture of human rights in Nigeria, with a focus on the human rights attitudes of Nigerian students. Exploring the perceived paradox of enthusiastic endorsement of human rights instruments and their poor application in Nigeria, the author uses an empirical-theological research design to understand how young people in Nigeria evaluate human rights and which factors trigger their evaluation. In doing so, this book is the first to empirically examine the predictors of human rights attitudes among Nigerians and provides new insights into the degree of social significance of the religiosity of adolescents in the country. It also offers a compelling quantitative analysis differences in human rights attitudes among Nigerian youth along religious lines. Given the importance of a culture of human rights in our increasingly diverse societies and the salience of religion on this matter in Nigeria, and across the Africancontinent, this book provides a valuable perspective on the interrelationships between religion, value orientations, personality traits, socio-political context, and human rights. Being concerned with the future of human rights in Nigeria, the author argues that it is crucial to understand ‘the religious factor'among Nigerian students today. This book is therefore recommended to educators, especially teachers of Religion Education, and scholars working in educational settings, but will also be of interest to researchers in social sciences, public administrators, and policymakers.

This book provides a textured understanding of intimate violence across the unlimited stretch of human relationships, institutions, and social structures. The volume has been conceptualized with the overarching objective to provide the reader with a collection of thoughtfully selected chapters that critically examine existing literature for an in-depth analysis of institutions through the lens of violence, beyond disciplinary and topical boundaries, from a range of methodologies. The book encourages reflections on the complexities of society, its institutions and gendered norms that enmesh violence and intimate relationships. It further examines the socio-normative contexts within which violence operates as a tool for maintaining inequalities in society. The chapters in this volume attempt to address questions such as: What are the complexities in the relationship between the perpetrator and the victim which sustain and legitimize violence? What are the diverse dimensions of violence in intimate relationships? What role does violence in intimate spaces play in preserving status quo and the pervasive gendered hierarchies within society and its institutions? Who is vulnerable to violence and why? The book covers conversations on intimate space violence and relationships that have not been explored hitherto in mainstream academic debates. The volume pivots violence fundamentally as a product of ‘entitlements'based on gendered social hierarchies and critical intersectionalities to examine its manifestations in a variety of intimate situations and relationships beyond socio-cultural, religious and geographical boundaries. The book provides invaluable learnings for academics, researchers, students, lawyers, sociologists, social workers, health professionals and policymakers.

This is an open access book.Modern society is characterized by the fact of contingency, uncertainty, and ambiguity. The purpose of this book is to transform this phenomenal fact into a hopeful norm. As a clue, the book examines the concept of dignity and looks forward to a new definition. So far, the concept of dignity has been peripheral to the concerns of liberal social sciences. This book uses the concept of dignity as a source of light to illuminate the fundamental critique of liberal social sciences and philosophy. Can the theory of justice or discourse ethics truly realize the well-defined society it envisions in a fundamentally contingent, uncertain, and ambiguous situation? Can societies be inclusive of minorities relegated to the periphery with their dignity undermined? Can we resist the temptation to construct huge hierarchical stairs, forcing individuals to place themselves on one of its steps, and thus lining up different and diverse entities in along sequence, and eventually bringing about totalitarianism? This book has a three-level telescopic structure. At the very front, there is a scope of reexaming the political liberalism in the light of dignity. Behind it is a scope of reconstructing a theory of justice in modern society. Further behind it, there is a scope encompassing reflection on the methodology of liberal social sciences and philosophy. We leave it to the reader's imagination as to which scope to read this book through, and what image will emerge from the three scopes taken together. It is our hope that this book helps readers envision as a'realistic utopia'a society in which'no one is left behind,'including wounded little birds.

This book develops a critique of the equality paradigms and principles to be found in the majority of today's legal orders. It accompanies the reader taking her/him/x from a critique of non-discrimination and equality to the ‘opposite'end of the spectrum, that is, to collective rights, collectivization processes and a manifestation of recognition that is based on difference. This interdisciplinary, theoretical journey explores a multiplicity of (legal) orders in terms of how they provide spaces of articulation for ‘difference'. The book draws, emblematically, on the rights of indigenous peoples as well as recognized and unrecognized cultural, ethnic, linguistic and religious minorities. The book thereby builds on legal and political theory, which ultimately proves essential given the dedicated objective of the book, that is, to introduce a variety of recognition principles and what the author terms ‘scales of collectivization', which facilitate a better understanding of collective rights and further ways to capture, define and ultimately measure these rights.

Imagine a future of international law in which artificial intelligence reshapes human rights, trade, and arbitration. This work deals with the most burning issues of our times: how AI is no longer a tool but the force of transformation par excellence for global governance. Leading scholars and practitioners bring together an informed analysis of the challenges and opportunities artificial intelligence brings to the legal landscape. The text takes a comprehensive dimension - from ethical dilemmas to technical hurdles - by going in-depth concerning every chapter on what AI can do for international law. Whether researcher, legal professional, or policymaker, there is much to learn from these insights and how they shape the view of the role AI could potentially play within the law and redefine what justice looks like on a global scale. Prepare to be challenged, enlightened, and inspired by a work that dares to ask the hard questions - and teases at the answers waiting just beyond the horizon.

This book offers an extensive research work to explore the accessibility of women with disabilities and financial insolvency to social safety net program in rural Bangladesh. The book examines the impact of intersectional identities in accessibility to the human rights in a contextual setting. The authors have also scrutinized the existing policies to identify policy gaps and provide some policy recommendations from this insightful study. Apart from narrower view of the targeting method or implementation of social safety net program on targeting beneficiaries, this research has combined gender and disability in a study framework with making a focus on the Allowances Program for Insolvent Persons with Disabilities provided by Government of Bangladesh. They have argued that intersectional identities (gender, disability, financial insolvency) have influenced over the accessibility to social safety net program as well as identified the challenges of accessibility which provides a broader view of practices of public administration of Bangladesh and enlightens on social and cultural context creating barriers in accessibility to human rights of women with disabilities. The authors argue for bringing changes of the service delivery of the program by bringing change in policies according to human right-based treaties. This book is useful to policy makers, international donor agencies, government officials, and NGOs.

This book explores the challenges that international law faces in curtailing human rights violations arising from mineral exploitation. Beginning with the specific dynamics between mineral exploitation and human rights abuses, the analysis progressively uncovers the layers of regulatory challenges, focusing on the complexities of how economic regimes intersect with, and often undermine, human rights protections. This perspective shows how the fragmentation of international law is not only affecting the capability to protect global interests but also threatening the systemic operation of international law. In this regard, this work presents three expressions of how the fragmentation of international law impacts the response to violence in mineral exploitation. First, fragmentation influences legal operators'classification and objective setting for situations; second, it shapes the selection of response tools, limited by these objectives; and third, it creates conflicts in applying international obligations pertaining to distant special regimes, where the interpretations rendered by decisionmakers are inherently biased towards the interests of the special regime to which they pertain.

This book delves into the intertwined narratives of Poland and Germany's post-war experiences, shedding light on their shared trauma from World War II and subsequent confrontations with communism. Authored by scholars from Faculty of Law and Administration, University of Warsaw and Law School of Friedrich-Alexander University Erlangen-Nuremberg, it opens a critical dialogue about the nations'efforts to recover from war, dictatorship, and human rights abuses. From constitutional law to criminal justice, the chapters explore diverse facets of their shared history, offering fresh insights and reflections. This collaborative effort culminates in a comprehensive analysis of post-war politics and legal frameworks, providing valuable perspectives on transitional justice and human rights protection. Through meticulous research and interdisciplinary discourse, the book aims to deepen Polish-German friendship, foster academic cooperation, and honor the memory of past generations while envisioning a future rooted in the rule of law, human rights, and peace for both nations and Europe as a whole. Through insightful contributions and meticulous research, it navigates complex legal and political landscapes, providing valuable insights into the challenges and opportunities inherent in navigating the legacies of war, dictatorship, and human rights abuses. It reflects on the profound implications of historical events, such as the Treaty of Versailles and the Nuremberg Trials, on legal and political landscapes. Through detailed examinations of institutional transformations and legal frameworks, it highlights the challenges of confronting past injustices and shaping future trajectories.

This yearbook is a compilation of thematically arranged essays that critically analyse emerging developments, issues, and perspectives in the field of comparative law. It comprises three parts wherein the first part focuses on public law and its related issues, the second part engages with issues in the field of private law, and the third part discusses general themes in comparative law. The yearbook includes papers on comparative study between universalism and Asian exceptionalism under human rights perspective, reclaiming the German concept of the rule of law “Rechtsstaat”, the Guarantee Clause in global constitutionalism, administrative justice, constitution and culture, and the category of the'stranger'in modern legal and political thought. The Yearbook touches upon various issues, e.g., forest protection and the idea of Justice, the application of defamation law on politicians, the intersection of customary law relating to child marriage in different countries, hybrid statehood and Buddhist nationalism. Further, scholarly work on the themes of comparative law, customary law, environmental law, and constitutional law is also highlighted.The yearbook intends to seamlessly tie together discussions on both public and private law aspects of comparative law. It encourages readers to gain a nuanced understanding of the working of the law, legal systems and legal cultures while aiding deliberations on the constituents of an ideal system of law.

This book provides a supportive lending hand to researchers of constitutional law worldwide about the constitutional law of Bangladesh. Moreover, this book discusses the evolution and development of the constitutional law of Bangladesh over 50 years from its embryonic stage with reference to comparative constitutional law. This book is a very useful resource for the comparative constitutional researchers as readers will be able to easily interpret the constitutional law of Bangladesh from national, regional and global constitutional law perspectives.This book celebrates the fiftieth anniversary of the Constitution, the first of its kind to portray the journey of constitutionalism in Bangladesh comprehensively with intellectual observations and palatable recommendations for improvement. This book looks back to the constituent assembly debates, intention of the constitution makers and how have those dreams and aspirations have come into realities, what goals have beenachieved, what caused some failures, and what should be its future directions. At such a momentous point in history, it is imperative that its native and foreign constitutional authoritative voices scholarly assess the constitutional design, understand the reasons for its successes and occasional failures, and ventilate their views towards its progressive development to elevate it to a new height in the 21st century and beyond.The book chapters discuss not only the text of the constitution and some judicial precedents, rather involve in a much larger task of unveiling the interpretative approach of the Constitution from a comparative constitutional law perspective. This book shall project the future roadmap for the journey of constitutionalism in Bangladesh throughout all chapters offering policy recommendations for the revision of the Constitution.

Dieses Buch bietet einen umfassenden Überblick über die öffentliche Einstellung zur Todesstrafe in Indien, ergänzt durch eine Zusammenfassung der derzeitigen Anwendung, Abschaffung und Debatte der Todesstrafe weltweit. Das Autorenteam konzentriert sich dabei auf vier Hauptaspekte: die überhöhten Kosten und die unzureichende Verwendung der Mittel, unrechtmäßige Hinrichtungen Unschuldiger, das Versagen der Todesstrafe als wirksames Abschreckungsmittel und die alternative Strafe der lebenslangen Haft ohne Bewährung. Des Weiteren werden insbesondere die öffentlichen Meinungen und Einstellungen zur Todesstrafe als bedeutender Einflussfaktor in den Blick genommen – weltweit und in Indien. Daneben widmet das Autorenteam auch den Opfern der Strafe und deren Familien sowie den am Prozess beteiligten Akteuren (u.a. im Gericht, im Strafvollzug) ein Kapitel und erörtert darin die psychosozialen Konsequenzen für diese Personengruppen. Auf der Grundlage von Meinungsumfragen ist das Buch eine unverzichtbare Lektüre für alle, die sich für Indien, seine Regierung, sein Strafrechtssystem und seine Politik zur Todesstrafe und zu den Menschenrechten interessieren.

This book proposes an interdisciplinary methodology for developing an intercultural use of law so as to include cultural differences and their protection within legal discourse; this is based on an analysis of the sensory grammar tacitly included in categorizations. This is achieved by combining the theoretical insights provided by legal theory, anthropology and semiotics with a reading of human rights as translational interfaces among the different cultural spaces in which people live. To support this use of human rights'semantic and normative potential, a specific cultural-geographic view dubbed ‘legal chorology'is employed. Its primary purpose is to show the extant continuity between categories and spaces of experience, and more specifically between legal meanings and the spatial dimensions of people's lives. Through the lens of legal chorology and the intercultural, translational use of human rights, the book provides a methodology that shows how to make space and lawreciprocally transformative so as to create an inclusive legal grammar that is equidistant from social cultural differences. The analysis includes: a critical view on opportunities for intercultural secularization; the possibility of construing a legal grammar of quotidian life that leads to an inclusive equidistance from differences rather than an unachievable neutrality or an all-encompassing universal legal ontology; an interdisciplinary methodology for legal intercultural translation; a chorological reading of the relationships between human rights protection and lived spaces; and an intercultural and geo-semiotic examination of a series of legal cases and current issues such as indigenous peoples'rights and the international protection of sacred places.

Despite committed effort to integrate postcolonial theory and decolonizing practices in human rights education in social work, there is scant literature offering a more balanced global perspective. This book addresses that need. Included here are discursive voices contributed by social work colleagues whose work is impacted by postcolonial realities. The task of decolonizing social work as a human rights profession calls for the inclusion of contesting perspectives from social work activists, human rights advocates and educators whose critical standpoints are drawn from the historical context of Global North-South relations. This book is essential given the many manifestations of global injustice, wars and climate catastrophes. The critical involvement of social workers in decolonized human rights advocacy is at no period in history, more urgent than now. The book: Engages readers in reflective discourse over the contentious manner human rights principles are referenced by social work practitioners within the context of contemporary North-South geopolitics Explores dilemmas, conflicts, challenges and limitations experienced by social workers worldwide while upholding human rights principles Uses critical case studies that expose how the vestiges of colonialism continue to impact communities Identifies areas of human rights advocacy where social work succeeds, and where it is confronted by limiting challenges Emphasizes the importance of human rights education and practice in the context of global inequalities Decolonized Approaches to Human Rights and Social Work provides models of good practice the world over in human rights advocacy. It is timely and essential reading for faculty who teach courses in social work, social development, community organization, human rights and social justice, as well as for students in social work, law, sociology, global studies and human rights. The book should draw readers who work in non-governmental organizations, international development agencies, advocacy groups, and community-based and grassroots organizations. International research centers, law clinics and organizations serving migrants and refugees would find it a useful resource.

This book is a compendium of emergent global Human Rights Scholarship offering current ruminations on justice, indigeneity, gender, security, and human rights. This edited collection examines Access to Justice, Allyship and Equality, Human Rights and Social Justice, the Rights of Indigenous People, Indigenous Rights and the University, Transgender Healthcare, Femicide, Women Workers, Extremism and Misogyny, Human Rights and Aging, cyberwarfare, climate change.

International Human Rights: Problems of Law, Policy, and Practice, Seventh Edition by Hurst Hannum, S. James Anaya, Dinah Shelton, and Rosa Celorio is a student-friendly coursebook that surveys the foundational features and diverse components of the international human rights system, while highlighting human rights issues of pressing concern, including racial discrimination, violence against women, the struggles of indigenous peoples, armed conflicts, lack of access to healthcare and other basic necessities, environmental degradation, and climate change, among others. This coursebook introduces students to the established and developing international law on human rights. Its pages navigate a wide range of substantive norms; procedural rules; and national, regional, and global institutions whose mandate is to promote and monitor compliance with internationally-recognized human rights. The book discusses a range of contemporary human rights challenges, including racial discrimination; violence against women; the struggles of indigenous peoples; armed conflict; threats to free speech, social protest, the defense of human rights; lack of access to health care, and other basic necessities; and environmental degradation and climate change, among others. This book is artfully organized around the foundational features and diverse components of the international human rights system at both the global and regional levels. Distinct problems related to human rights are introduced to illustrate the real issues that face human rights lawyers and how those issues might be addressed through international (and domestic) processes involving internationally-recognized human rights norms. Balancing practical considerations and theory, this outstanding authorship team delivers a comprehensive text that examines historical underpinnings and contemporary considerations related to human rights efforts across the globe. New to the Seventh Edition: New or updated examination of a range of human rights issues, including racial discrimination and police violence; discrimination and violence against women and LGBTI persons; threats to indigenous peoples; undermining of rights of political participation; the human rights impacts of environmental degradation and climate change; human rights in the digital space; among others. Discussion of the formidable impacts on international law and human rights of the Russia-Ukraine conflict that began in early 2022. Exposition of new human rights treaties, declarations, and decisions of judicial and other human rights bodies. Discussion of new developments regarding human rights institutions and international procedures to advance human rights. Updates on United States case law on the judicial enforcement of international human rights norms. This edition of the book is substantially reduced in volume from prior editions, such that it is better designed for use in a one-semester, three-hour course or seminar at the law school or university law. Professors and students will benefit from: Emphasis on practical issues that influence the application, implementation, and development of human rights law. Problem-oriented focus with the goal to motivate students to think about concrete issues and the application of human rights law to the real world. Discussion of current issues in human rights today. Discussion of not only global but also regional treaties, mechanisms, institutions, and procedures related to human rights. Comprehensive coverage that highlights substantive discussion of human rights problems around the world. Presentations of differing views on the theory and practice of human rights. Discussion of the theoretical foundations of human rights, cultural relativism, and sovereignty. Examination of h

There are any number of studies on Turkish secularism. However, to date there has never been a comprehensive analysis of the constitutional protection of secularism, one that systematically covers all relevant aspects. Addressing that gap, this book presents a comprehensive and coherent analysis of the constitutional framework of this principle within the Turkish legal system.Secularism is a common fundamental principle of all three Turkish constitutions (1924, 1961, 1982). The principle has been granted an irrevocable status and has been strictly constructed within the Turkish constitutional system. Despite the guarantee of irrevocability, however, its interpretation and application have undergone a drastic transformation in response to changing social and political circumstances.Today, the complaints filed before the domestic and international judiciary predominantly concern the Turkish State's neutrality and impartiality towards religion and the exercise of freedom of religion by religious minorities. While many observers have interpreted these problems in light of the contemporary policies pursued in the field of religion, a closer look reveals that the problem lies deeper in Turkey's general constitutional framework. While the 1982 Constitution declares the principle as an unamendable characteristic of the Republic and protects it with multi-layered mechanisms, certain anti-democratic features of the Constitution, including the President's predominant role in forming the high-ranking judiciary, affect the proper and consistent application of the principle of secularism.The consolidation of the secular state order depends on various factors other than a suitable constitution. However, it goes without saying that constitutions can help or hinder efforts to find solutions. Therefore, this book identifies the deficiencies in the Turkish constitutional and legal framework regarding the protection of secularism. It presents the historical development and definition of a secular state, analyzes the jurisprudence of the Turkish Constitutional Court and the European Court of Human Rights, studies the application of the party prohibition mechanism as a means of protecting the principle, and assesses the constitutional amendments of 2001, 2010 and 2017. Moreover, it proposes much-needed constitutional and legal amendments with a view to improving the application of the principle of secularism.

This is an open access book.Animals are the traditional blind spot in human rights theory. This book brings together the seemingly disparate discourses of human and animal rights, and looks at emerging animal rights as new human rights. It approaches the question whether animals can and should have human rights through a comprehensive review of contemporary human rights philosophy, discussing both naturalistic and political justifications of human and animal rights. On philosophical as well as practical grounds, this book argues that there are compelling conceptual, principled, and prudential reasons for modernizing the human rights paradigm and integrating animals into its protective mandate. Moreover, this book proposes the novel One Rights approach as a new (post-)human rights paradigm for the Anthropocene. One Rights advances a holistic understanding of the indivisibility and interdependence of human and animal rights. This book explores how thesystematic subjugation, exploitation, and extermination of animals simultaneously contributes to some of the gravest social and environmental threats to human rights, such as animalistic dehumanization and climate change. This book submits that, in light of their socio-political and ecological interconnectedness, human and animal rights are best protected in concert. The themes of this book are part of a larger conversation about postanthropocentric legal paradigms emerging in the Anthropocene. For human rights to survive in this era of anthropogenic crises, we need to abandon the toxic ideology of human exceptionalism and embrace a more inclusive version of (post-)human rights that tends to the nonhuman. This book intends to show that a holistic One Rights approach promises to achieve better rights-protective outcomes for humans, animals, and their shared planetary home.

Dieses Buch befasst sich mit dem organischen Kontinuum, das Individuen, Gemeinschaften und die Gesellschaft miteinander verbindet. Ein Überblick über Aspirationelle Algorithmen (AA) und Wertvolle Werkzeuge (WW) illustriert den möglichen Nutzen von Technologie, um einen bewussten Übergang einzuleiten, vom KI-Kult zur Kultivierung von Höherer Humanität (HH). Die menschliche Einstellung, die hinter dem Design und der Nutzung von Technologie steht, bestimmt die Ergebnisse der Technologie. Wenn das angestrebte Ergebnis das Gemeinwohl ist, dann muss das vorausgehende menschliche Streben auf dieses Ziel ausgerichtet sein. Nur eine Technologie, die mit dem Ziel konzipiert wurde, eine Gesellschaft zu schaffen die den Einzelnen zur Entfaltung seines Potenzials befähigt, wirkt sich positiv auf das Gemeinwohl aus. Angesichts des ständigen Wechselspiels zwischen den vier Dimensionen der menschlichen Existenz - Seele, Herz, Verstand, Körper -, die sich in Form von Bestrebungen, Emotionen, Gedanken und Empfindungen ausdrücken, wird deutlich, wie Technologie dazu dienen kann, den Einzelnen systematisch von der Inspiration zum Wunsch, von der Information zur Zündung einer spürbaren Veränderung zu führen. Dieses Buch erklärt den Übergang entlang einer multidimensionalen Einfluss Skala. Zwei sich gegenseitig beeinflussende Dynamiken werden analysiert: erstens der Einfluss von Werten und Bestrebungen auf die Wirkung von Technologie und zweitens der Einfluss von Technologie auf die Einstellung und das Handeln der Nutzer. Beide Ansätze zielen darauf ab, zu bewerten wie Hard- und Software einem Maximum an Menschen zu einem sinnvollen, glücklichen Leben verhelfen können.

Religious freedom is a fundamental and relatively uncontested right in both the United States and Europe. But other values like equality, justice, and the right to a private life are just as precious. Managing such conflicts has become a highly contested and politicized area of law and nowhere are such conflicts more evident – or more challenging – than those arising in the workplace.By comparing United States Federal Courts'approach to free exercise in the workplace with that of the European Court of Human Rights, this book explores two very different methodologies for adjudicating rights conflicts. In examining methods and results, case by case, issue by issue and addressing each step of the analytical processes taken by judges, it becomes apparent that the United States has lost its way in the quest for equality and justice. It is argued here that while the European approach has its own flaws, its proportionality approach may offer vital lessons for United States practice.The book will make compelling reading for researchers, academics, and policy-makers working in the areas of law and religion, human rights law, constitutional law, and comparative law.

This book investigates perceptions against the people of north-east India, and why such prejudicial attitude exists. It subsequently quantifies and develops measures to counter such stereotypes and affiliated violence. This research examines the north-east Indian population's and the general Indian population's understanding of hate crime against the north-eastern population in metropolitan cities of India, both in concept and in perpetration. Further, it evaluates the existing constitutional and statutory provisions in India to determine if the proposed legislation and provisions are sufficient with regards to hate crime against north-eastern people of India. Drawing on empirical research addressing racial hate crimes in Delhi, Mumbai, Bengaluru, Chennai, Hyderabad and Pune, this book's case studies provide a qualitative dive to the problem and offer experiential analysis in order to curate preventive measures. This book is ideal for scholars, researchers, teachers and students interested in hate crime, racial violence, minority struggles, victimology, and law.

Volume 24 of the Yearbook of International Humanitarian Law (IHL) is dedicated to investigating IHL's universalist claims from different perspectives and regarding different areas of IHL. While academic debates about “universalism versus particularism” have dominated much of the critical scholarship in international law over the past two decades, they remain relatively underexplored in the field of IHL. The current volume fills this gap in IHL literature by focusing on the ways in which different interpretive communities approach questions of IHL from differing perspectives. Authors were invited to use the concept of culture to deconstruct and take critical distance from the production, interpretation, and application of IHL, and those keen on challenging the idea that IHL needs critical deconstruction were also invited to argue their case. The Volume contains four articles dedicated to the subject of cultures of IHL. It also features a book symposium on Samuel Moyn's Humane: How The United States Abandoned Peace and Reinvented War (2021) and ends, as usual, with a Year in Review section. The Yearbook of International Humanitarian Law is a leading annual publication devoted to the study of international humanitarian law. The Yearbook has always strived to be at the forefront of the debate of pressing doctrinal questions of IHL and will continue to do so in the future. As this volume shows, it is also a forum for taking a step back and reflecting on the broader, theoretical issues that inform the practice and thinking about the field. The Yearbook provides an international forum for high-quality, peer-reviewed academic articles focusing on this crucial branch of international law. Distinguished by contemporary relevance, it bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.

This book examines the multifaceted nature of gender-based violence (GBV) and the many forms it can take. It explores the area of GBV and its implications on human rights, law, and policy. The book highlights the significance of current international debates around preventing GBV and provides context for understanding GBV as a complex structural phenomenon deeply rooted in gender inequality. It addresses GBV as one of the most notable human rights violations within all societies and provides multiple global perspectives on GBV to address the common challenges and barriers to combating this issue.Key areas of coverage include:Sexual violence.Domestic violence.Intimate partner violence.Media Misogyny.Online trolling.Discrimination.Sex trafficking and modern slavery.Preventative Measures and role of men.International Perspectives on Gender-Based Violence is an essential resource for researchers, clinicians/therapists, and upper-level undergraduate and graduate students in developmental psychology, family policy, forensic psychology, human rights, public health, criminology/criminal justice, and clinical social work as well as all interrelated disciplines.