Search

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 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 study of victimization is experiencing profound changes with the introduction of new challenges and demands. From emerging forms of victimization to the continuous evolution of perpetrators'methods, these shifts necessitate critical adjustments of the study at theoretical and practical levels. The scientific community, as well as public communities and institutions of justice grapple with the intricate connections between crime victims and the justice system. Amidst this urgency, there is a distinctive need for a comprehensive resource that not only delves into the complexities of victimology but also addresses the evolving theoretical and practical frameworks shaping the field. Victimization has transformed into unprecedented forms, impacting individuals, communities, and institutions. These changes create a demand for innovative solutions at multiple levels. The scientific community faces the challenge of adapting theoretical approaches, prevention, and intervention strategies to keep pace with evolving victimization methods. Communities and organizations require new protection strategies, particularly in the face of collective victimization. Within justice systems, constant vigilance and adaptation are essential to navigate the complexities of these transformations. Modern Insights and Strategies in Victimology serves as the definitive solution to the pressing challenges presented by the evolving landscape of victimology. Exclusively featuring qualitative studies, the book offers a unique perspective by delving deeply into the lived experiences, narratives, and emotions within the justice system. Through its contemporary and systematic approach, the handbook integrates theoretical approaches with recent empirical studies, emphasizing qualitative methodologies. The book is a testament to its commitment to enriching academic scholarship while providing invaluable insights to victim assistance professionals, policymakers, and decision-makers. This book takes a holistic approach and aims to bridge the gap between academic research and practical application, with consideration for students, educators, victim assistance professionals, and policymakers involved in improving victim outcomes. By engaging with vivid narratives, personal stories, and qualitative insights, readers can explore the multifaceted dimensions of victimization. This exclusive focus on victimology and qualitative research not only honors the resilience and voices of victims but also contributes to shaping a collective understanding of victimization and the pathways to justice.

This open access book critically examines the policies and practices related to climate-related human mobility in Asia-Pacific and the legal and policy protection framework for climatically displaced migrants (CDMs) through an interdisciplinary human rights-based approach. While covering the policy and theoretical dimensions of mobility, it also evaluates the issue through empirical studies. The book illustrates how interdisciplinary rights-based approaches address and identify gaps in the protection framework for the region regarding dimensions of climate change displacement, migration, forced migration, susceptibility to climate change, and typology of climate change-induced displacement. Presenting multiple case scenarios, it recommends a legal mechanism based on human rights in a region brimming with variety and multiculturalism. Bringing together voices from the Asia-Pacific Academic Network on Disaster Displacement, the book examines issues that are immediately relevant in countries where they are living and working. In addition to academic perspective, the chapters also bring perspectives from positions held in national human rights institutions and government. They bring insight into lived experience and policy processes, seeking to avert, minimize, and address displacement, including through general disaster risk reduction and climate change adaptation initiatives, as well as specific initiatives around emergency preparedness for response and planned relocation and resettlement. The chapters examine diverse forms of human mobility, including displacement, planned relocation, and forced immobility. The combination of studies focusing on both sudden onset and slower onset movement is also distinctive. With a thorough understanding of the interdisciplinary rights-based approaches to the issue, students, researchers, policymakers, administrators, and all those engaged in studying these topics can quickly evaluate and appreciate how the rights of CDMs are protected on a national, regional, and international level in Asia-Pacific.

Cyberhate is defined as racist, discriminatory, negationist and violent statements made on social network platforms, text platforms, comment pages, and more. The Handbook on Cyber Hate, the Modern Cyber Evil, includes twenty-seven chapters from scholars representing over fifteen countries from the Global North and the Global South demonstrating a range of multi-faceted perspectives. While providing such a focus, these papers will also operate with a constantly evolving conceptualization of contemporary societies and their modern cyber-evil. Indeed, modern cyber-evil is a global concern and is primarily based on human minds and activities, and on deviant uses of modern technologies, which may differ ideologically, historically and culturally on the global map of modern legal systems. This plurality of perspectives, which poses a challenge to our future, is a strength of this handbook that offers a variety of foundations, legal perspectives, and popular developments in an effort to suggest measures to combat this modern cyber-evil infecting communications around the world. Editors Anne Wagner and Sarah Marusek offer a unique collection of chapters involving the theoretical foundations, legal perspectives, and societal perspectives from popular culture of modern cyber evil in order to address and combat racism on the basis of alleged race, skin color, nationality, descent and national or ethnic origin, etc.; discrimination/xenophobia on the basis of sex, gender, sexual orientation, religious or philosophical beliefs, health status, physical characteristics, etc.; hatred; violence; e-predation; and e-victimization. Advance Praise for “Handbook on Cyber Hate – The Modern Cyber Evil” “In'Handbook on Cyber Hate – The Modern Cyber Evil', editors Anne Wagner and Sarah Marusek have masterfully created a much-needed resource for understanding the complex and ever-changing landscape of online hate and cyberbullying. This comprehensive handbook delves deep into the murky waters of cyberevil, offering insightful semiotic and transdisciplinary perspectives from a wide range of international scholars. Each chapter deftly navigates the theoretical, legal, and societal dimensions of cyberhate, shedding light on the complex interplay between technology, law, and culture. The book's exploration of cyber hate is not just academic, but a call to action. It encourages readers, denizens of the digital semiosphere, to recognize and combat the insidious nature of online hate, equipping them with knowledge and strategies for creating a safer digital world. Covering topics from the study of benign exhibitionism, the boundaries between speech and action in cyberhate, legal intricacies of that speech, trolling in social media and hegemonic masculinity, to the cinematic portrayal of cyberbullying and the malicious use of memes: this handbook is a beacon of hope and guidelines in our increasingly digital society. What sets this handbook apart is its holistic approach. It not only identifies problems, but in many cases inspires solutions, fostering a culture of responsible digital citizenship and empathy. This is not just a book, but a road map for creating a more inclusive and compassionate online community. As we face the challenges of the digital age,'Handbook on Cyber Hate – The Modern Cyber Evil'is an indispensable handbook for researchers, educators, policy makers and all who seek to understand and combat the complexities of cyber hate. This is a must-read for shaping a more respectful and empathetic digital world.” Kristian Bankov, Professor of Semiotics, New Bulgarian University “In the present time of great confusion caused by the blurring of the lines of distinction between the real and virtual worlds, between artificial and human forms of intelligence and even between good and bad technologies representative for expressions of

Written by a team of experts from legal, forensic, and policy backgrounds, this book presents new research into sexual violence and harassment across Africa.This first of it's kind book foregrounds the work of African scholars and presents careful research analysis and case studies that consider sexual harassment from legal, socio-economic, and cultural realities. It highlights the importance of laws around sexual harassment in Africa, the intersectional challenges it poses to women in the workplace, and the role of the feminist movement in Africa to hold perpetrators accountable and give voice to survivors of sexual harassment. The book forms part of a broader African-driven research initiative on sexual harassment and the law and is written in partnership with the Africa End Sexual Harassment Initiative (AESHI). It also explores the need to focus on best-practice benchmarks for Africa and also learning from developments in Africa.Timely and relevant, the book will be of great interest to legal and policy academic scholars, professionals, and activists working in the fields of gender policy, forensic psychology, and NGOs. It will also be useful reading for postgraduate students of law, gender studies, political science, and African studies.

This book analyses a selection of leading works in the criminal law to ask questions about how the modern discipline of criminal law has developed, how it has been deployed in colonial and postcolonial contexts, and how criminal law scholarship has engaged with traditionally marginalised perspectives such as feminism, queer theory, and anti-carceral and abolitionist movements. The works analysed range from Macaulay's Indian Penal Code (1837) to more recent textbooks and monographs on criminal law, and their jurisdictional reach extends to India, Canada, Australia, Malawi, the UK and the USA. The contributing authors include scholars, activists and legal practitioners, each of whom explores the intellectual development and geographical reach of Anglocriminal law via the work they analyse. Across the collection, the editors and contributors address the question of what it means to be a leading work in criminal law. The book will be a valuable resource for students, academics and researchers working in the area of criminal law.

Victimology, Tenth Edition, covers the scope of crime victims'suffering in the US, offering a history of victims and the measurement of victimization, an explanation of the victim's role in the criminal justice process, and a recounting of the issues crime victims face as a result of crime and involvement in the criminal justice process. Doerner and Lab, both well-regarded scholars, write compellingly about how the current criminal's justice system can be transformed into a victim's justice system. Theory is woven together with the description of each topic, and specific examples illustrate each point. The book goes on to address the full impact of victimization, and a final section details specific types of victimization, ranging from violent crimes, including child and elder abuse, to property crime, to crime in the school and in the workplace. The authors explain how obstacles hinder the pursuit of justice, and provide significant policy and programming suggestions to render the system more victim-friendly.Appropriate for undergraduate as well as early graduate students in Victimology courses in Criminology, Criminal Justice, Sociology, and Justice Studies programs, this book offers instructor's aides with test bank and PowerPoint lecture slides as well as a companion site with student resources.

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 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.

Under the Fourth Republic since 1999, the challenge Nigerian leaders face like never before is how to create a state that matches the expectations of their diverse peoples at home and abroad. Taking this proposition as starting point, this book advances proposals for a human-right policy, referred to alternately in the work as principled foreign policy, for Nigeria under the Fourth Republic, taking advantage of the inestimable opportunity afforded by General Muhammadu Buhari's departure from the political scene on May 29, 2023, after the famine, domestically and externally, wrought by his two terms of office as President. It is a broad-ranging argument, draped in the less arcane constitutional vocabulary and material of human rights, for thoroughgoing reforms at home and abroad as the only antidote to the nation-building dilemmas Nigeria confronts in the first quarter of the twenty-first century. Buhari's departure marks the end of military teleguidance of Nigerian politics under the Fourth Republic in the camouflage of democratic rule, a birthmark of remote control dating back to the first military intervention in the country in January 1966. These momentous events within Nigeria coincide with equally epoch-making developments in the UK, Nigeria's former colonial overlord, with ripple effects in Nigeria, signified by the death of Queen Elizabeth II, after seven decades on the throne, and the emergence of Prince Charles as King of England. A new monarch in Britain adds to the opportunity that falls open for the reconfiguration of Nigeria's external relations with ramifications for the application of human rights in those relations. Despite its known disabilities, Nigeria has the potential infrastructure, including its sizable population, to conduct a human-right policy, if its leaders rationalize the country's resources more wisely.

This book untangles the components of police education and advocates a robust community-based training model with significant civilian oversight. The recommended approach recognizes that the citizenry needs to be included in the provision of basic police education, for it is they who must both support and be served by their police. The police must be role models for society, demonstrating that freedom and rights come with obligations, both to the community as a whole and to individuals in need within that community. Ultimately, the quality of police training and the public's safety depend not only on the leadership of police executives as well as the quality of educational institutions and police candidates but also on the building of a community's trust in its police.The issues of police recruitment, education, and retention have greater consequence in an era when protests and other signs of negativity surround law enforcement. Several incidents, including, most notably, George Floyd's murder by police, have sparked new training initiatives regarding police de-escalation and community engagement. At the same time, the proliferation of gun violence and a contentious political climate have led some officers to refrain from undertaking proactive types of policing. In this context, reform of the police education system is urgent. This book examines police training at all levels of government—local, regional, state, and federal. In addition, citizen participation programs, including the role of the media and programs for furthering law-related education (LRE), are highlighted. The proposed police education model recognizes that ordinary members of the American public need to contribute to the provision of basic police education, for it is they who must both support and be served by their police. The focus is on teaching a'guardian style'of policing at the local level. Police education would combine higher education, necessary practical proficiencies, and intensive field experiences through a gradual level of greater responsibility—likely extending over a 2-plus-year period for trainees with less than a year of previous college credits.This book will be of interest to a wide range of audiences such as law enforcement professionals and trainers, including those in executive development programs in police departments; community leaders, scholars, and policy experts who specialize in policing; concerned citizens; and students of criminal justice, especially those interested in police organization and management, criminal justice policy, and the historical development of police.

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

​This book examines whether Australia's constitution should be reformed so as to enable the country to fulfil its obligations under the United Nations Declaration on the Rights of Indigenous Peoples, which it ratified in 2009. The book surveys the history of the constitutional status of Australia's Indigenous peoples from the time of colonisation through to the current debate on ‘Indigenous constitutional recognition'. However, it argues that the term ‘Indigenous constitutional recognition', implying that mere acknowledgement of the existence of Indigenous peoples is sufficient to meet their legitimate expectations, misrepresents the nature of the project the country needs to engage in. The book argues that Australia should instead embark upon a reform programme directed towards substantive, and not merely symbolic, constitutional change. It argues that only by the inclusion in the constitution of enforceable constitutional rights canthe power imbalance between Indigenous Australians and the rest of society be addressed. Taking a comparative approach and drawing upon the experience of other jurisdictions, the book proposes a comprehensive constitutional reform programme, and includes the text of constitutional amendments designed to achieve the realisation of the rights of Australia's Indigenous peoples. It ends with a call to improve the standard of civics education so as to overcome voter apprehension towards constitutional change.

This book presents new perspectives on gender-based violence (GBV) in South Africa. It argues that violence against women is a manifestation of unequal gender relations and harmful manifestations of hegemonic masculinity, which are governed by patriarchal beliefs, institutions and systems. It includes chapters on quantitative research that assess not only the levels and determinants of violence against women but also men's attitudes towards gender-based violence, perceptions of violence, the legislative frameworks governing violence against women in South Africa, and the current cases and jurisprudence relating to this scourge. In spite of its focus on South Africa, the book also provides insights for comparative scholars exploring the value of different constitutional articulations of human rights and how they support (or fail to support) efforts to combat violence against women. By assessing recent incidents and responses to gender-based violence, the book provides a view of not only the societal but also jurisprudential opportunities and pitfalls in this area that may be applicable elsewhere. Gender equality and, central to this, the right of women to live lives free of violence, is a precondition for full democratic participation and is a universal goal. Accordingly, the South African experience contributes to a wider understanding of the possibilities and limitations of societal and legal reform in challenging the ubiquity of violence against women. The book is aimed at researchers, practitioners, students, professionals and advocates in the field of gender-based violence.

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.

Sexual Offences Against Children in India examines the evolution of the law pertaining to sexual violence against children, the judicial decisions since the inception of the POCSO Act till date with respect to aspects of the POCSO Act and the best practices from other developed jurisdictions for handling cases and victims of child abuse.Despite being prevalent, violence against children is often hidden or underreported, though its impact is widely acknowledged. In a country like India the vocabulary to communicate around sexuality and sexual abuse is almost non-existent. India has seen its journey from having no law on sexual abuse of children to having a “special” law in the form of the Protection of Children against Sexual Offences Act 2012 (POCSO Act). This book demystifies the problem of sexual violence against children in India pre- and post-POCSO Act. There is also a novel attempt to examine the implementation of the POCSO Act in the eastern Indian states of Odisha, Jharkhand and West Bengal, and if its objectives were being attained – in content, in implementation, and in impact.This book will be useful for police, judiciary and government officials, scholars, and researchers studying comparative aspects of dealing with sexual offence cases against children.

The rule of law represents the heart of constitutionalism. Public power can only be legitimately exercised if it is based on and complies with the law. The Constitution and its fundamental values – human dignity, freedom and equality – are the ultimate sources of orientation for the rule of law. Domestic rule of law is complemented by its external dimension, the duty to respect international law and, for EU member states, supranational law. For the World Jurist Association, the realization of the Rule of Law has been the central concern since its founding more than 60 years ago. Its biennial world congresses, which bring together leading figures from politics, the judiciary and academia under the presidency of Javier Cremades, focus on the universal importance of the rule of law, which experts from numerous countries discuss on the basis of current problem areas. At the 2021 World Law Congress in Barranquilla, Colombia, one central topic was the tension between combating pandemics and the rule of law. The contributions gathered here examine how this challenge was met in political-legal practice, and the role of constitutional jurisdiction in the process. They analyze and evaluate the legal situation in numerous countries in Europe and Latin America. In addition, they reflect on fundamental issues, such as the concept of the rule of law, its relationship to democracy, its universal character and its implementation via jurisprudence.

This book is concerned with the vulnerability of suspects and defendants in criminal proceedings and the extent to which the vulnerable accused can effectively participate in the criminal process. Commencing with an exploration of how vulnerability is defined and identified, the collection examines and analyses how vulnerability manifests and is addressed at the police station and in court, addressing both child and adult accused persons. Leading and emerging scholars, along with practitioners with experience working in the field, explore and unpack the human rights and procedural implications of suspect and defendant vulnerability and examine how their needs are supported or disregarded. Drawing upon different disciplinary approaches and a range of analyses – doctrinal, theoretical and empirical – this book offers unique insights into the vulnerability and treatment of the criminal accused. In bringing together a diverse range of perspectives, the book offers key insights into the recognition of and responses to vulnerability among suspect and defendant populations in criminal justice systems across European jurisdictions. The book will be a valuable resource for academics, practitioners and policymakers interested in how vulnerable suspects and defendants are protected throughout the criminal process, and those working in the areas of law, criminology, sociology, human rights and psychology.

Gender-based violence is a convoluted concept with no single explanation or solution. Abiodun Raufu, Omolade Olomola, and Edidiong Mendie bring to light the different dimensions of gender-based violence in Africa, such as the challenges of patriarchy, the limits of the law, and the cultural acceptance of violence against women in the private sphere. In spite of the different forms and causes of violence, it is universally recognized as a destructive force that has extensive consequences for both individuals and society. In order to combat violence, it is important to understand its root causes and foundational issues to facilitate workable solutions through a range of strategies, including education, prevention, and intervention programs. This book will be of interest to students and scholars in criminology, sociology, legal studies, African studies, and more.

This edited collection situates the migration of children and young people into Europe within a global framework of analysis and provides a holistic perspective that encompasses cultural media, ethnographic research and policy analysis. Drawing on a unique study of young unaccompanied migrants who subsequently became ‘adult'within the UK and Italy, it examines their different trajectories and how they were impacted by their ability to secure legal status. Divided into three interlinked sections, it begins by examining the cultural repertoires about migration and adulthood to which migrants are sensitized in their countries of origin from a young age. This forms the contexts within which their direct experiences of turning 18 in a different country are explored. These combined insights are framed by an analysis of related policies which bureaucratically and institutionally shape these migratory experiences. This interdisciplinary volume will appeal to scholars and students in the fields of migration studies, international development, geography, sociology, anthropology, youth studies, law, education, health and wellbeing, social care and cultural studies.

This book focuses on current frontier-related issues such as humanitarian crises, economic crises, discrimination of migrants in certain countries, different typologies of borders such as land, maritime, air, space, and even cyberspace borders, and environmental protection of water resources at borders. It addresses legal and theoretical considerations and presents empirical cases showing the manifestations of the concept in the real world and its dynamics. Without claiming to exhaust the debate on frontiers, especially given the breadth of the subject and the large number of viewpoints from which the phenomenon can be examined, this book intends to be a helpful source of insights for academics, university students, and others who wish to explore the complex and multifaceted worlds that emerge, particularly in a globalized society, from the interaction between the various actors and scenarios that shape the reality of frontiers.

This volume seeks to bring to light the lived experiences of those who are at the lowest intersections of injustice—Indigenous peoples, ethnic minorities, refugees, disabled people, the youth, women, children and the poor. It is the fruit of a series of presentations that were delivered for the (In)justice International Workshops 2021 by a variety of commentators, ranging from eminent academics, students at all levels of study, practitioners within the fields of social work and ‘live experience'alongside victims, esteemed barristers and social justice activists. These were presented to an audience of 524 attendees representing 28 countries and they formed the basis upon which broader, more holistic discussions of the lived experiences and traumas of people from different Indigenous origins, ethnicities, disabilities and the ‘so-called'problematic youth (of all types) could take place. Gender, social exclusion, institutional discrimination, the intersectional nature of these crimes and effects, (social) media influence and public perception were also prominent aspects of the presentations and ensuing deliberations. Like this volume intends to do, the workshops uniquely combined the strengths and insights of social policy, sociology, politics and criminology whilst demonstrating a historical/cultural awareness of the issues at hand. Presentations from this workshop that appear in this book facilitate a combination of theoretical knowledge with a deep awareness of pertinent interpretations of the past or present to promote a greater understanding of why political policies and directions have been embarked upon. In so doing, they—when taken in a multidisciplinary context—help to explain and describe some of the most devastating social outcomes relating to many of the political undertakings portrayed in each chapter.

This book presents a cohesive collection of contributions representing an African scholarly voice on some of the most burning and emerging topics and experiences regarding the implementation of REDD+ in Africa from a human rights perspective. It addresses the international human rights obligations of states and non-state actors in the context of REDD+ implementation in Africa; how current practices in various African states reinforce or affect human rights standards; and critical issues concerning the rights of vulnerable groups such as women, Indigenous populations, and forest dwellers in the implementation of REDD+ in Africa. Further, it investigates potential gaps in the existing laws, and how they can be addressed from a comparative point of view. The book also sheds light on the roles that different actors can play in fostering change and identifies best practices in the implementation of REDD+ in Africa.The book offers a rich intellectual resource for various actors in the environmental science, climate and environmental law fields who are often confronted with the challenge of how to manage the delicate balance of forests as a development resource; forests as a climate-change mitigation resource; and forests as a catalyst for the rights of vulnerable populations. The book responds to the imbalance and gaps in REDD+ scholarship. Addressing such lacuna in an edited volume of this nature is essential to the present and future work of practitioners, academics and other actors with a sustained interest in REDD+ in Africa.

This book explores how prison life is normalized in different countries, with a critical and detailed look at ‘Scandinavian exceptionalism'— the idea that Scandinavian prisons have exceptionally humane conditions — and compares these prisons to ones in Belgium. It provides a more nuanced, systematic and contextualized comparison of normalization in two countries. Through analyzing policy and legislative documents, participant observation and interviews, it seeks to understand how normalization is implemented differently in prison legislation, policies and practices and compares the two societies for context. It also considers the material prison environment, security, the social environment and the use of time in prison. It provides insights into how normalization can be successfully and holistically implemented in both policy and practice, to contribute to a more ‘pure'form of liberty deprivation as punishment without too many unintended effects.

Investigating the unsolved murder of a female law student and the pervasive violence against Guatemalan women that drives migration. Part memoir and part forensic investigation, Textures of Terror is a gripping first-person story of women, violence, and migration out of Guatemala—and how the United States is implicated. Accompanying Jorge Velásquez in a years-long search for answers after the brutal murder of his daughter Claudina Isabel, Victoria Sanford explores what it means to seek justice in'postconflict'countries where violence never ended. Through this father's determined struggle and other stories of justice denied, Textures of Terror offers a deeper understanding of US policies in Latin America and their ripple effect on migration. Sanford offers an up-close appraisal of the inner workings of the Guatemalan criminal justice system and how it maintains inequality, patriarchy, and impunity. Presenting the stories of other women who have suffered at the hands of strangers, intimate partners, and the security forces, this work reveals the deeply gendered nature of power and violence in Guatemala.

This book explores and addresses body search practices in prison environments from different angles (criminology, sociology, human rights and law) and discusses such practices in different national contexts within Europe. Body searches are widely used in prison systems across the globe: they are perceived as indispensable to prevent forbidden substances, weapons or communication devices from entering the prison. However, these are also invasive and potentially degrading control techniques. It should not come as a surprise, then, that body searches are deeply contested security measures and that they have been widely debated and regulated. What makes theses control measures problematic in a prison context? How do these practices come to be regulated in an international and European context? How are rules translated into national law? To what extent are laws and rules respected, bent, circumvented and denied? And what does the future hold for body searches?

This book offers a compact but general introduction to international human rights law. It discusses the theoretical, historical and legal foundations of international human rights law, providing an encompassing analysis of the substantive content of the most important human rights and of the role of States and non-State actors in ensuring their respect. It also carries out a specific analysis of the UN system and the ECHR and other regional systems – all this while constantly situating the discussion on international human rights law within the broader framework of public international law. While particularly suitable for undergraduate students in law, this book is also aimed at students of political science and other social sciences, as well as academics and practitioners.Pietro Pustorino is Full Professor of International Law at the Department of Law of Luiss University (Rome, Italy) and Director of the Luiss Center for International and Strategic Studies.

The Evolving Protection of Prisoners'Rights in Europe explores the development of the framing of penal and prison policies by the European Court of Human Rights (ECHR), clarifying the European expectations of national authorities, and describing the various models existing in Europe, with a view to analysing their mechanisms and highlighting those that seem the most suitable.A new frame of penal and prison policies in Europe has been progressively established by the ECHR and the Council of Europe (CoE) to protect the rights of detainees in Europe. European countries have reacted very diversely to these policies. This book has several key benefits for readers: • A global and detailed overview of the ECHR jurisprudence on penal and prison policies through an analysis of its development over time. • An analysis of the interactions between the Strasbourg Court and the CoE bodies (Committee of Ministers, Committee for the Prevention of Torture …) and their reinforced framing of domestic penal and prison policies. • A detailed examination of the impacts of the European case law on penal and prison policies within ten nation states in Europe (including Romania which is currently very underresearched). • A robust engagement with the diverse national reactions to this European case law as a policy strategy. This book will be of great interest to scholars and students of Law, Criminal Justice, Criminology and Sociology. It will also appeal to civil servants (judges, lawyers, etc.), professionals and policymakers working for the CoE, the European Union, and the United Nations; Ministries of Justice; prison departments; and human rights institutions, as well as activists working for INGOs and NGOs.

This book examines the socio-economic rights challenges of refugees and asylum seekers in Africa. It seeks to fill a major gap in the literature by providing a nuanced discussion of the barriers to the realisation of the socio-economic rights of refugees and asylum seekers in Africa. It equally aims to provide some concrete recommendations to African governments towards the realisation of the socio-economic rights of refugees and asylum seekers. With the aid of lessons from selected African countries, this book highlights the gaps, challenges and good practices regarding the realisation of the socio-economic rights of refugees and asylum seekers in the region. The book will be useful to researchers, students, academicians, policymakers, and international organisations or institutions interested in advancing the rights of refugees and asylum seekers.

In dieser Festschrift für Prof. Dr. Dr. Rainer Hofmann anlässlich seines 70. Geburtstags würdigen langjährige Kolleginnen und Kollegen sowie Schülerinnen und Schüler das vielfältige und umfassende Wirken des Jubilars in unterschiedlichen Rechtsgebieten, welches sich insgesamt durch einen besonderen Fokus auf den Schutz des Individuums durch das Recht auszeichnet.Die Beitragenden aus Wissenschaft und Praxis befassen sich mit ausgewählten Themen aus den zentralen Arbeitsfeldern von Rainer Hofmann, in denen er die Rechtsentwicklung durch seine beachtliche Forschung und einflussreiche Tätigkeit in nationalen und internationalen Gremien entscheidend geprägt hat.Vor diesem Hintergrund werden in dieser Festschrift unter anderem folgende Rechtsbereiche behandelt: Allgemeines Völkerrecht, Menschenrechte und Minderheitenschutz, humanitäres Völkerrecht, Wirtschaftsvölkerrecht, einschließlich Investitionsschutz, Europarecht und Verfassungsrecht.

This book offers a unique intersectional perspective on gender equality, SDG5. It presents an intersection of gender with caste, class, region, ethnic and sexual identities, and other structural drivers of inequalities in various development sectors. It presents case studies and empirical findings from development practice and policymaking and highlights the challenges to implementing SDG5 in practice. It discusses policies to promote gender equality and prevent violence against women and girls, and women in decision-making and leadership positions. The chapters reinstate that gender equality is possible only if unequal gender norms are transformed to recognize women and girls as independent economic entities and not merely homemakers providing unpaid care. It also analyzes to deconstruct the idea of monolithic masculinity to recognize gender diversity and men's role in providing care. The book shows how much has been achieved, yet how far is also left to go. It is an essential reference point for researchers, policymakers, students, and scholars across gender studies, women's studies, and sociology.

The revised tenth edition of this core textbook provides an understanding of major world criminal justice systems by discussing and comparing the systems of six of the world's countries - each representative of a different type of legal system. England, France, Japan, South Africa, Russia, and China are all covered in detail, and an additional chapter on Islamic law uses three example nations to illustrate the range of practice within Sharia. Political, historical, organizational, procedural, and critical issues confronting the justice systems are explained and analyzed. Neatly organized with a parallel structure throughout the text, each chapter contains material on government, police, judiciary, law, corrections, juvenile justice, and other critical issues.A new feature of this text focuses on the nature of the political world order and the significant clash between some democratic and authoritarian governments. Of particular concern are those authoritarian governments that have seen the rise of what has been popularly referred to as the strongman leader. The countries covered in this text have seen the emergence of four such strongmen. While the rise of each occurred in different contexts, they were each facilitated in significant ways by the manner in which they asserted their control over the country's criminal justice system.This book is suitable for undergraduate and graduate students in criminal justice, prelaw, and similar programs. Supplementary materials for instructors include test bank and lecture slides.

This book offers an authentic and original perspective on the principles of solidarity and rule of law that are variously interconnected and increasingly invoked in international relations and affairs, especially in the context of the European Union, where they are among the founding values common to all Member States.The innovative approach the authors adopt consists in the joint reading of these two principles within the broader framework of EU security, thus offering a new interpretation and fertile ground for further research.Divided into four parts, the authors consider EU security to be linked to the implementation of both these principles, particularly with regard to EU stabilization and enlargement to the Western Balkans, cross-border security, migration and asylum management, criminal justice and human rights, and police and judicial cooperationThe contributions of eminent scholars, international experts,and practitioners are the book's greatest strength. In addition, it offers a valuable new perspective on the study of contemporary issues affecting the Western Balkans, but also all Member States and the Union itself. Therefore, the book is an essential resource for students and scholars of EU law, but also for lawyers and professionals involved in criminal proceedings or working in the field of human rights.

This book explores the challenge that the commons present to the private-public dichotomy in a wide variety of national legal systems representing the West European legal tradition as well as post-socialist and post-colonial experiences. It presents national reports from 13 jurisdictions, ranging from Belgium and the South Africa to the US. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative law.

The book starts with an analysis of what is new in the Digital Services Act. The aim is to see whether this new Regulation is appropriate both for not halting technological innovation and for addressing the risks that technological innovation poses to society and to the people who use digital services. The focal point is the risk of discrimination as people are often helpless in the face of the potential discriminations in the digital services sector. In particular, the book analyses how the Digital Services Act can make a concrete contribution to the protection against discrimination. To this end, it focuses on the responsibility of digital service providers and the fact that discrimination may also depend on the way in which algorithms and artificial intelligence systems are used. Therefore, a comparison is made between the Digital Services Act and the proposed Artificial Intelligence Act. The comparison discloses that the risk-based approach is the common thread followed by the EU in regulating the digital market. The book elaborates also on the practical implications of the risk-based approach. Highlighting advantages and limitations leading the author to conclude that the risk-based approach is the way forward only if the differences between risk and danger, the limits of law, and the limits of the tendency to humanise artificial intelligence systems are considered. With specific reference to the risk of discrimination, the need for a systemic and multi-level approach is highlighted, which reinforces the contribution that can be made not only by the Digital Services Act, but also by more general and cross-cutting legislation as those on data protection and unfair commercial practices.

What does it mean that human rights derive from human dignity? And what is the foundation of human dignity? How are human dignity and its foundation connected? Is the recent development of natural sciences dealing with human nature, like evolutionary psychology, relevant to these questions? The book addresses these points by connecting the discussion on the foundations of human rights with the recent claims regarding human nature made in evolutionary psychology, and with contemporary analytic metaphysics, especially the relation of metaphysical grounding. It offers in-depth insights into the so-called naturalistic approach to human rights, together with detailed proposals on how the approach could be truly naturalized in the philosophical sense. It shows how human rights and human dignity may have foundations in natural facts about human nature and offers a detailed analysis of how the “is” / “ought” gap problematic can be solved.The book also addressesthe objection of Western ethnocentrism – unlike most of the contemporary philosophical accounts of human rights, which draw on highly individualistic Western concepts, it employs concepts like altruism and cooperation.

This open access book shows how the adoption of global justice, such as eradication of female genital mutilation/cutting (FGM/C), has given rise to controversy, resistance, and transformation at the national, regional, and grass-roots levels in African and Asian countries where FGM/C has been practiced. It provides readers with up-to-date information about the effects of the campaign to eradicate FGM/C and the present situation of those countries, to which preceding books on FGM/C have scarcely referred. Adopting “zero tolerance” as a policy of eradication, WHO and other UN agencies have opposed any type of FGM/C, and many African countries have criminalized the practice. Although the campaign is based on the human rights discourse which is shared globally, the controversies concerning eradication of FGM/C on the national level and the responses of communities on the local level in those countries are diverse and complicated. Various actors such as NGOs, government officials, religious leaders, medical workers, and local inhabitants are embroiled and negotiate with each other concerning its eradication.With this book, readers are provided with an in-depth analysis of the complicated controversies and responses of local communities, referring to their particular historical and social backgrounds. The book provides two chapters on FGM/C in Asian countries, where not many studies have done yet. It also presents readers with a study of the arguments and responses to FGM/C of African immigrants by Australian health-care professionals as well as a study of male circumcision eradication campaigns, which have been carried on in tandem with FGM/C eradication campaigns but still not have been successful. With its many elaborate case studies, this book is highly recommended to readers who seek an in-depth and up-to-date integrated overview of the FGM/C studies as well as studies on the applicability of global justice to local communities.This book won the 13th (2023) Japan Consortium for Area Studies (JCAS) Award for Social Collaboration

This book discusses legal services clinics and various other access-to-justice initiatives that are established to protect and represent the rights and interests of children and youth in several countries across the globe. These could include legal services or access-to-justice clinics run by government or universities or community. The book has contributions from academicians, lawyers, researchers and legal professionals from several counties including India, UK, USA, Brazil, Australia, Indonesia, Poland, and Spain, which discuss how they represent children and youth in their countries. The book looks at how these access-to-justice initiatives currently provide assistance, what are the child friendly justice procedures they use, and best practices that can be replicable in other jurisdictions. The chapters contain findings of field research studies, some case studies, and models related to these topics. There are recommendations on ways to strengthen access-to-justice and legal services for empowering children and youth. The main goal is to create a resource for readers who want to expand child advocacy opportunities in their own universities and communities. The reader may also learn how to conduct legislative advocacy and case law advocacy to improve laws in other jurisdictions; and take-away best and replicable initiatives. The practices could be adaptable by other clinics and countries. The book will be useful to child rights advocates and defenders, students of law, legal researchers, civil society organizations, legal services authorities, legal aid institutions, educational institutions, school authorities, juvenile justice authorities, clinical legal educators, justice educators, justice practitioners and law and policy makers.

This book proposes an explicit recognition of criminology as a moral science: a philosophically textured appreciation of the presence and role of values in people's reasoning and motivation, set within an empirically rigorous social-scientific account. This endeavour requires input from both criminologists and philosophers, and careful dialogue between them. Criminology as a Moral Science provides such a dialogue, not least about the so-called'fact-value distinction', but also about substantive topics such as guilt and shame. The book also provides philosophically-informed accounts of morality in practice in several criminological contexts: these include whistleblowing practices within a police service; the dilemmas of mothers about who and what to tell about a partner's imprisonment; and how persistent offenders begin to try to'turn their lives around'to desist from crime. The issues raised go to the heart of some currently pressing topics within criminology, notably the development of'evidence-based practice', which requires some kind of stable bridge to be built between research evidence ('facts') and proposals for policy ('evaluative recommendations').

The Greek island of Lesvos is frequently the subject of news reports on the refugee ‘crisis', but they only occasionally focus on the dire living conditions of asylum seekers already present on the island. Through direct experience as an activist in Lesvos refugee camps and detention centres, Iliadou gives voice to those with lived experiences of state violence. The author considers the escalation of EU border regime and deterrence policies seen in the past decade alongside their present impacts. Asking why the social harm and suffering border crossers experience is normalized and rendered invisible, the book highlights the collective, global responsibility for safeguarding refugees'human rights.

This book contributes conceptually, theoretically and morally to a deeper understanding of the distinctive Asian perceptions of punishment, justice and human rights. Researched and prepared by scholars who have not only been conducting studies on the death penalty in the region but have also been advocating for legal reforms, this edited book touches upon the different justifications for the use of capital punishment in the ASEAN region, exposing the secrecy, sensitivities and dilemmas that mask violations of international human rights laws. The chapters bring in numerous new perspectives which have been overlooked in the traditional discourse surrounding the use of the death penalty, such as that around crimes that do not meet the threshold of “most serious”; the dignity of death row inmates and their families; contradictions within religion and capital punishment; and the way in which growing authoritarianism and the media are adversely influencing the public's perception and support for capital punishment in the region. In examining how public opinion shapes state policies towards the death penalty and how it varies according to different offences and different states, the authors critically analyse how the international human rights mechanisms have specifically called for ASEAN member states to refrain from extending the application of the death penalty and to limit it to the “most serious crimes.” Relevant to socio-legal scholars focused on crime and punishment in Southeast Asia, and in the Global South more broadly, this is a landmark collection in criminology and human rights scholarship. Chapter'ASEAN and the Death Penalty: Theoretical and Legal Views and a Pathway to Abolition'is available open access under a Creative Commons Attribution 4.0 International License via link.springer.com.

This book offers a critical analysis of hate crime law using Italy as a case study. Employing a multidisciplinary approach, it develops an international framework for mapping hate crime laws onto the phenomenon of hate crime itself, allowing for better legislation to be drafted. It shows how this analytical tool may be used in practice by applying it to legislation in Italy, where Parliament recently dismissed a legislative proposal to extend hate crime law to sex, gender, sexual orientation, gender identity, and disability. The framework allows readers to critique the rationale behind hate crime laws and the effect of, or potential effect of, their implementation. This book ultimately seeks to answer to the question of how and whether States can legitimately introduce a harsher sentence for bias motivated crimes. It bridges interdisciplinary hate studies and more traditional legal analysis. It speaks to an international audience as well asto an audience with a specific interest in the Italian context.

This book analyses the current legal situation and protection of vulnerable groups in Lithuania, Latvia, Estonia and Poland. In recent decades, national legislation in many European states has especially focused on vulnerable groups with the aim of securing their enhanced protection and social inclusion. This trend is also noticeable in North-Eastern Europe, where the legal frameworks are constantly being revised to address the needs of vulnerable parts of society, including women, children, the elderly, people with disabilities, and minorities, as well as prisoners and victims of crime. But despite these positive changes, many challenges persist. In this book, the authors provide a comprehensive, comparative analysis of legal regulations and practices intended to protect vulnerable groups in Lithuania, Latvia, Estonia and Poland, and in the process, share insights into the current situation and trends in this often-overlooked region. Part I introduces readers to the topic by defining the concept of vulnerable groups and elaborating on its understanding in the European and national contexts. Part II analyses the legal protection of groups characterised by inherent and/or circumstantial vulnerability, while Part III addresses specific crime-related vulnerability issues in the target region. In closing, Part IV puts the spotlight on three specific vulnerable groups in the discussed countries.

“Given their ethnic diversity, to what extent, and at what cost and benefit to human dignity, can European countries adopt and adapt plural democracy?” The contributors to this volume offer answers to this question from a variety of multidisciplinary perspectives within the framework of the integral theory of law and the state. Their shared aim is to explain legal phenomena in the context of other relevant issues and to identify, analyse and critique conceptualizations, problems and situations. This volume is rooted in the historical and contemporary European experience with special cases from Bosnia and Hercegovina, Croatia, Latvia, Slovenia, Spain and Canada which are relevant for understanding the European problem. Solutions to the problem are sought through innovative interpretations of the rule of law, democracy and human dignity, which are followed by argumentation about how these concepts, when recognized as European legal principles, can be implemented in order to avoid ethnic conflicts.Following an introduction that defines the problem at the centre of the book and explains how legal theory can be used to address it, the book consists of eleven contributions divided into three thematic sections. The first covers topics concerning the European principles which can help avoid ethnic conflicts: the principle of compulsory adjudication in interstate relations, the principle of democracy, and principles regarding the recognition of individual and collective identities. These European principles are then investigated by drawing on legal and political theories. The second section presents three ways of conceptualizing ethnical needs in multi-ethnic states: asymmetric federalism, dêmoicratic account and cooperative federalism. The third and final section elaborates on issues concerning the protection of minority rights: the role of judicial ideology in protecting minority rights, citizenship, the EU mechanism for the protection of minority rights, and theimportance of remembering tragic events affecting minorities.

The book discusses discrimination based on sexual orientation in the jurisprudence of the European Court of Human Rights (ECtHR) and the Constitutional Court of Korea. The work provides insights into how prohibition on discrimination based on sexual orientation can be realized in South Korea with the reference of the case law of other jurisdictions including mainly from the ECtHR. The book reviews related principles and methodological tools applied in the jurisprudence of the ECtHR. Considering that the rights of sexual minorities are evolving in many jurisdictions including Europe, and this problem is currently of great importance in the constitutional and political discussion, the topic is important to the readers in Europe as well as in Korea.

The second edition of this successful handbook, edited by well-known experts in this field, includes core questions in the field of child abuse and neglect. It addresses major challenges in child maltreatment work, starting with “What is child abuse and neglect?” and then examines why maltreatment occurs and what are its consequences. The handbook also addresses prevention, intervention, investigation, treatment as well as civil and criminal legal perspectives. It comprehensively studies the issue from the perspective of a broader, international and cross-cultural human experience. Apart from a thorough revision of existing chapters, this edition includes many new chapters covering recent developments in this area and other issues not covered in the first edition. There is more focus on substance abuse, psychological abuse, and on social and community involvement and public health provisions in the prevention of child maltreatment. The handbook examines what is known now and more importantly what remains to be researched in the coming decades to help abused and neglected children, their families and their communities, thereby taking the field forward.

There is an emerging consensus that what is projected as democratic governance and justice in Africa requires a re-calibration, in particular, in relation to the constitutive demos, human rights, the realisation of commitments at various governance levels and the convergence between these ideations. The post-colonial narrative on democracy has unveiled some crevices in rule of law, political equality, political participation, political culture and freedom of the press. Aside from the fact that these notions are threatened by some existing institutional structures, these notions are increasingly being negotiated across political spaces. Evident in the prevalent narrative is an imperative for Africa to assert its place on the global scene of democratic governance and justice. However, if this will be accomplished, it is important to understand some of the issues that need to be worked through in this transition.

This edited collection showcases innovative, up and coming researchers'work in the field of sex work studies across labour/work and relationships. This research is pushing the boundaries of the subject, asking new questions, carving new methodological terrain, and contributing new ideas and empirical findings to the existing literature. Drawing on sociology, criminology, media studies, social and health policy, law and socio-legal studies, the chapters reflect a range of new topics in the sex work studies literature such as religious readings, porn workers and their interactions with fans; romantic relationships, and humour at work. Studies are drawn from Europe, South America, Turkey, Ireland, New Zealand and the USA. This book speaks to academics across the social sciences and humanities who are interested in sex work studies.