Beyond Article 19: Libraries and Social and Cultural Rights addresses the subject of libraries and cultural rights, a topic that has received relatively little attention in the past, but which librarians and others concerned with human rights are beginning to recognize and talk about. Librarians have long been concerned with individual rights and have worked tirelessly - indeed making it a basic tenet of the profession - to protect and preserve those rights. Little has been written about the role that libraries can play in protecting and promoting group rights, specifically cultural rights. This book examines this shortfall by exploring the relationship between libraries, cultural rights, and community life and identity.
The COVID-19 virus outbreak has rocked the world and it is widely accepted that there can be no return to the pre-pandemic society of 2019. However, many suggestions for the future of society and the planet are aimed at national governments, international bodies and society in general. Drawing on a decade of research by an internationally renowned expert, this book focuses on how cities and communities can lead the way in developing recovery strategies that promote social, economic and environmental justice. It offers new thinking tools for civic leaders and activists as well as practical suggestions on how we can co-create a more inclusive post COVID-19 future for us all.
Americans often believe that the First Amendment and free speech are synonymous and that all restrictions on speech can be addressed by the legal framework of the First Amendment. Political theorist Samuel P. Nelson argues that the current legal framework for free speech actually undermines attempts to resolve many of these issues and that the law of the First Amendment has supplanted the vital politics of free speech. To cut through the confusion, Nelson takes a step back from the First Amendment framework to understand the social nature of speech, moving toward a more pluralistsic and value-based understanding. He examines three philosophies commonly used to justify speech protection—libertarianism, expressivism, and egalitarianism—and finds none of them sufficiently responsive in today's contemporary political landscape. Advocating an approach grounded in value pluralism—which describes a wider variety of free speech claims than the First Amendment allows—Nelson pushes the debate beyond constitutional and legal questions.
A look at First Amendment coverage of music, non-representational art, and nonsense The Supreme Court has unanimously held that Jackson Pollock’s paintings, Arnold Schöenberg’s music, and Lewis Carroll’s poem “Jabberwocky” are “unquestionably shielded” by the First Amendment. Nonrepresentational art, instrumental music, and nonsense: all receive constitutional coverage under an amendment protecting “the freedom of speech,” even though none involves what we typically think of as speech—the use of words to convey meaning. As a legal matter, the Court’s conclusion is clearly correct, but its premises are murky, and they raise difficult questions about the possibilities and limitations of law and expression. Nonrepresentational art, instrumental music, and nonsense do not employ language in any traditional sense, and sometimes do not even involve the transmission of articulable ideas. How, then, can they be treated as “speech” for constitutional purposes? What does the difficulty of that question suggest for First Amendment law and theory? And can law resolve such inquiries without relying on aesthetics, ethics, and philosophy? Comprehensive and compelling, this book represents a sustained effort to account, constitutionally, for these modes of “speech.” While it is firmly centered in debates about First Amendment issues, it addresses them in a novel way, using subject matter that is uniquely well suited to the task, and whose constitutional salience has been under-explored. Drawing on existing legal doctrine, aesthetics, and analytical philosophy, three celebrated law scholars show us how and why speech beyond words should be fundamental to our understanding of the First Amendment.
This open access book presents a discussion on human rights-based attributes for each article pertinent to the substantive rights of children, as defined in the United Nations Convention on the Rights of the Child (UNCRC). It provides the reader with a unique and clear overview of the scope and core content of the articles, together with an analysis of the latest jurisprudence of the UN Committee on the Rights of the Child. For each article of the UNCRC, the authors explore the nature and scope of corresponding State obligations, and identify the main features that need to be taken into consideration when assessing a State’s progressive implementation of the UNCRC. This analysis considers which aspects of a given right are most important to track, in order to monitor States' implementation of any given right, and whether there is any resultant change in the lives of children. This approach transforms the narrative of legal international standards concerning a given right into a set of characteristics that ensure no aspect of said right is overlooked. The book develops a clear and comprehensive understanding of the UNCRC that can be used as an introduction to the rights and principles it contains, and to identify directions for future policy and strategy development in compliance with the UNCRC. As such, it offers an invaluable reference guide for researchers and students in the field of childhood and children’s rights studies, as well as a wide range of professionals and organisations concerned with the subject.
A new and an essential reference work for any international human rights law academic, student or practitioner, A Commentary on the International Covenant on Civil and Political Rights spans all substantive rights of the International Covenant on Civil and Political Rights (ICCPR), approached from the perspective of the ICCPR as an integrated, coherent scheme of rights protection. In detailed coverage of the Human Rights Committee's output when monitoring ICCPR compliance, Paul M. Taylor offers extraordinary access to forty years of its Concluding Observations, Views and General Comments organised thematically. This Commentary is a solid and practical introduction to any and all of the civil and political rights in the ICCPR, and a rare resource explaining the requirements for domestic implementation of ICCPR standards. An indispensable research tool for any serious enquirer into the subject, the Commentary speaks to the accomplishments of the ICCPR in striving for universal human rights standards.
Health care spending in the United States today is approaching 20 percent of GDP, yet levels of U.S. population health have been declining for decades relative to other wealthy and even some developing nations. How is it possible that the United States, which spends more than any other nation on health care and insurance, now has a population markedly less healthy than those of many other nations? Sociologist and public health expert James S. House analyzes this paradoxical crisis, offering surprising new explanations for how and why the United States has fallen into this trap. In Beyond Obamacare, House shows that health care reforms, including the Affordable Care Act, cannot resolve this crisis because they do not focus on the underlying causes for the nation’s poor health outcomes, which are largely social, economic, environmental, psychological, and behavioral. House demonstrates that the problems of our broken health care and insurance system are interconnected with our large and growing social disparities in education, income, and other conditions of life and work, and calls for a complete reorientation of how we think about health. He concludes that we need to move away from our misguided and almost exclusive focus on biomedical determinants of health, and to place more emphasis on addressing social, economic, and other inequalities. House’s review of the evidence suggests that the landmark Affordable Care Act of 2010, and even universal access to health care, are likely to yield only marginal improvements in population health or in reducing health care expenditures. In order to rein in spending and improve population health, we need to refocus health policy from the supply side—which makes more and presumably better health care available to more citizens—to the demand side—which would improve population health though means other than health care and insurance, thereby reducing need and spending for health care. House shows how policies that provide expanded educational opportunities, more and better jobs and income, reduced racial-ethnic discrimination and segregation, and improved neighborhood quality enhance population health and quality of life as well as help curb health spending. He recommends redirecting funds from inefficient supply-side health care measures toward broader social initiatives focused on education, income support, civil rights, housing and neighborhoods, and other reforms, which can be paid for from savings in expenditures for health care and insurance. A provocative reconceptualization of health in America, Beyond Obamacare looks past partisan debates to show how cost-efficient and effective health policies begin with more comprehensive social policy reforms.
