Human Rights and the Universal Periodic Review
Human Rights and the Universal Periodic Review

Author: Hilary Charlesworth

Publisher: Cambridge University Press

Published: 2015-01-22

Total Pages: 315

ISBN-13: 131619552X

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The Universal Periodic Review is an intriguing and ambitious development in human rights monitoring which breaks new ground by engaging all 193 members of the United Nations. This book provides the first sustained analysis of the Review and explains how the Review functions within the architecture of the United Nations. It draws on socio-legal scholarship and the insights of human rights practitioners with direct experience of the Review in order to consider its regulatory power and its capacity to influence the behaviour of states. It also highlights the significance of the embodied features of the Review, with its cyclical and intricately managed interactive dialogues. Additionally, it discusses the rituals associated with the Review, examines the tendency of the Review towards hollow ritualism (which undermines its aspiration to address human rights violations comprehensively) and suggests how this ritualism might be overcome.

The United Nations Declaration on the Rights of Indigenous Peoples
The United Nations Declaration on the Rights of Indigenous Peoples

Author: Damien Short

Publisher: Routledge

Published: 2020-12-17

Total Pages: 344

ISBN-13: 1000258904

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The development and adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) was a huge success for the global indigenous movement. This book offers an insightful and nuanced contemporary evaluation of the progress and challenges that indigenous peoples have faced in securing the implementation of this new instrument, as well as its normative impact, at both the national and international levels. The chapters in this collection offer a multi-disciplinary analysis of the UNDRIP as it enters the second decade since its adoption by the UN General Assembly in 2007. Following centuries of resistance by Indigenous peoples to state, and state sponsored, dispossession, violence, cultural appropriation, murder, neglect and derision, the UNDRIP is an achievement with deep implications in international law, policy and politics. In many ways, it also represents just the beginning – the opening of new ways forward that include advocacy, activism, and the careful and hard-fought crafting of new relationships between Indigenous peoples and states and their dominant populations and interests. This book was originally published as a special issue of The International Journal of Human Rights.

Counterterrorism Law and Practice in the East African Community
Counterterrorism Law and Practice in the East African Community

Author: Christopher E. Bailey

Publisher: BRILL

Published: 2019-02-11

Total Pages: 343

ISBN-13: 900438989X

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This book examines the existing counter-terrorism laws and practices in the six-member East African Community (EAC) as it applies to a range of law enforcement and military activities under various international legal obligations. Dr. Christopher E. Bailey provides a comparative examination of existing national law for EAC countries, including compliance with obligations under international human rights and international humanitarian law, and offers a range of legal reform recommendations. This book addresses two primary, related research questions: To what extent do the current national counter-terrorism laws and practices of the EAC Partner States comply with existing international human rights safeguards? What laws or practices can the EAC adopt to achieve better compliance with human rights safeguards in both civilian and military counter-terrorism operations?

Translating Human Rights in Education
Translating Human Rights in Education

Author: Julia Biermann

Publisher: University of Michigan Press

Published: 2022-05-24

Total Pages: 330

ISBN-13: 0472902709

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The 2006 United Nations Convention on the Rights of Persons with Disabilities (UN CRPD) is the first human rights treaty to explicitly acknowledge the right to education for persons with disabilities. In order to realize this right, the convention’s Article 24 mandates state parties to ensure inclusive education systems that overcome outright exclusion as well as segregation in special education settings. Despite this major global policy change to tackle the discriminations persons with disabilities face in education, this has yet to take effect in most school systems worldwide. Focusing on the factors undermining the realization of disability rights in education, Julia Biermann probes current meanings of inclusive education in two contrasting yet equally challenged state parties to the UN CRPD: Nigeria, whose school system overtly excludes disabled children, and Germany, where this group primarily learns in special schools. In both countries, policy actors aim to realize the right to inclusive education by segregating students with disabilities into special education settings. In Nigeria, this demand arises from the glaring lack of such a system. In Germany, conversely, from its extraordinary long-term institutionalization. This act of diverting from the principles embodied in Article 24 is based on the steadfast and shared belief that school systems, which place students into special education, have an innate advantage in realizing the right to education for persons with disabilities. Accordingly, inclusion emerges to be an evolutionary and linear process of educational expansion that depends on institutionalized special education, not a right of persons with disabilities to be realized in local schools on an equal basis with others. This book proposes a refined human rights model of disability in education that shifts the analytical focus toward the global politics of formal mass schooling as a space where discrimination is sustained.

International Law and Muslim States
International Law and Muslim States

Author: Dawood Adesola Hamzah

Publisher: Routledge

Published: 2021-08-12

Total Pages: 313

ISBN-13: 100042474X

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This book analyses the general interaction between international law and Islamic law in the Muslim world today. It interrogates factors that often form the root of the tension between the two legal regimes. Literalist interpretations of Islamic law and the modern international law's disposition that does not give due consideration to differences among cultures and civilizations are some of these factors. This work examines the Saudi Arabia textualist approach to the two primary sources of law in Islam, the Qur’an and Sunnah, and argues that a liberal approach of interpretation has become sine qua non especially now that myriad issues are confronting the Muslim world generally and Saudi Arabia in particular. Similarly, globalization has generated an unprecedented multi-culturalism, legal-pluralism, and trans-border interactions in socio-economic and political relations. Therefore, Saudi Arabia, as the bastion of Islam and Islamic nations, is faced with the imperative of adopting a liberal approach to interpretation of Islamic law, with a view to accommodating a wide spectrum of other laws and cultures. The book provides a timely examination of the issue of modern Saudi Arabia, Islamic legal order vis-à-vis the contemporary concept of international law and international relations in specific areas such as international human rights law and trans-national economic matters. As such it will be of interest to academics and researchers working in Islamic law, international and comparative law, human rights law, and law and religion.

Evidential Legal Reasoning
Evidential Legal Reasoning

Author: Jordi Ferrer Beltrán

Publisher: Cambridge University Press

Published: 2022-05-19

Total Pages: 459

ISBN-13: 1316516997

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A global overview of evidentiary reasoning with contributions from leading authorities from different legal traditions and four continents.

Human Rights and the UN Universal Periodic Review Mechanism
Human Rights and the UN Universal Periodic Review Mechanism

Author: Damian Etone

Publisher: Taylor & Francis

Published: 2024-02-27

Total Pages: 276

ISBN-13: 1003855873

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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.

Reimagining Theologies of Marriage in Contexts of Domestic Violence
Reimagining Theologies of Marriage in Contexts of Domestic Violence

Author: Rachel Starr

Publisher: Routledge

Published: 2018-04-17

Total Pages: 273

ISBN-13: 1317068556

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Domestic violence is a significant threat to women’s survival. But Christian understandings of marriage often prevent women from resisting abusive relationships. Can the Church’s teaching on marriage be reshaped so that it helps women to survive, rather than encourage them to submit to their husband, bear their cross, or sacrifice themselves for the sake of their marriage? Focusing on everyday practices of marriage in two very different contexts: Argentina and England, Reimagining Theologies of Marriage in Contexts of Domestic Violence considers how Christian understandings of marriage as a covenant or sacrament relate to the lived experience of marriage. Drawing on Augustine’s notion of the goods of marriage, and on belief in the saving power of marriage, this book suggests that only when the wellbeing of bodies is central to a marriage can it have the power to save.

The United Nations High Commissioner for Human Rights
The United Nations High Commissioner for Human Rights

Author: Felice D. Gaer

Publisher: Martinus Nijhoff Publishers

Published: 2013-10-02

Total Pages: 420

ISBN-13: 9004254250

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In this first systematic examination of the role of the top United Nations human rights official, editors Felice Gaer and Christen Broecker analyze the achievements, leadership styles of, and obstacles encountered by the UN High Commissioner for Human Rights, and propose recommendations for the future. The editors are joined by 18 expert contributors including present and former UN policymakers, human rights practitioners, legal scholars, and current High Commissioner Navi Pillay. The United Nations High Commissioner for Human Rights: Conscience for the World examines how the six individuals who have served in this post have worked to end atrocities, hold perpetrators of abuses to account, promote equality and justice, and provide protection and redress to victims.

The Social Contract in Africa
The Social Contract in Africa

Author: Osha, Sanya

Publisher: Africa Institute of South Africa

Published: 2014-06-19

Total Pages: 196

ISBN-13: 0798304448

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This book employs the event of the Arab Spring revolution of 2011 to reflect on the event itself and beyond. Some of the chapters address the colonial encounter and its lingering reverberations on the African sociopolitical landscape. Others address the aftermath of large scale societal violence and trauma that pervade the African context. The contributions indicate the range of challenges confronting African societies in the postmodern era. They also illustrate the sheer resilience and inventiveness of those societies in the face of apparently overwhelming odds. What is the nature of political power in contemporary Africa as constituted from below instead of being a state driven phenomenon? What constitutes sovereignty without recourse to the usual academic responses and discourses? These two questions loom behind most of the deliberations contained in this book with contributions from an impressive field of international scholars.