University of Oxford Human Rights Hub Journal
Author: Fudge Judy
Publisher:
Published: 2019-01-30
Total Pages: 204
ISBN-13: 9781527225770
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Comparative Human Rights Law
Author: Sandra Fredman
Publisher:
Published: 2018
Total Pages: 513
ISBN-13: 0199689407
DOWNLOAD EBOOKAn essential overview of the comparative study of human rights law. This book will introduce students, academics, and legal practitioners to the aims and methods of approaching human rights from a comparative perspective.
Exponential Inequalities
Author: Associate Professor in International Human Rights Law Shreya Atrey
Publisher: Oxford University Press
Published: 2023-01-19
Total Pages: 401
ISBN-13: 0192872990
DOWNLOAD EBOOKThis thoughtfully edited volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for 'exponential inequalities' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have a rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010. Exponential Inequalities offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency. Written by a team of internationally recognized experts, Exponential Inequalities provides a comparative perspective on the functioning of equality laws across a range of contexts and jurisdictions and represents an essential read for scholars and policy makers alike.
Re-invigorating ubuntu through water: A human right to water under the Namibian Constitution
Author: Ndjodi Ndeunyema
Publisher: Pretoria University Law Press
Published: 2021-10-01
Total Pages: 291
ISBN-13:
DOWNLOAD EBOOKThis book argues for the existence of a court enforceable human right to water that is implied from the right to life in Article 6 of the Namibian Constitution. The book builds this argument by using tools of constitutional interpretation and with the aid of comparative materials. As such, the African value of ubuntu is invoked. Ubuntu – which is legally developed through its four key principles of community, interdependence, dignity and solidarity – is anchored in a novel approach to Namibian constitutional interpretation that is conceptualised as ‘re-invigorative constitutionalism’. The book advances the ‘AQuA’ (adequacy – quality – accessibility) content of water and articulates the correlative duties within the context of the respect – protect – fulfil trilogy, which are duties imposed upon the Namibian state as the primary duty bearer for a right to water. These duties include irreducible essential content duties that are argued to be immediate when compared to general obligations. In giving substance to duties that flow from a right to water, international law interpretative resources are also relied upon, including General Comment No 15 by the United Nations Committee on Social, Economic and Cultural Rights, the African Commission’s Principles and Guidelines on Social and Economic Rights, and the World Health Organisation’s Drinking-water Quality Guidelines. Moreover, the book addresses various justiciability concerns that may arise, arguing that Namibian courts are institutionally competent and legitimate in enforcing right to water claims through the application of the bounded deliberation model. Additionally, because the Principles of State Policy in Article 95 of the Namibian Constitution are rendered court unenforceable by Article 101, the argument is made that this does not undermine the claim that a right to water, anchored in the right to life, can be enforced through the courts. - Dr Ndjodi Ndeunyema Modern Law Review Early Career Research Fellow, University of Oxford.
Gendered Bodies and Worlds of Labour
Author: Kalpana Kannabiran
Publisher: Zubaan
Published: 2024-03-12
Total Pages: 143
ISBN-13: 9390514517
DOWNLOAD EBOOKThis book presents a brilliant reading of the unanimous decision of the nine-judge bench of the Supreme Court of India in the case of Justice KS Puttaswamy (Retd.) and Another vs. Union of India and Others (‘Puttaswamy’). The 2017 judgment protects the right to privacy as a fundamental right, and guarantees the right to life with dignity, the right to personal liberty and the right to move the court against unconstitutional actions by the state. The authors examine the implications of Puttaswamy to understanding labouring bodies (in their multiplicity) and their worlds of work. They explore the gendered dimensions of the right to privacy and its relation to labour rights, sexual safety, and bodily integrity, offering a dynamic interpretation of the right to privacy and related rights of dignity, liberty, and equality. Using the Constitution, Kannabiran and Jagani anchor labour rights in Puttaswamy to advance claims-making and emphasise collective struggles for justice and resistance to oppression as the most productive route to conceptualising an idea of justice in the realms of labour. Further, the monograph emphasises the need to popularise constitutional conversations beyond the courts and holds valuable lessons for women’s and labour rights movements. Drawing from a range of scholarly works and case law to offer a fresh understanding of labour that does not rely on gender binaries, the authors initiate conversations on human dignity, intersectional discrimination, and resistance to reinstating labouring bodies in workplaces. This work opens up new opportunities for feminist and labour studies scholars, trade unions, and courts to explore interdisciplinary intersections and frame claims for more just, fair, and equal working environments. Kalpana Kannabiran and Devi Jagani’s work inspires both hope and anxiety, as they challenge us to build intellectual and on-ground solidarities that cross disciplinary boundaries, to support those who are most marginalised.
Law Through the Life Course
Author: Herring, Jonathan
Publisher: Policy Press
Published: 2021-05-03
Total Pages: 292
ISBN-13: 1529204690
DOWNLOAD EBOOKCourt decisions are typically seen as one-off interventions relating to an incident in a person’s life, but a legal decision can impact on the person as they were and the person they will become. This book is the first to explore the interactions of the law with the life course in order to understand the complex life journey as a whole. Jonathan Herring reveals how the law privileges ‘middle age’ to the detriment of the whole life story and explains why an understanding of the life course is important for lawyers. Relevant to those working in family law, elder law, medical law and ethics, jurisprudence, gender and the law, it will promote new thinking by exploring the engagement of the law with the life course of the self.
Reasoning Rights
Author: Liora Lazarus
Publisher: Bloomsbury Publishing
Published: 2014-12-01
Total Pages: 434
ISBN-13: 1849468141
DOWNLOAD EBOOKThis book is about judicial reasoning in human rights cases. The aim is to explore the question: how is it that notionally universal norms are reasoned by courts in such significantly different ways? What is the shape of this reasoning; which techniques are common across the transnational jurisprudence; and which are particular? The book, comprising contributions by a team of world-leading human rights scholars, moves beyond simply addressing the institutional questions concerning courts and human rights, which often dominate discussions of this kind, seeking instead a deeper examination of the similarities and divergence of reasonings by different courts when addressing comparable human rights questions. These differences, while partly influenced by institutional concerns, cannot be attributed to them alone. This book explores the diverse and rich underlying spectrum of human rights reasoning, as a distinctive and particular form of legal reasoning, evident in the case studies across the selected jurisdictions.
Diversity, Equity, and Inclusion (DEI) Management
Author: David Wasieleski
Publisher: Emerald Group Publishing
Published: 2024-08-13
Total Pages: 276
ISBN-13: 1835492606
DOWNLOAD EBOOKThe Business and Society (BAS) 360 book series is an annual publication targeting cutting-edge developments in the broad business and society field, such as stakeholder management, corporate social responsibility and citizenship, business ethics, sustainability, corporate governance and others.
The UN Convention on the Elimination of All Forms of Discrimination Against Women and its Optional Protocol
Author: Patricia Schulz
Publisher: Oxford University Press
Published: 2022-12-01
Total Pages: 1116
ISBN-13: 0192677284
DOWNLOAD EBOOKThis volume is the fully revised and updated version of the first comprehensive commentary on the Convention on the Elimination of All Forms of Discrimination against Women and its Optional Protocol. It reflects the developments during the decade following the publication of the first edition in 2012, which has also seen a notable rise in individual complaints (more than 85), ten new General Recommendations, and six new inquiry procedures as well as numerous statements, partly in conjunction with other UN human rights bodies. The Convention is a key international human rights instrument and the only one exclusively addressed to women. It has been described as the United Nations' 'landmark treaty in the struggle for women's rights'. At a time when the backlash against women's human rights and the concept of gender-based discrimination is increasingly challenged by governments and powerful societal actors, the Commentary is an important instrument to hold all state powers to account on their international obligations under the Convention. The Commentary analyses the interpretation of the Convention through the work of its monitoring body, the Committee on the Elimination of Discrimination against Women. It comprises detailed analyses of the Preamble and each article of the Convention and of the Optional Protocol, including a separate chapter on the cross-cutting substantive issue of violence against women. The sources relied on are the treaty language and the general recommendations, concluding observations, and case law under the Optional Protocol (individual complaints and inquiries), through which the Committee has interpreted and applied the Convention. Each chapter is self-contained, but the Commentary is conceived of as an integral whole. The book also includes an introduction which provides an overview of the Convention and its embedding in the international law of human rights as well as the most recent challenges to women's human rights worldwide.
Equality Before the Law
Author: Michael P Foran
Publisher: Bloomsbury Publishing
Published: 2023-12-14
Total Pages: 227
ISBN-13: 1509964967
DOWNLOAD EBOOKThis book presents a defence of the value of equality within law which is neither purely formal nor an entirely speculative theory of justice. It does this by combining a theoretical with a doctrinal project. At the theoretical level, it argues that there is a distinct and meaningful conception of equality before the law which can be separated from concerns of distributive justice. It therefore rejects the claim that legal equality is merely formal. Rather, it is grounded in the equal moral status of all legal subjects. The demand that individuals be treated in accordance with the principle of equality before the law, then, requires that they not be treated in ways that would deny their equal moral standing. This principle of moral equality is the fundamental normative basis of the rule of law. This general claim is applied, in the second half of the book, to antidiscrimination law. It is argued here that the wrong of wrongful discrimination consists in implicit or explicit denial of the equal moral status of legal subjects. This is also a core wrong that the common law seeks to remedy via judicial review and is thus intimately tied to legality itself. In the final chapter, these two strands are brought together to defend the idea that law is a public asset which must be directed towards advancing the best interests of those it governs. This kind of equality principle, one which sets the outermost limits of the use of public power, must look beyond individual rights claims. It manifests a fundamental commitment to substantive equality manifest in a commitment to collective flourishing without tying it to group-based distributive concerns which arise from distinct social and historical contexts and require the exercise of political authority to choose among a range of plausible options for their resolution.
