Law's Cut on the Body of Human Rights
Law's Cut on the Body of Human Rights

Author: Juliet Rogers

Publisher: Routledge

Published: 2014-06-13

Total Pages: 180

ISBN-13: 1134097239

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Scenes of violence and incisions into the flesh inform the demand for law. The scene of little girls being held down in practices of female circumcision has been a defining and definitive image that demands the attention of human rights, and the intervention of law. But the investment in protecting women and little girls from such a cut is not all that it seems. Law's Cut on the Body of Human Rights: Female Circumcision, Torture and Sacred Flesh considers how such images come to inform law and the investment of advocates of law in an imagination of this scene. Drawing on psychoanalytic and postcolonial theory, and accompanying ideas in political theology, Juliet Rogers examines the language, imagery and excitement that accompanies recent initiatives to legislate against what is called 'female genital mutilation'. The author compliments this examination with a consideration of the scene of torture exposed in images from Abu Ghraib and Guantanamo Bay. Rogers argues that the modes of fascination and excitement that accompany scenes of torture and female circumcision betray the fantasy of a political condition against which the subject of liberal law is imagined; this is subjectivity in a state of non-mutilation, non-prohibition or, in a psychoanalytic idiom, non-castration. To support the fantasy of this subject, the mutilated subject, the authors suggests, is rendered as flesh cut from the democratic nation state, deserving of only selective human rights, or none at all.

Law's Cut on the Body of Human Rights
Law's Cut on the Body of Human Rights

Author: Juliet Rogers

Publisher: Routledge

Published: 2014-06-13

Total Pages: 198

ISBN-13: 1134097301

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Scenes of violence and incisions into the flesh inform the demand for law. The scene of little girls being held down in practices of female circumcision has been a defining and definitive image that demands the attention of human rights, and the intervention of law. But the investment in protecting women and little girls from such a cut is not all that it seems. Law's Cut on the Body of Human Rights: Female Circumcision, Torture and Sacred Flesh considers how such images come to inform law and the investment of advocates of law in an imagination of this scene. Drawing on psychoanalytic and postcolonial theory, and accompanying ideas in political theology, Juliet Rogers examines the language, imagery and excitement that accompanies recent initiatives to legislate against what is called 'female genital mutilation'. The author compliments this examination with a consideration of the scene of torture exposed in images from Abu Ghraib and Guantanamo Bay. Rogers argues that the modes of fascination and excitement that accompany scenes of torture and female circumcision betray the fantasy of a political condition against which the subject of liberal law is imagined; this is subjectivity in a state of non-mutilation, non-prohibition or, in a psychoanalytic idiom, non-castration. To support the fantasy of this subject, the mutilated subject, the authors suggests, is rendered as flesh cut from the democratic nation state, deserving of only selective human rights, or none at all.

The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes
The Public Order Exception in International Trade, Investment, Human Rights and Commercial Disputes

Author: Zena Prodromou

Publisher: Kluwer Law International B.V.

Published: 2020-08-12

Total Pages: 313

ISBN-13: 9403520019

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In the process of resolving disputes, it is not uncommon for parties to justify actions otherwise in breach of their obligations by invoking the need to protect some aspect of the elusive concept of public order. Until this thoroughly researched book, the criteria and factors against which international dispute bodies assess such claims have remained unclear. Now, by providing an in-depth comparative analysis of relevant jurisprudence under four distinct international dispute resolution systems – trade, investment, human rights and international commercial arbitration – the author of this invaluable book identifies common core benchmarks for the application of the public order exception. To achieve the broadest possible scope for her analysis, the author examines the public order exception’s function, role and application within the following international dispute resolution systems: relevant World Trade Organization (WTO) agreements as enforced by the organization’s Dispute Settlement Body and Appellate Body; international investment agreements as enforced by competent Arbitral Tribunals and Annulment Committees under the International Center for Settlement of Investment Disputes; provisions under the Inter-American Convention of Human Rights and the European Convention of Human Rights as enforced by the Inter-American Court of Human Rights and the European Court of Human Rights, respectively; and the New York Convention as enforced by national tribunals across the world. Controversies, tensions and pitfalls inherent in invoking the public order exception are elucidated, along with clear guidelines on how arguments may be crafted in order to enhance prospects of success. Throughout, tables and graphs systematize key aspects of the relevant jurisprudence under each of the dispute resolution systems analysed. As an immediate practical resource for lawyers on any side of a dispute who wish to invoke or strengthen a public order exception claim, the book’s systematic analysis will be welcomed by lawyers active in WTO disputes, international investment arbitration, human rights law or enforcement of foreign arbitral awards. Academics and policymakers will find a signal contribution to the ongoing debate on the existence, legal basis, content and functions of the transnational public order.

The Procedures Before the UN Human Rights Treaty Bodies
The Procedures Before the UN Human Rights Treaty Bodies

Author: Wouter Vandenhole

Publisher: Intersentia nv

Published: 2004

Total Pages: 352

ISBN-13: 9050953980

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"The first ideas ... originated from a conference held in Utrecht on ... the 35th anniversary of the two 1966 Covenants, the Covenant on Civil and Political Rights and the Covenant on Economic, Social and Cultural Rights."--Foreword.

The Cambridge Handbook of New Human Rights
The Cambridge Handbook of New Human Rights

Author: Andreas von Arnauld

Publisher: Cambridge University Press

Published: 2020-01-02

Total Pages: 939

ISBN-13: 1108751172

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The book provides in-depth insight to scholars, practitioners, and activists dealing with human rights, their expansion, and the emergence of 'new' human rights. Whereas legal theory tends to neglect the development of concrete individual rights, monographs on 'new' rights often deal with structural matters only in passing and the issue of 'new' human rights has received only cursory attention in literature. By bringing together a large number of emergent human rights, analysed by renowned human rights experts from around the world, and combining the analyses with theoretical approaches, this book fills this lacuna. The comprehensive and dialectic approach, which enables insights from individual rights to overarching theory and vice versa, will ensure knowledge growth for generalists and specialists alike. The volume goes beyond a purely legal analysis by observing the contestation, rhetorics, the struggle for recognition of 'new' human rights, thus speaking to human rights professionals beyond the legal sphere.

UN Human Rights Treaty Bodies
UN Human Rights Treaty Bodies

Author: Leena Grover

Publisher: Cambridge University Press

Published: 2012-04-16

Total Pages: 491

ISBN-13: 1107006546

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An analysis of the UN human rights treaty bodies, their methods of interpretation, their effectiveness and issues of legitimacy.

The UN Human Rights Treaty System
The UN Human Rights Treaty System

Author: Suzanne Egan

Publisher: Bloomsbury Professional

Published: 2011-07-31

Total Pages: 550

ISBN-13: 9781847661098

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The UN Human Rights Treaty System: Law and Procedure examines the core UN human rights treaties that form the framework of international human rights law. This book describes the development of each treaty, along with the substantive rights enshrined in them, and analyses the nature and functions of their respective monitoring bodies. Topics discussed include periodic reporting procedures, investigative procedures and individual complaint procedures, with supporting case law analysed in great detail. This practical and indispensable reference resource: - Guides you through the structure of each of the core UN human rights treaties, explaining both the substance of the rights and the various procedures which may be drawn upon to implement those rights - Explains in detail how each of these procedures may be accessed, as well as critiquing their operation in practice - Covers a wide number of areas including civil and political rights generally, racial and gender-based discrimination and the prohibition against torture - Discusses proposals for reform of the UN human rights treaty monitoring system and the implications of these reforms The UN Human Rights Treaty System: Law and Procedure has been written for practitioners and students of human rights law in the UK, Ireland and abroad. Government bodies, non-governmental organisations, national human rights institutions and charities will also find this a great resource.

Female Genital Mutilation
Female Genital Mutilation

Author: Charlotte Proudman

Publisher: Oxford University Press

Published: 2022-02-03

Total Pages: 289

ISBN-13: 0192633562

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Female genital mutilation (FGM) has garnered significant media, political and legal attention in the UK. Despite criminalising the practice in 1985, FGM continues undetected and often underground. This monograph provides a unique insight into survivor's attitudes towards FGM as well as the criminalisation of a culturally embedded practice. Some of the narratives might be deeply uncomfortable as women sympathise and even uphold the practice, whilst others viscerally describe the trauma and pain that they endured. Digging deeper into efforts to eliminate FGM, professionals at the coalface of the end FGM movement provide their views on whether the practice can ever be eradicated. This volume explores the key themes that emerged from the well-publicised criminal trials in the UK and the barriers that prevent the law from working effectively. One of the obstacles that are examined further is the legal double standard in criminalising FGM whilst permitting female genital cosmetic surgery, which incites hostility and anger amongst FGM-performing communities. Whilst ending FGM is imperative, this enlightening work reflects on the unintended consequences that stem from punitive efforts to criminalise a practice performed by often Black, migrant communities. Women describe their experiences of racism and Islamophobia in a context of police surveillance and hyperbolic media narratives. In an effort of encouraging the abandonment of FGM, this publication highlights the need for the law to be accompanied by education initiatives at a grass-root level.

The Political Psychology of the Veil
The Political Psychology of the Veil

Author: Sahar Ghumkhor

Publisher: Springer Nature

Published: 2019-11-21

Total Pages: 285

ISBN-13: 3030320618

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Veiled women in the West appear menacing. Their visible invisibility is a cause of obsession. What is beneath the veil more than a woman? This book investigates the preoccupation with the veiled body through the imaging and imagining of Muslim women. It examines the relationship between the body and knowledge through the politics of freedom as grounded in a ‘natural’ body, in the index of flesh. The impulse to unveil is more than a desire to free the Muslim woman. What lies at the heart of the fantasy of saving the Muslim woman is the West’s desire to save itself. The preoccupation with the veiled woman is a defense that preserves neither the object of orientalism nor the difference embodied in women’s bodies, but inversely, insists on the corporeal boundaries of the West’s mode of knowing and truth-making. The book contends that the imagination of unveiling restores the West’s sense of its own power and enables it to intrude where it is ‘other’ – thus making it the centre and the agent by promising universal freedom, all the while stifling the question of what freedom is.

"They Took Me and Told Me Nothing"

Author: Nadya Khalife

Publisher:

Published: 2010

Total Pages: 96

ISBN-13:

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Recommendations -- Background -- Female genital mutilation around the world -- Female genital mutilation in Iraqi Kurdistan -- Female genital mutilation : a human rights issue -- Official action on FGM.