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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.
This volume examines the different and sometimes contradictory approaches of four UN human rights committees to the concept of religion. Drawing on critical perspectives from religious studies, the book combines a genealogical assessment of the role of religion in international law with a detailed textual study of the reporting practice of the committees monitoring racial discrimination, civil and political rights, women's rights, and children's rights. Årsheim argues that the role of religion within the rights traditions monitored by the committees varies to the extent that their recommendations risk contradicting one another, thereby undermining their credibility and potential to bring about real change on the ground: Where some committees view religion singularly as a core individual right, others see religion partly as an inherent threat to the realization of other rights, but also as a potent social force to be reckoned with. In order to remedy this situation, Årsheim proposes the publication of a joint general comment by all the committees, spelling out their approach to the role of religion in the implementation of human rights.
This book contributes to a feminist understanding of international human rights by examining restrictions on reproductive freedom through the lens of the right to be free from torture and other cruel, inhuman or degrading treatment. Ronli Sifris challenges the view that torture only takes place within the traditional paradigm of interrogation, punishment or intimidation of a detainee, arguing that this traditional construction of the concept of torture prioritises the experiences of men over the experiences of women given that the pain and suffering from which women disproportionately suffer frequently occurs outside of this context. She does this by conceptualising restrictions on women’s reproductive freedom within the framework of the right to be free from torture. The book considers the gendered nature of international law and the gender dimensions of the right to be free from torture. It examines the extension of the prohibition of torture to encompass situations beyond the traditional detainee context in recent years to encompass situations such as rape and female genital mutilation. It goes on to explore in detail whether denying access to abortion and involuntary sterilization constitutes torture or other cruel, inhuman or degrading treatment under international law. The book looks at whether limitations on reproductive freedom meet the determining criteria of torture which are: severe pain or suffering; being intentionally inflicted; being based on discrimination; linked in some way to a State official; whether they constitute lawful sanctions; and the importance of the concept of powerlessness. In doing so the book also highlights how this right may be applicable to other gender-based abuses including female genital mutilation, and how this right may be universally applied to allow women worldwide the right to reproductive freedom.
This is the first commentary on the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), analyzing the Convention article by article. Each chapter provides an overview of an article's negotiating history, interpretation, and all the relevant case law, including decisions and recommendations by the CEDAW Committee.
Economic inequalities are among the greatest human rights challenges the world faces today due to the past four decades of neoliberal policy dominance. Globally, there are now over 2,000 billionaires, while 3.4 billion people live below the poverty line of US $5.50 per day. Many human rights scholars and practitioners read these statistics with alarm, asking what impact such extreme inequalities have on realizing human rights and what role, if any, should human rights have in challenging them? This edited volume examines these questions from multiple disciplinary perspectives, seeking to uncover the relationships between human rights and economic inequalities, and the barriers and pathways to greater economic equality and full enjoyment of human rights for all. The volume is a unique contribution to the emerging literature on human rights and economic inequality, as it is interdisciplinary, global in reach and extends to several under-researched areas in the field.
This book combines legal and philosophical perspectives to address the question of whether states are bound by human rights when they act with effects on people abroad—states’ extraterritorial human rights obligations. Taking an innovative approach, it begins with a profound legal analysis of the issue at national, supranational, and international levels and then engages in depth with counterarguments against extraterritorially applying human rights, on the basis of which it develops its own ethical justificatory theory of extraterritorial human rights obligations. The book closes the circle by showing what the practical implications of this theory for the interpretation (and possible evolvement) of human rights law would be. In a world where critiques of, and resistance to, the general idea of universal human rights are on rise, the book contributes to closing the gap between judicial and normative perspectives on extraterritorial human rights obligations by inquiring into the ethical underpinnings of this topical legal challenge. This book will be of key interest to scholars and students in human rights, international law, and more broadly in political philosophy, philosophy of law, and international relations.
International human rights law has emerged as an academic subject in its own right, separate from, but still related to international law. This book explains the distinctive nature of this discipline by examining the influence of the idea of human rights on general international law. Rather than make use of a particular moral philosophy or political theory, it explains human rights by examining the way the term is deployed in legal practice, on the understanding that words are given meaning through their use. Relying on complexity theory to make sense of the legal practice of the United Nations, the core human rights treaties, and customary international law, the work demonstrates the emergence of the moral concept of human rights as a fact of the social world. It reveals the dynamic nature of this concept, and the influence of the idea on the legal practice, a fact that explains the fragmentation of international law and special nature of international human rights law.
The notion that children constitute an important group of rights holders has gained increasing acceptance both domestically and internationally. Nevertheless, this rhetorical commitment to children's rights is not necessarily realised in practice. Now in its fourth edition, Fortin's Children's Rights and the Developing Law explores the extent to which law and policy in England promotes or undermines the rights of children. Fully revised and updated, this textbook uses current research on child development and welfare to reflect on the extent to which the law fulfils children's rights in a wide range of areas, including medical law, education and child poverty. These developments are measured again the domestic law and the UK's international obligations under, for example, the United Nations Convention on the Rights of the Child.
Honour based violence and abuse manifests itself in different forms, and this book offers a comprehensive understanding of this phenomenon. This book argues that the limits of honour crimes must be defined more widely so that they include conducts and behaviours that originate from the patriarchal notion of honour, such as honour based oppression and breast ironing. The book provides a critical analysis and synthesis of the law in England and Wales and in the international human rights sphere. The relevant domestic legislation and cases are examined to reflect on whether adequate protection is provided for the victims and potential victims of honour based violence and abuse. Since honour based violence is a violation of human rights, the relevant international human rights law is examined to illustrate the perception of such crimes in the international arena. The effectiveness of any remedy for victims of honour based violence and abuse depends on its capability to change deep rooted behaviours in communities with honour based patriarchal values. This book argues that the law does not provide the effective impact required, in part due to patriarchal structures, and that more efforts should be dedicated to changes in education. It is held that there is a need for an educational programme that is especially designed to tackle violence and promote gender equality. The book will be essential reading for academics, researchers and policy-makers working in the areas of Human Rights Law, Criminal Law and Gender Studies.
This timely volume seeks to examine two of the most pertinent current challenges faced by asylum seekers in gaining access to international refugee protection: first, the obstacles to physical access to territory and, second, the barriers to accessing a quality asylum procedure – which the editors have termed 'access to justice'. To address these aims, the book brings together leading commentators from a range of backgrounds, including law, sociology and political science. It also includes contributions from NGO practitioners. This allows the collection to offer interdisciplinary analysis and to incorporate both theoretical and practical perspectives on questions of immense contemporary significance. While the examination offers a strong focus on European legal and policy developments, the book also addresses the issues in different regions (Europe, North America, the Middle East, Africa and Australia). Given the currency of the questions under debate, this book will be essential reading for all scholars in the field of asylum law.