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This collection of essays highlights the many problems and challenges facing human rights law today. Bringing together academics, practitioners and NGOs, it examines some of the contemporary challenges facing human rights law and practice in England, Northern Ireland, the Republic of Ireland, France and America. It is clear that we live in a time where human rights are in crisis. A decade of austerity measures at the domestic, regional and international levels evidently has had a detrimental effect on the protection of human rights. Cuts to social spending have resulted a failing social welfare system, a health service buckling under pressure, unprecedented rises in homelessness and child poverty, and the emergence of the â ~working poorâ (TM) and zero hours contracts. Austerity, famine, civil war, oppressive governmental regimes and climate change have seen vast migrations, resulting in a resurrection of far right-wing ideology. In the UK, this is seen in what can only be described as propaganda and scaremongering during the campaign for Brexit and in subsequent political elections evidenced by the increase in racially motivated hate crime within the UK. The landscape of human rights is such that it has resulted in some beginning to question, are human rights rights at all?
This collection of essays highlights the many problems and challenges facing human rights law today. Bringing together academics, practitioners and NGOs, it examines some of the contemporary challenges facing human rights law and practice in England, Northern Ireland, the Republic of Ireland, France and America. It is clear that we live in a time where human rights are in crisis. A decade of austerity measures at the domestic, regional and international levels evidently has had a detrimental effect on the protection of human rights. Cuts to social spending have resulted a failing social welfare system, a health service buckling under pressure, unprecedented rises in homelessness and child poverty, and the emergence of the ‘working poor’ and zero hours contracts. Austerity, famine, civil war, oppressive governmental regimes and climate change have seen vast migrations, resulting in a resurrection of far right-wing ideology. In the UK, this is seen in what can only be described as propaganda and scaremongering during the campaign for Brexit and in subsequent political elections evidenced by the increase in racially motivated hate crime within the UK. The landscape of human rights is such that it has resulted in some beginning to question, are human rights rights at all?
The main challenges within international human rights law are generally thought to be in the fields of transitional justice, non-state actors, terrorism, development, poverty and environmental degradation. This volume of articles not only covers these mainstream challenges but also a wider and more systematic range, including justiciability of social and economic rights, extraterritoriality, health care and investment arbitration. The key literature selected for this collection includes articles that have appeared in mainstream journals and books from leading publishers as well as papers that have appeared in lesser known journals, hard to find books and UN documents. Some of these are classic essays whilst others are more recent additions that reflect the current state of the debate. The papers are put into context by a specially commissioned introduction by the volume editor. This volume is an invaluable resource for human rights lawyers in search of the key literature in fields outside their own specialization as well as for students, researchers and lecturers seeking an overview of the challenges in human rights law.
The Universal Declaration of Human Rights (UDHR) was drafted by the UN Commission on Human Rights in the aftermath of the World War II in an attempt to address the wrongs of the past and plan for a better future for all. With contributions from President Jimmy Carter, UNESCO Secretary General Audrey Azoulay and the former Archbishop of Canterbury Rowan Williams, this collection of essays, Contemporary Human Rights Challenges: The Universal Declaration of Human Rights and its Continuing Relevance, by leading international experts offers a timely contemporary view on the UDHR and its continuing relevance to today’s issues. Reflecting the structure of the UDHR, the chapters, written by 28 academics, practitioners and activists, bring a contemporary perspective to the original principles proclaimed in the Declaration’s 30 Articles. It will be a stimulating accessible read, with real world examples, for anyone involved in thinking about, designing or applying public policy, particularly government officials, politicians, lawyers, journalists and academics and those engaged in promoting social justice. Examined through these universal principles, which have enduring relevance, the authors grapple with some of today’s most pressing challenges, some of which, for example equality and gender related rights, would not have been foreseen by the original drafters of the Declaration, who included Eleanor Roosevelt, René Cassin and John Humphrey. The essays cover a wide range of topics such as an individual’s right to privacy in a digital age, freedom to practise one’s religion and the right to redress, and make a compelling and detailed argument for the on-going importance and significance of the Declaration and human rights in our rapidly changing world.
To celebrate the 20th anniversary of the MA in Understanding and Securing Human Rights offered at the School of Advanced Study, University of London, we are pleased to publish a commemorative edited volume on human rights themes authored by distinguished alumni and faculty. The chapters reflect on cutting-edge challenges in the field of human rights. Topics include refugee protection, women's human rights, business and human rights, the role of national and international legal mechanisms and emerging themes such as tax justice, rights in the digital age, theories of change, and poetry. It is a credit to the MA programme that the chapters are rich with critical analysis, diverse expertise and innovative approaches.This book will be essential reading for students of human rights and practitioners who can benefit from the insights into theory and practice offered here. Dr Corinne Lennox is Senior Lecturer in Human Rights at the Institute of Commonwealth Studies and Associate Director of the Human Rights Consortium at the School of Advanced Study, University of London.
Challenging questions arise in the effort to adequately protect the cultural rights of individuals and communities worldwide, not the least of which are questions concerning the very understanding of ‘culture’. In Cultural Rights in International Law and Discourse: Contemporary Challenges and Interdisciplinary Perspectives, Pok Yin S. Chow offers an account of the present-day challenges to the articulation and implementation of cultural rights in international law. Through examining how ‘culture’ is conceptualised in different stages of contemporary anthropology, the book explores how these understandings of ‘culture’ enable us to more accurately put issues of cultural rights into perspective. The book attempts to provide analytical exits to existing conundrums and dilemmas concerning the protections of culture, cultural heritage and cultural identity.
International Human Rights: Problems of Law, Policy, and Practice, Seventh Edition by Hurst Hannum, S. James Anaya, Dinah Shelton, and Rosa Celorio is a student-friendly coursebook that surveys the foundational features and diverse components of the international human rights system, while highlighting human rights issues of pressing concern, including racial discrimination, violence against women, the struggles of indigenous peoples, armed conflicts, lack of access to healthcare and other basic necessities, environmental degradation, and climate change, among others. This coursebook introduces students to the established and developing international law on human rights. Its pages navigate a wide range of substantive norms; procedural rules; and national, regional, and global institutions whose mandate is to promote and monitor compliance with internationally-recognized human rights. The book discusses a range of contemporary human rights challenges, including racial discrimination; violence against women; the struggles of indigenous peoples; armed conflict; threats to free speech, social protest, the defense of human rights; lack of access to health care, and other basic necessities; and environmental degradation and climate change, among others. This book is artfully organized around the foundational features and diverse components of the international human rights system at both the global and regional levels. Distinct problems related to human rights are introduced to illustrate the real issues that face human rights lawyers and how those issues might be addressed through international (and domestic) processes involving internationally-recognized human rights norms. Balancing practical considerations and theory, this outstanding authorship team delivers a comprehensive text that examines historical underpinnings and contemporary considerations related to human rights efforts across the globe. New to the Seventh Edition: New or updated examination of a range of human rights issues, including racial discrimination and police violence; discrimination and violence against women and LGBTI persons; threats to indigenous peoples; undermining of rights of political participation; the human rights impacts of environmental degradation and climate change; human rights in the digital space; among others. Discussion of the formidable impacts on international law and human rights of the Russia-Ukraine conflict that began in early 2022. Exposition of new human rights treaties, declarations, and decisions of judicial and other human rights bodies. Discussion of new developments regarding human rights institutions and international procedures to advance human rights. Updates on United States case law on the judicial enforcement of international human rights norms. This edition of the book is substantially reduced in volume from prior editions, such that it is better designed for use in a one-semester, three-hour course or seminar at the law school or university law. Professors and students will benefit from: Emphasis on practical issues that influence the application, implementation, and development of human rights law. Problem-oriented focus with the goal to motivate students to think about concrete issues and the application of human rights law to the real world. Discussion of current issues in human rights today. Discussion of not only global but also regional treaties, mechanisms, institutions, and procedures related to human rights. Comprehensive coverage that highlights substantive discussion of human rights problems around the world. Presentations of differing views on the theory and practice of human rights. Discussion of the theoretical foundations of human rights, cultural relativism, and sovereignty. Examination of historical developments in human rights as well as modern issues and conflicts. Thoroughly updated text that includes new documents and jurisprudence, as well as recent scholarship. Exposition of the interrelationship between human rights and international humanitarian law and international criminal law. Updated examination of the domestic enforcement of international human rights law.
'This volume represents a genuine attempt to think beyond the realms of what exists, to reflect on ideas postulated in the past that could be of great salience in the future. It presents the reader with a key question: to what extent are the contemporary concepts of human rights and the systems that support them equipped to address the challenges of a changed world? By thinking through some of the ideas of the past, with a set of promising young scholars alongside more established names, readers will gain a sense of how human rights politics have shaped the current regime while also becoming attuned to the extent to which new directions and mechanisms can be forged in the future. Many of the individuals whose contributions are encompassed in this volume have strong links to the Irish Centre for Human Rights, at the National University of Ireland, Galway, an institution that has had a significant impact in its first decade of existence under the stewardship of Professor William A. Schabas. This volume celebrates the success of the institution by showcasing some of the talent it has generated, and is likely to be of avid interest to all who care about the future of human rights.' - from the foreword by Joshua Castellino, Middlesex University, UK
Recent years have seen a remarkable expansion in the scale and importance of economic, social, and cultural rights (ESC rights), culminating in the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights in December 2008. The Protocol gives individuals and groups the ability to bring complaints about rights violations before the UN Committee on Economic, Social, and Cultural Rights. Against this background, this book focuses on the question of how fundamental socio-economic human rights enshrined in international law are defined, interpreted, understood, and implemented. It assesses how effective efforts to realize ESC rights have been and investigates the contemporary challenges obstructing their protection. It sets out the impact of the global financial crisis and austerity measures, the human rights responsibilities of corporations, and trends in the justiciability of those rights at the national and international level. The interrelationship between ESC rights and other legal regimes such as trade and investment law, environmental law, international criminal law, and international humanitarian law is also thoroughly examined. After an introduction by the editors the book contains seventeen chapters looking at the main questions which shape the progressive realization of ESC rights and their monitoring mechanisms. The authors of the chapters, both scholars and practitioners, adopt interdisciplinary approaches that move beyond traditional analyses of ESC rights. In doing so, they clarify and illuminate multiple aspects of the law by bringing together the different aspects of ESC rights, restating the challenges they face, and assessing the progress that has been made in expanding their adoption.