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Facing the Death Penalty
Independent legal professionals play a key role in the administration of justice and the protection of human rights. Judges, prosecutors and lawyers need access to information on human rights standards laid down in the main international legal instruments and to related jurisprudence developed by universal and regional monitoring bodies. This publication, which includes a manual and a facilitator's guide, seeks to provide a comprehensive core curriculum on international human rights standards for legal professionals. It includes a CD-ROM containing the full electronic text of the manual in pdf format.
Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors: Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.
This compilation brings together all the relevant procedural norms and standards applicable to criminal processes, whether national, regional, or international. The instruments are systematically arranged, and the category listing is in chronological order. The procedural instruments are exhaustive, providing the reader with a single comprehensive source for all these norms and standards. Published under the Transnational Publishers imprint.
This volume presents and critiques the distorted effects of the international human rights movement's focus on the fight against impunity.
A practical tool for legal professionals who wish to strengthen their skills in applying the European Convention on Human Rights and the case law of the European Court of Human Rights in their daily work This is the second and expanded edition of a handbook intended to assist judges, lawyers and prosecutors in taking account of the requirements of the European Convention on Human Rights and its Protocols (“the European Convention”) – and more particularly of the case law of the European Court of Human Rights – when interpreting and applying codes of criminal procedure and comparable or related legislation. It does so by providing extracts from key rulings of the European Court and the former European Commission of Human Rights that have determined applications complaining about one or more violations of the European Convention in the course of the investigation, prosecution and trial of alleged offences, as well as in the course of appellate and various other proceedings linked to the criminal process.
Part Two. HUMAN RIGHTS
Recommended by The Independent Anti-Slavery Commissioner, Dame Sara Thornton, in her 2020 report on “The Modern Slavery Act 2015 Statutory Defence: A call for evidence” "Rarely can the talent of so many practitioners be accessed in one convenient resource." Crimeline Human Trafficking and Modern Slavery Law and Practice, Second Edition provides guidance to those who deal directly or indirectly with those affected by modern slavery and trafficking, employ or manage a workforce, or have oversight of supply chains. It enables practitioners to deal with issues of law and procedure by providing an accessible, but comprehensive, summary of the points that need to be considered in order to plan a coherent litigation or compliance strategy. This Second Edition focuses on areas which have become of critical importance such as: - The modern slavery defence - Corporate accountability and modern slavery compliance statements - National Referral Mechanism for victims - How to identify victims of trafficking and modern slavery - How to elicit key information from victims of trafficking and modern slavery - Council of Europe Convention on Action against Trafficking in Human Beings - The EU Anti-trafficking Directive This highly accessible guide draws on the expertise and experience of professionals in different disciplines, so that practitioners can receive guidance for their own practice and an understanding of the inter-relationship with other practice areas. Criminal, immigration, commercial and civil lawyers will find this an essential guide. It is also important for businesses when undertaking human rights due diligence assessments, as well as for those who work in law enforcement, the judiciary and academia.
The second edition of Kalin and Kunzli's authoritative book provides a concise but comprehensive legal analysis of international human rights protection at the global and regional levels. It shows that human rights are real rights creating legal entitlements for those who are protected by them and imposing legal obligations on those bound by them.