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Disability, Divers-ability and Legal Change
This text ventures into the area where law and disability intersect. Drawing on developments in the emerging field of disability studies and on a new-found human rights perspective on disability, the contributions traverse topics as wide-ranging as citizenship, feminism, eugenics, euthanasia, and sexual abuse of people with disabilities, and analyze disability law at both a domestic and international level. Informed by the social model of disability, this work brings together academics and disability activists from Australia, Europe and North America. The book is interdisciplinary in nature, with contributors coming from sociology, education, law, geography, philosophy, and cultural studies.
Human Rights and Disabled Persons
The United Nations' Decade of Disabled Persons has served as a time for standard setting in the field of human rights and disability, and has created the need to evaluate the relevant human rights instruments for disabled persons. This volume responds to this need by offering a collection of essays on the subject of human rights and disability, and an extensive compilation of international and regional human rights instruments, guidelines and principles which are of special relevance to disabled people. It should serve organizations of disabled people as well as governments throughout the world as a resource and as an introduction to human rights and disability. This shortcoming may be one reason for the widely prevailing notion that disability is a welfare issue rather than a human rights issue.
Disease and Democracy
“A historical masterpiece! Just when we thought we knew everything about the politics and policies of the HIV/AIDS pandemic, Peter Baldwin surprises us with innovative insights about the sharp differences in policy among countries as well as complex tradeoffs between civil liberties and public goods. This is a refreshing and readable book in which AIDS is used as a lens to understand the public health enterprise ranging from leprosy and syphilis to tuberculosis and SARS. Baldwin offers a deeply historical and comparative understanding of HIV in the industrialized world.”—Lawrence O. Gostin, author of Public Health Law: Power, Duty, Restraint "Although a vast literature has emerged to c...
Indirect Discrimination
Updated habilitation thesis, submitted in 2003 to the Law Faculty of the University of Basel, analysing indirect discrimination in a broad and comparative context. Focuses on the development of the legal concept in EC law and its application in a great number of areas, including internal taxation of goods, freedom of establishment, sex equality, etc. Discusses demarcation issues between direct and indirect discrimination, and applying the concepts in concrete cases.
Public-Private Partnerships and Responsibility under International Law
Partnerships between the public and private sectors are an increasingly accepted method to deal with pressing global issues, such as those relating to health. Partnerships, comprised of states and international organizations (public sector) and companies, non-governmental organizations, research institutes and philanthropic foundations (private sector), are forming to respond to pressing global health issues. These partnerships are managing activities that are normally regarded to be within the domain of states and international organizations, such as providing access to preventative and treatment measures for certain diseases, or improving health infrastructure within certain states to bett...
Perspectives on Health and Human Rights
This anthology of articles collected by a cast of award-winning scholars in the field of public health illustrates that promoting and protecting human rights is fundamental to promoting and protecting health. New issues covered in this volume include: emerging technologies; family and health; responding to violence; and methods and strategies.
The Refugee Status of Persons with Disabilities
Persons with disabilities often face persecution. How does the 1951 Refugee Convention apply to them? In this first comprehensive study on the refugee definition for persons with disabilities, Stephanie Motz proposes a disability-specific approach to refugee status. The book provides a critical analysis of case law on refugee status determination focusing on four selected jurisdictions. Each chapter examines a different element of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities as well as international refugee law standards. This book is of particular interest to refugee and disability law scholars and an essential tool for courts and tribunals, practitioners and state authorities in the application of the refugee definition to asylum claims of persons with disabilities.
Economic Rights in Canada and the United States
Readers in Western developed countries are most familiar with abuses of political and civil rights, but the international human rights regime also embraces a set of laws regarding economic rights. These rights include the right to work and to just and favorable working conditions; the right to join and form trade unions; the right to social security; specific rights for the family; the right to an adequate standard of living, including food, clothing, housing, and "the continuous improvement of living conditions"; and the right to "the highest attainable standard of physical and mental health." In original essays by scholars senior and junior, this volume explains how these rights are realiz...
Fundamental Rights
This textbook explains the protection by the ECHR, EU law and international instruments of various civil/political and social/economic fundamental rights.
Religion and the Inculturation of Human Rights in Ghana
It has been maintained that the secular nature of modern human rights makes them incompatible with the religious orientation of African and non-Western societies. However, in view of the resilience of religion in the global and local public sphere, it is important to explore how religion can contribute to the promotion and enjoyment of human rights. Based on fieldwork conducted in Ghana, Abamfo Ofori Atiemo here establishes a convergence between human rights and local religious and cultural values in African societies. He argues that human rights represent universal 'dream values'. This allows for a cultural embedding of human rights in Ghana and other non-Western societies. He argues that '...
