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A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples
  • Language: en

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

  • Categories: Law
  • Type: Book
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  • Published: 2024-02-06
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  • Publisher: Springer

This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate th...

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples
  • Language: en
  • Pages: 268

A Legal Assessment of the Efficacy of Consultation with Indigenous Peoples

  • Categories: Law

This book offers a novel perspective on consultation with indigenous peoples in projects of natural resource exploitation. Engaging with current debates in international law, the study introduces a multi-dimensional perspective on consultation understood to include self-determination and cultural rights. It analyzes evidence from several countries across the Americas and Africa and presents an original and in-depth case study of Brazil. The book assesses judicial and legislative cases, drawing on relevant literature, international treaties and supplementary information gained from expert interviews. This supports the work’s broader objective to explore legal facts as well as to evaluate th...

The Performance of Africa's International Courts
  • Language: en
  • Pages: 385

The Performance of Africa's International Courts

  • Categories: Law

This book argues that we must look beyond the traditional criteria of compliance and effectiveness to judge the performance of Africa's international courts. It demonstrates how these courts are important venues for activists and opposition parties to wage political, social, environmental, and legal struggles on the international stage.

The Construction of Fatherhood
  • Language: en
  • Pages: 205

The Construction of Fatherhood

  • Categories: Law

This book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.

Courting Gender Justice
  • Language: en
  • Pages: 352

Courting Gender Justice

  • Categories: Law

Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of ...

Compulsory Mental Health Interventions and the CRPD
  • Language: en
  • Pages: 199

Compulsory Mental Health Interventions and the CRPD

  • Categories: Law

The Convention's approach to mental health care -- Putting mental health laws to the test -- Proportionality reasoning -- Proportionality and non-discrimination.

Rescuing Human Rights
  • Language: en
  • Pages: 245

Rescuing Human Rights

  • Categories: Law

Focuses on understanding human rights as they really are and their proper role in international affairs.

The Governance of EU Fundamental Rights
  • Language: en
  • Pages: 259

The Governance of EU Fundamental Rights

  • Categories: Law

This book represents the first attempt to examine how EU fundamental rights are protected and enforced by EU governing bodies.

Demanding Rights
  • Language: en
  • Pages: 207

Demanding Rights

Evaluates and reconsiders how the human rights of vulnerable migrants are protected through Europe's supranational courts.

The United Nations Convention on the Rights of Persons with Disabilities
  • Language: en
  • Pages: 769

The United Nations Convention on the Rights of Persons with Disabilities

  • Categories: Law
  • Type: Book
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  • Published: 2017-01-20
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  • Publisher: Springer

This Commentary provides the first comprehensive legal article-by-article analysis of the provisions of the Convention on the Rights of Persons with Disabilities (CRPD). The Convention is the key international human rights instrument exclusively devoted to persons with disabilities and the centerpiece of international efforts to address inequalities and barriers they encounter to the full enjoyment of human rights. The book discusses the Convention’s position within existing international human rights law and within the framework of the United Nations measures to protect the rights of people with disabilities. Starting with the background of all the Convention’s articles, including the t...