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Are victims of armed conflict entitled to reparation, which legal rules govern the question, and how can reparation be implemented? These key questions of transitional justice are examined by three scholars whose professional, theoretical, and methodological backgrounds and outlooks differ greatly. They discuss how regional human rights case law, international criminal law, the practice of ad hoc international bodies, and domestic practice give rise to a right to reparation. This right emerges out of the interplay between international and domestic law. The problems of mass claims, fragile statehood, and the high risk of marginalisation of particular groups of victims are addressed. The analysis is alert to the current backlash against international legal institutions, and to the practical constraints in making post-conflict law work. The multiperspectivism of the trialogical setting exposes the divergence and complementarity of the authors' approaches and leads to a richer understanding of the law of reparation.
This book provides detailed analyses of systems that have been established to provide reparations to victims of genocide, crimes against humanity and war crimes, and the way in which these systems have worked and are working in practice. Many of these systems are described and assessed for the first time in an academic publication. The publication draws upon a groundbreaking Conference organised by the Clemens Nathan Research Centre (CNRC) and REDRESS at the Peace Palace in The Hague, with the support of the Dutch Carnegie Foundation. Both CNRC and REDRESS had become very concerned about the extreme difficulty encountered by most victims of serious international crimes in attempting to acces...
Gender issues are central to the causes and impact of the ongoing AIDS epidemic. The editors bring together cutting edge contemporary scholarship on gender and AIDS in one volume. They address questions related to gender and sexuality, how women and men live the epidemic differently and how such differences lead to different outcomes. The volume joins research on Africa, Asia and Latin America and illustrates how the epidemic has different gendered characteristics, causes and consequences in different regions. Collectively, the chapters demonstrate the fundamental ways that gender influences the spread of the disease, its impact and the success of prevention efforts. This scholarly, interdisciplinary volume provides a comprehensive introduction to the themes and issues of gender, AIDS and global public health and informs students, policy makers and practitioners of the complexity of the gendered nature of AIDS.
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This book allows readers to develop a critical understanding of the inter-American human rights system, as well as the dynamics of rights abuse and state response to violations in the Americas. The inter-American human rights system consists of two bodies, the Inter-American Commission and the Inter-American Court of Human Rights. The system has been and continues to be essential for the defense and protection of human rights in the Western hemisphere.
What does compliance with judgments of the European Court of Human Rights (ECtHR) look like in states on the spectrum of democratisation? This work provides an in-depth investigation of three such states—Armenia, Azerbaijan and Georgia— in the wider context of the growing 'implementation crisis' in Europe, and does so through a combined lens of theoretical insights and rich empirical data. The book offers a detailed analysis of the domestic contexts varying from democratising to increasingly authoritarian tendencies, which shape the states’ compliance behaviour, and discusses why and how such states comply with human rights judgments. It puts particular focus on ‘contested’ compliance as a new form of compliance behaviour involving states’ acting in ‘bad faith’ and argues for a revival of the concept of partial compliance. The wider impact that ECtHR judgments have in states on the spectrum of democratisation is also explored.
Although the focus is on the unsolved murders of a priest and female tourists, THE CITY DIFFERENT, better known as Santa Fe, NM, is a story about the good and the bad of its people, its cultural and social values, its politics, its beauty and its charm. A city is left in a state of chaos after the brutal murder of a priest is followed by the deaths of female tourists. Are these thrill-kills or a serial murders, and uncertainty that puzzles state police officials, a female homicide detective, and a district attorney. Complexities set in when the detective and the district attorney become lovers. They increase when she comes to suspect him of being part of at least one of the crimes. Meanwhile...
What happens when a Cherokee patient summons a medicine man to the hospital, or when an Anglo nurse refuses to take orders from a Japanese doctor? Why do Asian patients rarely ask for pain medication, while Mediterranean patients seem to seek relief for even the slightest discomfort? If the goal of the American medical system is to provide optimal care for all patients, healthcare providers must understand cultural differences that create conflicts and misunderstandings and can result in inferior medical care. Geri-Ann Galanti's updated classic, Caring for Patients from Different Cultures, is even more comprehensive than the first three editions, containing new appendices for quick reference...
This book explores the duty to investigate potential violations of the law during armed conflict, and does so under international humanitarian law (IHL), international human rights law (IHRL), and their interplay. Through a meticulous comparative legal analysis, it maps out the scope and contents of investigative obligations. On the basis of general international law, it also develops and applies a novel and more broadly applicable step-by-step methodology for resolving issues of interplay between both legal regimes. In doing so, this study clarifies the scope of application and contents of investigative obligations under both legal regimes, as well as for situations to which both apply. The book finds that the oft-heard narrative that to require States to conduct human rights investigations during armed conflict would be wholly unrealistic in light of the realities of hostilities is unfounded and in need of revision.