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A demonstration of how European Court of Human Rights judgments might better accommodate the concerns of minorities.
This book analyses the use of the expression 'serious violations of human rights', and similar ones, such as 'gross' or 'grave', in international practice. It highlights some of the recurring responses and consequences to such violations and suggests that a new special regime - eponymous to the above-mentioned expression - was formed. This special regime is understood as substantively limited to a very specific issue-area of human rights violations. Within this regime, a series of monitoring mechanisms and procedures are in place to highlight, document, and record such violations; specific measures are taken to enforce compliance; and certain consequences arise focused on remedying the victi...
“The most creative and courageous social theorist working today” examines the ethical binds that emerge within the force field of violence (Cornel West). “ . . . nonviolence is often seen as passive and resolutely individual. Butler’s philosophical inquiry argues that it is in fact a shrewd and even aggressive collective political tactic.” —New York Times Judith Butler shows how an ethic of nonviolence must be connected to a broader political struggle for social equality. While many think of nonviolence as passive or individualist, Butler argues nonviolence is an ethical position found in the midst of the political field. She champions an ‘aggressive’ nonviolence, which accep...
This Commentary provides the first comprehensive analysis of the Council of Europe (CoE) Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention). It offers a complete article-by-article guide to the Convention with reference to the explanatory report, the findings of the monitoring body (GREVIO) and relevant State practice.
This book charts new territory by mapping the range of international actors who affect the governance of ethnic diversity and exploring their often contradictory roles and impacts.
Integrating marginalised perspectives into the curriculum and discourse, this indispensable textbook amplifies under-represented voices in the field and paves the way for a more inclusive and comprehensive understanding of tort law.
In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.
The book aims at presenting an updated version of the basic and general human rights debates. While it is frequently suggested that Human Rights are universal and indivisible, it is an undeniable fact that this is far from being true. And if there was ever any justification for talking about an ending to history, that narrative has definitely lost all justification in the light of recent developments. In fact, we are now witnessing a new harsh round of global system competition, often at the edge of a global hot war, now not anymore in a bipolar world but in a multipolar setting.The book contributions include reflections on history and theory, the reinterpretation of rights in different national contexts and/or in relation to specific groups (e.g. women) and areas (e.g. digitization).The book is meant to be a food for thought, at the end arguing in favour of the need to redefine Human Rights, reflecting the changes since the inauguration of the UDHR.
This casebook provides an overview of the main international and regional legal standards related to the human rights of women and explores their development and practical application in light of contemporary times, challenges, and advances. It navigates the nuances of the ongoing problems of discrimination and gender-based violence, and analyzes them in the context of modern challenges, such as the COVID-19 pandemic, the MeToo movement and its aftermath, the growth of non-state actors, environment and climate change, sexual orientation and gender identity, and the digital world, among others.
Increasingly, debates about religious symbols in the public space are reformulated as human rights questions and put before national and international judges. Particularly in the area of education, legitimate interests are manifold and often collide. Children’s educational and religious rights, parental liberties vis-à-vis their children, religious traditions, state obligations in the area of public school education, the state neutrality principle, and the professional rights and duties of teachers are all principles that may warrant priority attention. Each from their own discipline and perspective––ranging from legal (human rights) scholars, (legal) philosophers, political scientists, comparative law scholars, and country-specific legal experts––these experts contribute to the question of whether in the present-day pluralist state there is room for state symbolism (e.g. crucifixes in classroom) or personal religious signs (e.g. cross necklaces or kirpans) or attire (e.g. kippahs or headscarves) in the public school classroom.