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Human Rights Law in Europe
This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.
The Most Fearless and Gallant Soldier I Have Ever Seen
A biography of Martin O'Meara, Australia's only Irish-born Victoria Cross recipient of the First World War. Originally from County Tipperary, O'Meara served with the Australian Imperial Force in Egypt and on the Western Front between 1916 and 1918. His Victoria Cross was awarded for bravery near Mouquet Farm in August 1916. He suffered a serious mental breakdown shortly after returning to Australia in November 1918 and spent the rest of his life in mental hospitals in Perth. He died in 1935.
The Human Face of the European Union
This title assesses EU law and policy using a novel and alternative framework based on the notion of humaneness.
Development Centre Studies Public Opinion and the Fight against Poverty
Sustaining the fight against global poverty will be possible only if the "wider civil society", i.e. citizens in richer countries, actively and critically support international development co-operation efforts. The willingness undoubtedly exists ...
Human Rights Law and Personal Identity
This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of pow...
Challenging Territoriality in Human Rights Law
Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this ‘territorial space’. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores poten...
Care, Migration and Human Rights
The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.
Socio-Economic Rights in Emerging Free Markets
In the last decade or so, China and India have emerged on the global stage as two powerful free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap. This growth has not, however, been without problems. Apart from worrying levels of environmental pollution, a significant number of people are still struggling to live a decent life as they do not have adequate access to basic needs such as food, health services, education, water, and housing. The traditional old age support mechanism is collapsing amidst push for urbanisation and the practice of nuclear families, while the alternative social se...
China's Human Rights Lawyers
This book offers a unique insight into the role of human rights lawyers in Chinese law and politics. In her extensive account, Eva Pils shows how these practitioners are important as legal advocates for victims of injustice and how bureaucratic systems of control operate to subdue and marginalise them. The book also discusses how human rights lawyers and the social forces they work for and with challenge the system. In conditions where organised political opposition is prohibited, rights lawyers have begun to articulate and coordinate demands for legal and political change. Drawing on hundreds of anonymised conversations, the book analyses in detail human rights lawyers’ legal advocacy in ...
