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The Refugee Status of Persons with Disabilities
This is the first comprehensive study on the refugee definition for persons with disabilities. It proposes a disability-specific approach to refugee status analysing the different elements of the refugee definition in light of the UN Convention on the Rights of Persons with Disabilities.
Detention and Its Alternatives Under International Law
In theory, international law provides a clear framework for ensuring the rarity of detention by either characterising a detention practice as inherently arbitrary or treating it as a measure of last resort. However, some critics have argued that international law prioritises procedural safeguards, leaving the international law on the legitimacy, necessity, and proportionality of detention and its alternatives underdeveloped. Detention and its Alternatives under International Law analyses the current state of the international law on detention and its alternatives within national law and policy. It addresses armed conflict, counterterrorism, criminal justice, mental health, migration, public ...
Disability Human Rights Law 2018
This book is a printed edition of the Special Issue "Disability Human Rights Law" that was published in Laws
Mental Capacity, Dignity and the Power of International Human Rights
Personhood, in liberal philosophical and legal traditions, has long been grounded in the idea of autonomy and the right to legal capacity. However, in this book, Julia Duffy questions these assumptions and shows how such beliefs exclude and undermine the rights of adults with cognitive disability. Instead, she reinterprets the right to legal capacity through the principle of the interdependence and indivisibility of human rights. In doing so, she compellingly argues that dignity and not autonomy ought to be the basis of personhood. Using illustrative case studies, Duffy demonstrates that the key human rights values of autonomy, dignity and equality can only be achieved by fulfilling a range of interdependent human rights. With this innovative book challenging common assumptions about human rights and personhood, Duffy leads the way in ensuring civil, economic, political, social, and cultural inclusion for adults with cognitive disabilities.
Ensuring Access to Courts for Asylum Seekers and Refugees
In the first dedicated monograph on article 16 of the 1951 Refugee Convention, Emma Dunlop positions the article within the broader context of public international law, presenting a comprehensive account of asylum seekers' and refugees' right of access to courts.
Unilateral Sanctions in International Law and the Enforcement of Human Rights
The Open Access publication of this book has been published with the support of the Swiss National Science Foundation. Are unilateral economic sanctions legal under public international law? How do they relate to the existing international legal principles and norms? Can unilateral economic sanctions imposed to redress grave human rights violations be subjected to the same legal contestations as other unilateral sanctions? What potential contribution can the recently formulated doctrine of Common Concern of Humankind make by introducing substantive and procedural prerequisites to legitimise unilateral human rights sanctions? Unilateral Sanctions in International Law and the Enforcement of Human Rights by Iryna Bogdanova addresses these complex questions while taking account of the burgeoning state practice of employing unilateral economic sanctions.
Global Canons in an Age of Contestation
Comparative constitutionalism emerged in its current form against the backdrop of the fall of the Berlin Wall and the end of the Cold War. As that backdrop recedes into the past, it is being replaced by a more multi-polar and confusing world, and the current state of the discipline of comparative constitutionalism reflects this fragmentation and uncertainty. This has opened up space for new, more varied, and increasingly critical voices seeking to improve the project of democratic constitutionalism. But it also raises questions: What of the past, if anything, is worth preserving? Which more recent parts should be defining of the field? In this context, this book asks which are - or should be...
The UN Convention on the Rights of Persons with Disabilities
This volume is a systematic commentary on the Convention on the Rights of Persons with Disabilities (CRPD), and includes analysis of its Optional Protocol. It provides an authoritative discussion on the CRPD and is a definitive resource tool for use in litigation as well as in formulating policy at the domestic and international levels.
Research Handbook on EU Disability Law
This Research Handbook comes at an opportune time, and provides a comprehensive and wide-ranging exploration of relevant developments concerning disability rights at EU level. It also looks beyond the EU, focusing on how disability has been relevant in EU external relations. In addition, the Research Handbook considers the interface between EU disability law and Council of Europe law.
Yearbook of International Humanitarian Law - 2010
The world's only annual publication devoted to the study of the laws of armed conflict, the Yearbook of International Humanitarian Law provides a truly international forum for high-quality, peer-reviewed academic articles focusing on this highly topical branch of international law. Ease of use of the Yearbook is guaranteed by the inclusion of a detailed index. Distinguished by its topicality and contemporary relevance, the Yearbook of International Humanitarian Law bridges the gap between theory and practice and serves as a useful reference tool for scholars, practitioners, military personnel, civil servants, diplomats, human rights workers and students.
