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Courts and Social Transformation in New Democracies
Using case studies drawn from Latin America, Africa, India and Eastern Europe, this volume examines the role of courts as a channel for social transformation for excluded sectors of society in contemporary democracies. With a focus on social rights litigation in post-authoritarian regimes or in the context of fragile state control, the authors assess the role of judicial processes in altering (or perpetuating) social and economic inequalities and power relations in society. Drawing on interdisciplinary expertise in the fields of law, political theory, and political science, the chapters address theoretical debates and present empirical case studies to examine recent trends in social rights litigation.
The Latin American Casebook
Traditionally relegated because of political pressure and public expectations, courts in Latin America are increasingly asserting a stronger role in public and political discussions. This casebook takes account of this phenomenon, by offering a rigorous and up-to-date discussion of constitutional adjudication in Latin America in recent decades. Bringing to the forefront the development of constitutional law by Latin American courts in various subject matters, the volume aims to highlight a host of creative arguments and solutions that judges in the region have offered. The authors review and discuss innovative case law in light of the countries’ social, political and legal context. Each chapter is devoted to a discussion of a particular area of judicial review, from freedom of expression to social and economic rights, from the internalization of human rights law to judicial checks on the economy, from gender and reproductive rights to transitional justice. The book thus provides a very useful tool to scholars, students and litigants alike.
The Politics of Cocaine
Drawing on declassified documents and extensive firsthand research, The Politics of Cocaine takes a hard look at the role the United States played in creating the drug industry that thrives in Central and South America. Author William L. Marcy contends that by conflating anti-Communist and counternarcotics policies, the United States helped establish and strengthen the drug trade as the area's economic base. Increased militarization, destabilization of governments, uncontrollable drug trafficking, more violence, and higher death tolls resulted. Marcy explores how the counternarcotics policies of the 1970s collapsed during the 1980s when economic calamity, Andean guerrilla insurgencies, and R...
The Transition will be Televised
Dieses Werk untersucht die Spuren, die der Friedenprozess mit der Guerrilla FARC-EP in der kolumbianischen Fernsehfiktion hinterlassen hat. Dazu ergründet es das Phänomen kolumbianischer Versöhnungstelenovelas, welche untrennbar mit dem nationalen Transitional Justice Prozess verknüpft sind. Gestützt auf Analysen der Telenovelas und Expert:innen-Interviews wird das Versöhnungspotential der Telenovelas beleuchtet und werden Chancen und Risiken ausgelotet, die aus der Nutzung von massenmediierten Formaten der Popkultur in Friedensprozessen erwachsen. Die Telenovelas, die vorschnell als seichte Unterhaltung abgetan werden könnten, stellen sich als integraler Bestandteil des kolumbianischen Transitional Justice Strategie heraus.
Research Handbook on Transitional Justice
Providing a refreshing take on transitional justice, this second edition Research Handbook brings together an expanse of scholarly expertise to reconsider how societies deal with gross human rights violations, structural injustices and mass violence. Contextualised by historical developments, it covers a diverse range of concepts, actors and mechanisms of transitional justice, while shedding light on new and emerging areas in the field.
Palliative Care
This report compiles the results of a research project aimed at describing the current palliative care situation in eight Latin American countries. The project’s general objective—to raise awareness and influence public policy around the need to approach palliative care from a human rights perspective—was achieved through rapprochement among professionals from various fields in the region, which in and of itself is a key step forward in terms of bringing together communities that defend patients’ rights with communities that advocate a drug policy embracing a public health focus. We hope that this diagnostic report is useful for professional associations, health professionals, patients’ rights advocates, drug policy reform activists, and decision makers, who can rely on its findings to better integrate palliative care into general health services and to use human rights language to promote public policy reform and guarantee the human rights of those in the Americas who suffer from severe and chronic pain.
Jus Post Bellum
Jus Post bellum: Restraint, Stabilisation and Peace seeks to answer the question “is restraint in war essential for a just and lasting peace”? With a foreword by Professor Brian Orend who asserts this as “a most commendable subject” in extending Just War Theory, the book contains chapters on the ethics of war-fighting since the end of the Cold War and a look into the future of conflict. From the causes of war, with physical restraint and reconciliation in combat and political settlement, further chapters written by expert academics and military participants cover international humanitarian law, practicalities of the use of force and some of the failures in achieving safe and lasting peace in modern-day theatres of conflict.
The Human Right to Science
The Human Right to Science offers a thorough and systematic analysis of the right to science in all of its critical aspects. Authored by experts in international law and science policy, the book meticulously explores the right's origins, development, and normative content. In doing so, it uncovers previously unarticulated entitlements and obligations, offering new insights on human rights interconnections.
From Parchment to Practice
Asks how the 'parchment' promises of a written constitution are translated into political practice, working through the many problems of constitutional implementation after adoption.
