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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.
Human Rights in the World Community
Designed for educational use in international relations, law, political science, economics, and philosophy classes, Human Rights in the World Community treats the full range of human rights issues, including implementation problems and processes involving international, national, and nongovernmental action. Now with online appendices.
Religion, Human Rights and International Law
Freedom of religion is a subject, which has throughout human history been a source of profound disagreements and conflict. In the modern era, religious-based intolerance continues to provide lacerative and tormenting concern to the possibility of congenial human relationships. As the present study examines, religions have been relied upon to perpetuate discrimination and inequalities, and to victimise minorities to the point of forcible assimilation and genocide. The study provides an overview of the complexities inherent in the freedom of religion within international law and an analysis of the cultural-religious relativist debate in contemporary human rights law. As many of the chapters examine, Islamic State practices have been a major source of concern. In the backdrop of the events of 11 September 2001, a considerable focus of this volume is upon the Muslim world, either through the emergent State practices and existing constitutional structures within Muslim majority States or through Islamic diasporic communities resident in Europe and North-America.
Sharia, Muslim States and International Human Rights Treaty Obligations
This research - undertaken from a comparative perspective with a view to identifying any patterns followed by Islamic countries in making declarations and reservations to the main international human rights treaties - measures and analyzes to what extent Sharia affects the ratification and implementation of human rights norms by Muslim States. An analysis of the various roles of Sharia reveals different approaches in the use of Islamic considerations by Muslim States. At an international level, Sharia has always been used upon the ratification of international human rights treaties to limit the scope of the State's engagement. Internally, however, some recent examples of legislative amendments and judicial activities demonstrate that Sharia is and can be used to achieve a better translation of human rights norms into domestic practice.
Terrorism, Rights and the Rule of Law
The rule of law is becoming a victim of the struggle against terrorism. Many countries are reviewing their security procedures and questioning whether due process rights hinder them in the war on terror. There is increasing emphasis on preventive detention or strategies of disablement that cut into the liberties of suspects who may not have committed a crime. The focus of this book is the Republic of Ireland, where the risk of political violence has constantly threatened the Irish state. To ensure its survival, the state has resorted to emergency laws that weaken due process rights. The effects of counter-terrorism campaigns upon the rule of law governing criminal justice in Ireland are a ce...
Indigenous Peoples and Ethnic Minorities of Pakistan
Examines the issues facing indigenous peoples and ethnic minorities, including their role in the nation's constitutional and legal developments, and makes a number of recommendations which would satisfy their demands without compromising the sovereignty of the state.
Working Out
Addresses issues of concern in the area of women's studies, aiming to offer fresh perspectives on sexuality, paid work, the development process, equal opportunities legislation, lesbian history and women's writing. The book is also concerned with the politics and practice of women's studies.
The International Criminal Court and National Courts
This book analyzes the position of the ICC in relation to national court systems. The research illustrates that what seemed to be a straight forward relationship between the ICC and national courts under the complementarity mechanism, proves to be much more complex in practice. Using the referrals of Uganda and Darfur, the book demonstrates ways in which it might be possible to prosecute for crimes currently not prosecuted by the ICC and brings to light possible solutions to overcome the gaps in law and practice in the jurisdictional relation between the ICC and national systems. It will be of value to academics, students and policy-makers working in the area of international law, international organizations, and human rights.
Divorce and Democracy
This book captures the Indian state's difficult dialogue with divorce, mediated largely through religion. By mapping the trajectories of marriage and divorce laws of Hindu, Muslim, and Christian communities in post-colonial India, it explores the dynamic interplay between law, religion, family, minority rights and gender in Indian politics. It demonstrates that the binary frameworks of the private-public divide, individuals versus group rights, and universal rights versus legal pluralism collapse before the peculiarities of religious personal law. Historicizing the legislative and judicial response to decades of public debates and activism on the question of personal law, it suggests that the sustained negotiations over family life within and across the legal landscape provoked a unique and deeply contextual evolution of both, secularism and religion in India's constitutional order. Personal law, therefore, played a key role in defining the place of religion and determining the content of secularism in India's democracy.
Mothering, Time, and Antimaternalism
The book aims to broaden understanding of the diverse positions and meanings of motherhood by investigating understudied and marginalized mothers (rural itinerant, African American, and Irish Catholic American) between 1920 and 1960. Fuelled by anxieties around feminism, a perception of men’s loss of status and masculinity, racial tensions, and fears about immigration, "antimaternalism" discourse blamed mothers for a wide range of social ills in the first half of the 20th Century. Mothering, Time, and Antimaternalism considers the ideas, practices, and depictions of antimaternalism, and the ways that mothers responded. Religion, class, race, ethnicity, gender, and immigration status are all analysed as factors shaping maternal experience. The book develops the historical context of American motherhood between 1920 and 1960, examining how changing ideas – scientific motherhood, time efficiency, devaluation of domesticity, racial and religious bias - influenced the construction and experiences of motherhood. This is a fascinating and important book suitable for students and scholars in history, gender studies, cultural studies and sociology.
