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While providing a substantive legal analysis of the links between human rights and counter-terrorism, this book provides the tools to successfully argue that a human rights approach does not undermine the fight against terrorism. Through practical examples, it shows that a State’s lack of respect for human rights hinders its fight against terrorism and can be counter-productive. The contributing experts represent a wide breadth of experience at the national and international levels, and bring their unique approach to each cross-cutting topic.
Forced migration in the 21st century is inextricably linked to three global developments: climate change, rapid urbanization and the lack of solutions faced by millions of forcibly displaced people. By adding a focus on the disciplines of history and philosophy, this erudite Handbook challenges narratives on forced migration and explains these contemporary challenges in a unique light.
Illustrated with case studies from across the globe, Contesting Human Rights provides an innovative approach to human rights, and examines the barriers and changing pathways to the full realisation of these rights. Presenting a thorough proposal for the reframing of human rights, the volume suggests that new opportunities at, and below, the state level, and creative pathways of global governance can help reconstruct human rights in the face of modern challenges.
The places in which refugees seek sanctuary are often as dangerous and bleak as the conditions they fled. In response, many travel within and across borders in search of safety. As part of these journeys, refugees are increasingly turning to courts to ask for protection, not from persecution in their homeland, but from a place of 'refuge'. This book is the first global and comparative study of 'protection from refuge' litigation, examining whether courts facilitate or hamper refugee journeys with a particular focus on gender. Drawing on jurisprudence from Africa, Europe, North America and Oceania, Kate Ogg shows that courts have transitioned from adopting robust ideas of refuge to rudimentary ones. This trajectory indicates that courts can play a powerful role in creating more just and equitable refugee protection policies, but have, ultimately, compounded the difficulties inherent in finding sanctuary, perpetuating global inequities in refugee responsibility and rendering refuge elusive.
Refugee Protection and Solidarity looks to define the duties that EU member states have towards each other in the field of refugee protection, employing analytical tools of normative political theory to bring moral clarity to a highly divisive debate on both principles and political feasibility. There is a discrepancy between the commitment to solidarity enshrined in EU law and the reality of asylum provision in the EU. The events related to the EU 'migration crisis' of 2015/16 have exposed this discrepancy and questioned the nascent notion of EU solidarity at its core. The book argues that the debate on distributive justice in the EU fails to consider refugee protection as a field in which distributive duties apply in ways similar to other domains such as social policy, as well as exploring what justifications states invoke to justify non-compliance with their duties. Eleonora Milazzo contends that, as currently framed, the debate on the ethics of refugee protection fails to account for the nature and effect of associational ties among states in relation to asylum provision, which is important for the assessment of responsibility shirking.
The 21st century demands expanding rights, as the established human rights regime is necessary but not sufficient. This project will analyze the global dynamics of the mobilization of new actors, claims, institutions and modes of accountability. Our multi-disciplinary, multi-method analysis draws from a full range of global experience, with balanced attention to civil-political and social-economic rights; from LBGT movements in the new Europe to campaigns for the right to food in India.
There are today some 60 million people who have fled their homes because of persecution and conflict. This is the highest number ever recorded. These people suffer exile that will likely last for years and even whole lifetimes-both present and future. The unprecedented scale and duration of forced displacement provide unsettling points of departure for the 2016 edition of The State of the World's Refugees. Covering the years since 2012, this volume is the seventh in a series of flagship publications by the Office of the United Nations High Commissioner for Refugees ('UNHCR'). This book draws upon expert analysis as well as UNHCR's direct experience to shed light on the root causes and conseq...
Is there a basis for human rights in Islam? Beginning with an exploration of what rights are and how the human rights discourse developed, Abdullah Saeed explores the resources that exist within Islamic tradition. He looks at those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. A number of rights are given specific focus, including the rights of women and children, freedom of expression and religion, as well as jihad and the laws of war. Human Rights and Islam emphasises the need for Muslims to rethink problematic areas of Islamic thought that are difficult to reconcile with contemporary conceptions of human rights.
If you listen to some politicians and voices in the media, you might well believe that asylum seekers are ‘illegal’. You might think that they should wait their turn in the so-called ‘queue’. You might think that they pose a potential threat to our national security, and that the government is right to keep them from our shores. Or you might take a humanitarian stance, believing that drastic border protection policies, though harsh in effect, are necessary to deter asylum seekers from endangering their lives on risky boat journeys to Australia. However logical these conclusions might seem, the problem is that they are based on widespread misunderstandings about why and how people see...
This ground-breaking book focuses on the ‘forgotten refugees’, detailing people with disabilities who have crossed borders in search of protection from disaster or human conflict. The authors explore the intersection between one of the oldest international human rights treaties, the 1951 Convention relating to the Status of Refugees, with one of the newest: the Convention on the Rights of Persons with Disabilities (CRPD). Drawing on fieldwork in six countries hosting refugees in a variety of contexts – Malaysia, Indonesia, Pakistan, Uganda, Jordan and Turkey – the book examines how the CRPD is (or should) be changing the way that governments and aid agencies engage with and accommodate persons with disabilities in situations of displacement. The timeliness of the book is underscored by the adoption in mid-2016 of the UN Charter on Inclusion of Persons with Disabilities in Humanitarian Action adopted at the World Humanitarian Summit.