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Mixed Blessings

Laws, Religions, and Women's Rights in the Asia-Pacific Region

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Edited by Amanda Whiting and Carolyn Evans

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Claire Breen

One of the aims of the United Nations Convention on the Rights of the Child is to accord due recognition to the fact that 'the child, by reason of his phsyical and mental immaturity, needs special safeguards and care, including appropriate legal protection, before as well as after birth'.
However, a question mark hangs over the extent to which 'special safeguards and care' can negatively impact on the rights of the child and result in discrimination against the child in the guise of 'his physical and mental immaturity'. This volume explores the extent to which children's rights are secured at the national level; and the reasons why children's rights have or have not been recognised and secured by various states at the level of domestic law. It also explores the difficulties inherent in the accordance of rights to children in order to ascertain whether they do in fact derive from the particular nature of children or whether they mask a reluctance of states to fulfil their domestic and international rights obligations to children, and whether such reluctance constitutes 'discrimination against children'. The volume thus explores the theoretical and legal underpinnings of gender and race discrimination, at both the domestic and international level, and examines the extent to which these may be applied to the area of children's rights.

Human Rights and Refugees, Internally Displaced Persons and Migrant Workers

Essays in Memory of Joan Fitzpatrick and Arthur Helton

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Edited by Anne Bayefsky

An extraordinary volume with 28 of the world's leading refugee and human rights scholars and advocates in a wide-ranging examination of the major issues in the field today: the theoretical challenges of international protection; lessons learned from the field including Afghanistan, Iraq and Sudan; jurisprudential responses from courts and treaty bodies on the rights and responsibilities of protection; due process issues from Europe, Canada and the United States, and the special needs of migrant workers. The book brings together a unique group of experts including UNHCR officials, legal academics and practitioners, and uniquely tackles these crucial subjects from the perspectives of theory, legal practice, and advocacy.

The Protection of the Right to Education by International Law

Including a Systematic Analysis of Article 13 of the International Covenant on Economic, Social and Cultural Rights

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Klaus Dieter Beiter

A trend has emerged of not defining education as a “human right” anymore, but of rather calling it a “human need”. This has paved the way for an ever increasing commercialisation of education, excluding the poor from access to education. A problem at a different level is that states often do not know what is expected of them when realising the right to education as protected by international law. This relates to the complex nature of this right, which is simultaneously a civil and political and an economic, social and cultural right. This book seeks to affirm education as a “human right” and to describe the various state duties flowing from the right to education. It refers to the provisions on the right to education found in instruments of international law and systematically analyses article 13 of the International Covenant on Economic, Social and Cultural Rights. The book is of interest to students, teachers, researchers, legal practitioners and state and international officials dealing with international human rights law.

State Continuity and Nationality: The Baltic States and Russia

Past, Present and Future as Defined by International Law

Ineta Ziemele

The International Law Commission, when drafting articles on nationality of persons in situations of State succession, omitted cases of unlawful territorial changes. These do not result in State succession; they may be dealt with under the rubric of State continuity. The Baltic – Russian cases show the particularly complex nature of these situations, both as concerns agreement on continuity and decisions on nationality. The author examines in detail the Citizenship Laws of the Baltic States and Russia, as well as relevant constitutional and international statements about the international legal status of the States and responses of the international community thereto. The main question addressed in the book is about solutions which States have to adopt concerning nationality of individuals in situations of State continuity, especially where States re-emerge after long years of occupation. Although the book is specific in its origin, it is of general importance because it draws conclusions concerning developments in law and practice which are relevant for a better understanding and regulation of nationality and statehood in international law.

Edited by Christopher Eisgruber

The rise of international human rights during the last half of the twentieth century has transformed traditional notions of sovereignty. No longer is international law concerned almost exclusively with external relations among states and their representatives. Now, it imposes substantial restrictions on the domestic affairs of states and protects ordinary persons against mistreatment by their own government. The change came about in response to the Holocaust and the century’s other great tragedies. Few doubt its value. Nevertheless, power exercised in the name of human rights can be misused or abused. As human rights institutions matured, and as international organizations intervened more vigorously on a global scale, human rights advocates and their critics worried about whether quests to vindicate supposedly universal human rights might sometimes impose western, first-world norms on cultures that did not want them. In this volume, internationally noted scholars collaborate to address issues about human rights and local culture from philosophical, legal, anthropological and sociological perspectives. Their essays focus on topics including self-determination, religion, truth & reconciliation commissions, and sexual mores.

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Edited by Bertie G. Ramcharan

The implementation of economic, social and cultural rights is a most pressing item on the international human rights agenda. Millions of people go without food, health, shelter, education, work, social security, not because the resources are unavailable to provide for these basic human rights, but because societies are badly governed, or democracy is lacking, or the rule of law is absent, or simply because there is a failure of understanding about how to go about the practical implementation of these rights. In the discussion of this issue and about the implementation of economic, social and cultural rights generally, it is sometimes heard that economic, social and cultural rights are rights of progressive application not capable of judicial determination. This volume seeks to bring together, for the first time, a collection of documents and case-law from different parts of the world, which shows the Courts at work in providing judicial protection of economic, social and cultural rights. One conclusion stands out from these cases: the courts do have a role to play in providing judicial protection of these rights; as the decisions reproduced in this volume make clear: the era of justiciability of economic, social and cultural rights has arrived.

Achieving Peace or Protecting Human Rights?

Conflicts between Norms Regarding Ethnic Discrimination in the Dayton Peace Agreement

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Gro Nystuen

”Achieving peace or protecting human rights? Conflicts between norms regarding ethnic discrimination in the Dayton Peace Agreement” examines some of the legal issues pertaining to international settlements aiming at ending a war, finding political common ground between bitter enemies, and at the same time, protecting individual human rights. The author examines the Dayton Peace Agreement for Bosnia and Herzegovina, and in particular the constitutional framework which on the one hand secures everyone’s human rights and protection from ethnic discrimination, but on the other hand sets up a political system which in fact discriminates on the basis of ethnicity. The author argues that it might have been consistent with international law (particularly the legal regimes of derogation and necessity) to agree on such a constitutional system at the time of the Dayton negotiations because the alternative was a high risk of continued war, but that a constitutional arrangement with clear human rights deficiencies should have been made temporary. The author points out that the ethnically-based constitutional system, for the time being, seems to prevail at the expense of the right to non-discrimination, and discusses various possibilities of altering this situation.

Human Rights and Migrant Domestic Work

A Comparative Analysis of the Socio-Legal Status of Filipina Migrant Domestic Workers in Canada and Hong Kong

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Maria Deanna P. Santos

On a general level, this research project concerns ways in which the domestic and international laws relating to the situation of migrant domestic workers (MDWs) are shaped by broader socio-political and economic factors. More specifically, this dissertation examines the human rights situation of Filipina MDWs who participate in Canada’s Live-in Caregiver Program (LCP). It attempts to meet these objectives, in part, by undertaking a limited comparison of the situation of these Filipina MDWs and the Filipina MDWs in Hong Kong. The comparison is meant to further test and validate the arguments and proposals presented in this dissertation regarding the socio-legal status of Filipina MDWs under Canada’s LCP. This is done through an analysis of existing data on Filipina MDWs, and a consideration of the ways in which the relevant laws and policies in these two jurisdictions affect, create and/or perpetrate the status quo in this area of social life.
The main explanatory theoretical framework that is deployed is the Third World Approaches to International Law (the TWAIL theory).

Jeanne Woods and Hope Lewis

Special adoption price: $95.00/copy, 10 or more

At a time of great change, turmoil, and contradiction in international human rights law and politics, authors Jeanne M. Woods and Hope Lewis have responded to the growing need for a classroom text that focuses squarely on economic, social, and cultural rights—"the neglected step-children of the human rights family"—and their intimate inter-relationship to civil and political rights.

Students and instructors will find the results informative and provocative. Intended for use in law school, graduate, and undergraduate survey courses, as well as seminars on human rights, this book will be useful for teachers using both international and comparative approaches.

The text is divided into four accessible parts:

I. "Human Rights and the Global Marketplace: Discursive Themes" introduces the nature and scope of human rights discourse.

II. "International Instruments and Their Implementation" takes students through an array of international and regional human rights treaties that address economic, social, and cultural rights.

III. "Power, Politics, and Poverty: Structural Challenges to the Realization of Economic, Social, and Cultural Rights" addresses major controversies in, and barriers to, the realization of socio-economic and cultural rights.

IV. "Comparative Approaches" is valuable for international human rights, comparative law, and comparative constitutional law courses.

Throughout the book, the authors provide notes, questions, and further reading suggestions to stimulate classroom discussion, debate, and research. The volume also includes valuable appendices, with a bibliography of relevant texts and articles and a selection of NGOs that focus on these issues.

Published under the Transnational Publishers imprint.

Winner of the Notable Contribution in the Field of Human Rights Scholarship award at the US Human Rights Network National Conference in Chicago in April 2008