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Human Rights and Drug Control: The False Dichotomy (Studies in International Law)
by Saul TakahashiIt has become almost accepted knowledge within international policy circles that efforts against drug trafficking and drug abuse violate human rights, and that the entire international drug control regime needs to be changed (or even discarded altogether) to adopt a more 'rights respecting' approach. Though this view has been promoted by many prominent figures and organisations, the author of this book uses his expertise in both human rights and drug control to show that the arguments advanced in this area do not stand close scrutiny. The arguments are in fact based on selective and questionable interpretations of international human rights standards, and on a general notion – more and more clearly stated – that there is a human right to take drugs, and that any effort to combat drug abuse by definition violates this right. There is no such right in international law, and the author objects to the misuse of human rights language as a marketing tool to bring about a 'back door' legalisation of drugs. Human rights issues must be addressed, but that in no way means that the international drug control regime must be discarded, or that efforts against drugs must be stopped.
Human Rights and Drug Control: The False Dichotomy (Studies in International Law #59)
by Saul TakahashiIt has become almost accepted knowledge within international policy circles that efforts against drug trafficking and drug abuse violate human rights, and that the entire international drug control regime needs to be changed (or even discarded altogether) to adopt a more 'rights respecting' approach. Though this view has been promoted by many prominent figures and organisations, the author of this book uses his expertise in both human rights and drug control to show that the arguments advanced in this area do not stand close scrutiny. The arguments are in fact based on selective and questionable interpretations of international human rights standards, and on a general notion – more and more clearly stated – that there is a human right to take drugs, and that any effort to combat drug abuse by definition violates this right. There is no such right in international law, and the author objects to the misuse of human rights language as a marketing tool to bring about a 'back door' legalisation of drugs. Human rights issues must be addressed, but that in no way means that the international drug control regime must be discarded, or that efforts against drugs must be stopped.
Human Rights and Empire: The Political Philosophy of Cosmopolitanism
by Costas DouzinasErudite and timely, this book is a key contribution to the renewal of radical theory and politics. Addressing the paradox of a contemporary humanitarianism that has abandoned politics in favour of combating evil, Douzinas, a leading scholar and author in the field of human rights and legal theory, considers the most pressing international questions. Asking whether there ‘is an intrinsic relationship between human rights and the recent wars carried out in their name?’ and whether ‘human rights are a barrier against domination and oppression or the ideological gloss of an emerging empire?’ this book examines a range of topics, including: the normative characteristics, political philosophy and metaphysical foundations of our age the subjective and institutional aspects of human rights and their involvement in the creation of identity and definition of the meaning and powers of humanity the use of human rights as a justification for a new configuration of political, economic and military power. Exploring the legacy and the contemporary role of human rights, this topical and incisive book is a must for all those interested in human rights law, jurisprudence and philosophy of law, political philosophy and political theory.
Human Rights and Empire: The Political Philosophy of Cosmopolitanism
by Costas DouzinasErudite and timely, this book is a key contribution to the renewal of radical theory and politics. Addressing the paradox of a contemporary humanitarianism that has abandoned politics in favour of combating evil, Douzinas, a leading scholar and author in the field of human rights and legal theory, considers the most pressing international questions. Asking whether there ‘is an intrinsic relationship between human rights and the recent wars carried out in their name?’ and whether ‘human rights are a barrier against domination and oppression or the ideological gloss of an emerging empire?’ this book examines a range of topics, including: the normative characteristics, political philosophy and metaphysical foundations of our age the subjective and institutional aspects of human rights and their involvement in the creation of identity and definition of the meaning and powers of humanity the use of human rights as a justification for a new configuration of political, economic and military power. Exploring the legacy and the contemporary role of human rights, this topical and incisive book is a must for all those interested in human rights law, jurisprudence and philosophy of law, political philosophy and political theory.
Human Rights and Foreign Policy: Principles and Practice (Southampton Studies in International Policy)
by Dilys M. HillThis is an exploration of the moral and pragmatic dilemmas involved in the relationships between states in an era of change, derived from a workshop held by the Centre for International Policy Studies. The concern of those present was to examine human rights in the contemporary world.
Human Rights And Gender Violence: Translating International Law Into Local Justice
by Sally Engle MerryHuman rights law and the legal protection of women from violence are still fairly new concepts. As a result, substantial discrepancies exist between what is decided in the halls of the United Nations and what women experience on a daily basis in their communities. Human Rights and Gender Violence is an ambitious study that investigates the tensions between global law and local justice. As an observer of UN diplomatic negotiations as well as the workings of grassroots feminist organizations in several countries, Sally Engle Merry offers an insider's perspective on how human rights law holds authorities accountable for the protection of citizens even while reinforcing and expanding state power. Providing legal and anthropological perspectives, Merry contends that human rights law must be framed in local terms to be accepted and effective in altering existing social hierarchies. Gender violence in particular, she argues, is rooted in deep cultural and religious beliefs, so change is often vehemently resisted by the communities perpetrating the acts of aggression. A much-needed exploration of how local cultures appropriate and enact international human rights law, this book will be of enormous value to students of gender studies and anthropology alike.
Human Rights and Healthcare
by Elizabeth WicksHuman Rights and Healthcare looks at medical law from a human rights perspective. Almost all issues traditionally taught under a "medical law" label have significant human rights issues inherent within them. This book is unique in bringing those human rights implications to the fore. The rights at issue include established fundamental rights such as the right to life; the right to respect for a private life; and the right to physical integrity, as well as more controversial "rights" such as a "right to reproduce" and a "right to die". The human rights perspective of this book enables new light to be cast upon familiar medico-legal cases and issues. As such the book provides a genuine merging of human rights law and medical law and will be of value to all students and academics studying medical law, as well as to those interested in the broader issues raised by the growing human rights culture within the UK and worldwide.
Human Rights and Human Nature (Ius Gentium: Comparative Perspectives on Law and Justice #35)
by Marion Albers Thomas Hoffmann Jörn ReinhardtThis book explores both the possibilities and limits of arguments from human nature in the context of human rights. Can the concept of human nature provide a basis for understanding fundamental rights? Is it plausible to justify the claim to universal validity of human rights by reference to human nature? Or does the idea of human rights in its modern, post-1945 manifestation go, in essence, beyond human nature? The essays in this volume introduce naturalistic positions and their concomitant critiques. They address the role that human nature both actually does and potentially may play in forming a foundation for and acting as an exemplification of fundamental rights. Beyond that, they give attention to the challenges caused by Life Sciences. Human nature itself is subject to transformation and transgression in an unprecedented manner. The essays reflect on issues such as reproduction, species manipulation, corporeal autonomy and enhancement. Contributors are jurists, philosophers and political scientists from Germany, Switzerland, Turkey, Poland and Japan.
Human Rights and Human Well-Being (Oxford Political Philosophy)
by William J. TalbottIn the last half of the twentieth century, legalized segregation ended in the southern United States, apartheid ended in South Africa, women in many parts of the world came to be recognized as having equal rights with men, persons with disabilities came to be recognized as having rights to develop and exercise their human capabilities, colonial peoples' rights of self-determination were recognized, and rights of gays and lesbians have begun to be recognized. It is hard not to see these developments as examples of real moral progress. But what is moral progress? In this book, William Talbott offers a surprising answer to that question. He proposes a consequentialist meta-theoretical principle of moral and legal progress, the "main principle", to explain why these changes are examples of moral and legal progress. On Talbott's account, improvements to our moral or legal practices are changes that, when evaluated as a practice, contribute to equitably promoting well-being. Talbott uses the main principle to explain why almost all the substantive moral norms and principles used in moral or legal reasoning have exceptions and why it is almost inevitable that, no matter how much we improve them, there will always be more exceptions. This explanation enables Talbott to propose a new, non-skeptical understanding of what has been called the "naturalistic fallacy". Talbott uses the main principle to complete the project begun in his 2005 book of identifying the human rights that should be universal-that is, legally guaranteed in all human societies. Talbott identifies a list of fourteen robust, inalienable human rights. Talbott contrasts his consequentialist (though not utilitarian) account with many of the most influential nonconsequentialist accounts of morality and justice in the philosophical literature, including those of Ronald Dworkin, Jurgen Habermas, Martha Nussbaum, Phillip Pettit, John Rawls, T.M. Scanlon, Amartya Sen, Judith Thomson.
Human Rights and Humanity’s Rights During Year Three of the French Revolution
by Eduardo BakerThis book explores the constitutional debates of the Year 3 of the French Revolution (also known as Year 1 of the French Republic) and the drafts for the Declaration and the Constitution of 1793. It presents the revolutionaries’ distinct view on human rights and the rights of the peoples, as well as their philosophical underpinnings. After discussing how contemporary legal history and theory, and political philosophy approached the revolutionary period, the book tackles the main topics covered during the debates and proposals. Starting with the issue of external relations and the sovereignty of the people and ending with natural rights and Republicanism, this book shows how apparently technical questions (such as what procedure should be implemented to declare a war) are intertwined with philosophical reflections on rights and with problems that were urgent at the time.
Human Rights and International Humanitarian Law: Challenges Ahead (The Association of Human Rights Institutes series)
Where contemporary developments have significantly altered the implementation methods of, and relationship between, human rights law and international humanitarian law, this timely book looks at the future challenges of protecting human rights during and after armed conflicts. Leading scholars use critical case studies to shed light on new approaches used by international courts and experts to balance these two bodies of law.
Human Rights and Islam: An Introduction to Key Debates between Islamic Law and International Human Rights Law (Elgar Studies in Human Rights #3)
by Abdullah SaeedIs 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 in support of human rights. He identifies those that are compatible with international human rights law and can be garnered to promote and protect human rights in Muslim-majority states. Relying on significant texts in the Qur’an and hadith, early juristic discourses and modern Islamic scholarship, Saeed explains the compatibilities and incompatibilities between Islamic law and international human rights law. He also deals separately with a number of specific rights that are usually considered somewhat incompatible with Islamic law, such as the rights of women and children, freedom of expression and religion and jihad and the laws of war. Each chapter also contains a case to allow readers to look more closely at issues of relevance. 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. Students of Islamic law, human rights and Islam in the modern period will appreciate this challenging but accessible look at an important topic.
Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? (Hart Studies in Comparative Public Law)
by Janina BougheyIt is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.
Human Rights and Judicial Review in Australia and Canada: The Newest Despotism? (Hart Studies in Comparative Public Law #16)
by Janina BougheyIt is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and have been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier among common law jurisdictions in having neither a statutory nor a constitutional framework to expressly protect human rights explains why Australia alone continues to take an apparently 'formalist', 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all these claims remain just that – there has been limited detailed analysis of the issue, and no detailed comparative analysis of the veracity of the claims. This book analyses in detail the interaction between administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles including the rule of law, parliamentary sovereignty and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights.
Human Rights and Legal Services for Children and Youth: Global Perspectives
by Asha Bajpai David W. Tushaus Mandava Rama Krishna PrasadThis book discusses legal services clinics and various other access-to-justice initiatives that are established to protect and represent the rights and interests of children and youth in several countries across the globe. These could include legal services or access-to-justice clinics run by government or universities or community. The book has contributions from academicians, lawyers, researchers and legal professionals from several counties including India, UK, USA, Brazil, Australia, Indonesia, Poland, and Spain, which discuss how they represent children and youth in their countries. The book looks at how these access-to-justice initiatives currently provide assistance, what are the child friendly justice procedures they use, and best practices that can be replicable in other jurisdictions. The chapters contain findings of field research studies, some case studies, and models related to these topics. There are recommendations on ways to strengthen access-to-justice and legal services for empowering children and youth. The main goal is to create a resource for readers who want to expand child advocacy opportunities in their own universities and communities. The reader may also learn how to conduct legislative advocacy and case law advocacy to improve laws in other jurisdictions; and take-away best and replicable initiatives. The practices could be adaptable by other clinics and countries. The book will be useful to child rights advocates and defenders, students of law, legal researchers, civil society organizations, legal services authorities, legal aid institutions, educational institutions, school authorities, juvenile justice authorities, clinical legal educators, justice educators, justice practitioners and law and policy makers.
Human Rights and Ocean Governance: The Potential of Marine Spatial Planning in Europe
by Mara NtonaThis book argues for the utility of human rights in the practice of ocean governance. Maritime spatial planning (MSP) has become the dominant marine management paradigm, with MSP frameworks already at various stages of elaboration and implementation in more than half of all coastal states. However, as experience with MSP accrues, a central systemic shortcoming has become apparent, insofar as the normative frameworks that underpin MSP tend to be grounded in a rationalistic and economistic worldview. The result is a post-political, neoliberal approach to the implementation of MSP, which favours technocratic ‘fixes’ to complex societal problems over efforts to address underlying issues of power and inequality. Building upon the new field of critical MSP studies, this book offers a much-neglected legal contribution. More specifically, it analyses the extent to which law, and particularly human rights law, can be utilised to meaningfully challenge the unjust patterns of human-ocean interaction that MSP preserves or creates, and so provide a vehicle for the formulation and realisation of transformative blue futures. The book looks to human rights as norms that are uniquely capable of bringing into relief the values, cause-and-effect relationships, and uncertainties that prevailing capitalist-industrial framings of the ocean tend to downplay or, worse, disregard. And so, from a more pragmatic viewpoint, the book argues that the policy and advocacy tools associated with human rights can be used within MSP processes to foster patterns of human-ocean interaction which are more conducive to social and environmental justice. This book will be of interest to legal and planning scholars, geographers, and others concerned with ocean governance and the ‘blue turn’ in the social sciences and humanities more generally.
Human Rights and Ocean Governance: The Potential of Marine Spatial Planning in Europe
by Mara NtonaThis book argues for the utility of human rights in the practice of ocean governance. Maritime spatial planning (MSP) has become the dominant marine management paradigm, with MSP frameworks already at various stages of elaboration and implementation in more than half of all coastal states. However, as experience with MSP accrues, a central systemic shortcoming has become apparent, insofar as the normative frameworks that underpin MSP tend to be grounded in a rationalistic and economistic worldview. The result is a post-political, neoliberal approach to the implementation of MSP, which favours technocratic ‘fixes’ to complex societal problems over efforts to address underlying issues of power and inequality. Building upon the new field of critical MSP studies, this book offers a much-neglected legal contribution. More specifically, it analyses the extent to which law, and particularly human rights law, can be utilised to meaningfully challenge the unjust patterns of human-ocean interaction that MSP preserves or creates, and so provide a vehicle for the formulation and realisation of transformative blue futures. The book looks to human rights as norms that are uniquely capable of bringing into relief the values, cause-and-effect relationships, and uncertainties that prevailing capitalist-industrial framings of the ocean tend to downplay or, worse, disregard. And so, from a more pragmatic viewpoint, the book argues that the policy and advocacy tools associated with human rights can be used within MSP processes to foster patterns of human-ocean interaction which are more conducive to social and environmental justice. This book will be of interest to legal and planning scholars, geographers, and others concerned with ocean governance and the ‘blue turn’ in the social sciences and humanities more generally.
Human Rights and Personal Self-Defense in International Law
by Jan Arno HessbrueggeWhile an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights practitioner and scholar, Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. Human rights also establish parameters on how broad or narrow the laws can be drawn on self-defense between private persons. Setting out the prevailing international standards, the book critically examines the ongoing trend to excessively broaden self-defense laws. It also refutes the claim that there is a human right to possess firearms for self-defense purposes. In extraordinary circumstances, the right to personal self-defence sharpens human rights and allows people to defend themselves against the state. Here the author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.
Human Rights and Personal Self-Defense in International Law
by Jan Arno HessbrueggeWhile an abundance of literature covers the right of states to defend themselves against external aggression, this is the first book dedicated to the right to personal self-defense in international law. Drawing on his extensive experience as a human rights practitioner and scholar, Dr. Hessbruegge sets out in careful detail the strict requirements that human rights impose on defensive force by law enforcement authorities, especially police killings in self-defense. The book also discusses the exceptional application of the right to personal self-defense in military-led operations, notably to contain violent civilians who do not directly participate in hostilities. Human rights also establish parameters on how broad or narrow the laws can be drawn on self-defense between private persons. Setting out the prevailing international standards, the book critically examines the ongoing trend to excessively broaden self-defense laws. It also refutes the claim that there is a human right to possess firearms for self-defense purposes. In extraordinary circumstances, the right to personal self-defence sharpens human rights and allows people to defend themselves against the state. Here the author establishes that international law gives individuals the right to forcibly resist human rights violations that pose a serious risk of significant and irreparable harm. At the same time, he calls into question prevailing state practice, which fails to recognize any collective right to organized armed resistance even when it constitutes the last resort to defend against genocide or other mass atrocities.
Human Rights and Populism
by Jolyon FordFor decades, framing an issue as a ‘human rights’ issue carried certain power and effect in politics and international relations, one that has been challenged by the recent rise of populist political forces. Ford explores the recent impact of populist politics on the universalist human rights project, in particular, how scholars have framed and responded to this challenge. Ford offers a provocation to the human rights movement. Rather than ‘what have populists done to human rights?’, it asks ‘how did we, the human rights movement, do this to ourselves?’ How did fundamental protections for all become so easily scapegoated as ‘us and them,’ as claims of small, often foreign, minorities? Did human rights lose some vital connection to ordinary people’s interests, their value taken as obvious and self-explanatory? Looking forward, the book asks how – in a post-truth ‘fake news’ world – we might reimagine human rights as underpinning human flourishing as well as important constraints on public and private concentrations of power. Traversing relevant scholarly literature on the future of human rights and zooming out to look at wider patterns of political and diplomatic discourse, this book will speak to policymakers, diplomats, journalists, and human rights advocates – and all interested in the crisis of liberal democracies.
Human Rights and Populism
by Jolyon FordFor decades, framing an issue as a ‘human rights’ issue carried certain power and effect in politics and international relations, one that has been challenged by the recent rise of populist political forces. Ford explores the recent impact of populist politics on the universalist human rights project, in particular, how scholars have framed and responded to this challenge. Ford offers a provocation to the human rights movement. Rather than ‘what have populists done to human rights?’, it asks ‘how did we, the human rights movement, do this to ourselves?’ How did fundamental protections for all become so easily scapegoated as ‘us and them,’ as claims of small, often foreign, minorities? Did human rights lose some vital connection to ordinary people’s interests, their value taken as obvious and self-explanatory? Looking forward, the book asks how – in a post-truth ‘fake news’ world – we might reimagine human rights as underpinning human flourishing as well as important constraints on public and private concentrations of power. Traversing relevant scholarly literature on the future of human rights and zooming out to look at wider patterns of political and diplomatic discourse, this book will speak to policymakers, diplomats, journalists, and human rights advocates – and all interested in the crisis of liberal democracies.
Human Rights and Private International Law (Oxford Private International Law Series)
by James J. Fawcett Máire Ní Shúilleabháin Sangeeta ShahExamining the impact, both actual and potential, of human rights concerns on private international law as well as the oft overlooked topic of the impact of private international law on human rights, this work represents an invaluable resource for all those working or conducting research in these areas. Human Rights and Private International Law is the first title to consider and analyse the numerous English private international law cases discussing human rights concerns arising in the commercial law context, alongside high profile cases dealing with torture (Jones v. Kingdom of Saudi Arabia) and same sex marriage (Wilkinson v Kitzinger).The right to a fair trial is central to the intersection between human rights and private international law, and is considered in depth along with the right to freedom of expression; the right to respect for private and family life; the right to marry; the right to property; and the prohibition of discrimination on the ground of religion, sex, or nationality. Focussing on, though not confined to, the human rights set out in the ECHR, the work also examines the rights laid down under the EU Charter of Fundamental Rights and other international human rights instruments.
Human Rights and Private International Law (Oxford Private International Law Series)
by James J. Fawcett Máire Ní Shúilleabháin Sangeeta ShahExamining the impact, both actual and potential, of human rights concerns on private international law as well as the oft overlooked topic of the impact of private international law on human rights, this work represents an invaluable resource for all those working or conducting research in these areas. Human Rights and Private International Law is the first title to consider and analyse the numerous English private international law cases discussing human rights concerns arising in the commercial law context, alongside high profile cases dealing with torture (Jones v. Kingdom of Saudi Arabia) and same sex marriage (Wilkinson v Kitzinger).The right to a fair trial is central to the intersection between human rights and private international law, and is considered in depth along with the right to freedom of expression; the right to respect for private and family life; the right to marry; the right to property; and the prohibition of discrimination on the ground of religion, sex, or nationality. Focussing on, though not confined to, the human rights set out in the ECHR, the work also examines the rights laid down under the EU Charter of Fundamental Rights and other international human rights instruments.
Human Rights and Public Finance: Budgets and the Promotion of Economic and Social Rights
by Aoife Nolan Rory O'Connell Colin HarveyThis edited collection addresses some of the most important challenges in contemporary human rights law and practice. Its central theme is the linkage between public finance, particularly budget decisions, and the realisation (or not) of economic and social rights. While much academic and political debate on economic and social rights implementation has focused on the role of the courts, this work places the spotlight squarely on those organs of government that have the primary responsibility and the greatest capacity for giving effect to such rights: namely, the elected branches of government. The major actors considered in this book are politicians, public servants and civil society, with their role in realising economic and social rights the work's key focus. The book thus makes a crucial contribution to remedying the current imbalance in attention paid by economic and social rights scholars to the legislature and executive vis-a-vis the judiciary. Featuring pioneering work by leading experts in the field of human rights and public finance, this multidisciplinary collection will be of great interest to academics, practitioners, public servants and students working in the areas of law, human rights, economics, development and political science.