Preliminary Material -- Chapter I. The Dimension and Purposes of Enforced Disappearance -- Chapter II. Overview of International Case Law on Enforced Disappearance -- Chapter III. The Existing International Legal Framework on Enforced Disappearance -- Chapter IV. The 2007 Convention and Its Main Legal Issues -- Conclusions -- Post Scriptum -- Text of the Convention for the Protection of All Persons from Enforced Disappearance -- Bibliography -- Index.
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This thoroughly updated and revised version of Gordon's classic history Woman's Body, Woman's Right, (originally published in 1976) is the only book to cover the entire history of birth control and the intense controversies about reproduction rights that have raged in the United States for more than 150 years. Arguing that reproduction control has always been central to women's status, Gordon shows how opposition to it has long been part of the conservative opposition to gender equality.
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1. Key concepts -- 2. Fairness -- 3. The legal framework -- 4. The ethical framework -- 5. Freedom and society -- 6. End of life decisions -- 7. Choices, capacity and competence -- 8. Responsibility and circumstances -- 9. Responsibility and blame -- 10. Crime, punishment and protection -- 11. Culture and difference -- 12. Confidentiality, information-sharing and openness -- 13. Organisations and individuals.
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This publication reproduces the new core universal human rights treaties in pocket-size. By issuing the latest core instruments in this format, the United Nations High Commissioner for Human Rights wishes to make them more accessible, in particular to government officials, civil society, human rights defenders, legal practitioners, scholars, individual citizens and others with an interest in human rights norms and standards.--Publisher's description
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Cover -- Foreword -- Introduction -- Chapter 1: Does the LGBTQ Community Enjoy Equal Rights? -- Overview: LGBTQ Rights Are Improving Around the World -- The LGBTQ Community Has Political Power -- LGBTQ Individuals Have Reasons to Cheer -- The LGBTQ Community Still Suffers from Injustices -- LGBTQ People Post Both Gains and Losses in Human Rights Worldwide -- LGBTQ People Are Not Safe in America -- Chapter 2: Does the Promotion of LGBTQ Rights Threaten the Freedom of Others? -- Overview: Rights for LGBTQ Americans May Threaten Religious Freedom -- LGBTQ Rights Threaten Some Americans -- LGBTQ Rights Threaten Businesses -- Businesses Owners Cannot Use Religion to Discriminate -- Tolerance Is Needed to Protect LGBTQ Rights and Religious Freedoms -- Chapter 3: Is Same-Sex Marriage a Human Right? -- Overview: Same-Sex Marriage Highlights Tension over Fundamental Rights -- Same-Sex Parents Should Have Marital Rights -- The State Should Not Be Involved in Marriages of Any Kind -- Same-Sex Marriage Threatens the Entire Human Rights Framework -- Traditional Marriage Promotes the Common Good -- Chapter 4: Do Transgender Individuals Deserve Special Protection? -- Overview: US Courts Debate the Difference Between Sex Equality and Gender Equality -- Transgender People Face High Rates of Workplace Discrimination -- Restrooms Are Dangerous Places for Transgender Students -- Transgender Students Are Protected by Title IX -- Transgender Restroom Laws Protect Citizens -- Organizations to Contact -- Bibliography -- Index
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The basics of the Somali piracy model -- Using juveniles to perform piratical acts -- International human rights law on the treatment of juvenile suspects -- International law on the use of child soldiers : an important parallel? -- Determining a suspect's age : when a bearded man states that he is fourteen -- Recent national prosecutions of juvenile suspects : European countries -- Recent national prosecutions of juvenile suspects: non-European nations (India, Malaysia, and the Seychelles) -- Prosecuting juvenile piracy suspects in the United States -- Recommendations for best practices regarding the prosecution of juvenile piracy suspects -- Conclusion
Families in Europe are increasingly shaped by the mobility of persons and multicultural backgrounds. This book is focusing on the protection of children in cross-border situations. What are the fundamental rights of children in transnational families, what is in their 'best interest', and how can their rights be safeguarded? There is much controversy on these rights and the accompanying uncertainty has resulted in considerable practical difficulties for those trying to implement them. In order to provide a clearer scope and insights into the nature of children's fundamental rights and their best interests, this book examines solutions provided by both EU and international law to the questions raised by the increasing incidence of transnational families as regards the protection of minors. It covers both substantive and conflict-of-laws rules. Differences in the substantive family laws of Member States still prevent an effective protection of the child or its family unit. This includes cases of migration, asylum, forced marriage, kafalah, but also rainbow families. Further, the role of human rights (mutual recognition of status and surrogacy agreements, adoption) and procedural rights (child abduction, Brussels II bis recast) in cross-border cases must be considered carefully. Fundamental Rights and the Best Interest of the Child in Transnational Families is a timely work on the implementation of the child's interests in the EU and covers the most relevant topics emerging from the rapid internationalisation of child and family law and from the increased mobility of families. Dr Elisabetta Bergamini is Associate Professor of International Law at the University of Udine, Italy. She teaches in and writes on international law, EU law and private international law, with particular emphasis on family law. From 2014 to 2016, she coordinated a Jean Monnet Module on European Family Law co-financed by the EU Commission. Dr Chiara Ragni is Associate Professor of International Law at the University of Milan, Italy, where she coordinated a Jean Monnet Module on European Family Law and Human Rights. Her main areas of expertise include private international family law, international criminal law and human rights law.
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Situations of mass refugee influx represent by their very size and urgency daunting evidence of human suffering and cruelty. Consequently, the level and quality of refugee protection in times of crisis is tested. The choices to be made have to take into due consideration the prevalent conditions and restraints. They will probably always result in compromises. The question is whom or what the compromises are about? The focus in the present volume has been set on a detailed examination of some legal preconceptions commonly found in situations of mass refugee in-migration. The author concludes that situations when refugees arrive en masse do not, as a rule, qualify as a public emergency that threatens the life of the nation under contemporary international human rights law, and that mass expulsion of refugees as an emergency measure is prohibited at all times when this entails the risk of violating rights immune to derogation
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Preliminary Material -- Chapter 1. The Setting -- Chapter 2. Introduction to the Law of Warfare -- Chapter 3. The Conference of Government Experts on the Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, 24 May - 12 June, 1971 -- Chapter 4. The Conference of Government Experts on the Reaffirmation and Development of InternationalHumanitarian Law Applicable in Armed Conflicts (Second Session), 3 May - 2 June, 1972 -- Chapter 5. The First Session of the Diplomatic Conference on Reaffirmation and Development of International Humanitarian Law Applicable in Armed Conflicts, Geneva, 20 February - 29 March 1974 -- Chapter 6. Applicability of Customary International Law in Non-international Armed Conflicts -- Chapter 7. The Conference of Government Experts on the Use of Certain Conventional Weapons, Lucerne, 24 September - 18 October, 1974 -- Chapter 8. The Conference of Government Experts on the Useof Certain Conventional Weapons, Second Session, Lugano, 28 January - 26 February, 1976 -- Chapter 9. The Diplomatic Conference on Reaffirmation andDevelopment of International Humanitarian LawApplicable in Armed Conflicts, Geneva, 1974 - 1977 -- Chapter 10. The Netherlands and International Humanitarian Law Applicable in Armed Conflicts -- Chapter 11. Development of Customary Law of Armed Conflict -- Chapter 12. Grotius' Jus in Bello, with Special Reference to Ruses of War and Perfidy -- Chapter 13. Incendiary Weapons: Legal and Humanitarian Aspects -- Chapter 14. The Soldier and His Golf Clubs -- Chapter 15. Conventional Weaponry: the Law from St. Petersburg to Lucerne and beyond -- Chapter 16. The Conventional Weapons Convention:Functions of Underlying Legal Principles -- Chapter 17. Prohibitions or Restrictions on the Use of Methods and Means of Warfare in the Gulf War, 1980 - 1988 -- Chapter 18. The Protection of Cultural Property in the Eventof Armed Conflict within the Framework of International Humanitarian Law -- Chapter 19. Bombardment: from "Brussels 1874" to "Sarajevo 2003" -- Chapter 20. The Position of Guerrilla Fighters under the Law of War -- Chapter 21. "Guerrilla" and "Terrorism" in Internal Armed Conflict -- Chapter 22. Guerrilla and Humanitarian Law: an Introduction -- Chapter 23. Assistance to the Victims of Armed Conflictsand Other Disasters -- Chapter 24. Non-Combatant Persons: a Comment to Chapter 11 of the Commander's Handbook on the Law of Naval Operations -- Chapter 25. Enemy Merchant Vessels as Legitimate Military Objectives -- Chapter 26. "Enemy Combatants" in American Hands: Are There Limits to the President's Discretion? -- Chapter 27. Implementation and Enforcement of International Humanitarian Law -- Chapter 28. Instructions for the Armed Forces -- Chapter 29. Individual Right to Claim Damages under Article 3 of Hague Convention IV:Expert Opinion, 1997 -- Chapter 30. Individual Right to Claim Damages under Article 3 of Hague Convention IV: Supplementary Expert Opinion, 1999 -- Chaper 31 the Undertaking to Respect and Ensure Respect in All Circumstances: from Tiny Seed to Ripening Fruit -- Chapter 32. Will International Humanitarian Law Protect Tomorrow's War Victims? -- Chapter 33. Reprisals in the CDDH -- Chapter 34. Belligerent Reprisals Revis.
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Intro -- Acknowledgements -- Contents -- 1: Introduction -- 1 Outline of Chapters -- References -- 2: Towards a Legal Framework on Internal Displacement in South Sudan -- 1 Introduction -- 2 Developing the Draft National Legislation -- 3 Opportunities Presented by the Legislation -- 4 Conclusion -- References -- 3: Mediating Protection of Forcibly Displaced Populations in the Frontlines of the Central African Republic -- 1 Introduction -- 2 The Forced Displacement Context -- 3 Mediating Humanitarian Access in the CAR -- 3.1 The Case of the Danish Refugee Council -- 3.1.1 Conflict Analysis -- 3.1.2 Training -- 3.1.3 DRC Humanitarian Mediation and Dialogue Interventions -- 4 Conclusion -- References -- 4: The Adequacy of Law and Policy Frameworks on Internal Displacement in Ethiopia: A Critical Appraisal -- 1 Introduction -- 2 Law and Policy Frameworks Relevant to Internal Displacement -- 3 Gaps in the Existing Law and Policy Frameworks -- 4 Implication of Ratification of the Kampala Convention -- 5 Conclusion -- References -- 5: Beyond Accountability and Eminent Domain: Development Rights and Development-Induced Displacement in Kenya -- 1 Introduction -- 2 Frameworks for the Protection of the Right to Development -- 3 Conceptualising Internal Displacement by Development Projects in Kenya -- 4 Case Review of Development-Induced Displacements in Kenya -- 5 Internally Displaced Persons' Right to Development Versus the Right to Develop for the Public Benefit -- 6 Eminent Domain and Internally Displaced Persons' Right to Development in Kenya -- 7 Development-Induced Displacement as a Development Challenge -- 8 Conclusion -- References -- 6: A Review of Land and Property Rights of Internally Displaced Persons in Zimbabwe: Steps Towards Restitution -- 1 Introduction.
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Children's access to justice has emerged as an important topic in the children's rights domain. While there has been increasing attention paid to child-friendly justice internationally, there has been relatively little research in this area. This book, with contributions from researchers and practitioners, explores the meaning, practice and challenges of children's access to justice and contributes to a deeper understanding of what access to justice means to children, how they experience it and what it should look like in practice. It seeks to define access to justice in a global way, by addressing current challenges, asking new questions and providing answers to existing problems. One of the main areas of focus is children's participation in legal proceedings, which critically explores how children are heard in family law, criminal law and child protection procedures. Special challenges faced by groups of children, such as indigenous children, are brought to light. The roles of different actors in justice, including judges and lawyers, but also institutions such as independent child commissioners and schools, and how they can improve children's access to justice are explored. The book also highlights structural obstacles to children's participation that can be explained by country-specific situations and the attitudes of adults towards children. Many of the contributions are based on empirical research, bringing forth the voices of actors of justice and children themselves. While many of these contributions are county-specific, the book clearly demonstrates how challenges to children's access to justice are universal in nature
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In the Age of Terrorism, the United States has become a much more dangerous place-for activists and dissenters, whose First Amendment rights are all too frequently abridged by the government. In Hell No, the Center for Constitutional Rights, the country's leading public interest law organization, offers a timely report on government attacks on dissent and protest in the United States, along with a readable and essential guide for activists, teachers, grandmothers, and anyone else who wants to oppose government policies and actions. Hell No explores the current situation of attacks upon and criminalization of dissent and protest, from the surveillance of activists to the disruption of demonstrations, from the labeling of protestors as "terrorists," to the jailing of those the government claims are giving "material support" to its perceived enemies. Offering detailed, hands-on advice on everything from "Sneak and Peak" searches to "Can the Government Monitor My Text Messages?" and what to do "If an Agent Knocks," Hell No lays out several key responses that every person should know in order to protect themselves from government surveillance and interference with their rights. Beginning with a preface by Vincent Warren, executive director of the Center for Constitutional Rights and a frequent legal commentator on CNN, MSNBC, and NPR, Hell No also includes an introduction on the state of dissent today by CCR board chair Michael Ratner and Margaret Ratner Kunstler. Concluding with the controversial 2008 Mukasey FBI Guidelines, which currently regulate the government's domestic response to dissent, Hell No is an indispensable tool in the effort to give free speech and protest meaning in a post-9/11 world
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Explores political and social factors related to linguistic minorities, threat of language extinction, and Article 22 of the Charter of Fundamental Rights stating that the European Union "shall respect cultural, religious and linguistic diversity".