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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"In the past fifteen years there has been a marked increase in the international scholarship relating to women in law. The lives and careers of women in legal practice and the judiciary have been extensively documented and critiqued, but the central conundrum remains: Does the presence of women make a difference? What has been largely overlooked in the literature is the position of women in the legal academy, although central to the changing culture. To remedy the oversight, an international network of scholars embarked on a comparative study, which resulted in this path-breaking book. The contributors uncover fascinating accounts of the careers of the academic pioneers as well as exploring broader theoretical issues relating to gender and culture. The provocative question as to whether the presence of women makes a difference informs each contribution"--
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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"This book addresses the rights of indigenous peoples to marine space and associated marine resources under international law. Examining the rights of indigenous peoples relating to marine space and marine resources both in international human rights law and the law of the sea, the book provides an in-depth critical analysis of the existing legal framework, whilst identifying the gaps, and possible further mechanisms, for recognizing the rights of indigenous peoples to marine space. The book addresses three main issues: 1. the extent to which international law recognizes and protects the rights of indigenous peoples in relation to marine space and marine resources; 2. if and how the law of the sea and international human rights law pertaining to the rights of indigenous peoples to marine space and marine resources interact; 3. whether and to what extent the law of the sea regime limits the capacity of coastal States to recognize and implement the rights of indigenous peoples relating to marine space and resources. In response, and in a context where indigenous marine rights are under increasing threat, the book develops an important critical theoretical and methodological approach which moves beyond the current doctrinal focus of much existing work in this area. The book will appeal to academics, researchers, and practitioners in the areas of indigenous peoples and the law, international law, the law of the sea, and human rights"--
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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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".
Historically and across societies people with disabilities have been stigmatized and excluded from social opportunities on a variety of culturally specific grounds. In this collection, the authors explore the impact that the philosophical framing of disability can have on public policy questions, in the clinic, in the courtroom, and elsewhere. They examine the implications of this understanding for legal and policy approaches to disability, strategies for allocating and accessing health care, the implementation of the Americans with Disabilities Act, health care rights, and other legal tools designed to address discrimination. This volume should be read by anyone seeking a balanced view of disability and an understanding of the connection between the framing of disability and policies that have a real-world impact on individuals.
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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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The article discusses how corporations in the U.S., mostly economic, have managed over the last 200 years to claim human rights elaborated in the U.S. Constitution for themselves (e. g. the right due process of law, or free political speech). A multitude of court rulings offer a wealth of empirical material. In the United States an ever-growing critical movement has attempted to criticize and scandalize such corporate rights. An analysis derived from sociology and Political Economy can show that gaining such corporate rights, can be referred to as an increasing privatization of political power and as a historical institutionalization of the -- nowadays globally applicable -- corporate form. Adapted from the source document.