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Care Migration and Human Rights

Care  Migration and Human Rights Author Siobhán Mullally
ISBN-10 9781317646044
Release 2015-02-11
Pages 182
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The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.



Children s Rights Law in the Global Human Rights Landscape

Children   s Rights Law in the Global Human Rights Landscape Author Eva Brems
ISBN-10 9781317268048
Release 2017-04-21
Pages 312
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Children’s rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children’s rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children’s rights law has a number of distinctive characteristics, such as the emphasis on the ‘best interests of the child’, the use of general principles, and the inclusion of ‘third parties’ (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could children’s rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between children’s rights law and human rights law – and the potential for their isolation, inspiration or integration – may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between children’s rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.



The Right to Family Life in the European Union

The Right to Family Life in the European Union Author Maribel González Pascual
ISBN-10 9781317287582
Release 2016-12-19
Pages 270
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Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.



Routledge International Handbook of Children s Rights Studies

Routledge International Handbook of Children   s Rights Studies Author Wouter Vandenhole
ISBN-10 9781317669739
Release 2015-03-24
Pages 436
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Since the adoption of the UN Convention on the Rights of the Child (1989) children’s rights have assumed a central position in a wide variety of disciplines and policies. This handbook offers an engaging overview of the contemporary research landscape for those people in the theory and practice of children’s rights. The volume offers a multidisciplinary approach to children’s rights, as well as key thematic issues in children’s rights at the intersection of global and local concerns. The main approaches and topics within the volume are: • Law, social work, and the sociology of childhood and anthropology • Geography, childhood studies, gender studies and citizenship studies • Participation, education and health • Juvenile justice and alternative care • Violence against children and female genital mutilation • Child labour, working children and child poverty • Migration, indigenous children and resource exploitation The specially commissioned chapters have been written by renowned scholars and researchers and come together to provide a critical and invaluable guide to the challenges and dilemmas currently facing children’s rights.



Security Law and Borders

Security  Law and Borders Author Tugba Basaran
ISBN-10 9781136902123
Release 2010-09-21
Pages 160
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This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.



The Ashgate Research Companion to Migration Law Theory and Policy

The Ashgate Research Companion to Migration Law  Theory and Policy Author Professor Satvinder S Juss
ISBN-10 9781409472490
Release 2013-04-28
Pages 766
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This companion takes stock of the current state of literature on migration law, theory and policy, and sketches out the contours of its future long-term development in what is now a vastly expanded research agenda, thereby providing a definitive and dependable state-of-the-art review of current research in each of the chosen areas.



Resolving Conflicts between Human Rights

Resolving Conflicts between Human Rights Author Stijn Smet
ISBN-10 9781317218678
Release 2016-11-10
Pages 244
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Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.



African Migrants and Europe

African Migrants and Europe Author Lorenzo Rinelli
ISBN-10 9781317627098
Release 2015-09-16
Pages 149
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The process of migration control mirrors the trajectories of the people who traverse national boundaries, making today’s borders flexible and fluid. This book explores the transformation of migration control in the post 9/11 era. It looks at how border controls have become more diffuse in the face of increased human flows from Africa and presents a critical analysis of the dispositif of European migration control, including detention without trial, derogation of human rights law, torture, "extraordinary rendition", the curtailment of civil liberties and the securitization of migration. By examining the role of Gaddafi’s Libya in the last ten years as a gendarme of Europe, it argues for a re-visioning of borders and frontiers in ways that can account for their dialectical nature, and for the dialectical nature of political life. This text will be of key interest to scholars and students of European studies, African studies, security studies, international relations, global studies, comparative politics, cultural geography, migration studies and border theory.



Children s Rights and Refugee Law

Children s Rights and Refugee Law Author Samantha Arnold
ISBN-10 9781351683562
Release 2017-08-09
Pages 208
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Children make up half of the world’s refugees and over 40 per cent of the world’s asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children’s rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children’s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children’s rights approach, the conceptualisations of children outside the legal discipline, within international children’s rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children’s rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children’s rights and international human rights law.



Human Rights and Private Wrongs

Human Rights and Private Wrongs Author Alison Brysk
ISBN-10 9781136073946
Release 2013-04-15
Pages 168
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Human Rights and Private Wrongs breaks new ground by considering a series of fascinating issues that are normally ignored by human rights specialists because they are too "private" to consider as policy issues: children's labor migration; refugee policy towards unaccompanied minors; financial matters of investor and business responsibility; and complex questions involving access to the benefits of pharmaceutical research, transnational organ trafficking, and the control over genetic research.



International Law and the Israeli Palestinian Conflict

International Law and the Israeli Palestinian Conflict Author Susan M. Akram
ISBN-10 9781136850974
Release 2010-12-23
Pages 352
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The Israeli-Palestinian conflict has long been intertwined with, and has had a profound influence on, the principles of modern international law. Placing a rights-based approach to the Israeli-Palestinian conflict at the centre of discussions over its peaceful resolution, this book provides detailed consideration of international law and its application to political issues. Through the lens of international law and justice, the book debunks the myth that law is not useful to its resolution, illustrating through both theory and practice how international law points the way to a just and durable solution to the conflict in the Middle East. Contributions from leading scholars in their respective fields give an in-depth analysis of key issues that have been marginalized in most mainstream discussions of the Israeli-Palestinian conflict: Palestinian refugees Jerusalem security legal and political frameworks the future of Palestine. Written in a style highly accessible to the non-specialist, this book is an important addition to the existing literature on the subject. The findings of this book will not only be of interest to students and scholars of Middle Eastern politics, International Law, International Relations and conflict resolution, but will be an invaluable resource for human rights researchers, NGO employees, and embassy personnel, policy staffers and negotiators.



Human Rights of Migrants in the 21st Century

Human Rights of Migrants in the 21st Century Author Elspeth Guild
ISBN-10 9781351382793
Release 2017-08-24
Pages 96
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This book offers an accessible examination of the human rights of migrants in the context of the UN’s negotiations in 2018. This volume has two main contributions. Firstly, it is designed to inform the negotiations on the UN’s Global Compact for Safe, Orderly and Regular Migration announced by the New York Declaration of the UN General Assembly on 19 September 2016. Second, it intends to assist officials, lawyers and academics to ensure that the human rights of migrants are fully respected by state authorities and international organisations and safeguarded by national and supranational courts across the globe. The overall objective of this book is to clarify problem areas which migrants encounter as non-citizens of the state where they are and how international human rights obligations of those states provide solutions. It defines the existing international human rights of migrants and provides the source of States’ obligations. In order to provide a clear and useful guide to the existing human rights of migrants, the volume examines these rights from the perspective of the migrant: what situations do people encounter as their status changes from citizen (in their own country) to migrant (in a foreign state), and how do human rights provide legal entitlements regarding their treatment by a foreign state? This book will be of much interest to students of migration, human rights, international law and international relations.



Human Smuggling in the Eastern Mediterranean

Human Smuggling in the Eastern Mediterranean Author Theodore Baird
ISBN-10 9781317221449
Release 2016-11-10
Pages 178
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The organization of human smuggling from the Middle East and Africa through Turkey and the Eastern Mediterranean has become a contemporary political concern throughout Europe, receiving intense and polarised media attention. This timely book reformulates how we conceive of human smuggling, challenging popular and political conceptions of the practice in Europe. This book proposes a new framework for examining the causes and effects of human smuggling in the Mediterranean, analysing the contingent patterns of human smuggling in the countries of the Eastern Mediterranean with a geographic focus on Turkey. Building on unique empirical material from fieldwork in Turkey and Greece, this book describes the rise of human smuggling as a practice, viewed through a framework of multiple 'contingencies'. Uniquely, this book includes in-depth testimonies of migrants who have survived crossing the Aegean Sea and details the strategies and tactics of the facilitators who help them. In Human Smuggling in the Eastern Mediterranean, Theodore Baird puts a human face to the tragedies occurring in the Mediterranean while maintaining that contingent historical, political, economic, and geographic forces have aligned to propel the practice of human smuggling forward. The book will be of interest to scholars working in migration studies, as well as scholars in the fields of sociology, criminology, law, political science, anthropology, and geography.



Rethinking Border Control for a Globalizing World

Rethinking Border Control for a Globalizing World Author Leanne Weber
ISBN-10 9781134615810
Release 2015-02-11
Pages 212
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This book provides a new point of departure for thinking critically and creatively about international borders and the perceived need to defend them, adopting an innovative ‘preferred future’ methodology. The authors critically examine a range of ‘border domains’ including law, citizenship, governance, morality, security, economy, culture and civil society, which provide the means and justification for contemporary border controls, and identify early signs that the dynamics of sovereignty and borders are being fundamentally transformed under conditions of neoliberal globalization. The goal is to locate potential pathways towards the preferred future of relaxed borders, and provide a foundation for a progressive politics dedicated to moving beyond mere critique of the harm and inequity of border controls and capable of envisaging a differently bordered world. This book will be of considerable interest to students of border studies, migration, criminology, peacemaking, critical security studies and IR in general.



Refugee Children

Refugee Children Author Charles Watters
ISBN-10 9781134177134
Release 2007-11-06
Pages 224
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The last twenty years have seen unprecedented numbers of refugee children entering Western countries. Many of these children will have experienced the atrocities of war and issues concerning their care and treatment are high on the agenda of research bodies, policy makers and service providers. Refugee Children is the first book to offer a wide ranging analysis of the context of care and the measures taken by nation states and intergovernmental bodies to address perceived problems. Drawing on a detailed examination of practices, the book outlines a model of good practice in the care of refugee children. Topics covered include: the treatment of asylum seeking children at the borders of industrialised countries reception, psycho-social problems, social capital, education, and issues relating to cultural diversity and integration a critical analysis of responses to these problems including the development of special programmes for refugee children, elements of good practice in the field the transfer of good practice between countries implications for the development of services and academic research in this vital area. With a series of case studies examining practices from a number of countries, Refugee Children makes a vital contribution both to the social care literature in this field and to theory and research in refugee and migration studies. As such it is essential reading for academic researchers in a range of disciplines including social policy, education, migration and refugee studies as well as service providers in health care, social care, housing and education. Charles Watters is Director of the European Centre for the Study of Migration and Social Care in the School of Social Policy, Sociology and Social Research at the University of Kent.



Climate Change and Human Rights

Climate Change and Human Rights Author Ottavio Quirico
ISBN-10 9781317662679
Release 2015-09-07
Pages 410
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Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.



The Legal Protection of Women From Violence

The Legal Protection of Women From Violence Author Rashida Manjoo
ISBN-10 9781351732833
Release 2018-04-06
Pages 228
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Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.