HUMAN RIGHTS IN THE ASIA PACIFIC REGION TOWARDS INSTITUTION BUILDING ROUTLEDGE RESEARCH IN HUMAN RIGHTS LAW

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Human Rights In The Asia Pacific Region

Author : Hitoshi Nasu
ISBN : 9781136717093
Genre : Law
File Size : 44.10 MB
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The Asia-Pacific region is known for having one of the least developed institutional mechanisms for protecting human rights. This edited collection makes a timely and distinctive contribution to contemporary debates about strengthening the institutional protection of human rights in the Asia-Pacific region, in the wake of ASEAN’s announcement in 2009 of an ASEAN regional human rights mechanism. Drawing together leading scholarly voices including Surya Deva, V.T. Thamilmaran, Tom Zwart and Catherine Renshaw, the book focuses on the systemic issue of institutionalizing human rights protection in the Asia-Pacific. It critically examines the prospects for deepening and widening the institutionalization of human rights monitoring in the region, challenging the orthodox scepticism about whether Asia is "ready" for stronger institutions. The volume analyses the impediments to institutions, whilst questioning the need for them.
Category: Law

The Right To Equality In European Human Rights Law

Author : Charilaos Nikolaidis
ISBN : 9781317701378
Genre : Law
File Size : 86.28 MB
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A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Category: Law

Care Migration And Human Rights

Author : Siobhán Mullally
ISBN : 9781317646044
Genre : Law
File Size : 27.87 MB
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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.
Category: Law

International Engagement In China S Human Rights

Author : Titus Chen
ISBN : 9781317752721
Genre : Social Science
File Size : 90.80 MB
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Since the Tiananmen Square incident in 1989 there has been increasing international pressure on China to improve its approach to human rights, whilst at the same time the Chinese government has itself realised that it needs to improve its approach, and has indeed done much to implement improvements. This book explores systematically the international engagement in human rights in China and assesses the impact of such foreign involvement. It looks at particular areas including criminal justice, labour, and religious freedom, considers the processes by which international pressure is brought to bear and the processes by which improvements are implemented in China, and concludes that, whilst China’s human rights record has improved more than many people realise, further improvements are still needed.
Category: Social Science

New Technologies And The Law Of Armed Conflict

Author : Hitoshi Nasu
ISBN : 9789067049337
Genre : Law
File Size : 26.45 MB
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Modern technological development has been both rapid and fundamentally transformative of the means and methods of warfare, and of the broader environment in which warfare is conducted. In many cases, technological development has been stimulated by, and dedicated to, addressing military requirements. On other occasions, technological developments outside the military sphere affect or inform the conduct of warfare and military expectations. The introduction of new technologies such as information technology, space technologies, nanotechnology and robotic technologies into our civil life, and into warfare, is expected to influence the application and interpretation of the existing rules of the law of armed conflict. In this book, scholars and practitioners working in the fields critically examine the potential legal challenges arising from the use of new technologies and future directions of legal development in light of the specific characteristics and challenges each technology presents with regard to foreseeable humanitarian impacts upon the battlespace.
Category: Law

Prospects For A Regional Human Rights Mechanism In East Asia

Author : Hidetoshi Hashimoto
ISBN : 9781135935504
Genre : History
File Size : 39.73 MB
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Regional inter-governmental human rights organizations have been in operation for sometime in Europe, the Americas and Africa. These regional human rights mechanisms have proven to be useful and effective in comparison to the global human rights mechanisms available at the United Nations. The purpose of this study is to investigate the possibility of establishing a regional inter-governmental human rights mechanism in East Asia, with a focus on the contributions of nongovernmental organizations' (NGOs) to such a development.
Category: History

Human Rights In Asia And The Pacific

Author : Ben Saul
ISBN : 0415844177
Genre : Human rights
File Size : 89.82 MB
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While the Asia Pacific region is one of the world s largest by population size, it has long been known for having the least developed regional and national institutional mechanisms for protecting human rights, particularly compared to the well-developed systems in Europe, the Americas, and increasingly in Africa. Asia has the least uptake of human rights treaties of any region in the world, and serious human rights violations are documented as occurring in numerous countries in the region. Asia has also presented conceptual challenges to the universality of international human rights, for instance through arguments about 'Asian values' (the collective over the individual, the economic over the political, compromise over adjudication) being inconsistent with western notions of rights. At the same time, innovative human rights practices and protections have been developed in some jurisdictions, and increasingly at the transnational level. There is increasing scholarly and practitioner interest in human rights in the Asia and Pacific regions, driven in part by recent efforts by the Association of South East Asian Nations (ASEAN) and the Pacific Islands Forum (PIF) to enhance human rights protections in those sub-regions. This edited collection makes a timely and distinctive contribution to the literature by bringing together the leading scholars in the field who have written across the gamut of thematic human rights issues in Asia and the Pacific. A particular strength of the collection is its inclusion of significant Asian and Pacific authors, who are sometimes under-represented in the mainstream legal debates. The work will be of interest to a scholarly and student audience in law (international, comparative Asian, public, constitutional, and human rights), as well as to readers in international relations, political science, Asian studies, and human rights.
Category: Human rights

Mediation In The Asia Pacific Region

Author : Dale Bagshaw
ISBN : 9781134009985
Genre : Political Science
File Size : 35.77 MB
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This book examines mediation in connection with peacebuilding in the Asia-Pacific region, providing practical examples which either highlight the weaknesses within certain mediation approaches or demonstrate best-practice. The authors explore the extent to which current ideas and practices of mediation in the Asia-Pacific region are dominated by Western understandings and critically challenge the appropriateness of such thinking. Featuring a range of case studies on Fiji, Vanuatu, Papua New Guinea, Malaysia, Vietnam, China, Singapore, Indonesia, the Philippines and Thailand, this book has three main aims: To challenge dominant Western practices and ways of thinking on mediation that currently are being imposed in the Asia-Pacific region; To develop culturally-fluent and socially just mediation alternatives that build upon local, traditional or religious approaches; To situate mediation within ideas and practices on peacebuilding. Making a unique contribution to peace and conflict studies literature by explicitly linking mediation and peacebuilding practices, this book is a vital text for students and scholars in these fields.
Category: Political Science

Sexuality Health And Human Rights

Author : Sonia Corrêa
ISBN : 9781134266678
Genre : Medical
File Size : 69.99 MB
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This new work surveys how rapid changes taking place at the start of the twenty-first century in social, cultural, political and economic domains impact on sexuality, health and human rights. The relationships between men, women and children are changing quickly, as are traditional family structures and gender norms. What were once viewed as private matters have become public, and an array of new social movements – transgender, intersex, sex worker, people living with HIV – have come into the open. The book is split into three sections: Global ‘Sex’ Wars – discusses the notion of sexualities, its political landscapes internationally, and the return of religious fervour and extremism Epistemological Challenges and Research Agendas – examines modern ‘scientific’ understandings of sexuality, its history and the way in which AIDS has drawn attention to sexuality The Promises and Limits of Sexual Rights – discusses human rights approaches to sexuality, their strengths and limitations and new ways of imagining erotic justice Offering a unique framework for understanding this new world, set in the context of the major theoretical debates of recent decades, this book will be of interest to professionals, advocates and policy researchers and is suitable for a wide range of courses covering areas such as gender studies, human sexuality, public health and social policy.
Category: Medical

A Handbook Of Children And Young People S Participation

Author : Barry Percy-Smith
ISBN : 9781135267636
Genre : Education
File Size : 69.15 MB
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A Handbook of Children and Young People's Participation brings together key thinkers and practitioners from diverse contexts across the globe to provide an authoritative overview of contemporary theory and practice around children’s participation. Promoting the participation of children and young people – in decision-making and policy development, and as active contributors to everyday family and community life – has become a central part of policy and programme initiatives in both majority and minority worlds. This book presents the most useful recent work in children’s participation as a resource for academics, students and practitioners in childhood studies, children’s rights and welfare, child and family social work, youth and community work, governance, aid and development programmes. The book introduces key concepts and debates, and presents a rich collection of accounts of the diverse ways in which children’s participation is understood and enacted around the world, interspersed with reflective commentaries from adults and young people. It concludes with a number of substantial theoretical contributions that aim to take forward our understanding of children’s participation. The emphasis throughout the text is on learning from the complexity of children’s participation in practice to improve our theoretical understanding, and on using those theoretical insights to challenge practice, with the aim of realising children’s rights and citizenship more fully.
Category: Education