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 : 90.24 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 : 21.96 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 : 41.63 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 : 65.8 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 : 29.99 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

World Heritage And Human Rights

Author : Peter Bille Larsen
ISBN : 9781315402765
Genre : Social Science
File Size : 59.40 MB
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The World Heritage community is currently adopting policies to mainstream human rights as part of a wider sustainability agenda. This interdisciplinary book combines a state of the art review of World Heritage policy and practice at the global level with ethnographic case studies from the Asia-Pacific region by leading scholars in the field. By joining legal reviews, anthropology and practitioner experience through in-depth case studies, it shows the diversity of human rights issues in both natural and cultural heritage sites. From site-designation to their conservation and management, the book explores the various rights issues and analyses the diverse social, cultural and legal challenges and responses at both regional and global level. Detailed case studies are included from Australia, Cambodia, China, Malaysia, Myanmar, Nepal, the Philippines and Vietnam. The book will appeal to both natural and cultural heritage professionals and human rights and heritage scholars, and will serve as a useful compendium for courses use allowing students to compare, contrast and contextualize different contexts.
Category: Social Science

The Un Committee On Economic Social And Cultural Rights

Author : Marco Odello
ISBN : 1138809705
Genre : Law
File Size : 83.38 MB
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The book concerns the study and analysis of the UN Committee on Economic, Social and Cultural Rights from an international legal perspective, taking into consideration the adoption of the 2008 Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR). The volume provides a detailed account of the structure and functioning of the Committee on Economic, Social and Cultural Rights in the light of its jurisprudence, through a study of the Committee's procedures and practices (periodic reports and general comments), including taking into account the Optional Protocol for individual complaint procedure. The book considers the possible implications of the work of this Committee on other UN Committees, such as the Human Rights Committee and the UN Committee on the Rights of the Child, as well as considering the repercussions of its work on the international protection of fundamental rights, such as the right to education, to health and adequate food. The UN Committee on Economic, Social and Cultural Rights will be of particular interest to academics and students of International and Human Rights law.
Category: Law

Prospects For A Regional Human Rights Mechanism In East Asia

Author : Hidetoshi Hashimoto
ISBN : 9781135935504
Genre : History
File Size : 28.15 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 Business

Author : Juan José Álvarez Rubio
ISBN : 9781351979153
Genre : Law
File Size : 54.63 MB
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The capacity to abuse, or in general affect the enjoyment of human, labour and environmental rights has risen with the increased social and economic power that multinational companies wield in the global economy. At the same time, it appears that it is difficult to regulate the activities of multinational companies in such a way that they conform to international human, labour and environmental rights standards. This has partially to do with the organization of companies into groups of separate legal persons, incorporated in different states, as well as with the complexity of the corporate supply chain. Absent a business and human rights treaty, a more coherent legal and policy approach is required. Faced with the challenge of how to effectively access the right to remedy in the European Union for human rights abuses committed by EU companies in non-EU states, a diverse research consortium of academic and legal institutions was formed. The consortium, coordinated by the Globernance Institute for Democratic Governance, became the recipient of a 2013 Civil Justice Action Grant from the European Commission Directorate General for Justice. A mandate was thus issued for research, training and dissemination so as to bring visibility to the challenge posed and moreover, to provide some solutions for the removal of barriers to judicial and non-judicial remedy for victims of business-related human rights abuses in non-EU states. The project commenced in September 2014 and over the course of two years the consortium conducted research along four specific lines in parallel with various training sessions across EU Member States. The research conducted focused primarily on judicial remedies, both jurisdictional barriers and applicable law barriers; non-judicial remedies, both to company-based grievance. The results of this research endeavour make up the content of this report whose aim is to provide a scholarly foundation for policy proposals by identifying specific challenges relevant to access to justice in the European Union and to provide recommendations on how to remove legal and practical barriers so as to provide access to remedy for victims of business-related human rights abuses in non-EU states.
Category: Law

A Handbook Of Children And Young People S Participation

Author : Barry Percy-Smith
ISBN : 9781135267636
Genre : Education
File Size : 52.41 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