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Due Diligence and Its Application to Protect Women from Violence
Under international human rights law, states are required to exercise due diligence to prevent, investigate, punish and provide redress for acts of violence against women. Accordingly, the due diligence standard presents a way to measure whether a state has fulfilled its obligations to prevent and respond to violence against women. Despite its growing popularity as a tool for promoting greater state accountability for violence against women by non-state actors, the content and scope of due diligence obligations remain vague. Against the backdrop of contemporary issues that pose threats to women’s rights, the contributors to this volume examine how the due diligence standard and other strategies can be applied as useful mechanisms to combat violence against women in various cultures worldwide.
Childhood, Youth and Migration
This book shows the different ways in which migration matters in the context of global and local childhood and youth. Furthermore, it highlights that childhood, youth and migration as well as local and global perspectives need to be thought and analyzed together, to address the significant dimensions of social inequality in the context of growing up. Migration as a phenomenon is most often motivated by the search for a better life. Very often children and young people, migrating alone or together with their families, migrate to ameliorate their own or others’ living conditions and seize opportunities for realizing a good life. Today as well as in the past this search for a better life is very often triggered by socio-economic reasons, war or terrorism. Against the backdrop of the topic raised above the book deals with children and young people’s own perspective in countries of migration. It promotes the idea of connecting global and local issues of childhood and youth with a special focus on questions of education. It studies questions of global and local living and highlights living circumstances shaped by patterns of migration and mobility.
Arbitrary Withholding of Consent to Humanitarian Relief in Non-international Armed Conflict
How to legally assess the situation when humanitarian actors in non-international armed conflicts are arbitrarily denied access to the affected civilian population? The book answers this question from the perspective of the five main actors involved in humanitarian relief in non-international armed conflicts: the affected State, non-State armed groups, humanitarian actors, non-belligerent States and the affected civilian population. It examines the legal regulations and consequences for each of these actors. In doing so, the book not only draws attention to existing legal gaps and challenges, but also encourages readers to rethink outdated legal concepts and discuss new approaches. The open access publication of this book has been published with the support of the Swiss National Science Foundation.
Switzerland and the International Protection of Refugees, La Suisse et la protection internationale des refugiés
The present volume highlights the new challenges of the international protection of refugees fifty years after the adoption of the 1951 Geneva Convention relating to the Status of Refugees. Focusing on the problems faced by Switzerland in the field of international protection of refugees as well as on the specificity of its asylum law and practice, this publication addresses the refugee problem from a national, European and international perspective. The Swiss experience serves to illustrate the wider problematic of on the one hand, the tensions between security, political and humanitarian concerns encountered by refugee-receiving states, and on the other, the need to preserve an internation...
Cosmopolitanism, Religion and the Public Sphere
Although emerging scholarship in the social sciences suggests that religion can be a potential catalyst of cosmopolitanism and global citizenship, few attempts have been made to bring to the fore new theoretical positions and empirical analyses of how cosmopolitanism -- as a philosophical notion, a practice and identity outlook -- can also shape and inform concrete religious affiliations. Key questions concerning the significance of cosmopolitan ideas and practices – in relation to particular religious experiences and discourses -- remain to be explored, both theoretically and empirically. This book takes as its starting point the emergence of cosmopolitanism -- as a major interdisciplinar...
Memories of the Second World War in Neutral Europe, 1945–2023
This edited volume is a sequel to, and a development of, The Long Aftermath: Cultural Legacies of Europe at War, 1936–2016 (2016). It focuses on the six major European countries and states that remained officially neutral throughout the Second World War, namely Ireland, Portugal, Spain, Sweden, Switzerland, and the Vatican. Its transnational, comparative, and interdisciplinary approach addresses complex questions pertaining to collective remembrance, national policies and politics, and intellectual as well as cultural responses to neutrality during and after the conflict. The contributions are from a broad range of scholars working across the disciplines of history, literature, film, media...
Religion as Empowerment
This volume shows how and why legal empowerment is important for those exercising their religious rights under various jurisdictions, in conditions of legal pluralism. At the same time, it also questions the thesis that as societies become more modern, they also become less religious. The authors look beyond the rule of law orthodoxy in their consideration of the freedom of religion as a human right and place this discussion in a more plurality-sensitive context. The book sheds more light on the informal and/or customary mechanisms that explain the limited impact of law on individuals and groups, especially in non-Western societies. The focus is on discussing how religion and the exercise of religious rights may or may not empower individuals and social groups and improve access to human rights in general. This book is important reading for academics and practitioners of law and religion, religious rights, religious diversity and cultural difference, as well as NGOs, policy makers, lawyers and advocates at multicultural jurisdictions. It offers a contemporary take on comparative legal studies, with a distinct focus on religion as an identity marker.
NYLA Bulletin
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Das verfassungsrechtliche Verbot der Geschlechtsdiskriminierung als Verbot der sexistischen Diskriminierung
Diese Dissertation geht dem Verbot der Geschlechtsdiskriminierung in der schweizerischen Bundesverfassung auf den Grund. Sie rekonstruiert, wie dieses Verbot im Laufe der Zeit in Rechtsprechung und Lehre interpretiert und weiterentwickelt wurde. Seit der Verankerung der Gleichberechtigung der Geschlechter im Jahr 1981 und der Einführung eines allgemeinen Diskriminierungsverbots 1999 wurde eine Vielzahl rechtlicher Ungleichbehandlungen zwischen Frauen und Männern beseitigt. Jedoch zeigt eine kritische Analyse von Rechtsprechung und Lehre zu Art. 8 Abs. 2 und 3 BV, dass herkömmliche Konzeptionen des Geschlechtsdiskriminierungsverbots nur bedingte Wirksamkeit gegen gesellschaftliche und rech...
Who Owns the Water?
"The shortage of fresh, clean water,” states a report by the Human Rights Commission, "is the greatest danger to which mankind has ever been exposed.” It is only thanks to water and its mysterious qualities that life on earth is possible at all. Without water there would be no food, no clothing, there would not even be the ink the Bill of Rights was written with. Who owns the Water? discusses the phenomenon of water, marvels at its uniqueness and addresses the dangers and opportunities water offers to life. The book looks at the most important questions about providing drinking water and producing food, but also deals with water as a destructive force, and investigates the chemical qualities of the molecule. Who owns the Water? points out the risks of unlimited privatization of water, and records how dependence on water is exploited. Committed picture sequences and detailed texts explain how water can belong to no one, but has to be treated responsibly and held in appropriate esteem by the whole of mankind.
