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This insightful book considers how the European Court of Human Rights (ECHR) is faced with numerous challenges which emanate from authoritarian and populist tendencies arising across its member states. It argues that it is now time to reassess how the ECHR responds to such challenges to the protection of human rights in the light of its historical origins.
For over 40 years, the leading international treaty body on women's rights, the Committee on the Elimination of All Forms of Discrimination Against Women (the CEDAW Committee), has been generating jurisprudence interpreting CEDAW's obligations that states protect the equal rights of women. This book concludes that CEDAW's re-engendering of property--although a flawed and evolving work in progress--has the potential to be transformative for the half of the planet who is more likely to be treated as property than to have any.
Incoherence is a term that is all too often associated with the public international law regime. To a great extent, its incoherence is arguably a natural consequence of the fragmented nature of both the development and overall scope of the discipline. Despite significant achievements since the Universal Declaration of Human Rights (1948), a coherent human rights regime that is properly integrated with other branches of public international law is still lacking. This book explores this incoherent approach to human rights, including specific challenges that arise as a result of the creation and regulation of legal relationships between parties (state and non-state) that sit outside of the huma...
Immigration, Citizenship and Insecurity: An Australian Story explores how Australia’s policies on migration and nationality have shaped citizenship and social inclusion. The book examines the historical and contemporary intersections of citizenship, migration and insecurity, analysing key issues such as the prioritisation of economic utility in migration policy, cultural expectations placed on newcomers and the role of migrants in political debate. It critically assesses Australia’s responses to challenges such as demographic ageing, cultural diversity and erosion of political authority. The impact of emergency measures during the COVID-19 pandemic is also explored, revealing the fragility of citizenship protections in times of crisis. This book is an essential resource for scholars, policy-makers and professionals in migration studies, political science and public policy, as well as anyone interested in the evolving dynamics of citizenship and migration in Australia and beyond.
This book examines one of the key issues shaping global considerations of human rights today: the idea of the family as a protected category. Bringing together historians, political scientists, legal scholars, and historical sociologists, the book investigates how ideas about the family and sexuality intersected with thinking about human rights, for example, through new international law and international institutions; social movements targeting issues related to religion, gender, and sexuality; historical developments such as war and the collapse of empires; and, developments in the social sciences. It features case studies on regions around the globe, as well as on relevant international organisations and individuals who have been influential in this area. In doing so, the contributors to this collection interrogate the relationship between human rights related to the family, and broader debates about rights related to gender and sexuality.
The engagement of religious diplomacy within the United Nations systems has become increasingly important for achieving the Sustainable Development Goals. The editors argue that effective religious diplomacy must reflect the great diversity of religious and spiritual expressions within human communities. The editors argue that this can best be achieved through a worldview shift within the United Nations systems. Religious engagement in the United Nations systems has been understandably constrained by limited and formal organizational structures and conventions. However, the existing patterns of engagement mitigate against the very goals they seek to achieve. The editors argue that expanded, ...
What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
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A unique comparative study of women's leadership and the law, offering new ways for understanding the impact of female presidential leadership on women's everyday lives. By analysing the legal legacies of four women presidents in Asia, this book challenges and expands our understanding of what constitutes a woman's issue.