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The premise of this book is that legal theory in general, and critical legal theory in particular, do not facilitate the identification of choices being made in the different facets of law -- whether in the enacting, interpreting, administering or theorising of law.
Changes in the regulation of sex work have been observed over the last two decades. The trend towards the partial criminalization of sex work, targeting clients, has gained significant support at the European level under the arguments of gender violence and human trafficking. However, this regulatory approach has not adequately addressed the negative consequences for sex workers themselves. In order to determine whether the European Convention on Human Rights provides protection for sex workers in this context, this paper examines the contrasting feminist perspectives influencing the debate, the legal framework at the national, regional, and international levels, and case law. The case pending in Strasbourg, “M.A. and Others v. France” is analysed in the light of the potential protection of the right to life, the prohibition of degrading treatment, and the right to respect for private life.
Transnational Crime and Human Rights offers an evaluation of the responses to the transnational crime of human trafficking and governance of the issue through a case study of the Greater Mekong Subregion (GMS), which comprises Cambodia, the People's Republic of China, Lao People's Democratic Republic, Myanmar, Thailand, and Viet Nam. The book analyses the international and national legal policy frameworks and the role of governments, international and national non-governmental institutions, and regional processes in responding to trafficking issues in the GMS. The book is based on the findings of a three year study conducted in the region, involving interviews with more than 60 individuals from relevant organizations and agencies, and examines the social, political and historical factors, including gender and age, labour exploitation and migration which form the background to human trafficking in the GMS. The authors consider issues of competing mandates, and gaps in strategies for protection and conclude with a discussion of broader lessons to be learned from the GMS situation and suggestions for future governance strategies in the fight against trafficking.
This new title in the Politics of . . . series addresses the major theme of the politics of gender. Chapters on a variety of issues, contributed by experts in the field of gender, include Human Trafficking and EU Law, Gender in International Relations, the Gender Politics of Philosphy/Political Theory, the Construction of Masculinity in Hollywood Movies, the Politics of Law, and the Politics of Mainstreaming Gender in the Peace and Security Agenda of the African Union. An A–Z glossary offers supplementary information on key terms, with entries including abortion, Commission on the Status of Women, ecofeminism, equal access, human rights, migration, population control, and sex tourism.
In Gender-Sensitive Norm Interpretation by Regional Human Rights Law Systems Maria Sjöholm examines the jurisprudence on gender-based harm in the European, Inter-American and African regional human rights law systems from the viewpoint of feminist legal methods and theories. By offering indicators relevant for gender-sensitive norm interpretation, Maria Sjöholm identifies inconsistencies in the current regional legal frameworks with regard to the protection of women concerning such violations as domestic violence, human trafficking, sexual violence, forced sterilization and restrictions on other reproductive rights. The book offers an in-depth account not only of the manner in which such harm has been recognized through integration in general human rights law treaties, but also the categorization of such as particular human rights norms by regional human rights courts and commissions.
This book offers an accessible and comprehensive introduction to criminology in Ireland. Logically structured and clearly written, this book explores theory and empirical research through real-life examples from an Irish context. Engaging and challenging, this book encourages critical thinking about, and understanding of, crime and crime control in Ireland, North and South. The book covers the canon of criminological theory, from classical and psychological approaches right through to the contemporary. It offers an overview of the Irish criminal justice system, including the police, prisons and alternatives to punishment. It covers key criminological themes such as victims and victimology, g...
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