Abstract
Adami Rebecca, The Rights of the Child: Legal, Political, and Ethical Challenges (Brill/Nijhoff 2023) How can human rights for children born outside their national jurisdiction with parents deemed as terrorists be safeguarded? In what ways do children risk being discriminated in their welfare rights in Sweden when treated as invisible part of a family? How can we do research on children's rights in not just ethically sensitive ways but also with respect for children as rights subjects? And what could be a theory on social justice for children? These are questions discussed in studies from different disciplines concerning children's international human rights, with a special focus on the realization of the CRC in Sweden
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Atrey Shreya, Exponential Inequalities: Equality Law in Times of Crisis (Oxford University Press 2023) This book is about the operation of equality and discrimination law in times of crisis. It aims to understand: (i) how existing inequalities are exacerbated in crises; and (ii) whether equality law has tools to understand and address this contingency. Experience during the Covid-19 crisis shows that the pandemic has acted as a catalyst for ‘exponential inequalities’ related to racism, xenophobia, sexism, homophobia, transphobia, ageism, ableism, etc, but the field of equality law—which is meant to address such discrimination or inequality—has had little of immediate relevance in mitigating these exponential inequalities. This is despite the fact that countries like the UK have rather recent and state-of-the-art legislation in the field, namely the Equality Act 2010. Thus, equality law seems to be going through a crisis of its own. This book brings together contributions from leading experts in the field, revealing the crisis in equality law through the study of the operation of equality law during crises. The chapters are drawn from a range of interdisciplinary and comparative perspectives and illuminate the structural and conceptual, as well as the practical and doctrinal difficulties in equality law in addressing exponential inequalities in hard times. The book ultimately aims to propose constructive possibilities from within the extant normative and doctrinal mores of equality law which can be productively harnessed to address exponential inequalities.
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Carcano Andrea, Scovazzi Tullio, Upholding the Prohibition of Torture: The Contribution of the European Court of Human Rights (Brill Nijhoff 2023) This volume deals with the right of any individual not to be subjected to torture. Although almost universally prohibited, torture still manifests itself in the conduct of several States around the world, including Member States of the Council of Europe. The European Court of Human Rights has, since its inception, entered numerous findings of torture. Mindful of the urgency of the effectiveness of the international legal prohibition of torture, this book examines and critically appraises the practice of the European Court on torture. Through the analysis of leading cases and the legal issues ensuing from them, the book explores the contribution of the European Court to the clarification of the applicable law, illustrating developments of legal significance, exploring some still contentious issues, and stressing the several achievements as well as some still questionable outcomes. The volume offers knowledge and analytical tools to students and researchers, but also to lawyers and practitioners as it collects in a single volume significant portions of jurisprudence distilled from what are often lengthy and detailed judgments, followed by a reflection on the legal issues arising in a specific case or common to a number of them.
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Cole Mike, Education, Equality and Human Rights: Issues of Gender, ‘Race’, Sexuality, Disability and Social Class (Routledge 2012) The fourth edition of Education, Equality and Human Rights has been fully updated to reflect the economic, political, social and cultural changes in educational and political policy and practice, as austerity continues and in the light of the EU referendum. Written by a carefully selected group of experts, each of the five equality issues of gender, ‘race’, sexuality, disability and social class are covered as areas in their own right as well as in relation to education.
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Dragic Sanja, Post-Backlash Human Rights Law (Brill Nijhof 2022) What are the legal consequences of the political phenomenon of human rights backlash? After providing a novel definition of the phenomenon, Sanja Dragić explores some of the rules generated as a reaction to the backlash-'the post-backlash human rights law.’ Three case studies meticulously analyze the legal conversations between the opposing states and the global human rights community before the new rules appeared on the international scene. The picture that emerges from these insights is of an unequal relationship between the opposing sides and the post-backlash law which sustains the afflicted structure
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Engstrom David Freeman, Legal Tech and the Future of Civil Justice (Cambridge University Press 2023) New digital technologies, from AI-fired ‘legal tech’ tools to virtual proceedings, are transforming the legal system. But much of the debate surrounding legal tech has zoomed out to a nebulous future of ‘robojudges’ and ‘robolawyers.’ This volume is an antidote. Zeroing in on the near- to medium-term, it provides a concrete, empirically minded synthesis of the impact of new digital technologies on litigation and access to justice. How far and fast can legal tech advance given regulatory, organizational, and technological constraints? How will new technologies affect lawyers and litigants, and how should procedural rules adapt? How can technology expand-or curtail-access to justice? And how must judicial administration change to promote healthy technological development and open courthouse doors for all? By engaging these essential questions, this volume helps to map the opportunities and the perils of a rapidly digitizing legal system-and provides grounded advice for a sensible path forward.
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Gerards Janneke, Fundamental Rights: The European and International Dimension (Cambridge University Press 2023) In Europe, fundamental rights have come to be regulated by an increasing number of legal instruments, such as the European Convention on Human Rights (ECHR), the EU Charter of Fundamental Rights, and international treaties. It is not always easy to understand what requirements are set in these different instruments and how they interrelate. This textbook therefore provides an integrated and systematic overview of the requirements imposed by international and European fundamental rights law. It discusses a range of both civil/political fundamental rights (eg freedom of expression) and social/economic rights (eg right to health), for each of which it is discussed how it is protected by the ECHR, by other Council of Europe instruments, by EU law, and by international treaty instruments. Each chapter is concluded with an integration section, which explains the relations between the different systems of fundamental rights protection and discuss differences, overlap and bottlenecks.
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Hansbury Tatiana, The Relational Self and Human Rights: Paul Ricoeur's Hermeneutics of Suspicion (Birkbeck Law Press 2022) This book takes up Paul Ricoeur's relational idea of the self in order to rethink the basis of human rights. Many schools of critical theory argue that the idea of human rights is based on a problematic conception of the human subject and the legal person. For liberals, the human is a possessive and self-interested individual, such that others are either tools or hurdles in their projects. This book offers a novel reading of subjectivity and rights based on Paul Ricur's re-interpretation of human subjectivity as a relational concept. Taking up Ricoeur's idea of recognition as a reciprocal gift’, it argues that gift exchange is the relation upon which authentic, non-abstract, human subjectivity is based. Seen in this context, human rights can be understood as tokens of mutual recognition, securing a genuinely human life for all. The conception of human rights as gift effectively counters their moral individualism and possessiveness, as the philosophical anthropology of an isolated ego is replaced by that of a related, dependent and embedded self. This original reinterpretation of human rights will appeal to scholars of legal theory, jurisprudence, politics and philosophy.
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Pillay Suren, On the Subject of Citizenship Late Colonialism in the World Today (Bloomsbury 2023) This volume brings together reflections on citizenship, political violence, race, ethnicity and gender, by some of the most critical voices of our times.
Detailed and wide-ranging individual reflections, take the writings of prominent Ugandan political theorist Mahmood Mamdani as a touchstone for thinking about the world from Africa. Contributors apply this theory to argue that we cannot make sense of the political contentions of difference, identity and citizenship today without understanding the legacies of colonial rule on our world. Chapters examine the persistence of the past, and how we must reckon with its tragedies, its injustices, and its utopias in order to chart a new politics; the politics of possible futures that are more inclusive and more egalitarian, and that can think of difference in more equitable ways. In a time when the call to decolonize knowledge, and politics rings loud and clear, this is both a timely and a crucial intervention.
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Yehuda Limor, Collective Euality: Human Rights and Democracy in Ethno-National Conflicts (Cambridge University Press 2023) This book argues that tensions, generally framed as a peace versus justice dilemma, are built on an individualistic conception of justice that fails to account for the empirical reality in places characterized by ethnically based political exclusion and inequalities. By introducing the concept of ‘collective equality’ as a new theoretical basis for the law of peace, this book proposes a new approach for dealing with the tensions between peace-related arrangements and human rights norms.