Bøger i The International Library of Essays on Rights serien

Consists of essays pubilshed in various sources between 2000 and 2014.

With approaches ranging from the political to the historical, and from the analytical to the critical, this collection touches on the major conceptual and practical questions of this important field: What is the nature and grounding of human rights? How should conflicts of rights best be analyzed?

The right to a fair trial is often held as a central constitutional protection. It nevertheless remains unclear precisely what counts as a 'fair' trial and who should decide verdicts. This already difficult issue has become even more important given a number of proposed reforms of the trial, particularly those for defendants charged with terrorism offences. This collection, which is the first to publish in one place the most influential work on these controversial issues, emphasises both the importance and complexity of the right to a fair trial, and sheds light on how the trial might be further improved.

This important volume brings together a range of material in different areas of law and the social sciences that address questions concerning the rights of minorities. The discipline is arguably one of the oldest branches of public international law, and owes its heritage to those who struggled to create standards to protect the numerically inferior and non-dominant communities from the excesses of the majority. While reflecting this rich heritage, the works contained in this volume show the extent to which policy constructs (especially in law) have begun to pay heed to the need to include minorities in different domestic settings across the globe. To provide readers with a structured approach to understanding global minority rights law the editor divides the issues into six main headings, namely: Historical Development; Conceptual Development; Contemporary Challenges; Fundamental Norms of Minority Protection; Specific Rights of Minorities; Human Rights and Minority Rights.

Forced migration is both as ancient as human life on earth and a relatively new subject of interest for human rights scholars. This volume continues the discussion from Migrants and Rights to focus attention on refugees, victims of trafficking and others who cross borders seeking protection from anthropogenic or natural disasters. The opening essays provide historical and conceptual overviews of rights to freedom of movement and asylum; and links between human rights and refugee law. Articles on the principle of non-refoulement in international law explore the occasional disjuncture between the individualΓÇÖs right to protection and the StateΓÇÖs rights to protect its national interests. The refugeeΓÇÖs rights to due process and the substance of entitlements at law are explored in essays that range across administrative processes; social and cultural rights, including family reunion; detention; and the right of return. There follow four essays that address sexual orientation and refugee rights; refugees and disability rights; human rights and persons displaced by climate change disasters; and the rights of victims of human trafficking. The volume concludes with work reflecting on the rights discourse outside of traditional ΓÇÖWesternΓÇÖ theatres. These cover Africa (Kenya), India, South America (Brazil) and the Asia-Pacific (Indonesia and Papua New Guinea).

The concept of the migrant as rights bearer at law is surprisingly recent and under-developed. Migrants have traditionally been seen as outsiders, persons who are in society but not yet of society. Migrants are at best invitees, ΓÇÖguestsΓÇÖ for whom presence in a country is a privilege. This is the first of two volumes which bring together writings which trace the evolution in thinking about migrants as legal subjects and rights holders. The articles cover: issues around state sovereignty and migrants as subjects of international law; the articulation of rights; different categories of migrants; issues around health and disability. The volume also features an extended article on the proposal for an International MigrantsΓÇÖ Bill of Rights (IMBR) put forward by an international consortium of academics and students. A related volume Refugees and Rights is also published as part of the series.

The right to bodily integrity is a controversial issue within moral, political and legal discourse. This first collection of scholarly research articles provides a comprehensive overview of the debates around the ethical and legal aspects of the right to bodily integrity and its implications in theory and practice.

This volume brings together a selection of the most important published research articles from the ongoing debate about the moral rights of prisoners.

This volume presents some of the most important reflections and studies on citizenship rights, both past and present. The contributions provide both thorough description and incisive analysis and place the question of citizenship rights into a wider historical, social and political perspective. As such.

Deals with the potential for and primary challenges to the development of rights as instruments for safeguarding the planet's life-support capacities and features proposals and analyses which argue the need to create an avenue of recourse against ecological degradation, whether on behalf of human or nonhuman right holders.

High-profile corporate infringements of human rights, the rise and rise of corporate social responsibility (CSR) and efforts to regulate corporate behaviour through legal regimes, at both domestic and international levels, have spawned a mountain of academic literature and commentary. This volume assembles essays from this body of work.

Do animals have moral rights? If so, which ones? How does this affect our thinking about agriculture and experimentation? If animals have moral rights, should they be protected by law? This book addresses these questions.

A collection of work on security and rights that focuses on the appropriate relationship between rights and what we can think of as counter terrorism policy. Such a focus might seem both necessary, because of 9/11, and unfortunate, because there are other causes of insecurity besides terrorism.

This volume collects together significant writings in the debate about the rights of sexual minorities. The topics covered include the meaning and importance of sexual freedom, gender roles, marriage and other significant partnerships, child care and adoption, the criminal law, employment, and expression and pornography.

Throughout the world, indigenous rights have become increasingly prominent and controversial. This collection includes papers that address some of the most important philosophical and practical issues informing the discussion of indigenous rights at both the international and national levels.

Brings together a range of material in different areas of law and the social sciences that address questions concerning the rights of minorities. This title shows the extent to which policy constructs (especially in law) have begun to pay heed to the need to include minorities in different domestic settings across the globe.

A collection of seminal papers examining legal, conceptual and practical questions regarding the international legal protection of economic, social and cultural rights. It discusses what human rights obligations economic, social and cultural rights entail for states and non-state actors.

Contains twenty-five important articles examining historical, contemporary and comparative issues crucial to the advancement of disabilty rights. The volume foreshadows the future of disability rights as a medium for ensuring that those living with disabilties participate as equal citizens of the world.

The nature, provenance and justification of rights are uncertain and disputed. The disagreements have centred on group rights and on whether rights have a universal application across different cultures and moral traditions. The essays in this work explore these and other related issues.

Examines the justifications for using bills of rights to protect fundamental human rights and the mechanisms for enforcing provisions in those documents. This collection contains articles that deal with different forms of judicial enforcement and with legislative enforcement, of rights protected by such documents.

Examines ethical, legal, and empirical questions regarding the human right to health care. This title discusses what obligations health rights entail for governments and other actors, how they relate to and potentially conflict with other rights and values, and how cultural diversity bears on the formulation and implementation of health rights.

Covers such topics as the right to jury trial; lay participation in trials; jury nullification; trial reform; the civil jury trial; and, the issue of terrorism trials. This collection helps inform both scholars and students of both the importance and complexity of the right to a fair trial, and focuses on how the trial might be further improved.

Nowadays, rights are frequently ascribed to groups distinguished by their nationality, culture, religion or language. Yet the ascription of rights to groups remains deeply controversial. Many people reject the very idea of group rights. This volume wrestles with these and many other of the issues that surround group rights.