Menneskerettigheder og borgerrettigheder

This book provides insights into the complex labour and social security framework of EU employment and its enforcement. Starting from an analysis of the various EU instruments and case law, it outlines the complicated legal framework, the practical problems involved, and ways to overcome them. In turn, the book puts the evolution of the framework into perspective, reviews the numerous modifications made over the years, and describes interpretation-related difficulties. Since the formation of the European Community 65 years ago, migration and the European labour market have evolved considerably through special patterns of (temporary) mobility such as postings, simultaneous work in several Member States and high mobility, thus leading to major questions about the applicable legal framework. The interplay between the free movement of persons and services has produced a complex system of rules. Which law applies when a person crosses a border: that of the host State (and to what extent should this State take into account the legal rules from the home State?) or that of the home State? Does the person crossing the border have any choice in the matter?The book subsequently analyses the penetration of EU (market) law into national systems of labour and social security law. The divergent solutions and views within labour and social security law are considered and discussed from a critical point of view.As the positive elements of the European story are at risk of being overshadowed by the negative consequences of the European construction - social dumping being the prime example - special attention is paid to the cooperation between inspection services and other stakeholders in order to guarantee efficient enforcement. The latter is more than just sanctioning, but also includes prevention and monitoring issues.The unique strength of this book is that it brings together all legal-technical aspects of cross-border employment and its enforcement in both labour law and social security law in a single volume. Readers will find a wealth of detailed and specialised information, helping them to understand the topic in depth. Accordingly, the book will be of interest to academics, practitioners, enforcement bodies, judiciary policymakers, advanced law students, and researchers seeking to understand the law in context.

With the growing capabilities of artificial intelligence, governments are integrating AI technologies into administrative and even judicial decision-making, aiding and in some cases even replacing human decision-makers. Predictive policing, automated benefits administration, and automated risk assessment in criminal sentencing are but a few prominent examples of a general trend. While the turn towards governmental automated decision-making promises to reduce the impact of human biases and produce efficiency gains, reducing the human element in governmental decision-making also entails significant risks. This book analyses these risks through a comparative constitutional law and human rights lens, examining US law, German law, and international human rights law. It also highlights the structural challenges that automation poses for legal systems built on the assumption of exclusively human decision-making. Special attention is paid to the question whether existing law can adequately address the lack of transparency in governmental automated decision-making, its discriminatory processes and outcomes, as well as its fundamental challenge to human agency. Building on that analysis, it proposes a path towards securing the values of human dignity and agency at the heart of democratic societies and the rule of law in an increasingly automated world. This book will be of interest to researchers and scholars focusing on the evolving relationship of law and technology as well as human rights scholars. Further, it represents a valuable contribution to the debate on the regulation of artificial intelligence and the role human rights can play in that process.

This book examines the relationship between immigration, crime, police and politics in the city of Buenos Aires during the Cambiemos ("Let's Change") administration, which took place in Argentina between 2015 and 2019. It draws on semi-structured interviews with migrants to offer insights into interactions between police and migrants, narratives of police violence, police attitudes towards migrants, the nexus between police and politics and the perception of the vulnerability of the migratory community of belonging to police action. Using a mixed methods approach, it also draws on secondary quantitative data regarding police practices of detention of migrants and examines political discourses around the immigration-crime association. In essence, it discusses the changes in attitude of the police towards different ethnic-national groups during the administration Cambiemos. In this sense, it presents empirical research and methodological insights fromthe Global South.

This book intertwines two major themes in contemporary legal theory - the concepts of human dignity and the problem of the autonomy and limits of the law - while also addressing two other key aspects - the first one concerned with human rights practices and foundations (in their direct connections with the issue of dignity), the second one considering the role that the law's aspirations attribute to the experience of an autonomous subject-person (and the demands that identify his/her position in the dialectical counterpoint with the rethinking of a community). The diversity of perspectives that each of these themes allows is explored in various contexts and with unmistakable implications concerning juridical validity, rule of law practices, pluralism, political and practical-cultural challenges, and divisive "e;bio-ethical"e; issues. This means considering the separation or separability theses between law and morality and the juridically relevant experience of person(hood) as a dialectic between autonomy and responsibility, the orthodox and heterodox images of comparable concreteness and incomparable singularity, the challenges of external points of view and interdisciplinary approaches.

This book critically examines the development of the 'stirring up hatred' offences which are currently found within the UK's Public Order Act 1986. Through a critical discourse analysis of key excerpts of parliamentary Hansard, the book constructs a detailed genealogy of the offences from the perspectives that shaped them. A novel application of theory on 'myth' is used to navigate the complex arguments and to trace ideas about identity and order across parliamentary debates, from fears of Fascism in the 1930s to condemnations of homophobia in the early 21st century. The story of the stirring up hatred offences told in this book therefore extends far beyond the traditional frame of a dilemma between regulating hate speech and safeguarding free speech: it is inextricably entwined with myths about law, race and national identity, and speaks to wider themes of coloniality, neoliberalism, white entitlement, British-Christian exceptionalism and the innocence of law. Written in an accessible and engaging style, this book challenges a wide range of assumptions about hate speech law and raises a series of considerations for developing forms of accountability that are less complicit in the harms that they are supposed to redress.

This book examines the lived experienes of death penalty defense lawyers and how they created a legal culture of resistance to the death penalty. It argues that an important social component of death penalty abolition in the state of Colorado was due to the efforts of capital defense attorneys. Specifically, it explores how the death penalty defense lawyers created and embraced a legal culture of resistance which compelled the attorneys to fight tenaciously in order to win life sentences for clients that had committed brutal homicides. A legal culture of resistance does not exist in a vacuum. Thwarting Death traces the lived experience of 15 death penalty defense lawyers from when they were kids all the way up through retirement to explain how a legal culture of resistance forms and lawyers operate within it after being established which in turn can have a massive influence on public policy outside of a courtroom; such as creating a social and political environmentconducive to abolishing the death penalty.

This book addresses the challenges within teaching Criminology and Criminal Justice, for students studying and academics involved in designing and delivering courses at an undergraduate and postgraduate level. The book highlights a number of contemporary issues through a wide context of themes and reflections of practice. The chapters are arranged in thematic parts: firstly 'the challenges of diversity and inclusion' secondly 'challenges of creating authentic learning environments', and lastly 'the challenge of creating transformative conversation'. These themes discuss different teaching approaches and present materials which address questions relevant for meeting the challenges. The book focuses on the role and impact of teaching Criminology and Criminal Justice in the real world and explores debates which have autonomy in their questioning and overlapping themes. The narratives reflect upon others' experiences and explore transformative learning and innovation in Criminology and Criminal Justice.

This book explores the complex linkages between power politics of the international arena, the profit-seeking, often elitist and at-times corrupt world of professional international sport, and the promise for harnessing sport to promote human rights, inclusive development, and sustainable peace in a violent world.

Drawing on the cases of South Africa, East Timor, Sierra Leone, and the Solomon Islands, examines how Truth and Reconciliation Commissions (TRCs) have engaged with youth in ways that represent their stories and reflect their substantive participatory capacity as political stakeholders.

A song that uplifts the essence and profound commitment of the Universal Declaration of Human Rights, creating a musical setting for readings of the 30 articles in any or many languages.

Dieses Buch erörtert die spezifischen Probleme, die sich aus der Unwirksamkeit gescheiterter Preisanpassungsklauseln im Rahmen von Dauerschuldverhältnissen ergeben. Die Autorin analysiert die geltungserhaltende Reduktion, die Aufspaltung teilunwirksamer Klauseln, die Lückenschließung, die Teilnichtigkeit des Vertrags und die Erstattungsansprüche bei unwirksam vereinbarten Preisanpassungsklauseln anhand des deutschen Rechts sowie unter Berücksichtigung des europäischen Rechts. Anschließend exemplifiziert sie ihre Erkenntnisse am Beispiel langfristiger Energielieferverträge. Feststellend, dass die Lückenschließung nach der sog. Dreijahreslösung des Bundesgerichtshofs unionsrechtswidrig ist, prüft sie abschließend, ob ein Vertragsanpassungsanspruch aufgrund § 313 BGB begründet werden kann.

This book discusses whether democracy and republicanism are identical, complementary, or contradicting ideas. The rediscovery of classic republicanism a few decades ago made it clear how profoundly modern notions of democracy had been shaped by the republican tradition. But defining these two concepts remains difficult, and the views diverge widely. The overarching aim of this book is to discuss the extent to which democracy and republicanism are identical, complementary or mutually contradicting ideals / ideas. Pursuing this open approach to the subject means calling into question a widely used formula according to which modern democracy is composed of liberal principles such as individualism, the rule of law and human rights, on the one hand, and of republican principles such as focusing on the common good and popular sovereignty, on the other. This book will appeal to students, researches, and scholars of political science interested in a better understanding of political theory and political history.

Writing Constitutions intends to serve as a practical manual for those writing constitutions or interested in their design. It is the first systematic and universal approach to coherently capture concepts and contents of a modern constitution. Volume I breaks each constitutional mechanism into components and offers detailed designs to draft a constitutional clause. This provides lawmakers with the necessary toolkit for writing constitutions and empowers them to strengthen democracies. Writing Constitutions comes in three volumes:- Volume I: Institutions- Volume II: Fundamental Rights- Volume III: Constitutional Principles

This book provides deep insights into the wide-ranging issues linked to gender, law, and social transformation in India.  It focuses on women-centered laws as well as the violence of unequal and discriminatory social order. It emphasizes violence and the neutrality of laws that sustain the status quo and perpetuate the stereotypical notions related to women's condition. Based on the first-hand experience of laws and their nuanced understanding, the essays highlight the rules associated with the private and the public domains. The chapters in the volume analyze various statutes and their enactment related to domestic violence, dowry crimes, sexual abuse at home as well as sexual harassment at the workplace, child marriages, education, property rights, trafficking, prostitution, 'honor' killings, and armed conflict.  The book is essential to the academics and researchers in the disciplines of social sciences, gender studies, law, and the government and policy-makers for making meaningful interventions.

This is how you achieve changeFridays for Future. Just Stop Oil. Black Lives Matter.From Greta Thunberg's inspiring school strike in Sweden to emerging 'hacktivism' in Ethiopia and Iran to the toppling of the statue of a notorious slave trader in Britain, Barney Cullum travels around the world to find out how disruptors are fighting for a better future. Meet the dissidents campaigning for democracy in Moscow and Istanbul, activists in the Sahel, Palestine, Brazil, and Ukraine, a commune claiming underground energy in Denmark and climate emergency protesters across Europe. Everywhere Cullum goes, he asks: how are you achieving change? Find out the secrets of successful movements for social change, including:What made Ireland U-turn on abortion?How did Taiwan's students resist when Hong Kong's could not?What persuaded Britain to reform its drug laws?How did peace finally break out in Colombia?Reviews"Making a Movement is a call to action but also a great insight into some of the leading international campaigns over the last ten years, which gives a sense of hope and aspiration for the next generation of campaigners and activists." - Patrick Vernon OBE, Windrush Campaigner"Jam-packed with stories of collective action, Barney Cullum deftly brings to life the lives and passions of people who have been driven to action for a better world. Whatever your perspective on their campaigns, we all have things to learn from their imagination and skill in drawing people together to bring change." - Abigail Thomas, Hopeful Activists Podcast Host"Making a Movement delivers a wrecking ball to the unsustainable populism of the right." - Simon Speakman Cordall, Al Jazeera Journalist"If you read Barney Cullum's book, you will come away with comprehensive knowledge of the severe problems impacting people every day all over the world, but you will also feel utterly inspired to take action yourself. Powerful stories reframe the brave people and organisations who are truly taking risks to bring about positive change, all achieved in an accessible, fascinating way." - Lucy Skoulding, Human Rights Campaigner and Independent Journalist"Cullum skilfully weaves together and situates social movements, campaigns and their tactics around the world. Interviews with key and ordinary people are interlaced with stories of how he obtained access. Filled with illuminating behind-the-scenes accounts of current situations, poignant viewpoints include those of pacifist Russians and Belarusians on the war in the Ukraine. Closer to home in the UK, Cullum captures the senselessness of people locked up in psychiatric hospitals for years with no end in sight." - Valerie de Schaller, Amnesty International Grassroots Activist"Through interviews with activists and campaigners across the global spectrum, these chapters offer a crucial insight into environmental, political and human rights movements. From strike action, to street art, to direct action, this book is an argument for why a whole range of tactics are so critical to achieving real change. A captivating and meaningful read." - Ella Abraham, Praxis, For Migrants and Refugees Campaigner

EPDF and EPUB available open access under CC-BY-NC-ND licence. As many developing countries are facing increasingly higher levels of debt and economic instability, this interdisciplinary volume explores the intersection of sovereign debt and women's human rights. Through contributions from leading voices in academia, civil society, international organizations and national governments, it shows how debt-related economic policies are widening gender inequalities and argues for a systematic feminist approach to debt issues. Offering a new perspective on the global debt crisis, this is an invaluable resource for readers who seek to understand the complex relationship between economics and gender.

During the 2015 and 2016 refugee crisis the EU called on the Member States to engage in protection burden-sharing. This proposal found strong opposition from some of the Visegrad Group countries, including Poland, which expressed their reluctance to the relocation scheme securitizing the political narrative towards refugees. On the contrary, in 2022, during the Russian military aggression against Ukraine, Poland strengthened an ¿open door policy¿, showing a humanitarian approach towards Ukrainian refugees.This book uses a public goods theoretical framework to examine the various public goods characteristics of refugee protection in such scenarios. It is argued that the publicness and character of refugee protection is socially shaped by norms and identities. States perceive refugee protection, including benefits and costs, in different ways. The author focuses his analysis on the security/humanitarian dichotomy in states¿ perceptions of refugees to investigate the accompanying vision of the inherent costs and benefits. The conceptual part of the book provides conclusive support of an alternative constructivist mode in public goods theory for understanding refugee protection burden-sharing.

Debatten om rätten till ORDEN har sällan varit lika viktig i det svenska samhället och vi vill som förening bidra med denna bok, denna antologi med utmanande texter av 31 författare, medlemmar i Litteraturrundan.Här finns 31 mycket olika texter som alla på sitt sätt bidrar till debatten om rätten till ORDEN.

This book explores the resilience of constitutional government in the wake of the COVID-19 pandemic, connecting and comparing perspectives from ten countries in sub-Saharan Africa to global trends.In emergency situations, such as the COVID-19 pandemic, a state has the right and duty under both international law and domestic constitutional law to take appropriate steps to protect the health and security of its population. Emergency regimes may allow for the suspension or limitation of normal constitutional government and even human rights. Those measures are not a license for authoritarian rule, but they must conform to legal standards of necessity, reasonableness, and proportionality that limit state action in ways appropriate to the maintenance of the rule of law in the context of a public health emergency. Bringing together established and emerging African scholars from ten countries, this book looks at the impact government emergency responses to the pandemic have on the functions of the executive, the legislature, and the judiciary, as well as the protection of human rights. It also considers whether and to what extent government emergency responses were consistent with international human rights law, in particular with the standards of legality, necessity, proportionality, and non-discrimination in the Siracusa Principles.

This book brings together leading authorities from the fields of international human rights law, criminology, legal medicine, and political science with international human rights judges and UN experts to analyze the current situation of detainees in Europe, the Americas and Africa.This comprehensive volume offers a platform for reflecting on the complexity of the prison problem from a multidisciplinary perspective. The authors address detention-related issues with the aim of generating new ideas that contribute to both academic discussion and critical analysis. Academic dialogue across the globe provides insights into various national and international carceral systems and how they deal with human rights behind bars. At the same time, the critical comparison helps to identify basic needs and practices that can work in multiple settings. The contributors are respected experts and leading scholars in their fields, and each has pursued prison and human rights research over the last decades. However, this is the first time that they have come together in a multidisciplinary academic project.   This book aims to stimulate diverse actors to imagine alternative ways of engaging with persons deprived of their liberty, in academia and in practice. 

This book presents the updated results of an investigation carried out in 2019. The National Autonomous University of Mexico's (UNAM) Climate Change Research Program (PINCC), funded the research coordinated by Armelle Gouritin. The research aims to answer the following questions: Does the Mexican legal framework and public policies address forced internal climate mobility? If not, what could be the elements of a legal framework and public policies to address the phenomenon? As the phenomenon was approached it was clear that it was extremely complex and consisted of numerous tensions that would lead to other questions throughout the research process.Climate forced internal displacement is projected as a huge-scale phenomenon in Mexico. Against this background, the book provides the first critical diagnosis of the current politico-legal Mexican framework and finds it to be lagging behind in terms of prevention and attention. The book analyses the three-level Mexican governance (federal, state and local levels), and identifies serious loopholes according to a rights-based approach that particularly focuses on women, indigenous peoples, and persons and communities with scarce economic resources. The results provide information on up-coming legislative and political processes and provide benchmarks that can be applied in other case-studies, including other national frameworks' critical analysis.

Election is an powerful weapon in democratic society

This book provides a novel exploration of time and temporality in relation to punishment and criminal sanctioning. It goes beyond focussing on the prison to address punishment more broadly with contributions on punishment in the community (including after periods of imprisonment) and in areas of the criminal justice system which have typically received less attention such as prison transportation between prisons. The collection also includes a focus on temporality in criminal justice policy, and its potential impacts on speeding up justice, as well as the experiential nature of punishment. The book includes contributions from scholars in UK and Europe, with largely original research, and draws on the international literature. It hopes to encourage punishment scholars to consider how ideas from the sociology of time can inform their own research.

At least seventy countries around the world still have anti-homosexuality laws. In twelve of these, it is punishable by death. In this gripping collection of true stories, Jo DeLuzio speaks with nine survivors who sought refuge in Canada, forced to escape assault, torture, and even death in their home countries due to their sexual orientation or gender identity. Through their eyes, we begin to understand what it means to have your identity make it impossible to safely exist. DeLuzio’s captivating exploration of international atrocities presents a brutally honest account of the hate crimes happening around the world. In DeLuzio’s words, “It was extremely difficult not to cry. I had and still have no way to process what they were telling me.” These atrocities are often swept under the rug, and DeLuzio’s collection of interviews are both a call to action and a reminder that the fight for equality is far from over. A must-read for anyone who has a heart.“My story is other gays story. I speak now for those who cannot. Some dead, some hiding...Maybe the world does not know. They cannot care if they do not know. I tell you now, it happens, and true. Tell my story. Please. Maybe someone can care.” — Mo, a refugee interviewed in Just Gone

The book starts with an analysis of what is new in the Digital Services Act. The aim is to see whether this new Regulation is appropriate both for not halting technological innovation and for addressing the risks that technological innovation poses to society and to the people who use digital services. The focal point is the risk of discrimination as people are often helpless in the face of the potential discriminations in the digital services sector. In particular, the book analyses how the Digital Services Act can make a concrete contribution to the protection against discrimination. To this end, it focuses on the responsibility of digital service providers and the fact that discrimination may also depend on the way in which algorithms and artificial intelligence systems are used. Therefore, a comparison is made between the Digital Services Act and the proposed Artificial Intelligence Act. The comparison discloses that the risk-based approach is the common thread followed by the EU in regulating the digital market. The book elaborates also on the practical implications of the risk-based approach. Highlighting advantages and limitations leading the author to conclude that the risk-based approach is the way forward only if the differences between risk and danger, the limits of law, and the limits of the tendency to humanise artificial intelligence systems are considered. With specific reference to the risk of discrimination, the need for a systemic and multi-level approach is highlighted, which reinforces the contribution that can be made not only by the Digital Services Act, but also by more general and cross-cutting legislation as those on data protection and unfair commercial practices.

The popular Washington Post contributing opinion columnist challenges readers to have uncomfortable conversations about race, drawing on the first-person perspectives of the author and Americans from diverse viewpoints and walks of life."The United States claims to be a nation founded on an idea," writes Theodore R. Johnson, "but Americans--even though we nod our heads to that assertion--do not agree on what that idea is, what it should do, or who it is for." The reality is that America is facing an existential quandary. Its citizens do not share a common vision for a democratic system in action, and even worse, do not share a common vision for what the country should be. We use the same words, but do not speak the same language.If We Are Brave is a keen-eyed and sobering examination of this rift and how race exposes and challenges traditional conceptions of national identity, national mythology, and American democracy. It is both a cultural exploration and a consideration of the American experiment through the eyes and experiences of Americans of different generations that cuts across race, ethnicity, gender, region, religion, and class. Johnson reveals the subtle ways that racialized conceptions of the American identity and the imperfect culture of democracy have hindered our ability to connect with one another, carefully piecing together first-person accounts ranging from a Rust Belt diner to the back of a police car to a jail cell.A beautiful but harsh indictment of a nation that aspires to be a more perfect union yet has consistently and painfully fallen short, If We Were Brave is a portrait of a nation at the precipice. It is an eye-opening, essential resource in a pivotal election year which will define America's future, and a much-needed beacon of truth that sheds a bright light on who we are.