Folkeret: menneskerettigheder

What are the implications of combating the pandemic for basic principles of the rule of law and for the various system levels of the law? Are there such things as best practices in pandemic control? Finally, can models and models of legal regulation of a pandemic be derived from the geopolitical context? The following contributions contain divergent national models of pandemic regulation. Conclusions and recommendations may be derived from this, which could be applied to the respective national legislation. As a normative consequence of these experiences, the question will arise to what extent the European legal framework must be strengthened, even harmonised. With contributions bySilvia Allegrezza | Géraldine Bachoué | Basak Baglayan | Stefan Braum | Fatima Chaouche | Jörg Gerkrath | Katrin Kappler | Séverine Menétrey | Valsamis Mitsilegas | Adan Nieto Martin | Sandra M. B. Picicuto | Maitena Poelemans | Ralf Poscher | Rosaria Sicurella | Li-ann Thio | Santiago Wortman Jofre

This contributed volume examines the trend whereby the EU resorts ever more often to informal arrangements and deals with third countries in an effort to curb and manage migration flows towards the EU and facilitate the return of irregular migrants to their countries of origin or transit. The perceived success of the EU-Turkey deal provided a strong impetus for the continuation of this trend. The contributions collected and presented in this book aim to shed light on the implications of this trend for the EU constitutional order, the human rights of those affected by these deals, the third countries with which the EU cooperates, and the global refugee protection regime. They demonstrate how these deals raise more issues than they solve; by, for instance, sidestepping established Treaty rules and procedures, violating the human rights of those affected, and overburdening the nascent migration and asylum systems of third country partners. This book, the first volume to appear in the Global Europe Series, will be of great interest to researchers and policy makers working in the field of migration and asylum.Eva Kassoti and Narin Idriz work in the Research Department of the T.M.C. Asser Institute in The Hague.

"Employing an interdisciplinary, comparative approach, this book explores the inconsistent treatment of victims of involuntary sterilisation and castration in three Nordic countries over the last century. Using a vast range of primary and secondary sources, it investigates the development of rights and state responsibility"--

This book focuses on the analysis of coercive measures that sports federations are permitted to use as part of their investigations to investigate rule violations.

This edited volume represents a joint effort by international experts to analyze the prevalence and nature of gender-based domestic violence across the globe and how it is dealt with at both national and international levels.

This book presents a ground-breaking, interdisciplinary study into the various goals assigned to international criminal trials. It starts from the proposition that no hierarchy exists amongst the different goals meaning that trials should strive to achieve all of them in equal measure.

This book compares substantive and procedural aspects of compensation for wrongful convictions in European countries and the US, as well as the standard derived from the case law of the European Court of Human Rights. It considers similarities and differences between jurisdictions and assesses the effectiveness of the national compensation schemes.

The deeply moving memoir of an award-winning war correspondent turned activist ‿ and her rousing defence of human rights in times of resurgent authoritarianism. As a broadcast journalist for Sky News and Al Jazeera, Sherine Tadros was trained to tell only the facts, as dispassionately as possible. But how can you remain neutral when reporting from war zones, or witnessing brutal state repression?For twenty-six years, Tadros grew up in the quiet surroundings of her family‿s London home, and yet injustice was something her Egyptian immigrant parents could never shelter her from. From her first journalistic assignment trapped inside a war zone in the Gaza Strip, to covering the Arab uprisings that changed the course of history, Tadros searched for ways to make a difference in people‿s lives. But it wasn‿t until her fiancé left her on their wedding day, and her life fell apart, that she found the courage to pursue her true purpose. It was the beginning of a journey leading to her current work for Amnesty International at the United Nations, where she lobbies governments to ensure that human rights are protected around the world. With the compassion and verve of a clear-sighted campaigner and a natural storyteller, Tadros shares her remarkable journey from witnessing injustice to fighting it head-on in the corridors of power.

'Combatting' irregular migration is one of the key challenges to migration management at EU level. The present book addresses one of the most pressing structural problems regarding the EU's return policy: the low return rate of irregularly staying migrants. In this regard the EU Return Directive obliges Member States to issue a return decision, yet only 40% of such decisions are enforced annually. Moreover, despite the political and legal efforts, the EU is not making any significant progress in enforcing the rules it has laid down in the Return Directive. The legislation of EU Member States may, however, serve as a source for possible solutions to 'combat' the problem of irregularly staying migrants. It is for this reason that the book compares the system of regularisations in Austria, Germany and Spain. Regularisations constitute an effective alternative to returns because they terminate the irregular residence of migrants, not through deportation, but rather by granting a right of residence. Regularisation is therefore understood as each legal decision that awards legal residency to irregularly staying migrants. As is shown by the examination and comparison of regularisations in Austria, Germany and Spain, differentiated systems of regularisation exist at national level. However, EU regularisations supplementing the present return policy would be more effective at 'combatting' irregular migration at EU level.

This important Research Handbook explores the nexus between human rights, poverty and inequality as a critical lens for understanding and addressing key challenges of the coming decades, including the objectives set out in the Sustainable Development Goals. The Research Handbook starts from the premise that poverty is not solely an issue of minimum income and explores the profound ways that deprivation and distributive inequality of power and capability relate to economic, social, cultural, civil and political rights. Leading experts in the human rights field representing a range of disciplines outline a future research agenda to address poverty and inequality head on. Beginning with an interrogation of the definition of poverty, subsequent chapters analyse the dynamics of poverty and inequality in relation to matters such as race, gender, age, disability, sexual orientation, geography and migration status. The rights to housing, land, health, work, education, protest and access to justice are also explored, with a recognition of the challenges posed by corruption, climate change and new technologies. The Research Handbook on Human Rights and Poverty is an essential reference guide for those who teach in these areas and for scholars and students developing future research agendas of their own. This will also be a much-needed resource for people working practically to address poverty in both the Global North and Global South.

This book analyses the role of laws and judiciary in the process of censorship in India. It examines the rationales and observations produced by the judiciary when demands for censorship are directed against publications that allegedly offend religious sentiments.

This book presents a radical, but compelling, argument that liberal democracies must be able accommodate violent protest.

Justice After Stonewall is an interdisciplinary analysis of challenges and progress experienced by the LGBT community since the Stonewall riots in 1969.

This book carries out a comprehensive analysis of the María Luz incident from a legal perspective. While historians have written widely on the subject, the legal importance of this event has been relatively neglected. This book uses the case to explore the technical legal issues Japan was facing in its transition from pre-modernity to modernity.

This book presents a comprehensive examination of the Declaration on Human Rights Defenders and provides an analysis of the level of its reflection in regional human rights systems. The book will be a valuable resource for academics and researchers working in the areas of International Human Rights Law and Constitutional Law.

This book explores the intersection between business and religion from a legal perspective. Taking a fresh look at some of the most compelling literature in law and religion, it proposes a rethinking of what scholars on both sides of the Atlantic have dubbed 'church autonomy' or, more recently, 'corporate religious freedom'

This book presents a general framework for understanding EU sanctioning based on structural features and general legal principles. It bridges a gap in existing literature and sheds new light on the relationship between the exercise of jus puniendi and the evolution of EU integration.

"Through legal and social science-based analyses, this book explains why international courts underutilize their power and traces how this impacts international norms. Using the norm against torture and inhumane or degrading treatment as an example, it systematically analyses c.2,300 judgements from the European Court of Human Rights, 1967-2016"--

This volume contains contributions from three conferences held within the framework of the project "Law between Dialogue and Translation (The Example of Palestine)", funded by the German Academic Exchange Service (DAAD). The conferences were hosted by the project partners from the Department for Arabic and Islamic Studies of the University of Göttingen (Germany) and the Faculty of Law from Al-Quds University (Palestine) in 2019 and 2020, and the School of Graduate Studies of the State Islamic University Sunan Kalijaga Yogyakarta (Indonesia) in 2021. The project aimed to analyze how international law and human rights norms are implemented or "translated" into national legislation, with a special focus on the role of Islamic law and institutions in these processes. The volume provides a theoretical introduction on the concepts of "translation" of law and of "legal pluralism" and continues to discuss four main areas in which different practical aspects of these concepts can be observed: 1) the dealing of German and Palestinian judicial institutions with the relation between state, religion and rights of the individual, 2) achievements and challenges of women's rights implementation in Indonesia, 3) the entanglement of Sharia, Customary and State law in Palestine, and 4) recent developments in international criminal and humanitarian law in the Palestinian context.

This book explores different models of regulating the use of restrictive practices in health care and institutional settings. It will be invaluable to regulators, policymakers, lawyers, clinicians, consumer advocates and academics studying the use and regulation of restrictive practices in mental health, disability and aged care.