Menneskerettigheder og borgerrettigheder (jura)

Concrete Utopia  conceptualizes the human rights project of the last two and a half centuries as a “backward-looking” endeavor, which, in order to move forward, must return to the utopian roots of its foundational documents. Human rights advance by judging the ills of the present world from a standpoint in the future where they might no longer exist—a fundamentally utopian gesture. This peculiar character of human rights makes them continually ripe for reinvention and for responding to changing world circumstances. Looking at topics such as the Auschwitz trials in Frankfurt in the mid-1960s, public outrage to the Vietnam War, the US civil rights movement and the founding of Amnesty International in 1961, this book surveys the history of human rights and how they have been reconceived at different points in time. It closes by sketching the way they may be re-envisioned for new struggles in the 21st century.At a time when the human rights project has endured criticism for being toothless or even for providing a pretext for military invasions, Kaleck argues that the current global crises, from inequality, to ecological collapse and the “age of pandemics,” can be countered by reinventing human rights work through feminist, decolonial and ecological interventions.

A bold, groundbreaking argument by a world-renowned expert that unless we treat free speech as the fundamental human right, there can be no others.What are human rights? Are they laid out definitively in the UN’s Universal Declaration of Human Rights or the US Bill of Rights? Are they items on a checklist—dignity, justice, progress, standard of living, health care, housing? In The Most Human Right, Eric Heinze explains why global human rights systems have failed. International organizations constantly report on how governments manage human goods, such as fair trials, humane conditions of detention, healthcare, or housing. But to appease autocratic regimes, experts have ignored the primacy of free speech. Heinze argues that goods become rights only when citizens can claim them publicly and fearlessly: free speech is the fundamental right, without which the very concept of a “right” makes no sense.  Heinze argues that throughout history countless systems of justice have promised human goods. What, then, makes human rights different? What must human rights have that other systems have lacked? Heinze revisits the origins of the concept, exploring what it means for a nation to protect human rights, and what a citizen needs in order to pursue them. He explains how free speech distinguishes human rights from other ideas about justice, past and present.

O Projeto Temático (PET) em Direitos Humanos, desenvolvido pela Ambra University e coordenado pela Professora Priscila Caneparo, resultou nesta magnífica obra, estabelecendo como objetivo concreto a apresentação para a comunidade temas contemporâneos dos Direitos Humanos, de forma acessível, científica e extremamente pertinente com a realidade. Assim, o livro convida o leitor a se situar dentre as principais temáticas da Agenda Internacional relacionada aos temas de direitos humanos, capacitando-o para que possa desenvolver novos estudos e ações frente à temática.

Chile's constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country's constitution.Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process.Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.

"Despite the ever-growing interest in freedom of religion or belief, for over twenty years there has not been a comprehensive doctrinal analysis focusing exclusively on Article 9 of the European Convention on Human Rights and related jurisprudence of the European Court of Human Rights. This book fills this critical gap"--

This book provides a new conceptual model for considering constitutional rights from a comparative perspective. A prestigious club bars women from standing for executive positions. A homeowner refuses to rent their house to a person on grounds of their race. Each of these real-life cases involves the exercise of private power, which deprives individuals of their rights. Can these individuals invoke the Constitution in response? Horizontal Rights: An Institutional Approach brings a fresh perspective to these age-old, yet fraught issues. This book argues that constitutional scholarship and doctrine, across jurisdictions, has proceeded from an inarticulate premise called 'default verticality.' This is based on a set of underlying philosophical assumptions, which presumes that constitutional rights are presumptively applicable against the State, and need special justification to be applied against private parties.Departing from default verticality and its assumptions, this book argues that constitutional rights should apply horizontally between private parties where the existence of an economic, social, or cultural institution creates a difference in power between the parties, and allows one to violate the rights of the other. The institutional approach aims to be both theoretically convincing, as well as a providing a workable model for constitutional adjudication. It applies both to classic issues such as restrictive covenants, as well as cutting-edge contemporary legal problems around the regulation of platform work and the distribution of property upon divorce. This promises to be an exciting new contribution to the global conversation around constitutional rights and private power.

'A fascinating insider account' Grace Blakeley British democracy is on trial. We can no longer hold our leaders to account; the state has too much power; and the truth doesn't matter at all. Those we voted into government have nothing but contempt for the democratic system that got them there. When the Prime Minister illegally prorogued Parliament, barrister Sam Fowles was part of the team that took him to court, and won. The scenes of the police violently restraining women at a vigil for Sarah Everard shook the nation. In a high-profile parliamentary inquiry, Fowles proved the Met's actions fundamentally breached our right to protest. For decades, the Post Office pursued criminal prosecutions against its own employees, knowing the evidence was dodgy all along. Fowles helped reveal the rot at the heart of a trusted national institution. We shouldn't have to take our rulers to court just to get them to follow the rules. At a crucial juncture for British governance, Fowles urges us not to take our freedoms for granted.

I begyndelsen af 2019, efter mere end et års omhyggelig planlægning, undslap Rahaf Mohammed sin voldelige familie i Saudi-Arabien – men nåede kun til Bangkok, før hun blev tilbageholdt af de thailandske myndigheder på et hotel. Hun var sikker på at blive slået ihjel, som andre oprørske kvinder fra Saudi- Arabien, hvis hun blev sendt hjem. Alt imens der blev hamret på døren til hendes barrikaderede hotelværelse, åbnede hun en Twitter-konto, hvor hun fik 45.000 følgere på en dag; de samme følgere hjalp hende med at søge om asyl i Vesten.Rahaf fortæller om en opvækst i et samfund, som påtvinger kvinder at leve under ekstrem kontrol fra mandlige familiemedlemmer, frem til hendes dramatiske flugt fra Saudi-Arabien via Thailand og til sidst Canada, hvor hun bor i dag.

"The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools."--

Without a moment's pause, we share our most intimate thoughts with trillion-dollar tech companies. Their algorithms categorize us and jump to conclusions about who we are. They even shape our everyday thoughts and actions - from who we date to how we vote. But this is just the latest front in an age-old struggle.Part history and part manifesto, Freedom to Think charts the history and importance of our most basic human right: freedom of thought. From Galileo to Nudge Theory to Alexa, human rights lawyer Susie Alegre explores how the powerful have always sought to get inside our heads, influence how we think and shape what we buy. Providing a bold new framework to understand how our agency is being gradually undermined, Freedom to Think is a ground-breaking and vital charter for taking back our humanity and safeguarding our reason.

Der Sturz Napoleons jahrt sich 2014 zum zweihundertsten Mal; und ebenso die Restauration der franzosischen Monarchie unter den Bourbonen. Was bedeutet aber uberhaupt "e;Restauration"e;? Volker Sellin lost den Begriff aus der Fixierung auf das Epochenjahr 1814 und interpretiert Restauration ubergreifend als eine Politik der Konsolidierung der von der Revolution bedrohten Monarchien durch den Erlass von Verfassungen. Europaisch vergleichend von Spanien bis Russland entwirft er auf dieser Grundlage eine uberraschende Geschichte des 19. Jahrhunderts.

'Devastating and urgent, this book could not be more timely' Caroline Criado Perez, award-winning and bestselling author of Invisible WomenDanielle Citron takes the conversation about technology and privacy out of the boardrooms and op-eds to reach readers where we are - in our bathrooms and bedrooms; with our families and our lovers; in all the parts of our lives we assume are untouchable - and shows us that privacy, as we think we know it, is largely already gone.The boundary that once protected our intimate lives from outside interests is an artefact of the twentieth century. In the twenty-first, we have embraced a vast array of technology that enables constant access and surveillance of the most private aspects of our lives. From non-consensual pornography, to online extortion, to the sale of our data for profit, we are vulnerable to abuse -- and our laws have failed miserably to keep up.With vivid examples drawn from interviews with victims, activists and lawmakers from around the world, The Fight for Privacy reveals the threat we face and argues urgently and forcefully for a reassessment of privacy as a human right. As a legal scholar and expert, Danielle Citron is the perfect person to show us the way to a happier, better protected future.

Looking at key questions of how companies are held accountable under private law, this book presents a succinct and accessible framework for analysing and answering corporate attribution problems in private law.Corporate attribution is the process by which the acts and states of mind of human individuals are treated as those of a company to establish the company's rights, duties, and liabilities. But when and why are acts and states of mind attributed in private law? Drawing on a wide range of material from across the disparate areas of company law, agency law, and the laws of contract, tort, unjust enrichment, and equitable obligations, this book's central argument is that attribution turns on the allocation and delegation of the company's own powers to act. This approach allows for a much greater and clearer understanding of attribution. A further benefit is that it shows attribution to be much more united and coherent than it is commonly thought to be. Looking at corporate attribution across the broad expanse of the common law, this book will be of interest to lawyers across the common law world, including the United Kingdom, Australia, Canada, and Singapore.

This book engages in a theological critique of the legal frameworks and theoretical approaches of Australia, the US and England to create a peaceful coexistence of difference which supports both religious freedom and equality.It develops a new framework for reconciling religious freedom and discrimination in Western liberal democracies and presents a unique approach to practically supporting both religious freedom and equality as fundamentally important objectives which promote more compassionate and cohesive communities. The book applies the idea of peaceful coexistence of difference by assuming the dignity and goodwill of different people and perspectives, and proceeds upon shared virtues such as love which are affirmed by all.

Den 7. januar 2015 rettede to islamister et angreb mod redaktionen på det franske satireblad Charlie Hebdo, hvorunder de dræbte 12 og sårede yderligere 11. To dage senere, den 9. januar, angreb en tredje islamist et jødisk supermarked i Paris, hvor han dræbte fire jøder og tog et antal gidsler. Angrebet var koordineret med attentatet mod Charlie Hebdo. Alle tre terrorister blev efterfølgende dræbt i skudkampe med politiet. Fra 2. september til 16. december 2020 blev der i Paris ført proces mod 14 personer, der var tiltalt for at have bistået de dræbte terrorister. Richard Malka repræsenterede Charlie Hebdo, der som skadelidt, juridisk person var part i retssagen. ”Retten til at mobbe Gud” er Malkas procedure, hans afsluttende sagsfremstilling, i retssagen.