Human Rights Transformed

Positive Rights and Positive Duties

Author: Sandra Fredman FBA

Publisher: OUP Oxford

ISBN: 0191021709

Category: Political Science

Page: 288

View: 5155

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Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals' ability to exercise their rights. This view fundamentally shifts the focus of human rights. As well as restraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. This in turn breaks down traditional distinctions between civil and political rights and socio-economic rights. Instead, all rights give rise to a range of duties, both negative and positive. However, because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. Drawing on comparative experience from India, South Africa, the European Convention on Human Rights, the European Union, Canada and the UK, this book aims to create a theoretical and applied framework for understanding positive human rights duties. Part I elaborates the values of freedom, equality, and solidarity underpinning a positive approach to human rights duties, and argues that the dichotomy between democracy and human rights is misplaced. Instead, positive human rights duties should strengthen rather than substitute for democracy, particularly in the face of globalization and privatization. Part II considers justiciability, fashioning a democratic role for the courts based on their potential to stimulate deliberative democracy in the wider environment. Part III applies this framework to key positive duties, particularly substantive equality and positive duties to provide, traditionally associated with the Welfare State or socio-economic rights.

The Constitutional Structure of Proportionality

Author: Matthias Klatt,Moritz Meister

Publisher: Oxford University Press on Demand

ISBN: 0199662460

Category: Law

Page: 184

View: 6191

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Proportionality is one of the most important principles in constitutional law, relevant throughout the law and in jurisdictions worldwide. Setting out the 'state of the art' in proportionality doctrine, this book combines theoretical reconstruction with case-law examples, defending and developing the dominant model of proportionality.

Human Rights and the Capabilities Approach

An Interdisciplinary Dialogue

Author: Diane Elson,Sakiko Fukuda-Parr,Polly Vizard

Publisher: Routledge

ISBN: 1317979214

Category: Social Science

Page: 232

View: 6125

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Among several contesting views about the purpose of development and how progress should be evaluated, human rights and capabilities (or human development) stand out as two approaches that are concerned first and foremost with the well-being of individuals, their freedom, dignity and empowerment. These two approaches contrast sharply with the dominant development frameworks that emphasize economic growth as the essential objective. Though human rights and capabilities share these common commitment to human priorities, they are distinct concepts and fields that have developed separately. The aim of this volume is to explore the relationship between them in order to enhance the understanding of both as theoretical paradigms, as public policy frameworks and as approaches to development. The book includes contributions from some of the leading scholars in the two fields of capabilities approach and human rights. It covers the essential aspects of this relationship: addressing the complementarities between human rights and capabilities as theoretical concepts; how the concept of capabilities can contribute to resolving some key theoretical issues in human rights; how the social science analysis and methods of the capabilities approach can clarify human rights concepts and strengthen human rights advocacy; and how human rights norms can strengthen public policy and mobilize collective action to demand greater accountability in placing human priorities first in public policy. Human Rights and the Capabilities Approach raises many questions for further inter-disciplinary conversation and further research. This book was originally published as a special issue of the Journal of Human Development and Capabilities, and has been expanded with two additional articles from this journal and a new foreword by Professor Amartya Sen.

Human Rights Law

Author: Merris Amos

Publisher: Bloomsbury Publishing

ISBN: 1849468184

Category: Law

Page: 688

View: 9076

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In this completely revised and updated second edition of Human Rights Law, the judicial interpretation and application of the United Kingdom's Human Rights Act 1998 is comprehensively examined and analysed. Part I concerns key procedural issues including: the background to the Act; the relationship between UK courts and the European Court of Human Rights; the definition of victim and public authority; determining incompatibility including deference and proportionality; the impact of the Act on primary legislation; and damages and other remedies for the violation of Convention rights. In Part II of the book, the Convention rights as interpreted and applied by United Kingdom courts, are discussed in detail. All important Convention rights are included with a new chapter on freedom of thought, conscience and religion. Other Convention rights considered in the national context include: the right to life; freedom from torture; the right to liberty; fair trial; the right to private life, family life and home; the right to peaceful enjoyment of possessions; and the right to freedom from discrimination in the enjoyment of Convention rights. The second edition of Human Rights Law will be invaluable for those teaching, studying and practising in the areas of United Kingdom human rights law, constitutional law and administrative law.

Human Rights Protection in Global Politics

Responsibilities of States and Non-State Actors

Author: K. Mills,D. Karp

Publisher: Springer

ISBN: 1137463171

Category: Political Science

Page: 316

View: 7792

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This edited book by Mills and Karp brings together political, legal and moral perspectives on the responsibilities of human rights protection in world politics today. It critiques a narrow focus on states' 'violations' of human rights, incorporates non-state actors, and looks beyond the 'Responsibility to Protect' policy framework.

Discrimination Law

Author: Sandra Fredman FBA

Publisher: OUP Oxford

ISBN: 0191621080

Category: Law

Page: 384

View: 1567

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Equality is an ideal to which we all aspire. Yet the more closely we examine it, the more its meaning shifts. How do we explain how equal treatment can in effect lead to inequality, while unequal treatment might be necessary in order to achieve equality? The apparent paradox can be understood if we accept that equality can be formulated in different ways, depending on which underlying conception is chosen. In this highly readable yet challenging book, Sandra Fredman examines the ways in which discrimination law addresses these questions. The new edition retains the format of the highly successful first edition, while incorporating the many new developments in discrimination law since 2002, including the Equality Act 2010, human rights law, and EU law. By using a thematic approach, the book illuminates the major issues in discrimination law, while at the same time imparting a detailed understanding of the legal provisions. The comparative approach is particularly helpful; by examining comparable law in the US, India, Canada, and South Africa, as well as the UK, the book exposes common problems and canvasses differing solutions. As in the previous edition, the book locates discrimination in its wider social and historical context. Drawing on the author's wide experience of equality law in many jurisdictions, she creates an analytic framework to assess the substantive law. The book is a thought-provoking and accessible overview of the way in which equality law has adjusted to new and increasingly complex challenges. It concludes that progress has been evident, but uneven. Those dedicated to equality still face an exacting, but ultimately deeply rewarding, task.

Voices at Work

Continuity and Change in the Common Law World

Author: Alan Bogg,Tonia Novitz

Publisher: OUP Oxford

ISBN: 0191505668

Category: Law

Page: 470

View: 1290

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This edited collection is the culmination of a comparative project on 'Voices at Work' funded by the Leverhulme Trust 2010 - 2013. The book aims to shed light on the problematic concept of worker 'voice' by tracking its evolution and its complex interactions with various forms of law. Contributors to the volume identify the scope for continuity of legal approaches to voice and the potential for change in a sample of industrialised English speaking common law countries, namely Australia, Canada, New Zealand, UK, and USA. These countries, facing broadly similar regulatory dilemmas, have often sought to borrow and adapt certain legal mechanisms from one another. The variance in the outcomes of any attempts at 'borrowing' seems to demonstrate that, despite apparent membership of a 'common law' family, there are significant differences between industrial systems and constitutional traditions, thereby casting doubt on the notion that there are definitive legal solutions which can be applied through transplantation. Instead, it seems worth studying the diverse possibilities for worker voice offered in divergent contexts, not only through traditional forms of labour law, but also such disciplines as competition law, human rights law, international law and public law. In this way, the comparative study highlights a rich multiplicity of institutions and locations of worker voice, configured in a variety of ways across the English-speaking common law world. This book comprises contributions from many leading scholars of labour law, politics and industrial relations drawn from across the jurisdictions, and is therefore an exceedingly comprehensive comparative study. It is addressed to academics, policymakers, legal practitioners, legislative drafters, trade unions and interest groups alike. Additionally, while offering a critique of existing laws, this book proposes alternative legal tools to promote engagement with a multitude of 'voices' at work and therefore foster the effective deployment of law in industrial relations.

Human Rights and Social Policy

A Comparative Analysis of Values and Citizenship in OECD Countries

Author: Ann Nevile

Publisher: Edward Elgar Pub

ISBN: N.A

Category: Political Science

Page: 241

View: 8742

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This fascinating study evaluates whether the recent focus on human rights, citizenship and values makes a difference to service delivery on the ground. In doing so, it bridges the social policy and human rights literature.

Discrimination Law

Author: Sandra Fredman

Publisher: Oxford University Press on Demand

ISBN: 0199584427

Category: Law

Page: 348

View: 1022

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A highly readable introduction to equality law and how it has adjusted to new and complex problems. Including an historical overview and comparative analysis, it thematically illuminates and discusses the major issues in discrimination law. This edition incorporates recent changes to the law, most importantly the Equality Act 2010.

Institutionalizing Intersectionality

The Changing Nature of European Equality Regimes

Author: A. Krizsan,H. Skjeie,J. Squires

Publisher: Springer

ISBN: 1137031069

Category: Social Science

Page: 242

View: 742

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An exploration of the ways that multiple inequalities are being addressed in Europe. Using country-based and region-specific case studies it provides an innovative comparative analysis of the multidimensional equality regimes that are emerging in Europe, and reveals the potential that these have for institutionalizing intersectionality.

Constitutional and Administrative Law

Author: John Alder

Publisher: N.A

ISBN: N.A

Category: Administrative law

Page: 559

View: 5396

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This textbook explains the basic legal principles of the UK constitution in an accessible and critical way. This edition addresses recent legal developments in this area, discussing topics such as the Constitutional Reform Act 2005 and recent anti-terrorism legislation.

Menschenrechte

Ideale, Instrumente, Institutionen

Author: Thomas Buergenthal,Daniel Thürer

Publisher: N.A

ISBN: N.A

Category: Law

Page: 456

View: 2895

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Unlocking Democracy

20 Years of Charter 88

Author: Peter Facey,Bethan Rigby,Alexandra Runswick

Publisher: N.A

ISBN: 9781842752326

Category: Constitutional law

Page: 340

View: 8394

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The UK's democracy & constitution have undergone a period of unprecedented change. This book provides a unique opportunity for a diverse range of major contributors to reflect on the current state of our democracy, 20 years after the founding of ground-breaking campaign group Charter 88.

Global governance and the UN

an unfinished journey

Author: Thomas George Weiss,Ramesh Chandra Thakur,John Gerard Ruggie

Publisher: Indiana Univ Pr

ISBN: N.A

Category: Political Science

Page: 420

View: 3087

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In the 21st century, the world is confronted by threats of global scale that cannot be tackled without collective action. Although global government as such does not exist, formal and informal institutions, practices, and initiatives -- together forming "global governance" -- bring a greater measure of predictability, stability, and order to trans-border issues than might be expected. Yet, there are significant gaps between many current global problems and available solutions. Thomas G. Weiss and Ramesh Thakur analyze the UN's role in addressing such lapses, which they identify as knowledge, normative, policy, institutional, and compliance gaps. The UN's relationship to these five global governance gaps is explored through case studies of some of the most burning problems of our age, including terrorism, nuclear proliferation, humanitarian crises, development aid, climate change, human rights, and HIV/AIDS.