The book envisions legal and social change in which policies and practice protect children's sense of belonging, dignify their narratives, protect their need to be authentic beings and nourish hope for change and growth in children at risk and their families.
This text collates and examines the jurisprudence that currently exists in respect of blood-tied genetic connection, arguing that the right to identity often rests upon the ability to identify biological ancestors, which in turn requires an absence of adult-centric veto norms. It looks firstly to the nature and purpose of the blood-tie as a unique item of birthright heritage, whose socio-cultural value perhaps lies mainly in preventing, or perhaps engendering, a feared or revered sense of ‘otherness.’ It then traces the evolution of the various policies on ‘telling’ and accessing truth, tying these to the diverse body of psychological theories on the need for unbroken attachments and the harms of being origin deprived. The ‘law’ of the blood-tie comprises of several overlapping and sometimes conflicting strands: the international law provisions and UNCRC Country Reports on the child’s right to identity, recent Strasbourg case law, and domestic case law from a number of jurisdictions on issues such as legal parentage, vetoes on post-adoption contact, court-delegated decision-making, overturned placements and the best interests of the relinquished child. The text also suggests a means of preventing the discriminatory effects of denied ancestry, calling upon domestic jurists, legislators, policy-makers and parents to be mindful of the long-term effects of genetic ‘kinlessness’ upon origin deprived persons, especially where they have been tasked with protecting this vulnerable section of the population.
The classic work that redefined the sociology of knowledge and has inspired a generation of philosophers and thinkers In this seminal book, Peter L. Berger and Thomas Luckmann examine how knowledge forms and how it is preserved and altered within a society. Unlike earlier theorists and philosophers, Berger and Luckmann go beyond intellectual history and focus on commonsense, everyday knowledge—the proverbs, morals, values, and beliefs shared among ordinary people. When first published in 1966, this systematic, theoretical treatise introduced the term social construction,effectively creating a new thought and transforming Western philosophy.
There is, literally, a world of difference between the statements "Everyone should have adequate food," and "Everyone has the right to adequate food." In George Kent's view, the lofty rhetoric of the first statement will not be fulfilled until we take the second statement seriously. Kent sees hunger as a deeply political problem. Too many people do not have adequate control over local resources and cannot create the circumstances that would allow them to do meaningful, productive work and provide for themselves. The human right to an adequate livelihood, including the human right to adequate food, needs to be implemented worldwide in a systematic way. Freedom from Want makes it clear that feeding people will not solve the problem of hunger, for feeding programs can only be a short-term treatment of a symptom, not a cure. The real solution lies in empowering the poor. Governments, in particular, must ensure that their people face enabling conditions that allow citizens to provide for themselves. In a wider sense, Kent brings an understanding of human rights as a universal system, applicable to all nations on a global scale. If, as Kent argues, everyone has a human right to adequate food, it follows that those who can empower the poor have a duty to see that right implemented, and the obligation to be held morally and legally accountable, for seeing that that right is realized for everyone, everywhere.
Christine Evans assesses the right to reparation for victims of armed conflict in international law and in national practice.
Practices of immigration detention in Europe are largely resistant to conventional forms of legal correction. By rethinking the notion of territorial sovereignty in modern constitutionalism, this book puts forward a solution to the problem of legally permissive immigration detention.
As a best-selling introductory book on the basics of social research, The Good Research Guide provides an accessible yet comprehensive introduction to the main approaches to social research and the methods most commonly used by researchers in the social sciences. This edition has been updated to account for recent developments in the field such as: The emergence of mixed methods approaches Increased use of internet research More frequent use of methods such as triangulation and focus groups Developments in research ethics Written for anyone undertaking a small-scale research project, either as part of an academic course or as part of their professional development, this book provides: A clear, straightforward introduction to data collection methods and data analysis Explanations of the key decisions researchers need to take, with practical advice on how to make appropriate decisions Essential checklists to guide good practice This book is perfect for the first-time researcher looking for guidance on the issues they should consider and traps they should avoid when embarking on a social research project.
Written by leading experts, Nationality and Statelessness under International Law introduces the study and practice of 'international statelessness law' and explains the complex relationship between the international law on nationality and the phenomenon of statelessness. It also identifies the rights of stateless people, outlines the major legal obstacles preventing the eradication of statelessness and charts a course for this new and rapidly changing field of study. All royalties from the sale of this book support stateless projects.
"The Handbook aims to be a practical tool for implementation, explaining and illustrating the implications of each article of the Convention on the Rights of the Child and of the two Optional Protocols adopted in 2000 as well as their interconnections."--P. xvii.
This handbook brings together the work of 25 leading human rights scholars from all over the world, covering a broad range of human rights topics.
Millions of people are today forced to flee their homes as a result of conflict, systematic discrimination, or other forms of persecution. The core instruments on which they must rely to secure international protection are the 1951 Convention Relating to the Status of Refugees and its 1967 Protocol. This book examines key challenges that the Convention faces, including the scope of the principle of non-refoulement and the proper application of the elements of the refugee definition. The Office of the United Nations High Commissioner for Refugees (UNHCR) commissioned papers on these issues from some of the world's pre-eminent international refugee lawyers, discussed at a series of expert roundtable meetings during 2001 as part of UNHCR's Global Consultations on International Protection. The papers and roundtable conclusions are published here, together with an introduction and the landmark declaration of the 2001 Ministerial Meeting of States Parties to the Convention and/or Protocol.
Discusses population growth, food production, energy, industry, and urban development, and suggests ways to promote economic growth while protecting the environment.
This title includes the following features: UNHCR is a high-profileorganziation, seldom out of the news; Contains a wealth of statistical tables,graphs, and maps; Humanitarian aid and refugee crises are topics of continualpublic debate
This work examines the role of the Organization of African Unity, now the African Union, and how it has dealt with human rights since its inception in 1963. It considers the role of its main institutions both under the OAU and its transformation into the African Union. The book is divided into chapters examining various themes including the rights of women, the rights of the child, the concept of democracy and the right to development. Written by a leading human rights scholar, this book is essential reading for lawyers acting for African states, and for foreign governments and NGOs active in Africa, as well as being of interest to international and comparative human rights scholars.
Study on MDGs and human rights aims which should be part of constitutional reforms moderated by United Nations Millennium Campaign and United Nations Development Programme.
The rule of law has been celebrated as “an unqualified human good," yet there is considerable disagreement about what the ideal of the rule of law requires. When people clamor for the preservation or extension of the rule of law, are they advocating a substantive conception of the rule of law respecting private property and promoting liberty, a formal conception emphasizing an “inner morality of law,” or a procedural conception stressing the right to be heard by an impartial tribunal and to make arguments about what the law is? When are exertions of executive power “outside the law” justified on the ground that they may be necessary to maintain or restore the conditions for the rule of law in emergency circumstances, such as defending against terrorist attacks? In Getting to the Rule of Law a group of contributors from a variety of disciplines address many of the theoretical legal, political, and moral issues raised by such questions and examine practical applications “on the ground” in the United States and around the world. This timely, interdisciplinary volume examines the ideal of the rule of law, questions when, if ever, executive power “outside the law” is justified to maintain or restore the rule of law, and explores the prospects for and perils of building the rule of law after military interventions.
First Published in 2000. Routledge is an imprint of Taylor & Francis, an informa company.
'Positive complementarity' has become a trendy term since the 2010 Kampala Review Conference. Little thought went into its definition when it was first coined in informal discussions at the International Criminal Court in 2003. 'Complementarity' in the Court's Statute is a passive admissibility threshold below which the Court will not investigate or prosecute. The process to construct national ability to investigate and prosecute core international crimes, on the other hand, requires tireless efforts by numerous international and national actors for many years to come. Democratizing the access to legal information should lie at the heart of such capacity building and knowledge-transfer. One way of reducing existing conditions of inequality faced by war crimes lawyers and investigators operating in different jurisdictions is to facilitate the direct access of national actors to legal sources and knowledge. This book seeks to make the existing capacity building discourse more practical, focused and real. It brings together contributions by persons with expertise in the practice of capacity building, the development and maintenance of tools that can be used to make knowledge-transfer more effective and sustainable, and international criminal law. The Legal Tools Project of the International Criminal Court - a technical platform that can be used by those who intend to strengthen capacity - is discussed in some detail.