Between Criminalization and Protection PDF Download

Author: Vincenzo Militello
Publisher: BRILL
ISBN: 9004401725
Category : Law
Languages : en
Pages : 88

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Book Description
This volume is devoted to the dark side of human mobility, that is migrant smuggling, and, linked with it, human trafficking. Both subjects will be mainly treated from an Italian perspective; however, due to their having a generally transnational character, the analysis will necessarily require that international and supranational actions/measures also be taken into account. Moreover, the legal perspective will be supplemented by the phenomenological/criminological one, through which the authors try to provide the work with a realistic dimension aimed at grasping the practical aspects of both migrant smuggling and human trafficking emerging from the different ways in which such crimes are de facto committed.

Author: Trevor Hoppe
Publisher: Univ of California Press
ISBN: 0520291581
Category : Health & Fitness
Languages : en
Pages : 288

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Book Description
From the very beginning of the epidemic, AIDS was linked to punishment. Calls to punish people living with HIV—mostly stigmatized minorities—began before doctors had even settled on a name for the disease. Punitive attitudes toward AIDS prompted lawmakers around the country to introduce legislation aimed at criminalizing the behaviors of people living with HIV. Punishing Disease explains how this happened—and its consequences. With the door to criminalizing sickness now open, what other ailments will follow? As lawmakers move to tack on additional diseases such as hepatitis and meningitis to existing law, the question is more than academic.

Author: Antonio De Lauri
Publisher:
ISBN: 9789004431133
Category : Social Science
Languages : en
Pages : 234

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Book Description
Humanitarianism: Keywords is a comprehensive dictionary designed as a compass for navigating the conceptual universe of humanitarianism.

Author: Gian Luigi Gatta
Publisher: Bloomsbury Publishing
ISBN: 150993393X
Category : Law
Languages : en
Pages : 311

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Book Description
This book provides a systematic and comprehensive overview of the increased role of criminal law in managing migration, from a European, domestic and comparative law perspective. The contributors critically engage with the current trends leading to the criminalisation of irregular migrants, asylum seekers and those who engage in 'humanitarian smuggling' and the national and common policies calling for a broader use of criminal law measures. The chapters explore the measures used to protect borders and their impact in terms of effectiveness and their ability to strike a fair balance between security and the protection of human rights. The contributors to the book cover a range of disciplines within law, human rights and criminology resulting in a broad understanding of the issues at play.

Author: Jennifer Musto
Publisher: Univ of California Press
ISBN: 0520957741
Category : Social Science
Languages : en
Pages : 251

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Book Description
Control and Protect explores the meaning and significance of efforts designed to combat sex trafficking in the United States. A striking case study of the new ways in which law enforcement agents, social service providers, and nongovernmental advocates have joined forces in this campaign, this book reveals how these collaborations consolidate state power and carceral control. This book examines how partnerships forged in the name of fighting domestic sex trafficking have blurred the boundaries between punishment and protection, victim and offender, and state and nonstate authority.

Author: Michele Goodwin
Publisher: Cambridge University Press
ISBN: 110703017X
Category : Health & Fitness
Languages : en
Pages : 339

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Book Description
In Policing the Womb, Michele Goodwin explores how states abuse laws and infringe on rights to police women and their pregnancies. This book looks at the impact of these often arbitrary laws which can result in the punishment, incarceration, and humiliation of women, particularly poor women and women of color. Frequently based on unscientific claims of endangering a fetus, these laws allow extraordinary powers to state authorities over reproductive freedom and pregnancies. In this book, Michele Goodwin discusses real examples of women whose pregnancies have been controlled by the law and what has led to the United States being the deadliest country in the developed world for a woman to be pregnant.

Author: Rottem Rosenberg-Rubins
Publisher: Taylor & Francis
ISBN: 1000861066
Category : Law
Languages : en
Pages : 257

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Book Description
By exploring crimmigration at its intersection with international refugee law, this book exposes crimmigration as a system focused on the governance of territorially present migrants, which internalizes the impracticability of removal and replaces expulsion with domestic policing. The convergence of criminal law and immigration law, known as crimmigration, has become perhaps the paradigmatic model for governing migration in the age of globalization. This book offers a unique way of understanding crimmigration as a system of governmentality, the primary target of which is the population, its principal form of knowledge being political economy, and its essential mechanism being the apparatus of security. It does so by characterizing a particular model of crimmigration, termed ‘crimmigration under international protection’, which targets refugees and asylum-seekers who are principally undeportable under international law. The book draws on comparative research of such models implemented worldwide, combined with a detailed case study of the immigration detention system instigated in Israel for coping with asylum-seekers specifically and exclusively. These models demonstrate that, at its core, crimmigration is not a system of outright social exclusion focused on the expulsion of undesirable migrants, but rather one focused on the management, classification and policing of domestic populations. It is argued that under crimmigration regimes criminal law becomes instrumental in the facilitation of gradual assimilation, by shifting immigration enforcement from the margins of the state to the daily supervision of territorially present migrants. The book illustrates this point by focusing on three main themes: crimmigration as domestication; crimmigration as civic stratification and crimmigration as a mechanism coined by Foucault as the apparatus of security and by Deleuze as the society of control. By exploring these themes, the book offers a comprehensive framework for understanding the rise of crimmigration and the particular ways in which it targets resident migrants. The book will be of interest to researchers and academics working in the areas of criminal law and criminology, immigration law, citizenship studies, globalization studies, border studies and critical refugee studies.

Author: Rashida Manjoo
Publisher: Routledge
ISBN: 1351732838
Category : Law
Languages : en
Pages : 194

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Book Description
Violence against women remains one of the most pervasive human rights violations in the world today, and it permeates every society, at every level. Such violence is considered a systemic, widespread and pervasive human rights violation, experienced largely by women because they are women. Yet at the international level, there is a gap in the legal protection of women from violence. There is currently no binding international convention that explicitly prohibits such violence; or calls for its elimination; or, mandates the criminalisation of all forms of violence against women. This book critically analyses the treatment of violence against women in the United Nations system, and in three regional human rights systems. Each chapter explores the advantages and disadvantages coming from the legal instruments, the work of the monitoring systems, and the resulting findings and jurisprudence. The book proposes that the gap needs to be addressed through a new United Nations Convention on the Elimination of All Forms of Violence against Women, or alternatively an Optional Protocol to the Convention on the Elimination of all Forms of Discrimination against Women. A new Convention or Optional Protocol would be part of the transformative agenda that is needed to normatively address the promotion of a life free of violence for women, the responsibility of states to act with due diligence in the elimination of all forms of violence against all women, and the systemic challenges that are the causes and consequences of such violence.

Author: Stuart P. Green
Publisher: Oxford University Press, USA
ISBN: 0197507484
Category : Law
Languages : en
Pages : 409

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Book Description
"Starting in the latter part of the 20th century, the law of sexual offenses, especially in the West, began to reflect a striking divergence. On the one hand, the law became significantly more punitive in its approach to sexual conduct that is nonconsensual or unwanted, as evidenced by a major expansion in the definition of rape and sexual assault, and the creation of new offenses like sex trafficking, child grooming, revenge porn, and female genital mutilation. On the other hand, it became markedly more permissive in how it dealt with conduct that is consensual, a trend that can be seen, for example, in the legalization or decriminalization of sodomy, adultery, and adult pornography. This book explores the conceptual and normative implications of this divergence. In doing so, it assumes that the proper role of the criminal law in a liberal state is to protect individuals in their right not to be subjected to sexual contact against their will, while also safeguarding their right to engage in (private consensual) sexual conduct in which they do wish to participate. Although consistent in the abstract, these dual aims frequently come into conflict in practice. The book develops a framework for harmonization in the context of a wide range of nonconsensual, consensual, and aconsensual sexual offenses (hence, the "unified" nature of the theory) -- including rape-as-unconsented-to-sex, rape-by-deceit, rape-by-coercion, rape of a person who lacks capacity to consent, statutory rape, abuse of position, sexual harassment, voyeurism, indecent exposure, incest, sadomasochistic assault, prostitution, bestiality, and necrophilia"--

Author: Neil Boister
Publisher: Oxford University Press, USA
ISBN: 0199605394
Category : Law
Languages : en
Pages : 353

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Book Description
States criminalise a wide range of transnational offences, such as piracy, human trafficking, drug trafficking, terrorism, organised crime, and cybercrime. This book provides an introduction to this developing area of law, setting out what transnational crimes are, and how states can establish jurisdiction over them and enforce it.