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Capturing Caste in Law

Capturing Caste in Law PDF Author: Annapurna Waughray
Publisher: Taylor & Francis
ISBN: 1317613635
Category : Law
Languages : en
Pages : 387

Book Description
This book is about the legal regulation of caste discrimination. It highlights the difficulty of capturing caste in international and domestic law, and suggests solutions. Its aim is to contribute to the task of understanding how to secure effective legal protection from and prevention of discrimination on grounds of caste, and why this is important and necessary. It does this by examining the legal conceptualization and regulation of caste as a social category and as a ground of discrimination, in international law and in two national jurisdictions (India and the UK), identifying their complexities, strengths, limitations and potential. Adopting a broadly chronological approach, the book aims to present an account of the role of law in the construction of caste inequality and discrimination, and the subsequent legal efforts to dismantle it. The book will be of value to lawyers and non-lawyers, academics and students of human rights, international law, equalities and discrimination, descent-based and caste-based discrimination, minority rights, and South Asia and its diaspora. It will be a resource for legal practitioners and those in the public and non-governmental sectors involved in the implementation, interpretation and enforcement of equality law in the UK – the first European country to introduce the word "caste" into domestic equality legislation – and in countries with South Asian diasporas such as the USA.

Capturing Caste in Law

Capturing Caste in Law PDF Author: Annapurna Waughray
Publisher: Taylor & Francis
ISBN: 1317613635
Category : Law
Languages : en
Pages : 387

Book Description
This book is about the legal regulation of caste discrimination. It highlights the difficulty of capturing caste in international and domestic law, and suggests solutions. Its aim is to contribute to the task of understanding how to secure effective legal protection from and prevention of discrimination on grounds of caste, and why this is important and necessary. It does this by examining the legal conceptualization and regulation of caste as a social category and as a ground of discrimination, in international law and in two national jurisdictions (India and the UK), identifying their complexities, strengths, limitations and potential. Adopting a broadly chronological approach, the book aims to present an account of the role of law in the construction of caste inequality and discrimination, and the subsequent legal efforts to dismantle it. The book will be of value to lawyers and non-lawyers, academics and students of human rights, international law, equalities and discrimination, descent-based and caste-based discrimination, minority rights, and South Asia and its diaspora. It will be a resource for legal practitioners and those in the public and non-governmental sectors involved in the implementation, interpretation and enforcement of equality law in the UK – the first European country to introduce the word "caste" into domestic equality legislation – and in countries with South Asian diasporas such as the USA.

Fifty Years of the International Convention on the Elimination of All Forms of Racial Discrimination

Fifty Years of the International Convention on the Elimination of All Forms of Racial Discrimination PDF Author: David Keane
Publisher:
ISBN: 9781526132284
Category : Internation Convention on the Elimination of All Forms of Racial Discrimination (1965 December 21)
Languages : en
Pages :

Book Description
This is an edited collection on ICERD, the oldest of the UN human rights treaties. It provides a unique combination of members of the Committee on the Elimination of Racial Discrimination (CERD) and academic and other experts, to discuss the importance of the treaty on its 50th anniversary.

Caste

Caste PDF Author: Isabel Wilkerson
Publisher: Random House Trade Paperbacks
ISBN: 0593230272
Category : Social Science
Languages : en
Pages : 545

Book Description
#1 NEW YORK TIMES BESTSELLER • OPRAH’S BOOK CLUB PICK • “An instant American classic and almost certainly the keynote nonfiction book of the American century thus far.”—Dwight Garner, The New York Times The Pulitzer Prize–winning, bestselling author of The Warmth of Other Suns examines the unspoken caste system that has shaped America and shows how our lives today are still defined by a hierarchy of human divisions—now with a new Afterword by the author. #1 NONFICTION BOOK OF THE YEAR: Time ONE OF THE BEST BOOKS OF THE YEAR: The Washington Post, The New York Times, Los Angeles Times, The Boston Globe, O: The Oprah Magazine, NPR, Bloomberg, The Christian Science Monitor, New York Post, The New York Public Library, Fortune, Smithsonian Magazine, Marie Claire, Slate, Library Journal, Kirkus Reviews Winner of the Carl Sandberg Literary Award • Winner of the Los Angeles Times Book Prize • National Book Award Longlist • National Book Critics Circle Award Finalist • Dayton Literary Peace Prize Finalist • PEN/John Kenneth Galbraith Award for Nonfiction Finalist • PEN/Jean Stein Book Award Longlist • Kirkus Prize Finalist “As we go about our daily lives, caste is the wordless usher in a darkened theater, flashlight cast down in the aisles, guiding us to our assigned seats for a performance. The hierarchy of caste is not about feelings or morality. It is about power—which groups have it and which do not.” In this brilliant book, Isabel Wilkerson gives us a masterful portrait of an unseen phenomenon in America as she explores, through an immersive, deeply researched, and beautifully written narrative and stories about real people, how America today and throughout its history has been shaped by a hidden caste system, a rigid hierarchy of human rankings. Beyond race, class, or other factors, there is a powerful caste system that influences people’s lives and behavior and the nation’s fate. Linking the caste systems of America, India, and Nazi Germany, Wilkerson explores eight pillars that underlie caste systems across civilizations, including divine will, bloodlines, stigma, and more. Using riveting stories about people—including Martin Luther King, Jr., baseball’s Satchel Paige, a single father and his toddler son, Wilkerson herself, and many others—she shows the ways that the insidious undertow of caste is experienced every day. She documents how the Nazis studied the racial systems in America to plan their outcasting of the Jews; she discusses why the cruel logic of caste requires that there be a bottom rung for those in the middle to measure themselves against; she writes about the surprising health costs of caste, in depression and life expectancy, and the effects of this hierarchy on our culture and politics. Finally, she points forward to ways America can move beyond the artificial and destructive separations of human divisions, toward hope in our common humanity. Original and revealing, Caste: The Origins of Our Discontents is an eye-opening story of people and history, and a reexamination of what lies under the surface of ordinary lives and of American life today.

Broken People

Broken People PDF Author: Smita Narula
Publisher: Human Rights Watch
ISBN: 9781564322289
Category : Political Science
Languages : en
Pages : 340

Book Description
Women and the Law.

Western Foundations of the Caste System

Western Foundations of the Caste System PDF Author: Martin Fárek
Publisher: Springer
ISBN: 3319387618
Category : Social Science
Languages : en
Pages : 280

Book Description
This book argues that the dominant descriptions of the ‘caste system’ are rooted in the Western Christian experience of India. Thus, caste studies tell us more about the West than about India. It further demonstrates the imperative to move beyond this scholarship in order to generate descriptions of Indian social reality. The dominant descriptions of the ‘caste system’ that we have today are results of originally Christian themes and questions. The authors of this collection show how this hypothesis can be applied beyond South Asia to the diasporic cultures that have made a home in Western countries, and how the inheritance of caste studies as structured by European scholarship impacts on our understanding of contemporary India and the Indians of the diaspora. This collection will be of interest to scholars and students of caste studies, India studies, religion in South Asia, postcolonial studies, history, anthropology and sociology.

Business and Human Rights in Southeast Asia

Business and Human Rights in Southeast Asia PDF Author: Mahdev Mohan
Publisher: Routledge
ISBN: 1317964306
Category : Law
Languages : en
Pages : 240

Book Description
Business and human rights has emerged as a distinct field within the corporate governance movement. The endorsement by the United Nations Human Rights Council of a new set of Guiding Principles for Business and Human Rights in 2011 reinforces the State’s duty to protect against human rights abuses by third parties, including business; the corporate responsibility to respect human rights; and greater access by victims to effective remedy, both judicial and non-judicial. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. Chapter authors discuss the implications of key case-studies undertaken across the region and various sectors, with a particular focus on extractive industries, the environment, and infrastructure projects. Topics covered include: due diligence and the role of audits; businesses’ responsibilities to women and children; and the mitigation of human rights risks in the region's emerging markets. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened. In doing so, the book identifies critical challenges and opportunities that lie ahead for the region in relation to business and human rights. This book will be of excellent use and interest to scholars, practitioners and students of human rights, business and company law, international law, and corporate governance.

Socio-Economic Rights in Emerging Free Markets

Socio-Economic Rights in Emerging Free Markets PDF Author: Surya Deva
Publisher: Routledge
ISBN: 1317804686
Category : Law
Languages : en
Pages : 393

Book Description
In the last decade or so, China and India have emerged on the global stage as two powerful free market economies. The tremendous economic growth in China and India has meant that they have been able to lift millions of people out of the poverty trap. This growth has not, however, been without problems. Apart from worrying levels of environmental pollution, a significant number of people are still struggling to live a decent life as they do not have adequate access to basic needs such as food, health services, education, water, and housing. The traditional old age support mechanism is collapsing amidst push for urbanisation and the practice of nuclear families, while the alternative social security system has not been put in place. Both China and India stress the importance of socio-economic rights, have ratified the International Covenant on Economic, Social and Cultural Rights and have in place a strong legal framework for the realisation of such rights. The constitutions of China and India accord significant importance to socio-economic rights and the both countries have numerous laws, regulations and policies that seek to implement various socio-economic rights. This book investigates how the gradual adoption of free market ideology has impacted on the realisation of socio-economic rights in both India and China and how the constitutional and legal frameworks have made necessary adjustments. Chapters in this volume, which are written by academics of international standing, explore how these two countries have tried to overcome certain common governance challenges in realising socio-economic rights. The role played by courts in India and China in the protection and realisation of socio-economic rights is considered along with the use and limitations of public interest litigation in achieving these rights. Finally, the effectiveness of measures in realising socio-economic rights are evaluated in relation to specific rights such as the rights to food, health, education, social security, and gender equality.

The Right of the Child to Play

The Right of the Child to Play PDF Author: Naomi Lott
Publisher: Taylor & Francis
ISBN: 1000882926
Category : Law
Languages : en
Pages : 174

Book Description
This book provides a vital and original investigation into, and critique of, the situation facing the realisation of the child’s right to play. The right to play has been referred to as a forgotten right – forgotten by States implementing the Convention on the Rights of the Child, by the Committee on the Rights of the Child in monitoring and providing guidance on the Convention, and by human rights academics. Through multidisciplinary, original archival, novel doctrinal and primary empirical research, the work provides a thorough investigation of the right to play. It offers an innovative insight into its value, the challenges facing the realisation of the right, its raison d’être and its scope, content and obligations. It also critiques the Committee’s engagement with the right to play and shares lived experiences of efforts to support its implementation in the United Kingdom and Tanzania. The book highlights elements of best practice, challenges, and weaknesses, and makes recommendations for the continued and improved realisation of the right to play. The book will be a valuable resource for researchers, academics, advocates and policy-makers working in the areas of Children’s Rights, International Human Rights Law, Public International Law, Child Welfare, and Education.

The Tribes and Castes of Bengal

The Tribes and Castes of Bengal PDF Author: Sir Herbert Hope Risley
Publisher:
ISBN:
Category : Anthropometry
Languages : en
Pages : 486

Book Description


Freedom of Expression and Religious Hate Speech in Europe

Freedom of Expression and Religious Hate Speech in Europe PDF Author: Erica Howard
Publisher: Routledge
ISBN: 1351998781
Category : Law
Languages : en
Pages : 191

Book Description
In recent years, the Danish cartoons affair, the Charlie Hebdo murders and the terrorist attacks in Brussels and Paris have resulted in increasingly strident anti-Islamic speeches by politicians. This raises questions about the limits to freedom of expression and whether this freedom can and should be restricted to protect the religious feelings of believers. This book uses the case law of the European Court of Human Rights to provide a comprehensive analysis of the questions: whether legal prohibitions of religious hate speech violate the right to freedom of expression; and, whether such laws should be used to prosecute politicians and others who contribute to current debates when they use anti-Islam rhetoric. A well-known politician who uses such rhetoric is Dutch politician Geert Wilders. He has been prosecuted twice for hate speech, and was acquitted in the first case and recently convicted in the second. These prosecutions are used to illustrate the issues involved in drawing the line between freedom of expression and religious hate speech. The author argues that freedom of expression of politicians and those contributing to the public debate should not be restricted except in two very limited circumstances: when they incite to hatred or violence and there is an imminent danger that violence will follow or where it stops people from holding or manifesting their religion. Based on this, the author concludes that the European Court of Human Rights should decide, if it is asked to do so, that Wilders conviction for hate speech violates his freedom of expression.