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Author: Andrew Clapham Publisher: Oxford University Press on Demand ISBN: 9780198764311 Category : Political Science Languages : en Pages : 385
Book Description
This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.
Author: Andrew Clapham Publisher: Oxford University Press on Demand ISBN: 9780198764311 Category : Political Science Languages : en Pages : 385
Book Description
This book challenges several traditional assumptions concerning human rights. In particular it challenges the presumption that the fundamental rights and freedoms contained in the European Convention on Human Rights are irrelevant for cases which concern the sphere of relations betweenindividuals. It asks whether victims should be protected from non-state actors, and attempts to develop a coherent approach to `human rights in the private sphere'. This study concentrates on the rights contained in the European Convention on Human Rights, and their enforcement in the courts ofthe United Kingdom and at the European level; at the European Commission and Court of Human Rights in Strasbourg, and at the European Court of Justice in Luxembourg. In addition, some constitutional cases are examined from the United States and Canadian legal orders. The application ofinternational human rights law to the private sphere has implications for the worlds of labour relations, race relations, discrimination and violence against women, and for victims of indignities everywhere. This study shows that respect for privacy need not mean excluding wrongs in the privatesphere from the world of human rights.
Author: Jörg Fedtke Publisher: Routledge ISBN: 1134099789 Category : Law Languages : en Pages : 567
Book Description
Particularly valuable for both academics and practitioners, Human Rights and the Private Sphere: A Comparative Study analyzes the interaction between constitutional rights, freedoms and private law. Focusing primarily on civil and political rights, an international team of constitutional and private law experts have contributed a collection of chapters, each based around a different jurisdiction. They include Denmark, France, Germany, India, Ireland, Israel, Italy, New Zealand, the UK, the US, the European Convention for the Protection of Human Rights and Fundamental Freedoms and the European Union. As well as exploring, chapter by chapter, the key topics and debates in each jurisdiction, a comparative analysis draws the sections together; setting-out the common features and differences in the jurisdictions under review and identifies some common trends in this important area of the law. Cross-references between the various chapters and an appendix containing relevant legislative material and translated quotations from important court decisions makes this volume a valuable tool for those studying and working in the field of international human rights law.
Author: Jorg Fedtke Publisher: Routledge ISBN: 1134099797 Category : Human rights Languages : en Pages : 605
Book Description
Part Part I: Introduction -- chapter PART I: INTRODUCTION Human Rights and the Private Sphere - the Scope of the Project -- part Part II: National Jurisdictions European Convention on Human Rights -- chapter 1 Denmark Drittwirkung and Conflicting Rights - Viewed from National and International Perspectives -- chapter 2 England and Wales The Human Rights Act and the Private Sphere -- chapter 3 France Horizontal Application and the Triumph of the European Convention on Human Rights -- chapter 4 Germany Drittwirkung in Germany -- chapter 5 Greece Taking Private Law Seriously in the Application of Constitutional Rights -- chapter 6 India Protection of Human Rights against State and Non-State Action -- chapter 7 Ireland Irish Constitutional Law and Direct Horizontal Effect - A Successful Experiment? -- chapter 8 Israel Human Rights in Private Law - The Israeli Case -- chapter 9 Italy The Protection of Constitutional Rights in the Private Sphere -- chapter 10 New Zealand Taking Human Rights into the Private Sphere -- chapter 11 South Africa From Indirect to Direct Effect in South Africa: a System in Transition -- chapter 12 Spain A Jurisdiction Recognising the Direct Horizontal Application of Human Rights -- chapter 13 The United States and Canada: State Action, Constitutional Rights and Private Actors -- chapter 14 The European Convention on Human Rights The European Court of Human Rights.
Author: Mats G. Hansson Publisher: Springer Science & Business Media ISBN: 140206652X Category : Philosophy Languages : en Pages : 184
Book Description
This book describes an emotional territory, which forms the individual's own sphere of action and experience. This develops in the course of evolution in pace with the individual's conditions of life, brought about by challenges in the natural and social environment.
Author: Zizi A. Papacharissi Publisher: John Wiley & Sons ISBN: 0745658997 Category : Social Science Languages : en Pages : 281
Book Description
Online technologies excite the public imagination with narratives of democratization. The Internet is a political medium, borne of democracy, but is it democratizing? Late modern democracies are characterized by civic apathy, public skepticism, disillusionment with politics, and general disinterest in conventional political process. And yet, public interest in blogging, online news, net-based activism, collaborative news filtering, and online networking reveal an electorate that is not disinterested, but rather, fatigued with political conventions of the mainstream. This book examines how online digital media shape and are shaped by contemporary democracies, by addressing the following issues: How do online technologies remake how we function as citizens in contemporary democracies? What happens to our understanding of public and private as digitalized democracies converge technologies, spaces and practices? How do citizens of today understand and practice their civic responsibilities, and how do they compare to citizens of the past? How do discourses of globalization, commercialization and convergence inform audience/producer, citizen/consumer, personal/political, public/private roles individuals must take on? Are resulting political behaviors atomized or collective? Is there a public sphere anymore, and if not, what model of civic engagement expresses current tendencies and tensions best? Students and scholars of media studies, political science, and critical theory will find this to be a fresh engagement with some of the most important questions facing democracies today.
Author: Niamh Reilly Publisher: Springer ISBN: 9789811089046 Category : Law Languages : en Pages : 0
Book Description
This book provides a comprehensive introduction to the broad spectrum of human rights issues and violations as they are experienced by women and sexual minorities across civil, political, social, economic, and/or cultural domains, in different regions, countries, and contexts. It offers cogent summaries of concepts, debates, and trends vital to understanding the field and informing practice to advance the human rights of women. The book looks into such issues as: persistent discrimination in political and economic life; gender-based violence in public and private spheres; obstacles to reproductive and maternal human rights; threats to women human rights defenders; discrimination and violence against LGBT people; violations of women's human rights in conflict situations; and the nexus between sustainable development goals, climate change, and the human rights of women. It also addresses human rights violations in the name of culture or religion, and the challenges in realising the human rights of girls. Finally, the volume showcases effective strategies to advance the human rights of women in the form of national remedial measures and through engagement with international and regional human rights bodies and mechanisms.
Author: Akrivopoulou, Christina M. Publisher: IGI Global ISBN: 1466662492 Category : Political Science Languages : en Pages : 399
Book Description
The creation of a new public realm through the use of the Internet and ICT may positively promote political liberties and freedom of speech, but could also threaten the political and public autonomy of the individual. Human Rights and the Impact of ICT in the Public Sphere: Participation, Democracy, and Political Autonomy focuses on the new technological era as an innovative way to initiate democratic dialogue, but one that can also endanger individual rights to freedom, privacy, and autonomy. This reference book focuses on the new opportunities technology offers for political expression and will be of use to both academic and legal audiences, including academics, students, independent authorities, legislative bodies, and lawyers.
Author: Judith A. Swanson Publisher: Cornell University Press ISBN: 1501740830 Category : Philosophy Languages : en Pages : 261
Book Description
Aristotle offers a conception of the private and its relationship to the public that suggests a remedy to the limitations of liberalism today, according to Judith A. Swanson. In this fresh and lucid interpretation of Aristotle's political philosophy, Swanson challenges the dominant view that he regards the private as a mere precondition to the public. She argues, rather, that for Aristotle private activity develops virtue and is thus essential both to individual freedom and happiness and to the well-being of the political order. Swanson presents an innovative reading of The Politics which revises our understanding of Aristotle's political economy and his views on women and the family, slavery, and the relation between friendship and civic solidarity. She examines the private activities Aristotle considers necessary to a complete human life—maintaining a household, transacting business, sustaining friendships, and philosophizing. Focusing on ways Aristotle's public invests in the private through law, rule, and education, she shows how the public can foster a morally and intellectually virtuous citizenry. In contrast to classical liberal theory, which presents privacy as a shield of rights protecting individuals from one another and from the state, for Aristotle a regime can attain self-sufficiency only by bringing about a dynamic equilibrium between the public and the private. The Public and the Private in Aristotle's Political Philosophy will be essential reading for scholars and students of political philosophy, political theory, classics, intellectual history, and the history of women.
Author: Ovadia Ezra Publisher: Springer Science & Business Media ISBN: 1402041055 Category : Philosophy Languages : en Pages : 205
Book Description
Moral Dilemmas in Real Life purports to supply ways of thinking of, perhaps even dealing with, the ins and outs of ethical argument. The world today presents both individuals and communities with situations, which demand moral and ethical deliberations. From the more general issues of universal globalization to the very specific problems of every-day existence encountered by active agents, contemporary life is replete with moral and ethical conundrums. Any thinking person is required, so it seems, to be concerned, involved, or – at the very least – conversant with these issues and this book supplies the wherewithal needed. Applied ethics is that intellectual locale where theory meets praxis. Moral Dilemmas in Real Life is designed to make that meeting point explicit, by presenting a series of issues in well-grounded philosophical formulations. The book begins with the general relation between the individual and society – instilling ethical tension, and even clashes, between the private and the public in our discourse. Going on, from general to specific, it gradually narrows the ethical playing field to touch on medical ethics, the family, and the practice of punishment. In all cases, the book addresses both consensual and conventional social institutions and distortions thereof.
Author: Andrew Clapham
Author: Andrew Clapham
Author: Jörg Fedtke
Author: Jorg Fedtke
Author: Mats G. Hansson
Author: Magdalena Bexell
Author: Zizi A. Papacharissi
Author: Niamh Reilly
Author: Akrivopoulou, Christina M.
Author: Judith A. Swanson
Author: Ovadia Ezra