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Author: DAS, JATINDRA KUMAR Publisher: PHI Learning Pvt. Ltd. ISBN: 8195161162 Category : Political Science Languages : en Pages : 856
Book Description
The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It evaluates the ongoing discourse on various issues relating to life, liberty, equality, and human dignity and their reflections in international human rights law referring to the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development, and theories of human rights at the preliminary level, the book proceeds to “International Bill of Human Rights” demonstrating various facets of civil and political rights as well as economic, social and cultural rights. It further discusses the importance of human rights law in protection against inhuman wrongs and examines a large number of debates concerning human rights to the development and protection of the environment. Then, it moves on to explore various issues relating to human rights in Indian Constitutional Law. The second half of the book emphasises the protection of the rights of women and children, which has been the focal point of all human rights discussions. It also deals with the scope and ambit of the rights of indigenous peoples and minorities including their protection. At the end, the book examines the utility and justifications of human rights law in protecting the rights of people with disabilities (divyang). NEW TO THIS EDITION • Law on HIV/AIDS Management • Covid-19 Management law • Legislative aspect of protection of the environment • Recent law on triple talaq • Decriminalisation of adultery • Right of Hindu women to offer worship in Sabrimala temple • Right to access to justice, judicial review, legal aid, and speedy trial • Surrogacy and reproductive right • Law on POSCO • Hard law and soft law, and Recent law on divyang Though the book is primarily designed for LL.B., B.A.LL.B., LL.M., and courses on human rights, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil societies. TARGET AUDIENCE LL.B., B.A.LL.B., LL.M., and courses on human rights.
Author: Manoj Kumar Sinha Publisher: SAGE Publications Pvt. Limited ISBN: 9788132111399 Category : Education Languages : en Pages : 0
Book Description
In the 21st century, one of the most noteworthy changes in the human rights debate relates to the increased recognition of the link between business and human rights. This book is an attempt to explore this relationship and also to look into the obligations of the state and transnational corporations in the promotion of human rights. Business and Human Rights discusses how globalization has affected individuals in the enjoyment of their human rights in relation to the activities of corporations. The book addresses what additional steps the states should take to protect against human rights abuses by business enterprises that are owned or controlled by the state. Moreover, it covers, in depth, the role and contribution of the United Nations in business and human rights. The book includes several real-life case studies to help the readers understand the topics discussed.
Author: Lisa McIntosh Sundstrom Publisher: Oxford University Press ISBN: 0190932856 Category : Law Languages : en Pages : 424
Book Description
Women and the LGBT community in Russia and Turkey face pervasive discrimination. Only a small percentage dare to challenge their mistreatment in court. Facing domestic police and judges who often refuse to recognize discrimination, a small minority of activists have exhausted their domestic appeals and then turned to their last hope: the European Court of Human Rights (ECtHR). The ECtHR, located in Strasbourg, France, is widely regarded as the most effective international human rights court in existence. Russian citizens whose rights have been violated at home have brought tens of thousands of cases to the ECtHR over the past two decades. But only one of these cases resulted in a finding of gender discrimination by the ECtHR-and that case was brought by a man. By comparison, the Court has found gender discrimination more frequently in decisions on Turkish cases. Courting Gender Justice explores the obstacles that confront citizens, activists, and lawyers who try to bring gender discrimination cases to court. To shed light on the factors that make rare victories possible in discrimination cases, the book draws comparisons among forms of discrimination faced by women and LGBT people in Russia and Turkey. Based on interviews with human rights and feminist activists and lawyers in Russia and Turkey, this engaging book grounds the law in the personal experiences of individual people fighting to defend their rights.
Author: Brian Opeskin Publisher: Cambridge University Press ISBN: 1139576852 Category : Law Languages : en Pages : 495
Book Description
International migration law is an important field of international law, which has attracted exceptional interest in recent years. This book has been written from a wide variety of perspectives for those wanting to understand the legal framework that regulates migration. It is intended for students new to this field of study who seek an overview of its many components. It will also appeal to those who have focussed on a particular branch of international migration law but require an understanding of how their specialisation fits with other branches of the discipline. Written by migration law specialists and led by respected international experts, this volume draws upon the combined knowledge of international migration law and policy from academia; international, intergovernmental, regional and non-governmental organisations; and national governments. Additional features include case studies, maps, break-out boxes and references to resources which allow for a full understanding of the law in context.
Author: Alice Margaria Publisher: Cambridge University Press ISBN: 9781108465861 Category : Law Languages : en Pages : 205
Book Description
This book tackles one of the most topical socio-legal issues of today: how the law - in particular, the European Court of Human Rights - is responding to shifting practices and ideas of fatherhood in a world that offers radical possibilities for the fragmentation of the conventional father figure and therefore urges decisions upon what kind of characteristics makes someone a legal father. It explores the Court's reaction to changing family and, more specifically, fatherhood realities. In so doing, it engages in timely conversations about the rights and responsibilities of men as fathers. By tracing values and assumptions underpinning the Court's views on fatherhood, this book contributes to highlight the expressive powers of the ECtHR and, more specifically, the latter's role in producing and legitimising ideas about parenting and, more generally, in influencing how family life is regulated and organised.
Author: DAS, JATINDRA KUMAR Publisher: PHI Learning Pvt. Ltd. ISBN: 8195161162 Category : Political Science Languages : en Pages : 856
Book Description
The book, written with a rich teaching and research experience of the author, emphasises the critical evaluation of contemporary human rights law and practice with special reference to India. It evaluates the ongoing discourse on various issues relating to life, liberty, equality, and human dignity and their reflections in international human rights law referring to the state practices through constitutional guarantees, judicial decisions as well as through enacting appropriate legislations. This lucid and comprehensive book is logically organised into nine chapters. Beginning with the theoretical foundations of human rights law referring to origin, development, and theories of human rights at the preliminary level, the book proceeds to “International Bill of Human Rights” demonstrating various facets of civil and political rights as well as economic, social and cultural rights. It further discusses the importance of human rights law in protection against inhuman wrongs and examines a large number of debates concerning human rights to the development and protection of the environment. Then, it moves on to explore various issues relating to human rights in Indian Constitutional Law. The second half of the book emphasises the protection of the rights of women and children, which has been the focal point of all human rights discussions. It also deals with the scope and ambit of the rights of indigenous peoples and minorities including their protection. At the end, the book examines the utility and justifications of human rights law in protecting the rights of people with disabilities (divyang). NEW TO THIS EDITION • Law on HIV/AIDS Management • Covid-19 Management law • Legislative aspect of protection of the environment • Recent law on triple talaq • Decriminalisation of adultery • Right of Hindu women to offer worship in Sabrimala temple • Right to access to justice, judicial review, legal aid, and speedy trial • Surrogacy and reproductive right • Law on POSCO • Hard law and soft law, and Recent law on divyang Though the book is primarily designed for LL.B., B.A.LL.B., LL.M., and courses on human rights, it will be equally beneficial for the researchers, academicians, jurists, lawyers, judges as well as members of civil societies. TARGET AUDIENCE LL.B., B.A.LL.B., LL.M., and courses on human rights.
Author: Damian Gonzalez-Salzberg Publisher: Routledge ISBN: 0429889364 Category : Law Languages : en Pages : 264
Book Description
The study and teaching of international human rights law is dominated by the doctrinal method. A wealth of alternative approaches exists, but they tend to be discussed in isolation from one another. This collection focuses on cross-theoretical discussion that brings together an array of different analytical methods and theoretical lenses that can be used for conducting research within the field. As such, it provides a coherent, accessible and diverse account of key theories and methods. A distinctive feature of this collection is that it adopts a grounded approach to international human rights law, through demonstrating the application of specific research methods to individual case studies. By applying the approach under discussion to a concrete case it is possible to better appreciate the multiple understandings of international human rights law that are missed when the field is only comprehended though the doctrinal method. Furthermore, since every contribution follows the same uniform structure, this allows for fruitful comparison between different approaches to the study of our discipline.
Author: Federico Lenzerini Publisher: OUP Oxford ISBN: 0191641316 Category : Law Languages : en Pages : 306
Book Description
The idea of multi-culturalism has had a significant impact across many areas of law. This book explores how it has shaped the recent development of international human rights law. Custodians of human rights, especially international monitoring bodies, try to advance the effectiveness of human rights standards by interpreting these standards according to a method strongly inspired by the idea of cultural 'relativism'. By using elements of cultural identity and cultural diversity as parameters for the interpretation, adjudication, and enforcement of such standards, human rights are evolving from the traditional 'universal' idea, to a 'multi-cultural' one, whereby rights are interpreted in a dynamic manner, which respond to the particular needs of the communities and individuals directly concerned. This book shows how this is epitomized by the rise of collective rights - which is intertwined with the evolution of the rights of minorities and indigenous peoples - in contrast with the traditional vision of human rights as inherently individual. It demonstrates how the process of 'culturalization' of human rights law can be shown through different methods: the most common being the recourse to the doctrine of the 'margin of appreciation' left to states in defining the content of human rights standards, extensively used by human rights bodies, such as the European Court of Human Rights. Secondly, different meanings can be attributed to the same human rights standards by adapting them to the cultural needs of the persons and - especially - communities specifically concerned. This method is particularly used by the Inter-American Court of Human Rights and the African Commission of Human and Peoples' Rights. The book concludes that the evolution of human rights law towards multi-cultural 'relativism' is not only maximizes the effectiveness of human rights standards, but is also necessary to improve the quality of communal life, and to promote the stability of inter-cultural relationships. However, to an extent, notions of 'universalism' remain necessary to defend the very idea of human dignity.
Author: Konstantinos Mastorodimos Publisher: Routledge ISBN: 1134800614 Category : Law Languages : en Pages : 312
Book Description
The accountability of armed non-state actors is a neglected field of international law, overtaken by the regimes of state responsibility and individual criminal accountability as well as fears of legitimacy. Yet armed non-state actors are important players in the international arena and their activities have significant repercussions. This book focuses on their obligations and accountability when they do not function as state agents, regardless of the existence or extent of accountability of their individual members. The author claims that their distinct features lead to their classification into three different types: de facto entities, armed non-state actors in control of territory, and common article 3 armed non-state actors. The mechanisms that trigger the applicability of humanitarian and human rights law regimes are examined in detail as well as the framework of obligations. In both cases, the author argues that armed non-state actors should not be treated as entering international law and process exclusively through the state. The study concludes by focussing on their accountability in international humanitarian and human rights law and, more specifically, to the rules of attribution, remedies and reparations for violations of their primary obligations.
Author: Charilaos Nikolaidis Publisher: Routledge ISBN: 1317701372 Category : Law Languages : en Pages : 278
Book Description
A right to equality and non-discrimination is widely seen as fundamental in democratic legal systems. But failure to identify the human interest that equality aims to uphold reinforces the argument of those who attack it as morally empty or unsubstantiated and weakens its status as a fundamental human right. This book argues that an understanding of the human interest which equality aims to uphold is feasible within the jurisprudence of the European Court of Human Rights (ECtHR) and the European Court of Justice (ECJ). In comparing the evolution of the prohibition of discrimination in the case-law of both Courts, Charilaos Nikolaidis demonstrates that conceptual convergence within the European Convention on Human Rights (ECHR) and the EU on the issue of equality is not as far as it might appear initially. While the two bodies of equality law are extremely divergent as to the requirements they impose, their interpretation by the international judiciary might be properly analysed under a common light to emphasise the substantive dimension of equality in European Human Rights law. The book will be of great use and interest to scholars and students of human rights, discrimination law, and European politics.
Author: DAS, JATINDRA KUMAR
Author: Manoj Kumar Sinha
Author: Lisa McIntosh Sundstrom
Author: Brian Opeskin
Author: Alice Margaria
Author: DAS, JATINDRA KUMAR
Author: Eva Brems
Author: Damian Gonzalez-Salzberg
Author: Federico Lenzerini
Author: Konstantinos Mastorodimos
Author: Charilaos Nikolaidis