The European Convention on Human Rights : A Commentary by
The European Convention on Human Rights: A Commentary is the first complete article-by-article commentary on the ECHR and its Protocols in English. This book provides an entry point for every part of the Convention: the substance of the rights, the workings of the Court, and the enforcement of its judgments. A separate chapter is devoted to each distinct provision or article of the Convention as well as to Protocols 1, 4, 6, 7, 12, 13, and 16, which have notbeen incorporated in the Convention itself and remain applicable to present law.Each chapter contains: a short introduction placing the provision within the context of international human rights law more generally; a review of the drafting history or preparatory work of the provision; a discussion of the interpretation of the text and the legal issues, with references to the case law of the European Court of Human Rights and the European Commission on Human Rights; and a selective bibliography on the provision.Through a thorough review of the ECHR this commentary is both exhaustive and concise. It is an accessible resource that is ideal for lawyers, students, journalists, and others with an interest in the world's most successful human rights regime.
Human Rights by
Global Viewpoints series
The Human Rights of Children : From Visions to Implementation by
This volume provides a series of critical analyses of some of the contemporary debates in relation to the human rights of children, resituating them within visions which informed the text of the United Nations Convention on the Rights of the Child in 1989. The studies embrace examination of some of today's widespread interpretations of the CRC, analysis of what is implied by a human rights-based approach in research and advocacy and consideration of advances and barriers to research and to several aspects of CRC implementation. With contributions by leading experts in the field, the book examines the CRC as an international instrument, its inherent dilemmas and some of the debates generated by the challenges of implementation. It embraces examinations of different levels of governance from the international to the state party, regional and local levels, including institutional developments and changes in law, policy and practice. The book will be a valuable resource for students, researchers and policy-makers working in the area of children's rights and welfare.
The Myth of Universal Human Rights by
In this groundbreaking and provocative new book, philosopher of science David N. Stamos challenges the current conceptions of human rights, and argues that the existence of universal human rights is a modern myth. Using an evolutionary analysis to support his claims, Stamos traces the origin of the myth from the English Levellers of 1640s London to our modern day. Theoretical defenses of the belief in human rights are critically examined, including defenses of nonconsensus concepts. In the final chapter Stamos develops a method of naturalized normative ethics, which he then applies to topics routinely dealt with in terms of human rights. In all of this Stamos hopes to show that there is a better way of dealing with matters of ethics and justice, a way that involves applying the whole of our evolved moral being, rather than only parts of it, and that is fiction-free.
On Human Rights by
What is a human right? How can we tell whether a proposed human right really is one? How do we establish the content of particular human rights, and how do we resolve conflicts between them? These are pressing questions for philosophers, political theorists, jurisprudents, international lawyers, and activists. James Griffin offers answers in his compelling new investigation of the foundations of human rights. First, On Human Rights traces the idea of a natural right from its origin in the late Middle Ages, when the rights were seen as deriving from natural laws, through the seventeenth and eighteenth centuries, when the original theological background was progressively dropped and'natural law'emptied of most of its original meaning. By the end of the Enlightenment, the term'human rights'(droits de l'homme) appeared, marking the purge of the theological background. But the Enlightenment, in putting nothing in its place, left us with an unsatisfactory, incomplete idea of a human right. Griffin shows how the language of human rights has become debased. There are scarcely any accepted criteria, either in the academic or the public sphere, for correct use of the term. He takes on the task of showing the way towards a determinate concept of human rights, based on their relation to the human status that we all share. He works from certain paradigm cases, such as freedom of expression and freedom of worship, to more disputed cases such as welfare rights - for instance the idea of a human right to health. His goal is a substantive account of human rights - an account with enough content to tell us whether proposed rights really are rights. Griffin emphasizes the practical as well as theoretical urgency of this goal: as the United Nations recognized in 1948 with its Universal Declaration, the idea of human rights has considerable power to improve the lot of humanity around the world. We can't do without the idea of human rights, and we need to get clear about it. It is our job now - the job of this book - to influence and develop the unsettled discourse of human rights so as to complete the incomplete idea.
The Promise of Human Rights : Constitutional Government, Democratic Legitimacy, and International Law by
International human rights law is sometimes criticized as an infringement of constitutional democracy. Against this view, Jamie Mayerfeld argues that international human rights law provides a necessary extension of checks and balances and therefore completes the domestic constitutional order. In today's world, constitutional democracy is best understood as a cooperative project enlisting both domestic and international guardians to strengthen the protection of human rights. Reasons to support this view may be found in the political philosophy of James Madison, the principal architect of the U.S. Constitution. The Promise of Human Rights presents sustained theoretical discussions of human rights, constitutionalism, democracy, and sovereignty, along with an extended case study of divergent transatlantic approaches to human rights. Mayerfeld shows that the embrace of international human rights law has inhibited human rights violations in Europe whereas its marginalization has facilitated human rights violations in the United States. A longstanding policy of "American exceptionalism" was a major contributing factor to the Bush administration's use of torture after 9/11. Mounting a combination of theoretical and empirical arguments, Mayerfeld concludes that countries genuinely committed to constitutional democracy should incorporate international human rights law into their domestic legal system and accept international oversight of their human rights practices.
Rights Angles by
Loren Lomasky is a leading advocate of a rights-based libertarian approach to political and social issues. This volume collects fifteen of his articles that have appeared since his influential volume Persons, Rights, and the Moral Community (OUP, 1987) alongside one new essay. The volume represents Lomasky's more recent efforts at constructing the underpinnings of liberal rights theory, in which he formulates a series of questions about the nature and scope of rights and rights holders.Among the questions Lomasky addresses: In what way is classical utilitarianism fundamentally illiberal? To what extent might utilitarian cost-benefit analyses be admissible within rights-upholding political theory? Does it even make sense to speak of maximizing liberty? How can this be understood in Hobbesian, Kantian, and Rawlsian theoretical settings? In a world in which rights-talk is ubiquitous, what is the role of traditional virtues such as loyalty and charity? Is it inconsistent to espouse both an austere classical liberalism and a social safety net? Liberalism is most often presented as a theory about the internal contours of the state, but how does it speak to the relationships between one state and another? Between the state and would-be immigrants? In a world displaying massive cross-border inequalities, does justice require the extension of aid from the rich to the poor?The book opens with an unpublished essay, "Everything Old is New Again: The Death and Rebirth of Classical Liberalism," which features a history of the century-long decline of traditional liberalism and its remarkable, unanticipated return to vitality in the second half of the 20th century. It then offers the prospectus for a libertarian research program for the next half century."Lomasky is one of the most brilliant political philosophers of his generation and also has a great gift with the pen. He instead picks away at bad arguments and bad rhetoric whether in general agreement with his priors or not. And he likes to entertain unusual twists on arguments. The upshot is a wonderful journey through deep questions in political philosophy and organization."-Peter Boettke, University Professor of Economics & Philosophy, George Mason University
The Social Work of Narrative : human rights and the cultural imaginary by
This book addresses the ways in which a range of representational forms have influenced and helped implement the project of human rights across the world, and seeks to show how public discourses on law and politics grow out of and are influenced by the imaginative representations of human rights. It draws on a multi-disciplinary approach, using historical, literary, anthropological, visual arts, and media studies methods and readings, and covers a wider range of geographic areas than has previously been attempted. A series of specifically-commissioned essays by leading scholars in the field and by emerging young academics show how a multidisciplinary approach can illuminate this central concern. Biographische Informationen "Gareth Griffiths is Emeritus Professor of English and Cultural Studies at the University of Western Australia and a Professorial Fellow at the University of Wollongong. He has published in the fields of post-colonial literatures, secular/sacral relations in the modern world, missions in colonial space, African literatures in English and theatre studies. His many books include: A Double Exile, African and West Indian Literatures in English (1978), African Literatures in English-East and West (2000), he has co-authored The Empire Writes Back (1989) and co-edited The Post-Colonial Studies Reader (1995), Key Concepts in Post-Colonial Studies (1998), Mixed Messages: Materality, Textuality (2005), Disputed Territories: Land, Culture and Identity in Settler Societies (2003) and co-authored Indigenous Evangelists and Questions of Authority in the British Empire 1750-1940 (2015). Professor Philip Mead is Chair of Australian Literature, University of Western Australia, and Visiting Professor of Australian Studies, Harvard University (2015-16). Philip Mead’s research is at the intersections of national and transnational literary studies, cultural history and theory, poetics, literary education, and digital humanities. He has published in the fields of literary history, Indigenous Studies, social memory, literary education, and postcolonial poetics. His books include Networked Language: Culture and History in Australian Poetry (2010), An Introduction to the Literature of Tasmania (2016), and Antipodal Shakespeare: Remembering and Forgetting in Britain, Australia and New Zealand, 1916-2016 (with Gordon McMullan) (2016)