Download or read book State Security Regimes and the Right to Freedom of Religion and Belief written by Karen Murphy and published by Routledge. This book was released on 2013-01-25 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: The question of to what extent, manifestations of religious beliefs should be permitted in the European public sphere has become a salient and controversial topic in recent years. Despite the increasing interest however, debates have rarely questioned the conventional wisdom that an increase in the range of security measures employed by a government inevitably leads to a decrease in the human rights enjoyed by individuals. This book analyses the relationship between state security regime changes and the right to religious freedom in the EU. It presents a comparative analysis of the impact these regime changes have had on the politics, policies and protections of religious freedom across the EU member states in the post-2001 environment. The book provides a timely investigation into the role of national legislation, the European Court of Human Rights, and societal trends in the protection of religious freedom, and in so doing demonstrates why the relationship between state security and religious freedom is one of the most socially significant challenges facing policymakers and jurists in Europe at the present time.

Download or read book Security Religion and the Rule of Law written by Tania Pagotto and published by Taylor & Francis. This book was released on 2023-12-22 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Security, Religion, and the Rule of Law argues that true, substantive, and sustainable national security is only possible through respect for the rule of law, human rights, and religious freedom. Despite the emphasis on national security and the war on terror that has preoccupied governments for over two decades, nations – and the world – seem to be more divided than ever, with a concomitant impact of increasing the risk of terrorism and religious and political violence. The national security paradigm, previously reserved primarily for foreign threats, has been turned increasingly inwards, focusing on a state’s own citizens as potential threats. This is often along religious lines, threatening fundamental human freedoms. This book provides a series of critical engagements on some of the most pressing issues at the interface of religion and security today, including proposing a deeper engagement with theology when dealing with freedom of religious belief, exploring a better understanding between domestic peace and international relations, abiding by the rule of law while countering terrorism, and developing a broader understanding of identities and of the nature of citizenship. It provides the resources to further reflect upon and address these topics, as well as stimulate further discussions on religion and security matters across a range of different disciplines. Wide-ranging case studies consider Australia, China, Europe, the Kurdish people, Nigeria, Russia, Ukraine, the United Nations, and the United States. This book will appeal to students and scholars across a range of disciplines, including international relations, law, philosophy, political science, religious studies, security studies, and theology. It will also appeal to human rights lawyers, judges, NGO researchers, governmental agency specialists, and policy makers. Chapter 5 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Download or read book Religions and Constitutional Transitions in the Muslim Mediterranean written by Alessandro Ferrari and published by Taylor & Francis. This book was released on 2016-09-13 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates the role of Islam and religious freedom in the constitutional transitions of six North African and Middle Eastern countries, namely Morocco, Algeria, Tunisia, Egypt, Turkey, and Palestine. In particular, the book, with an interdisciplinary approach, investigates the role of Islam as a political, institutional and societal force. Issues covered include: the role played by Islam as a constitutional reference – a "static force" able to strengthen and legitimize the entire constitutional order; Islam as a political reference used by some political parties in their struggle to acquire political power; and Islam as a specific religion that, like other religions in the area, embodies diverse perspectives on the nature and role of religious freedom in society. The volume provides insight about the political dimension of Islam, as used by political forces, as well as the religious dimension of Islam. This provides a new and wider perspective able to take into account the increasing social pluralism of the South-Mediterranean region. By analyzing three different topics – Islam and constitutionalism, religious political parties, and religious freedom – the book offers a dynamic picture of the role played by Islam and religious freedom in the process of state-building in a globalized age in which human rights and pluralism are crucial dimensions.

Download or read book Human Rights Law in Europe written by Kanstantsin Dzehtsiarou and published by Routledge. This book was released on 2014-03-21 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides analysis and critique of the dual protection of human rights in Europe by assessing the developing legal relationship between the Court of Justice of the European Union (CJEU) and the European Court of Human Rights (ECtHR). The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights (ECHR). It particularly explores the involvement and participation of stakeholders in the functioning of the EU and the ECtHR, and asks how well the new legal model of ‘the EU under the ECtHR’ compares to current EU law, the ECHR and general international law. Including contributions from leading scholars in the field, each chapter sets out specific case-studies that illustrate the tensions and synergies emergent from the EU-ECHR relationship. In so doing, the book highlights the overlap and dialectic between Europe’s two primary international courts. The book will be of great interest to students and researchers of European Law and Human Rights.

Download or read book The Politics of Inclusive Pluralism written by Bob Fu and published by Wipf and Stock Publishers. This book was released on 2020-12-16 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Long live the red terror!" This and other political slogans were used by China's communist rulers as leverage for conflict and conflict management during 1949. China's Cultural Revolution movement understandably fueled anger, fear, and terror among Chinese citizens. Currently, contrary to the positive facade that China, under the control of the Communist Chinese Party (CCP), tries to project regarding human rights, a dark reality reveals a brutal authoritarian state with no concern for religious freedom. What guiding philosophy could best help procure, provide, and protect religious freedom for all in a post-communist, Christianized, democratic China? Bob Fu argues that while various Christianity-oriented theories may appear promising, they fail to provide an adequate pluralistic foundation for protecting the religious freedoms of people of all faiths and none. The predominant theory of political liberalism in the West likewise fails to prove sufficiently inclusive for all faiths and worldviews. As an alternative, the author defends Baorong Duoyuan (inclusive pluralism), his own contextualized theory modeled after principled pluralism. This model, he believes, has the potential to help ensure that religious freedom for all becomes a reality.

Download or read book Challenging Territoriality in Human Rights Law written by Wouter Vandenhole and published by Routledge. This book was released on 2015-06-19 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights have traditionally been framed in a vertical perspective with the duties of States confined to their own citizens or residents. Interpretations of international human rights treaties tend either to ignore or downplay obligations beyond this ‘territorial space’. This edited volume challenges the territorial bias of mainstream human rights law. It argues that with increased globalisation and the impact of international corporations, organisations and non-State actors, human rights law will become less relevant if it fails to adapt to changing realities in which States are no longer the only leading actor. Bringing together leading scholars in the field, the book explores potential applications of international human rights law in a multi-duty bearer setting. The first part of the book examines the current state of the human rights obligations of foreign States, corporations and international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations and responsibility. The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of foreign States as well as of non-State actors. As a marker of important progress in understanding what lies ahead for integrating foreign States and non-State actors in the human rights dutybearer regime, this book will be of great interest to scholars and practitioners of international human rights law, public international law and international relations.

Download or read book The Right to Equality in European Human Rights Law written by Charilaos Nikolaidis and published by Routledge. This book was released on 2014-07-25 with total page 255 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Applying an International Human Rights Framework to State Budget Allocations written by Rory O'Connell and published by Routledge. This book was released on 2014-01-10 with total page 235 pages. Available in PDF, EPUB and Kindle. Book excerpt: Human rights based budget analysis projects have emerged at a time when the United Nations has asserted the indivisibility of all human rights and attention is increasingly focused on the role of non-judicial bodies in promoting and protecting human rights. This book seeks to develop the human rights framework for such budget analyses, by exploring the international law obligations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in relation to budgetary processes. The book outlines international experiences and comparative practice in relation to economic and social rights budget analysis and budgeting. The book sets out an ICESCR-based methodology for analysing budget and resource allocations and focuses on the legal obligation imposed on state parties by article 2(1) of ICESCR to progressively realise economic and social rights to 'the maximum of available resources'. Taking Northern Ireland as a key case study, the book demonstrates and promotes the use of a ‘rights-based’ approach in budgetary decision-making. The book will be relevant to a global audience currently considering how to engage in the budget process from a human rights perspective. It will be of interest to students and researchers of international human rights law and public law, as well as economic and social rights advocacy and lobbying groups.

Download or read book Moral Pressure for Responsible Globalization written by Sherrie M. Steiner and published by BRILL. This book was released on 2018-03-06 with total page 398 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Moral Pressure for Responsible Globalization, Sherrie M. Steiner offers an account of religious diplomacy with the G8, G7 and G20 to evoke new possibilities in an effort to influence globalization to become more equitable and sustainable. Commonly portrayed as ‘out of control’, globalization is considered here as a political process that can be redirected to avoid the tragedy of the global commons. The secularization tradition of religion depicts faith-based public engagement as dangerous. Making use of historical materials from faith-based G-plus System shadow summits (2005-2017), Steiner provides ample information to arrive at an interpretation that significantly differs from traditional accounts. Using broader scope conditions, Steiner considers how human induced environmental changes contribute to religious resurgence under conditions of weakening nation states.

Download or read book The United Nations Human Rights Council written by Rosa Freedman and published by Routledge. This book was released on 2013 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the creation and formative years of the United Nations Human Rights Council which was created in 2006 to replace the UN Commission on Human Rights. The book assesses the extent to which the Council has fulfilled its mandate. International law and theories of international relations relating to international organizations are used to examine the Council and its functions. Council sessions, procedures and mechanisms are analysed in depth and particular consideration is given to whether the Council has become politicised to the same extent as the Commission.

Download or read book Shifting Centres of Gravity in Human Rights Protection written by Oddný Mjöll Arnardóttir and published by Routledge. This book was released on 2016-02-26 with total page 223 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book brings together researchers from the fields of international human rights law, EU law and constitutional law to reflect on the tug-of-war over the positioning of the centre of gravity of human rights protection in Europe. It addresses both the position of the Convention system vis-à-vis the Contracting States, and its positioning with respect to fundamental rights protection in the European Union. The first part of the book focuses on interactions in this triangle from an institutional and constitutional point of view and reflects on how the key actors are trying to define their relationship with one another in a never-ending process. Having thus set the scene, the second part takes a critical look at the tools that have been developed at European level for navigating these complex relationships, in order to identify whether they are capable of responding effectively to the complexities of emerging realities in the triangular relationship between the EHCR, EU law and national law. Chapter 10 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 3.0 license.

Download or read book Developing the Right to Social Security A Gender Perspective written by Beth Goldblatt and published by Routledge. This book was released on 2016-06-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right to social security, found in international law and in the constitutions of many nations, contributes to the alleviation of poverty globally. Social security and its articulation as a human right have received increased attention in recent years both in response to austerity cuts to welfare in developed countries and as a means of lifting millions out of poverty in developing countries. Women, disproportionately affected by poverty in all parts of the world, stand to gain from a right to social security that takes cognisance of gender discrimination and disadvantage. This book interprets and redefines the right to social security from a gender perspective. Drawing on feminist theory, the book formulates a conceptual approach and a set of principles for a substantively equal, gendered right to social security. In so doing, it challenges the relationship between the right to social security and traditional conceptions of work that exclude women’s labour including their caring roles. It argues that the right must have application at the transnational level if it is to address the changing nature of women’s work due to globalisation. The book applies the framework and principles it develops to a study of international law focusing on the work of key United Nations human rights bodies. It also demonstrates the value of this framework in its analysis of three countries’ social security programmes - South Africa, Australia and India. In combining feminist thought on the nature of work and care with equality theories in developing the right to social security from a gender perspective this book expands the capacity of the right to advance gender equality and address gendered poverty.

Download or read book Doctoral Research Proposal of Cometan written by Cometan and published by The Jesse Millette Company. This book was released on 2020-11-18 with total page 18 pages. Available in PDF, EPUB and Kindle. Book excerpt: In their 2020 International Religious Freedom Report, the United States Commission on International Religious Freedom (USCIRF) detailed the recognition processes for religious organisations by country. Although the dynamics of religious restriction were acknowledged, the data alone did not explicate the possible link between the abuse of recognition systems and issues such as religious freedom violations, forced migration, discrimination, and terrorism. This project is primarily concerned with how the legal apparatus of religious recognition could be abused by governments and why this may be fundamental to the conditions of religious liberty. Religious recognition denotes the mechanism for the legal registration of religious institutions in a country; government recognition normally permits institutions to conduct commercial operations and religious services legally.

Download or read book Socio Economic Rights in Emerging Free Markets written by Surya Deva and published by Routledge. This book was released on 2015-09-25 with total page 390 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book State party reporting and the realisation of children s rights in Africa written by Remember Miamingi and published by Pretoria University Law Press. This book was released on 2020-01-01 with total page 349 pages. Available in PDF, EPUB and Kindle. Book excerpt: About the publication Human rights norms will largely remain hollow if they are not translated into the lived realities of people on the ground. Given the diversity and complexities of human rights norms, the arrays of institutions, mechanisms and resource required to give full effect to these norms, implementation of human rights norms is a continuous and progressive undertaking. Progress, to be meaningful, should have milestones and mechanisms for tracking it. The reporting mechanisms are human rights’ monitoring and evaluation plans and systems to track progressive implementation. This book provides an assessment of the reporting mechanisms of child rights treaty bodies. It highlights what is working or not working and why, making recommendations for further improvement of the reporting mechanism to better work for children in Africa. The findings and recommendations in the book are based on a study commissioned by the Centre for Human Rights, to assess the effects of reporting to United Nations and African Union child rights treaty bodies on the enjoyment of rights, protection and welfare of children in Africa. It covers 17 African countries, and provides a historical snapshot of the situation as at the end of 2017.

Download or read book Business and Human Rights in Southeast Asia written by Mahdev Mohan and published by Routledge. This book was released on 2014-09-25 with total page 315 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Indigenous Peoples Title to Territory Rights and Resources written by Cathal M. Doyle and published by Routledge. This book was released on 2014-11-20 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The right of indigenous peoples under international human rights law to give or withhold their Free Prior and Informed Consent (FPIC) to natural resource extraction in their territories is increasingly recognized by intergovernmental organizations, international bodies, and industry actors, as well as in the domestic law of some States. This book offers a comprehensive overview of the historical basis and status of the requirement for indigenous peoples’ consent under international law, examining its relationship with debates and practice pertaining to the acquisition of title to territory throughout the colonial era. Cathal Doyle examines the evolution of the contemporary concept of FPIC and the main challenges and debates associated with its recognition and implementation. Drawing on existing jurisprudence and evolving international standards, policies and practices, Doyle argues that FPIC constitutes an emerging norm of international law, which is derived from indigenous peoples’ self-determination, territorial and cultural rights, and is fundamental to their realization. This rights consistent version of FPIC guarantees that the responses to questions and challenges posed by the extractive industry’s increasingly pervasive reach will be provided by indigenous peoples themselves. The book will be of great interest and value to students and researchers of public international law, and indigenous peoples and human rights.