care migration and human rights law and practice routledge research in human rights law

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Care Migration And Human Rights

Author : Siobhán Mullally
ISBN : 9781317646044
Genre : Law
File Size : 57. 82 MB
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The continuum of exploitation that has historically defined the everyday of domestic work - exclusion from employment and social security standards and precarious migration status – has frequently been neglected. It is primarily the moments of crisis, incidents of human trafficking, slavery or forced labour, that have captured the attention of human rights law. Only recently has human rights law has begun to address the structured inequalities and exclusions that define the domain of domestic work. This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on ‘primary care providers’, as well as the effect that trends in migration law have on migrant domestic workers. This volume will be of interest to lawyers, academics and policy makers in the fields of human rights, migration, and gender studies.

Children S Rights Law In The Global Human Rights Landscape

Author : Eva Brems
ISBN : 9781317268048
Genre : Law
File Size : 87. 66 MB
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Children’s rights law is often studied and perceived in isolation from the broader field of human rights law. This volume explores the inter-relationship between children’s rights law and more general human rights law in order to see whether elements from each could successfully inform the other. Children’s rights law has a number of distinctive characteristics, such as the emphasis on the ‘best interests of the child’, the use of general principles, and the inclusion of ‘third parties’ (e.g. parents and other care-takers) in treaty provisions. The first part of this book questions whether these features could be a source of inspiration for general human rights law. In part two, the reverse question is asked: could children’s rights law draw inspiration from developments in other branches of human rights law that focus on other specific categories of rights holders, such as women, persons with disabilities, indigenous peoples, or older persons? Finally, the interaction between children’s rights law and human rights law – and the potential for their isolation, inspiration or integration – may be coloured or determined by the thematic issue under consideration. Therefore the third part of the book studies the interplay between children’s rights law and human rights law in the context of specific topics: intra-family relations, LGBTQI marginalization, migration, media, the environment and transnational human rights obligations.

The Right To Family Life In The European Union

Author : Maribel González Pascual
ISBN : 9781317287582
Genre : Law
File Size : 32. 9 MB
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Exploring the main developments and challenges for the right to family life in the context of European integration, this book examines the right to family life in the EU Charter of Fundamental Rights and the interplay between family life, citizenship, and free movement; it analyzes the combined impact of the EU and the European Convention on Human Rights on the concept of the family protected by the law in light of recent case law. Considering the broadening understanding of what constitutes family, the challenges for the right to family life in the context of immigration, and the protection of families and social rights it provides a comprehensive overview of the current state of family life in the European Union.

Routledge International Handbook Of Children S Rights Studies

Author : Wouter Vandenhole
ISBN : 9781317669739
Genre : Law
File Size : 82. 87 MB
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Since the adoption of the UN Convention on the Rights of the Child (1989) children’s rights have assumed a central position in a wide variety of disciplines and policies. This handbook offers an engaging overview of the contemporary research landscape for those people in the theory and practice of children’s rights. The volume offers a multidisciplinary approach to children’s rights, as well as key thematic issues in children’s rights at the intersection of global and local concerns. The main approaches and topics within the volume are: • Law, social work, and the sociology of childhood and anthropology • Geography, childhood studies, gender studies and citizenship studies • Participation, education and health • Juvenile justice and alternative care • Violence against children and female genital mutilation • Child labour, working children and child poverty • Migration, indigenous children and resource exploitation The specially commissioned chapters have been written by renowned scholars and researchers and come together to provide a critical and invaluable guide to the challenges and dilemmas currently facing children’s rights.

Political Economy Of Human Rights

Author : Bas de Gaay Fortman
ISBN : 9781136702181
Genre : Business & Economics
File Size : 69. 40 MB
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The plethora of literature produced over the past decade in response to the perceived failure of the human rights project to deliver results for billions of people living in ‘adverse’ environments has usually focused on international legal standards and mechanisms, with little regard for the root structural realities that constrain their implementation. Hence, a text that primarily focuses on the major challenge of realisation of human rights in the context of diverse realities is urgently needed. This book, then, provides an analytical as well as inspirational text on human rights from a contextual perspective; it offers a reconceptualisation of human rights as not merely legal resources, but political tools as well.

Security Law And Borders

Author : Tugba Basaran
ISBN : 9781136902123
Genre : History
File Size : 73. 37 MB
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This book focuses on security practices, civil liberties and the politics of borders in liberal democracies. In the aftermath of 9/11, security practices and the denial of human rights and civil liberties are often portrayed as an exception to liberal rule, and seen as institutionally, legally and spatially distinct from the liberal state. Drawing upon detailed empirical studies from migration controls, such as the French waiting zone, Australian off-shore processing and US maritime interceptions, this study demonstrates that the limitation of liberties is not an anomaly of liberal rule, but embedded within the legal order of liberal democracies. The most ordinary, yet powerful way, of limiting liberties is the creation of legal identities, legal borders and legal spaces. It is the possibility of limiting liberties through liberal and democratic procedures that poses the key challenge to the protection of liberties. The book develops three inter-related arguments. First, it questions the discourse of exception that portrays liberal and illiberal rule as distinct ways of governing and scrutinizes liberal techniques for limiting liberties. Second, it highlights the space of government and argues for a change in perspective from territorial to legal borders, especially legal borders of policing and legal borders of rights. Third, it emphasizes the role of ordinary law for illiberal practices and argues that the legal order itself privileges policing powers and prevents access to liberties. This book will be of interest to students of critical security studies, social and political theory, political geography and legal studies, and IR in general.

The Ashgate Research Companion To Migration Law Theory And Policy

Author : Professor Satvinder S Juss
ISBN : 9781409472490
Genre : Law
File Size : 70. 5 MB
Format : PDF
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This companion takes stock of the current state of literature on migration law, theory and policy, and sketches out the contours of its future long-term development in what is now a vastly expanded research agenda, thereby providing a definitive and dependable state-of-the-art review of current research in each of the chosen areas.

Resolving Conflicts Between Human Rights

Author : Stijn Smet
ISBN : 9781317218678
Genre : Law
File Size : 80. 60 MB
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Under the influence of the global spread of human rights, legal disputes are increasingly framed in human rights terms. Parties to a legal dispute can often invoke human rights norms in support of their competing claims. Yet, when confronted with cases in which human rights conflict, judges face a dilemma. They have to make difficult choices between superior norms that deserve equal respect. In this high-level book, the author sets out how judges the world over could resolve conflicts between human rights. He presents an innovative legal theoretical account of such conflicts, questioning the relevance of the influential proportionality test to their resolution. Instead, the author develops a novel resolution framework, specifically designed to tackle human rights conflicts. The book combines concerted normative theory with profound practical analysis, firmly rooting its theoretical arguments in human rights practice. Although the analysis draws primarily on the case law of the European Court of Human Rights, the book’s core arguments are applicable to judicial practice in general. As such, the book should be of great interest to academics, postgraduate students and legal practitioners in Europe and beyond. The book is particularly suited for use in advanced courses on legal theory, human rights law and jurisprudence.

African Migrants And Europe

Author : Lorenzo Rinelli
ISBN : 9781317627098
Genre : Political Science
File Size : 86. 82 MB
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The process of migration control mirrors the trajectories of the people who traverse national boundaries, making today’s borders flexible and fluid. This book explores the transformation of migration control in the post 9/11 era. It looks at how border controls have become more diffuse in the face of increased human flows from Africa and presents a critical analysis of the dispositif of European migration control, including detention without trial, derogation of human rights law, torture, "extraordinary rendition", the curtailment of civil liberties and the securitization of migration. By examining the role of Gaddafi’s Libya in the last ten years as a gendarme of Europe, it argues for a re-visioning of borders and frontiers in ways that can account for their dialectical nature, and for the dialectical nature of political life. This text will be of key interest to scholars and students of European studies, African studies, security studies, international relations, global studies, comparative politics, cultural geography, migration studies and border theory.

Children S Rights And Refugee Law

Author : Samantha Arnold
ISBN : 9781351683562
Genre : Law
File Size : 46. 55 MB
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Children make up half of the world’s refugees and over 40 per cent of the world’s asylum seekers. However, children are largely invisible in historical and contemporary refugee law. Furthermore, there has been very limited interaction between the burgeoning children’s rights framework, in particular the Convention on the Rights of the Child (CRC), and the 1951 Convention relating to the Status of Refugees (Refugee Convention). This book explores the possibility of a children’s rights approach to the interpretation of the Refugee Convention and within that what such an approach might look like. In order to construct a children’s rights approach, the conceptualisations of children outside the legal discipline, within international children’s rights law and then within refugee law and refugee discourse are analysed. The approach taken is socio-legal and comparative in nature and the suitability of the Refugee Convention as a framework for the interpretation of child claims is examined. The book analyses to what extent the Refugee Convention is capable of dealing with claims from children based on the modern conceptualisation of children, which is underscored by two competing ideologies: the child as a vulnerable object in law to be protected and the child as subject with rights and the capacity to exercise their agency. The influence each regime has had on the other is also analysed. The work discusses how a children’s rights approach might improve outcomes for child applicants. The book makes an original contribution to child refugee discourse and as such will be an invaluable resource for academics, researchers and policymakers working in the areas of migration and asylum law, children’s rights and international human rights law.

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