developing the right to social security a gender perspective routledge research in human rights law

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Developing The Right To Social Security A Gender Perspective

Author : Beth Goldblatt
ISBN : 9781317311379
Genre : Social Science
File Size : 40. 81 MB
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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.

Gender National Security And Counter Terrorism

Author : Margaret L. Satterthwaite
ISBN : 9780415781794
Genre : Law
File Size : 89. 10 MB
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In the name of fighting terrorism, countries have been invaded; wars have been waged; people have been detained, rendered and tortured; and campaigns for "hearts and minds" have been unleashed. Human rights analyses of the counter-terrorism measures implemented in the aftermath of 11 September 2001 have assumed that men suffer the most--both numerically and in terms of the nature of rights violations endured. This assumption has obscured the ways that women, men, and sexual minorities experience counter-terrorism. By integrating gender into a human rights analysis of counter-terrorism--and human rights into a gendered analysis of counter-terrorism--this volume aims to reverse this trend. Through this variegated human rights lens, the authors in this volume identify the spectrum and nature of rights violations arising in the context of gendered counter-terrorism and national security practices. Introduced with a foreword by Martin Scheinin, former UN Special Rapporteur on Human Rights and Counter-Terrorism, the volume examines a wide range of gendered impacts of counter-terrorism measures that have not been theorized in the leading texts on terrorism, counter-terrorism, national security, and human rights. Gender, National Security and Counter-Terrorism will be of particular interest to scholars and students in the disciplines of Law, Security Studies and Gender Studies.

Human Rights And Development In International Law

Author : Tahmina Karimova
ISBN : 9781317351641
Genre : Law
File Size : 73. 27 MB
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This book addresses the legal issues raised by the interaction between human rights and development in contemporary international law. In particular, it charts the parameters of international law that states have to take into account in order to protect human rights in the process of development. In doing so, it departs from traditional analyses, where human rights are mainly considered as a political dimension of development. Rather, the book suggests focusing on human rights as a system of international norms establishing minimum standards of protection of individuals and minimum standards applicable in all circumstances on what is essential for a dignified existence. The various dimensions covered in the book include: the discourse on human rights and development interrelationship, particularly opinio juris and the practice of states on the question; the notion of international assistance and cooperation in human rights law, under legal regimes such as international humanitarian law, and emerging rules in the area of protection of persons in the event of disasters; the extraterritorial scope of economic, social and cultural rights treaties; and legal principles on the respect for human rights in externally designed and planned development activities. Analysis of these topics sheds light on the question of whether international law as it stands today addresses most of the issues concerning the protection of human rights in the development process.

Global Health And Human Rights

Author : John Harrington
ISBN : 9781136963728
Genre : Law
File Size : 86. 21 MB
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The right to health, having been previously neglected is now being deployed more and more often in litigation, activism and policy-making across the world. International bodies such as the WHO, UNAIDS, World Bank and WTO are increasingly using or being evaluated with reference to health rights, and international NGOs frequently use the language of rights in campaigning and in more concrete litigation. This book brings together an impressive array of internationally renowned scholars in the areas of law, philosophy and health policy to critically interrogate the development of rights based approaches to health. The volume integrates discussion of the right to health at a theoretical level in law and ethics, with the difficult substantive issues where the right is relevant, and with emerging systems of global health governance. The contributions to this volume will add to our theoretical and practical understanding of rights based approaches to health.

Human Rights Law And Personal Identity

Author : Jill Marshall
ISBN : 9781134443338
Genre : Law
File Size : 29. 64 MB
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This book explores the role human rights law plays in the formation, and protection, of our personal identities. Drawing from a range of disciplines, Jill Marshall examines how human rights law includes and excludes specific types of identity, which feed into moral norms of human freedom and human dignity and their translation into legal rights. The book takes on a three part structure. Part I traces the definition of identity, and follows the evolution of, and protects, a right to personal identity and personality within human rights law. It specifically examines the development of a right to personal identity as property, the inter-subjective nature of identity, and the intercession of power and inequality. Part II evaluates past and contemporary attempts to describe the core of personal identity, including theories concerning the soul, the rational mind, and the growing influence of neuroscience and genetics in explaining what it means to be human. It also explores the inter-relation and conflict between universal principles and culturally specific rights. Part III focuses on issues and case law that can be interpreted as allowing self-determination. Marshall argues that while in an age of individual identity, people are increasingly obliged to live in conformed ways, pushing out identities that do not fit with what is acceptable. Drawing on feminist theory, the book concludes by arguing how human rights law would be better interpreted as a force to enable respect for human dignity and freedom, interpreted as empowerment and self-determination whilst acknowledging our inter-subjective identities. In drawing on socio-legal, philosophical, biological and feminist outlooks, this book is truly interdisciplinary, and will be of great interest and use to scholars and students of human rights law, legal and social theory, gender and cultural studies.

Disability Gender And Violence Over The Life Course

Author : Sonali Shah
ISBN : 9781351619097
Genre : Social Science
File Size : 57. 77 MB
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This is the first book to explore the interplay of disability, gender and violence over the life course from researcher, practitioner and survivor perspectives. It gives due weight to the accounts of disabled children and adults who have survived institutional or individual violence, evidencing barriers to recognition, disclosure and reporting. Written by disabled and non-disabled women from around the world, Disability, Gender and Violence over the Life Course addresses the dearth of voices and experiences of disabled women and girls in empirical research, policy and practice on issues of violence, victimisation, protection, support and prevention. Divided into three parts – Childhood, Adulthood and Older Life – this collection offers diverse perspectives on the intersectionality of disability, age, ethnicity, sexuality and violence that have hitherto been absent. This book will be an invaluable resource for students and practitioners of multiple fields of practice and academic studies, including health and social care, nursing, social work, childhood studies, gender studies, disability studies, safeguarding and child protection, equality and human rights, sociology and criminology.

The Protection Of Vulnerable Groups Under International Human Rights Law

Author : Ingrid Nifosi-Sutton
ISBN : 9781317560722
Genre : Law
File Size : 26. 82 MB
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The protection of vulnerable groups varies under international human rights law. Depending on the group at stake, protection may be more or less advanced. In some cases, the international community has deemed it necessary to adopt conventions providing for the rights of certain vulnerable groups and establishing mechanisms to verify State compliance. Other groups have not been the focus of States’ standard-setting endeavours, but their protection still falls within the scope of human rights treaties of general application and the mandate of their respective monitoring bodies. This book takes an innovative approach to the investigation of the international legal protection of vulnerable groups. Rather than examining the situation of a number of vulnerable groups and applicable international or regional conventions, this book reviews the overall scope of the protection of vulnerable groups under International Human Rights Law. This book conceptualizes the protection of vulnerable groups as an underlying and essential component of International Human Rights Law through a systematic and comprehensive analysis of international human rights law instruments and relevant practice of international and regional human rights monitoring bodies. The book illuminates how human rights monitoring bodies foster protection of vulnerable groups and their members at the domestic level, and underscores and assesses vulnerability paradigms these bodies have elaborated. The book also puts forward a legal definition of vulnerable groups. This book will be of great interest to students and scholars of international human rights law.

Human Rights Education And The Politics Of Knowledge

Author : Joanne Coysh
ISBN : 9781317669609
Genre : Law
File Size : 41. 79 MB
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Around the world there are a myriad of NGOs using human rights education (HRE) as a tool of community empowerment with the firm belief that it will help people improve their lives. One way of understanding these processes is that they translate universal human rights speak using messages and symbols which make them relevant to people’s daily lives and culturally resonant. However, an alternative more radical perspective is that these processes should engage individuals in modes of critical inquiry into the ways that that existing power structures maintain the status quo and control not only how we understand and speak about social inequality and injustice, but also act on it. This book is a critical inquiry into the production, distribution and consumption of HRE and how the discourse is constructed historically, socially and politically through global institutions and local NGO practice. The book begins with the premise that HRE is composed of theories of human rights and education, both of which are complex and multifaceted. However, the book demonstrates how over time a dominant discourse of HRE, constructed by the United Nations institutional framework, has come to prominence and the ways it is reproduced and reinforced through the practice of intermediary NGOs engaged in HRE activities with community groups. Drawing on socio-legal scholarship it offers a new theoretical and political framework for addressing how human rights, pedagogy, knowledge and power can be analysed between the global and local by connecting the critical, but well-trodden, theories of human rights to insights on critical pedagogy. It uses critical discourse analysis and ethnographic research to investigate the practice of NGOs engaged in HRE using contextual evidence and findings from fieldwork with NGOs and communities in Tanzania.

Social And Economic Rights In Theory And Practice

Author : Helena Alviar García
ISBN : 9781317964438
Genre : Law
File Size : 77. 96 MB
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Since World War II, a growing number of jurisdictions in both the developing and industrialized worlds have adopted progressive constitutions that guarantee social and economic rights (SER) in addition to political and civil rights. Parallel developments have occurred at transnational level with the adoption of treaties that commit signatory states to respect and fulfil SER for their peoples. This book is a product of the International Social and Economic Rights Project (iSERP), a global consortium of judges, lawyers, human rights advocates, and legal academics who critically examine the effectiveness of SER law in promoting real change in people’s lives. The book addresses a range of practical, political, and legal questions under these headings, with acute sensitivity to the racial, cultural, and gender implications of SER and the path-breaking SER jurisprudence now emerging in the "Global South". The book brings together internationally renowned experts in the field of social and economic rights to discuss a range of rights controversies from both theoretical and practical perspectives. Contributors of the book consider specific issues in the litigation and adjudication of SER cases from the differing standpoints of activists, lawyers, and adjudicators in order to identify and address the specific challenges facing the SER community. This book will be of great use and interest to students and scholars of comparative constitutional law, human rights, public international law, development studies, and democratic political theory.

Human Rights And Disability

Author : John-Stewart Gordon
ISBN : 9781317119890
Genre : Law
File Size : 30. 45 MB
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The formerly established medically-based idea of disability, with its charity-based approach to treatment and services, is being replaced by a human rights-based approach in which people with impairments are no longer considered medical problems, totally dependent on the beneficence of non-impaired people in society, but have fundamental rights to support, inclusion, and participation. This interdisciplinary book examines the diverse concerns that people with impairments face in the context of human rights, provides insights into new developments on important issues relating human rights to disability, and features new approaches and solutions to vital problems in the current debate.

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