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 : 30. 44 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.

Global Health And Human Rights

Author : John Harrington
ISBN : 9781136963728
Genre : Law
File Size : 64. 98 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.

Gender National Security And Counter Terrorism

Author : Margaret L. Satterthwaite
ISBN : 9780415781794
Genre : Law
File Size : 25. 41 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.

Routledge Handbook Of International Human Rights Law

Author : Scott Sheeran
ISBN : 9781135055936
Genre : Law
File Size : 23. 5 MB
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The Routledge Handbook of International Human Rights Law provides the definitive global survey of the discipline of international human rights law. Each chapter is written by a leading expert and provides a contemporary overview of a significant area within the field. As well as covering topics integral to the theory and practice of international human rights law the volume offers a broader perspective though examinations of the ways in which human rights law interacts with other legal regimes and other international institutions, and by addressing the current and future challenges facing human rights. This highly topical collection of specially commissioned papers is split into four sections: The nature and evolution of international human rights law discussing the origins, theory and practice of the discipline. Interaction of human rights with other key regimes and bodies including the interaction of the discipline with international economic law, international humanitarian law, and development, as well as other legal regimes. Evolution and prospects of regional approaches to human rights discussing the systems of Europe, the Americas, Africa and South East Asia, and their relationship to the United Nations treaty bodies. Key contemporary challenges including non-State actors, religion and human rights, counter-terrorism, and enforcement and remedies. Providing up-to-date and authoritative articles covering key aspects of international human rights law, this book work is an essential work of reference for scholars, practitioners and students alike. Chapter 35 of this book is freely available as a downloadable Open Access PDF at www.tandfebooks.com/openaccess. It has been made available under a Creative Commons Attribution-Non Commercial-No Derivatives 3.0 license.

Gender Nutrition And The Human Right To Adequate Food

Author : Anne C. Bellows
ISBN : 9781134738731
Genre : Social Science
File Size : 30. 81 MB
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This book introduces the human right to adequate food and nutrition as evolving concept and identifies two structural "disconnects" fueling food insecurity for a billion people, and disproportionally affecting women, children, and rural food producers: the separation of women’s rights from their right to adequate food and nutrition, and the fragmented attention to food as commodity and the medicalization of nutritional health. Three conditions arising from these disconnects are discussed: structural violence and discrimination frustrating the realization of women’s human rights, as well as their private and public contributions to food and nutrition security for all; many women’s experience of their and their children’s simultaneously independent and intertwined subjectivities during pregnancy and breastfeeding being poorly understood in human rights law and abused by poorly-regulated food and nutrition industry marketing practices; and the neoliberal economic system’s interference both with the autonomy and self-determination of women and their communities and with the strengthening of sustainable diets based on democratically governed local food systems. The book calls for a social movement-led reconceptualization of the right to adequate food toward incorporating gender, women’s rights, and nutrition, based on the food sovereignty framework.

Climate Change And Human Rights

Author : Ottavio Quirico
ISBN : 9781317662679
Genre : Law
File Size : 81. 11 MB
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Do anthropogenic greenhouse gas emissions affect human rights? Should fundamental rights constrain climate policies? Scientific evidence demonstrates that anthropogenic greenhouse gas emissions contribute to increasing atmospheric temperatures, soon passing the compromising threshold of 2° C. Consequences such as Typhoon Haiyan prove that climate alteration has the potential to significantly impair basic human needs. Although the United Nations Framework Convention on Climate Change and human rights regulatory regimes have so far proceeded separately, awareness is arising about their reciprocal implications. Based on tripartite fundamental obligations, this volume explores the relationship between climate change and interdependent human rights, through the lens of an international and comparative perspective. Along the lines of the metaphor of the ‘wall’, the research ultimately investigates the possibility of overcoming the divide between universal rights and climate change, and underlying barriers. This book aims to be a useful resource not only for practitioners, policymakers, academics, and students in international, comparative, environmental law and politics and human rights, but also for the wider public.

Disability Gender And Violence Over The Life Course

Author : Sonali Shah
ISBN : 9781351619097
Genre : Social Science
File Size : 23. 16 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.

International Investment Law And The Right To Regulate

Author : Lone Wandahl Mouyal
ISBN : 9781317408024
Genre : Business & Economics
File Size : 42. 19 MB
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The book considers the ways in which the international investment law regime intersects with the human rights regime, and the potential for clashes between the two legal orders. Within the human rights regime states may be obligated to regulate, including a duty to adopt regulation aiming at improving social standards and conditions of living for their population. Yet, states are increasingly confronted with the consequences of such regulation in investment disputes, where investors seek to challenge regulatory interferences for example in expropriation claims. Regulatory measures may for instance interfere with the investment by imposing conditions on investors or negatively affecting the value of the investment. As a consequence, investors increasingly seek to challenge regulatory measures in international investment arbitration on the basis of a bilateral investment treaty. This book sets out the nature and the scope of the right to regulate in current international investment law. The book examines bilateral investment treaties and ICSID arbitrations looking at the indicative parameters that are granted weight in practice in expropriation claims delimiting compensable from non-compensable regulation. The book places the potential clash between the right to regulate and international investment law within a theoretical framework which describes the stability-flexibility dilemma currently inherent within international law. Lone Wandahl Mouyal goes on to set out methods which could be employed by both BIT-negotiators and adjudicators of investment disputes, allowing states to exercise their right to regulate while at the same time providing investors with legal certainty. The book serves as a valuable tool, an added perspective, for academics as well as for practitioners dealing with aspects of international investment law.

Women S Rights And Religious Law

Author : Fareda Banda
ISBN : 9781317517658
Genre : Law
File Size : 22. 51 MB
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The three Abrahamic faiths have dominated religious conversations for millennia but the relations between state and religion are in a constant state of flux. This relationship may be configured in a number of ways. Religious norms may be enforced by the state as part of a regime of personal law or, conversely, religious norms may be formally relegated to the private sphere but can be brought into the legal realm through the private acts of individuals. Enhanced recognition of religious tribunals or religious doctrines by civil courts may create a hybrid of these two models. One of the major issues in the reconciliation of changing civic ideals with religious tenets is gender equality, and this is an ongoing challenge in both domestic and international affairs. Examining this conflict within the context of a range of issues including marriage and divorce, violence against women and children, and women’s political participation, this collection brings together a discussion of the Abrahamic religions to examine the role of religion in the struggle for women’s equality around the world. The book encompasses both theory and practical examples of how law can be used to negotiate between claims for gender equality and the right to religion. It engages with international and regional human rights norms and also national considerations within countries. This book will be of great relevance to scholars and policy makers with an interest in law and religion, gender studies and human rights law.

The Protection Of Vulnerable Groups Under International Human Rights Law

Author : Ingrid Nifosi-Sutton
ISBN : 9781317560722
Genre : Law
File Size : 25. 59 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.

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