Human Rights Law And The Marginalized Other


Human Rights Law And The Marginalized Other
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Human Rights Law And The Marginalized Other


Human Rights Law And The Marginalized Other
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Author : William Paul Simmons
language : en
Publisher:
Release Date : 2011

Human Rights Law And The Marginalized Other written by William Paul Simmons and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Electronic books categories.




Human Rights Law And The Marginalized Other


Human Rights Law And The Marginalized Other
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Author : William Paul Simmons
language : en
Publisher: Cambridge University Press
Release Date : 2011-09-26

Human Rights Law And The Marginalized Other written by William Paul Simmons and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-09-26 with Philosophy categories.


This is a groundbreaking application of contemporary philosophy to human rights law that proposes significant innovations for the progressive development of human rights. Drawing on the works of prominent 'philosophers of the Other' including Emmanuel Levinas, Gayatri Chakravorti Spivak, Judith Butler and, most centrally, the Argentine philosopher of liberation Enrique Dussel, this book develops an ethics based on concrete face-to-face relationships with the Marginalized Other. It proposes that this should inspire a human rights law that is grounded in transcendental justice and framed from the perspective of marginalized groups. This would continuously deconstruct the original violence found in all human rights treaties and tribunals and promote preferential treatment for the marginalized. It would be especially attentive to such issues as access to justice, voice, representation, agency and responsibility. This differs markedly from more conventional theories that prioritize the autonomy of the ego, state sovereignty, democracy and/or equality.



Marginalized Communities And Access To Justice


Marginalized Communities And Access To Justice
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Author : Yash Ghai CBE
language : en
Publisher: Routledge
Release Date : 2009-12-16

Marginalized Communities And Access To Justice written by Yash Ghai CBE and has been published by Routledge this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-12-16 with Law categories.


Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.



Vulnerable And Marginalised Groups And Human Rights


Vulnerable And Marginalised Groups And Human Rights
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Author : David S. Weissbrodt
language : en
Publisher: Edward Elgar Publishing
Release Date : 2011

Vulnerable And Marginalised Groups And Human Rights written by David S. Weissbrodt and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with Human rights categories.


This insightful volume addresses human rights from the perspective of those groups whose rights are especially vulnerable to abuse, with particular reference to stateless or internally-displaced persons, linguistic, cultural and sexual minorities and disabled people. Professor Weissbrodt and Professor Rumsey have brought together a comprehensive selection which elucidates the problems common to all vulnerable groups and provides a deeper understanding of their situation. In their original introduction the editors discuss the question of protecting group rights in international law and provide an authoritative overview of the issues raised. The volume will be an invaluable reference source for scholars and practitioners interested in human rights law and will also appeal to scholars in the fields of philosophy, human rights theory and disability studies.



Closing The Rights Gap


Closing The Rights Gap
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Author : LaDawn Haglund
language : en
Publisher: Univ of California Press
Release Date : 2015-03-21

Closing The Rights Gap written by LaDawn Haglund and has been published by Univ of California Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-03-21 with Social Science categories.


Do "human rights"—as embodied in constitutions, national laws, and international agreements—foster improvements in the lives of the poor or otherwise marginalized populations? When, where, how, and under what conditions? Closing the Rights Gap: From Human Rights to Social Transformation systematically compares a range of case studies from around the world in order to clarify the conditions under which—and institutions through which—economic, social, and cultural rights are progressively realized in practice. It concludes with testable hypotheses regarding how significant transformative change might occur, as well as an agenda for future research to facilitate rights realization worldwide.



Intersectionality And Human Rights Law


Intersectionality And Human Rights Law
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Author : Shreya Atrey
language : en
Publisher: Bloomsbury Publishing
Release Date : 2020-12-10

Intersectionality And Human Rights Law written by Shreya Atrey and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2020-12-10 with Political Science categories.


This collection of essays analyses how diversity in human identity and disadvantage affects the articulation, realisation, violation and enforcement of human rights. The question arises from the realisation that people, who are severally and severely disadvantaged because of their race, religion, gender, age, disability, sexual orientation, class etc, often find themselves at the margins of human rights; their condition seldom improved and sometimes even worsened by the rights discourse. How does one make sense of this relationship between the complexity of people's disadvantage and violation of their human rights? Does the human rights discourse, based on its universal and common values, have tools, methods or theories to capture and respond to the difference in people's lived experience of rights? Can intersectionality help in that quest? This book seeks to inaugurate this line of inquiry.



Human Rights Universality And Diversity


Human Rights Universality And Diversity
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Author : Eva Brems
language : en
Publisher: BRILL
Release Date : 2021-10-18

Human Rights Universality And Diversity written by Eva Brems and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2021-10-18 with Law categories.




International Law And Its Others


International Law And Its Others
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Author : Anne Orford
language : en
Publisher: Cambridge University Press
Release Date : 2006-11-02

International Law And Its Others written by Anne Orford and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006-11-02 with Law categories.


Institutional and political developments since the end of the Cold War have led to a revival of public interest in, and anxiety about, international law. Liberal international law is appealed to as offering a means of constraining power and as representing universal values. This book brings together scholars who draw on jurisprudence, philosophy, legal history and political theory to analyse the stakes of this turn towards international law. Contributors explore the history of relations between international law and those it defines as other - other traditions, other logics, other forces, and other groups. They explore the archive of international law as a record of attempts by scholars, bureaucrats, decision-makers and legal professionals to think about what happens to law at the limits of modern political organisation. The result is a rich array of responses to the question of what it means to speak and write about international law in our time.



The Wretched Of The Global South


The Wretched Of The Global South
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Author : Thamil Venthan Ananthavinayagan
language : en
Publisher: Springer
Release Date : 2024-03-23

The Wretched Of The Global South written by Thamil Venthan Ananthavinayagan and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-23 with Law categories.


The books aims to discuss and present an alternative epistemology of human rights, against the background of the globalization from below. The interdependent network of transnational networks, ranging from social movements, NGOs, and other groupings, questions the neoliberal paradigm and a particular set of human rights. This book wishes to transform this discourse on human rights and amplify the subaltern voices. The book also aims to highlight alternative practices of freedom that decenter human rights as a liberation discourse. Following Julia Suarez-Krabbe in “Race, Rights and Rebels”, the authors aim to amend to practices of freedom that center different orders of knowledge on subjectivity and agency. The proposed book, first, situates the problem of representation of the marginalized voices in contemporary legal and political discourse. Second, it offers critiques in theory, and, third, followed by alternative practices that emanate from marginalized localities. In particular, this book wishes to reflect upon alternatives rooted in legal and non-legal responses to address human rights grievances. In the end, this book envisages, along the lines of Frantz Fanon, to vision the possibility of the human by a new concept, addressing the concerns in various ways: As Fanon argued for “a new start”, “a new way of thinking”, and for the creation of a “new man”, it is pertinent to trigger a human rights project from the below. p="" ^



Critical Perspectives On Human Rights And Disability Law


Critical Perspectives On Human Rights And Disability Law
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Author : Marcia H. Rioux
language : en
Publisher: Martinus Nijhoff Publishers
Release Date : 2011-05-23

Critical Perspectives On Human Rights And Disability Law written by Marcia H. Rioux and has been published by Martinus Nijhoff Publishers this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-05-23 with Political Science categories.


This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.