Law: Human rights and civil liberties Books

Book SynopsisInstitutions matter for the advancement of human rights in global health. Given the dramatic development of human rights under international law and the parallel proliferation of global institutions for public health, there arises an imperative to understand the implementation of human rights through global health governance. This volume examines the evolving relationship between human rights, global governance, and public health, studying an expansive set of health challenges through a multi-sectoral array of global organizations. To analyze the structural determinants of rights-based governance, the organizations in this volume include those international bureaucracies that implement human rights in ways that influence public health in a globalizing world. This volume brings together leading health and human rights scholars and practitioners from academia, non-governmental organizations, and the United Nations system. They explore the foundations of human rights as a normative framewTrade ReviewHaving planted the seeds of the human rights-based approach in my role as United Nations High Commissioner for Human Rights, I am delighted to see these contributing chapters sharing the enduring results of these efforts to advance global health. This volume will be vital to the continuing advancement of rights-based global governance to safeguard the health of the world's most vulnerable peoples. It makes clear the importance of translating human rights into institutional programming for public health. Providing the first systematic account of the implementation of health-related human rights through global governance, this volume will serve as a model for future research, practice, and advocacy to advance global health and human rights. * Mary Robinson, Former President of Ireland (1990-1997); United Nations High Commissioner for Human Rights (1997-2002) *Table of ContentsFOREWORD Human Rights in Global Health Governance Mary Robinson PREFACE Preface INTRODUCTION Responding to the Public Health Harms of a Globalizing World through Human Rights in Global Governance Benjamin Mason Meier and Lawrence O. Gostin PART I: HUMAN RIGHTS IN GLOBAL HEALTH 1. The Origins of Human Rights in Global Health Lawrence O. Gostin and Benjamin Mason Meier 2. The Evolution of Applying Human Rights Frameworks to Health Alicia Ely Yamin and Andrés Constantin 3. Framing Human Rights in Global Health Governance Benjamin Mason Meier and Lawrence O. Gostin 4. The Future of Global Governance for Health: Putting Rights at the Center of Sustainable Development Michel Sidibé, Helena Nygren-Krug, Bronwyn McBride, and Kent Buse PART II: WORLD HEALTH ORGANIZATION 5. Development of Human Rights Through WHO Benjamin Mason Meier and Florian Kastler 6. Mainstreaming Human Rights Across WHO Rebekah Thomas and Veronica Magar 7. The Future of Human Rights in WHO Flavia Bustreo, Veronica Magar, Rajat Khosla, Marcus Stahlhofer, and Rebekah Thomas PART III: INTER-GOVERNMENTAL ORGANIZATIONS 8. The United Nations Children's Fund: Implementing Human Rights for Child Health Benjamin Mason Meier, Mitra Motlagh, and Kumanan Rasanathan 9. The International Labor Organization: Human Rights to Health and Safety at Work Lee Swepston 10. The United Nations Educational, Scientific and Cultural Organization: Advancing Global Health Through Human Rights in Education and Science Audrey Chapman and Konstantinos Tararas 11. The United Nations Population Fund: An Evolving Human Rights Mission and Approach to Sexual and Reproductive Health Emilie Filmer-Wilson and Luis Mora 12. The Food and Agriculture Organization of the United Nations: Advancing the Right to Food to Promote Public Health Olivier de Schutter and Carolin Anthes 13. The Joint United Nations Programme on HIV/AIDS: With Communities for Human Rights Helena Nygren-Krug 14. The Future of Intergovernmental Partnerships for Health and Human Rights Sarah Hawkes, Julia Kreienkamp, and Kent Buse PART IV: GLOBAL ECONOMIC GOVERNANCE & GLOBAL HEALTH FUNDING AGENCIES 15. Integrating a Human Rights-Based Approach and the Right to Development into Global Governance for Health Stephen P. Marks 16. The World Bank: Contested Institutional Progress in Rights-Based Health Discourse Yusra Ribhi Shawar and Jennifer Prah Ruger 17. The World Trade Organization: Carving Out the Right to Health for Access to Medicines and Tobacco Control Suerie Moon and Thirukumaran Balasubramaniam 18. National Foreign Assistance Programs: Advancing Health-Related Human Rights Through Shared Obligations for Global Health Rachel Hammonds and Gorik Ooms 19. The Global Fund to Fight AIDS, TB, and Malaria: Funding Basic Services and Meeting the Challenge of Rights-Based Programs Ralf Jürgens, Joanne Csete, Hyeyoung Lim, Susan Timberlake, and Matthew Smith 20. The Future of Multilateral Funding to Realize the Right to Health Gorik Ooms and Rachel Hammonds PART V: GLOBAL HEALTH IN HUMAN RIGHTS GOVERNANCE 21. The Office of the UN High Commissioner for Human Rights: Putting the Right to Health on the Agenda Gillian MacNaughton and Mariah McGill 22. United National Special Procedures: Peopling Human Rights, Peopling Global Health Thérèse Murphy and Amrei Mueller 23. Human Rights Treaty Bodies: Monitoring, Interpreting, and Adjudicating Health-Related Human Rights Benjamin Mason Meier and Virginia Brás Gomes 24. The Future of Human Rights Accountability for Global Health under the Universal Periodic Review Judith R. Bueno de Mesquita and Dabney P. Evans PART VI: CONCLUSION AND AFTERWORD CONCLUSION 25. Comparative Analysis on Human Rights in Global Governance for Health Benjamin Mason Meier and Lawrence O. Gostin AFTERWORD Governance for Global Health and Human Rights in a Populist Age Benjamin Mason Meier Index

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Book SynopsisFood, water, health, housing, and education are as fundamental to human freedom and dignity as privacy, religion, or speech. Yet only recently have legal systems begun to secure these fundamental individual interests as rights. This book looks at the dynamic processes that render economic and social rights in legal form. It argues that processes of interpretation, enforcement, and contestation each reveal how economic and social interests can be protected as human and constitutional rights, and how their protection changes public law. Drawing on constitutional examples from South Africa, Colombia, Ghana, India, the United Kingdom, the United States and elsewhere, the book examines innovations in the design and role of institutions such as courts, legislatures, executives, and agencies in the organization of social movements and in the links established with market actors. This comparative study shows how legal systems protect economic and social rights by shifting the focus from minimuTrade ReviewSocial and economic rights are growing apace throughout the world. Anyone seeking a thoughtful and comprehensive overview of the different ways in which courts throughout the world are enforcing them could do no better than read this sharp-eyed and fluent book. * Albie Sachs *Katharine Young proposes an original theory about the development of economic and social rights, linking such development to their philosophical foundations, to their institutionalization in binding legal norms, and to their impacts in real life. It is an illuminating and well-informed account of how rights evolve, as a result of the tensions between these poles. This book is a breakthrough in scholarship on economic and social rights. * Olivier De Schutter, Former UN Special Rapporteur on the right to food (2008-2014), Member of the Committee on Economic, Social and Cultural Rights (2015-2018) *Young's work comes from a deeper sense of injustice with current world affairs and offers an imaginative and thought provoking account of the potential merits, and pitfalls, of rights based constitutionalism. * Jamie Burton, Public Law *A brilliant discussion of an extremely difficult subject of great importance to policy making and practical reasoning. Katharine Young's lucidity is exemplary, and so is the originality of her approach to human rights. * Amartya Sen, Nobel Prize winner in Economics and Thomas W. Lamont University Professor, and Professor of Economics and Philosophy, at Harvard University *Katharine Young's book is both an ideal introduction to the discourse of social and economic rights and an important advance of the field. She offers a spirited defense of the possibility of a human rights practice that is both grounded and emancipatory. Skeptics will find that their reservations are extensively and fairly considered. Activists will find many provocative challenges to their conventional wisdom. All readers will be grateful for her lucid and lively exposition. * William H. Simon, Arthur Levitt Professor of Law, Columbia Law School *Table of ContentsPART I: CONSTITUTING RIGHTS BY INTERPRETATION ; PART II: CONSTITUTING RIGHTS BY ENFORCEMENT ; PART III: CONSTITUTING RIGHTS BY CONTESTATION

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Book SynopsisThe law of defamation contemplates the clash of two fundamental rights: the right to freedom of expression, including freedom of the media, and the right to reputation. The rules of defamation law are designed to mediate between these two rights. The central proposition that this book makes is that defamation law needs to be reformed to balance the conflicting rights. This discussion flows from a theoretical analysis of the rights in issue; the value underlying the right to reputation that has most resonance is human dignity, while the value that is most apposite to freedom of expression in this context is the argument that free speech is integral to democracy. The argument from democracy emphasizes that speech on matters of public interest should receive greater protection than private speech. This book argues that fundamental rules of defamation law need to be reformed to take into account the dual importance of public interest speech on the one hand, and the right to human dignity oTable of Contents1. Introduction ; 2. The Right to Reputation ; 3. Freedom of Expression and Freedom of the Media ; 4. Public Speech ; 5. The Presumption of Falsity ; 6. Fault and Defamation Liability ; 7. Aspects of Damages and Costs ; 8. Alternative Remedies ; 9. Conclusion

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Book SynopsisOpening with a discussion of the shifting conceptions of European democracy, this volume proceeds to look at key areas of substantive law against the backdrop of the Constitutional Treaty, from Foreign Relations to Fundamental Rights, Social Policy to Justice and Home Affairs. It also examines potential solutions to the constitutional crisis.Table of Contents1. Introduction ; 2. European Democracy Between Two Ages ; 3. Direct effect, indirect effect, supremacy and the evolving constitution of the European Union ; 4. Respecting Fundamental Rights in the New Union: A Review ; 5. Social Policy Revisited in the Light of the Constitutional Debate ; 6. The Area of Freedom, Security and Justice and the European Union's Constitutional Dialogue ; 7. Unity and Pluralism in the EU's Foreign Relations Power ; 8. 'Euro-visions'? Some Thoughts on Prospects and Mechanisms for Future Constitutional Change in the European Union

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Book SynopsisIn the past two decades,''civil society'' has become a central organizing concept in the social sciences. Occupying the middle ground between the state and private life, the civil sphere encompasses everything from associations to protests to church groups to nongovernmental organizations. Interest in the topic exploded with the decline of statism in the 1980s and 1990s, and many of our current debates about politics and social policy are informed by the renewed focus on civil society. Michael Edwards, author of the most authoritative single-authored book on civil society, serves as the editor for The Oxford Handbook of Civil Society. Broadly speaking, the book views the topic through three prisms: as a part of society (voluntary associations), as a kind of society (marked out by certain social norms), and as a space for citizen action and engagement (the public square or sphere). It does not focus solely on the West (a failing of much of the literature to date), but looks at civil socTrade ReviewThe Oxford Handbook of Civil Society presents a kaleidoscope of views...The entries are concise and well-written, focusing on major issues of contention in academic debate, thus providing ideal readings for classes and for introduction to the topic. * Choice *Spectacularly readable...Michael Edwards, its editor, has taken on the daunting task over the past few decades of actually trying to understand one of the slipperiest ideas social scientists and philosophers have employed over the past few centuries. Edwards has written clearly on the subject, has funded research and action to enhance this understanding, and in this volume, calls upon a talented network of his colleagues to illuminate the civil society concept in a remarkable display of good sense and intellectual persuasion. * Voluntas *Table of ContentsPart 1. Introduction ; 1. Introduction, Michael Edwards ; 2. The History of Civil Society Ideas, John Ehrenberg ; Part 2. The Forms of Civil Society ; 3. The Non-Profit Sector, Steven R. Smith ; 4. Development NGOs, Alan Fowler ; 5. Grassroots Associations, Frances Kunreuther ; 6. Social Movements, Donatella Della Porta and Mario Diani ; 7. Social Enterprise and Social Entrepreneurs, Alex Nicholls ; 8. Global Civil Society, Lisa Jordan ; Part 3. Geographical Perspectives ; 9. Civil Society in the United States, Theda Skocpol ; 10. Civil Society in Latin America, Evelina Dagnino ; 11. Civil Society in Post-Communist Europe, Marc Morje Howard ; 12. Civil Society in the Middle East, Eberhard Kienle ; 13. Civil Society in China, Jude Howell ; 14. Civil Society in India, Neera Chandhoke ; 15. Civil Society in Sub-Saharan Africa, Ebenezer Obadare ; Part 4. The Norms of Civil Society ; 16. Civil Society and Social Capital, Michael Woolcock ; 17. Civil and Uncivil Society, Clifford Bob ; 18. Civil Society and Civility, Nina Eliasoph ; 19. Civil Society and Equality, Sally Kohn ; 20. Civil Society and Diversity, Hilde Coffe and Catherine Bolzendahl ; 21. Civil Society and Religion, Donald E. Miller ; 22. Civil Society and Spirituality, Claudia Horwitz ; Part 5. The Spaces of Civil Society ; 23. Civil Society and Government, Nancy L. Rosenblum and Charles H.T. Lesch ; 24. Civil Society and Civil Liberties, Mark Sidel ; 25. Civil Society and the Public Sphere, Craig Calhoun ; 26. Civil Society and Public Work, Harry C. Boyte ; 27. Civil Society in the Digital Age, Roberta G. Lentz ; 28. Civil Society and Public Journalism, Charles Lewis ; 29. Civic Knowledge, Peter Levine ; Part 6. The Achievements of Civil Society ; 30. Civil Society and Democracy, Mark E. Warren ; 31. Civil Society and Poverty, Solava Ibrahim and David Hulme ; 32. Civil Society and Peace, Jenny Pearce ; 33. Civil Society and Power, John Gaventa ; 34. Civil Society and the Market, Simon Zadek ; Part 7. Supporting Civil Society ; 35. Civil Society and Institutional Philanthropy, William A. Schambra and Krista L. Shaffer ; 36. Civil Society and Grassroots Philanthropy, G. Albert Ruesga ; 37. Assisting Civil Society and Promoting Democracy, Omar G. Encarnacion ; 38. Conclusion, Michael Edwards

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Book SynopsisHuman rights have traditionally been understood as protecting individual freedom against intrusion by the State. In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals'' ability to exercise their rights. This view fundamentally shifts the focus of human rights. As well as restraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. This in turn breaks down traditional distinctions between civil and political rights and socio-economic rights. Instead, all rights give rise to a range of duties, both negative and positive. However, because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. Drawing on comparative experience from India, SouthTrade Review[The volume] impressively refutes previously raised objections to social rights, develops the field with a truly universal vision and sense of the socio-philosophical aspects of the subject, and thereby achieves something undeniably important for the theoretical foundations of social rights * Eberhard Eichenhofer, University of Jena *This book is a sustained attempt to refocus the human rights debate and promote a more accurate picture of the field. It succeeds in this aim...Professor Fredman is to be commended for confronting directly a view of human rights that consistently impedes sensible debate...the book encourages innovation, whether through the courts or in the conversations that drive law, policy and practice forward...As work continues to explore how human rights objectives become credibly and effectively embedded within national traditions and contexts (for the overriding purpose of achieving just political, social and legal outcomes), this book is an impressive and welcome contribution which should generate more informed political and legal debate. * Colin Harvey, The Modern Law Review (72)6, 2009 *...a timely and valuable contribution to this growing field...Human Rights Transformed: Positive Rights and Positive Duties addresses difficult questions about courts and human rights with both insight and perception, covering a broad range of comparative experience in doing so. Fredman's book is a substantial contribution to theoretical and legal debates about human rights and social justice. Its subject matter resonates well with topics in law, socio-legal studies, politics and development studies. It is highly recommended. * Cathi Albertyn, Public Law 2010 *Table of ContentsIntroduction ; PART I: UNDERSTANDING POSITIVE DUTIES ; 1. Human Rights Values Refashioned: Liberty, Equality, and Solidarity ; 2. The Nature of the State: Democracy, Globalization, and Privatization ; PART II: JUDGING AND ENFORCING: COURTS AND COMPLIANCE ; 3. The Strcture of Positive Duties ; 4. Justiciability and the Role of Courts ; 5. Restructuring the Courts: Public Interest Litigation in the Indian Courts ; 6. Achieving Compliance: Positive Duties Beyond the Courts ; PART III: SUBSTANTIVE RIGHTS AND POSITIVE DUTIES ; 7. Equality ; 8. Socio-Economic Rights and Positive Duties

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Book SynopsisChief Justice John Marshall argued that a constitution requires that only its great outlines should be marked [and] its important objects designated. Ours is intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs. In recent years, Marshall''s great truths have been supplanted by originalism and strict construction. Such legal thinkers as Supreme Court Justice Antonin Scalia argue that the Constitution must be construed as it was in the eighteenth century--that judges must adhere to the original understandings of the founding law. In Keeping Faith with the Constitution, three legal authorities make the case for Marshall''s vision. They describe their approach as constitutional fidelity--not to the indecipherable intent of the framers, but to the principles of the Constitution. The original understanding of the text is one source of interpretation, but not the only one; to preserve the meaning and authority of the document, to keep it

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Book SynopsisAn eclectic collection of Chomsky's writings on subjects ranging from East Timor and the Middle East to linguistics and social policyTable of ContentsForeword Preface 1. Language and Thought: Some Reflections on Venerable Themes 2. Language and Nature 3. Writers and Intellectual Responsibility 4. Goals and Visions 5. Democracy and Markets in the New World Order 6. The Middle East Settlement: Its Sources and Contours 7. The Great Powers and Human Rights: The Case of East Timor 8. East Timor and World Order Endnotes Index

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Book SynopsisIn this first textbook on international and European disability law and policy, Broderick and Ferri analyse the interaction between different legal systems and sources. Guided by the global legal standards of the CRPD, students are equipped with the necessary background on disability, and are given a comprehensive overview of the legal and policy frameworks on disability. The narrative maintains the balance between theory and practice, focusing on the legal framework and challenges in the realm of policy-making, and ensuring that students are aware of current legal debates and controversial issues in the field. Accommodating different learning styles, the book employs a range of accessible features which include learning outcomes for each chapter, problem questions, group activities, extracts from legal debates and more. Including case studies and examples from around the world, this book has a truly global perspective, suitable for introductory and advanced modules in law departments,Trade Review'A textbook to guide and excite students new to the subject, this book fills a large gap in the field of international and European Disability Law. It also provides an invaluable and thought-provoking resource for established scholars and others in the field.' Anna Lawson, University of Leeds'I whole-heartedly welcome this textbook on international and European Disability Law. The text, which is multidisciplinary and very accessible, provides a one-stop shop for students of Disability Law.' Aisling Parkes, University College CorkTable of ContentsPart I. The International Framework: 1. Building the foundations: disability theory and core themes; 2. The protection of the rights of persons with disabilities under international human rights law before the adoption of the United Nations Convention on the Rights of Persons with Disabilities; 3. The United Nations Convention on the Rights of Persons with Disabilities; 4. Equality and non-discrimination for persons with disabilities; 5. Accessibility for persons with disabilities; 6. Legal capacity and human dignity; 7. Persons with disabilities and the justice system; 8. The right to work of persons with disabilities; 9. Disability rights, social inclusion and core policy issues; Part II. The European Union Framework: 10. Disability law and policy in the European Union; 11. Disability discrimination in European Union law; 12. Accessibility in European Union law; Part III. The Regional Frameworks: 13. Disability law and policy in the Council of Europe; 14. Disability law and policy in the inter-American human rights system; 15. Disability law and policy in the African human rights system and in the Asian transnational regime.

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Book SynopsisThis monograph reconceptualises discrimination law as fundamentally concerned with stigma. Using sociological and socio-psychological theories of stigma, the author presents an ‘anti-stigma principle’, promoting it as a method to determine the scope of legal protection from discrimination. The anti-stigma principle recognises the role of institutional and individual action in the perpetuation of discrimination. Setting discrimination law within the field of public health, it frames positive action and intersectional discrimination as the norm in this field of law rather than the exception. In developing and applying this new theory for anti-discrimination law, the book draws upon case law from jurisdictions including the UK, Australia, New Zealand, the USA and Canada, as well as European law.Trade ReviewSolanke’s monograph offers a genuinely innovative theory of antidiscrimination law, embracing an interdisciplinary approach that remains all too rare in legal scholarship ... Focusing on the link between law and society can only be a good thing, particularly in such trying times. Solanke’s monograph is highly recommended. It is a much-needed contribution to anti-discrimination scholarship. -- William Linton, Queen Mary, University of London * Industrial Law Journal *...the author deserves praise for daring to tackle this subject in depth – something that has not been common amongst legal scholars until now ... In doing so, she has aided not only in highlighting the importance of the concept of stigma to questions regarding legal issues but also in encouraging others to follow suit. -- Paul Quinn, Vrije Universiteit Brussel, Belgium * International Journal of Discrimination and the Law *It is rare that practitioners stand back and consider the theories, basic principles, the ideology and even the sociology underlying the legal concepts that are the day-to-day bread and butter of substantive law. When they do, as in the UNISON ET fees challenge, resulting in the Supreme Court's focus on the meaning of the concept of the rule of law and the role of access to the courts in maintaining the rule of law, the result may go far beyond expectations. Engaging with Solanke's work suggests a similar potential. -- Sally Robertson * Discrimination Law Association Briefings *Solanke’s project ... is doubtless a worthy one. And Solanke’s emphasis on stigma as a key ingredient in a successful theory of discrimination law is a constructive contribution, pointing the way for future work in this rich field of inquiry. -- Benjamin Eidelson * Ethics *Investigating the causal link between stigmatisation and discrimination is ... the agenda set by Solanke in her perspective-shifting and timely book Discrimination as Stigma: A Theory of Anti-Discrimination Law. By shifting the focus to stigmatisation, the book sheds a new light on discrimination theory... Solanke's book is both inspiring and thought-provoking. It can be highly recommended. -- Raphaële Xenidis * European Journal of Legal Studies *Table of ContentsIntroduction I. Construction of the Anti-stigma Principle II. Application of the Anti-stigma Principle 1. Stigma I. Defining Stigma II. Erwin Goffman and Stigma III. The Process of Stigmatisation IV. Developments in the Theory of Stigma V. Power VI. Conclusion 2. Legal Protection from Discrimination I. Introduction II. Equality and Inequality in Political Philosophy III. The Anti-discrimination Principle in International Law IV. Closed Lists V. Open Lists VI. Dignity, Immutability and the Anti-discrimination Principle VII. The Limits of Dignity VIII. The Idea of Immutability IX. Conclusion 3. Stigma and Litigation I. Goffman in Legal Scholarship II. Litigation in Europe III. Conclusion 4. The Anti-stigma Principle I. Linking Interpersonal and Structural Stigma II. Models of Stigma and Public Health III. The Discrimination Virus IV. Conclusion 5. Public Action to Combat Discrimination I. Tackling a Public Health Virus: The Ebola Outbreak of 2014 II. The Transmission of Stigma III. Positive Action and the Public Sector Equality Duty (PSED) IV. Public Action to Tackle the Virus of Discrimination V. Conclusion 6. Stigma, Synergy and Intersectionality I. Understanding Intersectional Discrimination II. Categorisation in Anti-discrimination Law III. Addressing Intersectional Discrimination IV. Applying Intersectional Discrimination V. Conclusion

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Book SynopsisThe EU has slowly but surely developed a solid body of equality law that prohibits different facets of discrimination. While the Union had initially developed anti-discrimination norms that served only the commercial rationale of the common market, focusing on nationality (of a Member State) and gender as protected grounds, the Treaty of Amsterdam (1997) supplied five additional prohibited grounds of discrimination to the EU legislative palette, in line with a much broader egalitarian rationale. In 2000, two EU Equality Directives followed, one focusing on race and ethnic origin, the other covering the remaining four grounds introduced by the Treaty of Amsterdam, namely religion, sexual orientation, disabilities and age. Eighteen years after the adoption of the watershed Equality Directives, it seems timely to dedicate a book to their limits and prospects, to look at the progress made, and to revisit the rise of EU anti-discrimination law beyond gender. This volume sets out to capture the striking developments and shortcomings that have taken place in the interpretation of relevant EU secondary law. Firstly, the book unfolds an up-to-date systematic reappraisal of the five ‘newer’ grounds of discrimination, which have so far received mostly fragmented coverage. Secondly, and more generally, the volume captures how and to what extent the Equality Directives have enabled or, at times, prevented the Court of Justice of the European Union from developing even broader and more refined anti-discrimination jurisprudence. Thus, the book offers a glimpse into the past, present and – it is hoped – future of EU anti-discrimination law as, despite all the flaws in the Union’s ‘Garden of Earthly Delights’, it offers one of the highest standards of protection in comparative anti-discrimination law.Trade ReviewThe book is a hugely valuable contribution to the existing literature on EU anti-discrimination law and an outstanding piece of scholarly work, providing thought-provoking insights to the way in which the principle of equality applies to race and ethnicity, religion, sexual orientation, age and disability. -- Koen Lenaerts, President of the Court of Justice of the European UnionFor anyone interested in a critical assessment of how EU anti-discrimination law has developed for members of minority groups (religious, ethnic, racial, sexual-identity, others) this is now the place to start, with accessible, readable, thought-provoking chapters by leading and up-and-coming scholars in the field. -- David B. Oppenheimer, Professor of Law at UC Berkeley Law SchoolThis volume goes to the heart of one of the most dynamic and fascinating fields of EU law. We are faced with an excellent contribution, which will be the reference book on EU discrimination law in the years to come, of great benefit to academics, officials, practitioners, judges and anyone interested in anti-discrimination policies in general. -- Allan Rosas, Judge at the Court of Justice of the European UnionThis book is a very special kind of garden guide. It compares today's EU anti-discrimination law with a Garden of Equal Delights. The reason for this, the editors explain, is that despite all its flaws, the EU offers one of the highest standards of protection in comparative anti-discrimination law. Whilst this is true, discrimination is a factually complex field of EU law, and understanding and navigating it is helped immensely by the kind of guide provided by this book. -- Christa Tobler, Professor of European Law at the Universities of Basel (Switzerland) and Leiden (the Netherlands)EU anti-discrimination law is a mixture of significant leaps forward and missed opportunities, which is fairly true for secondary law and decisions of the European Court of Justice. Along these lines, the book edited by Uladzislau Belavusau and Kristin Henrard is a remarkable academic contribution to the development of EU anti-discrimination law beyond gender by diagnosing legal challenges and potential solutions. -- Tamás Gyulavári * European Labour Law Journal *Overall, this is a much-welcomed book that brings systematic analysis to the existing EU anti-discrimination law literature and offers remarkable reflections on the achievements of the 2000 Equality Directives, and their shortcomings and avenues, to introduce further improvements in this field. -- Sara Benedi Lahuerta, University of Southampton * European Law Review *The contributors to the book, well-known experts in the field and upcoming scholars, paint a picture of EU equality law that highlights its aspirational nature, its diversity as well as its sometimes detectable disorganization. They do so in a convincing, comprehensive and thought-provoking manner ... a detailed, carefully researched analysis, which will certainly influence future debates. Moreover, it is a creative contribution to the field of EU equality law. -- Johanna Croon-Gestefeld * Common Market Law Review *[N]o other recent publication can rival EU Anti-Discrimination Law beyond Gender in terms of diversity and the importance of perspectives. The well thought through structure of this anthology, the excellent choice of authors, and the clear message on the potential ways of empowering the concept and tools of EU law make the book extremely important reading for scholars, practising lawyers, experts and NGO activists. -- Aleksandra Gliszczynska-Grabias * International and Comparative Law Quarterly *For [its] focus, as well as for the range and quality of its chapters, the book makes an important contribution to the literature on EU's anti-discrimination law. -- Barbara Havelková * Modern Law Review *Table of ContentsPreface Koen Lenaerts, the President of the Court of Justice of the European Union 1. The Impact of the 2000 Equality Directives on EU Anti-Discrimination Law: Achievements and Pitfalls Uladzislau Belavusau & Kristin Henrard Part I Theoretical and Procedural Aspects 2. Multiple Discrimination in EU Anti-Discrimination Law: Towards Redressing Complex Inequality? Raphaële Xenidis 3. EU Equality Law and Precarious Work Mark Bell 4. The Effective Protection against Racial Discrimination and the Burden of Proof: Making up the Balance of the Court of Justice’s Guidance Kristin Henrard 5. When Equality Directives are not Enough: Taking an Issue with the Missing Minority Rights Policy in the EU? Dimitry Kochenov Part II Race and Ethnicity 6. Eighteen Years of the EU Equality Directive: A Mitigated Balance Mathias Möschel 7. Romani Marginalisation after the Race Equality Directive Morag Goodwin Part III Religion 8. Religious Discrimination in the Workplace: Achbita and Bougnaoui Eugenia Relaño Pastor 9. Unveiling the Culture of Justification in the European Union: Religious Clothing and the Proportionality Review Anna Sledzinska-Simon Part IV Sexual Orientation 10. The Impact of Framework Equality Directive on the Protection of LGB Persons and Same-Sex Couples from Discrimination under EU Law Alina Tryfonidou 11. EU Law as an (In)Direct Source of LGB Rights Philip M. Ayoub Part V Age 12. Justifying Age Discrimination in the EU Rachel Horton 13. EU Age Discrimination Law: A Curse or a Blessing for EU Youth Policy? Beryl Ter Haar Part VI Disability 14. Breaking Down Barriers? The Judicial Interpretation of “Disability” and “Reasonable Accomodation” in EU Anti-Discrimination Law Luísa Lourenço and Pekka Pohjankoski 15. The Influence of the UN Convention on the Rights of Persons with Disabilities on EU Anti-Discrimination Law Lisa Waddington 16. Epilogue: The Limits of Transformative Change in European Equality Law Bruno De Witte

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Book SynopsisThis new book provides a clear and accessible analysis of the various ways in which human reproduction is regulated. A comprehensive exposition of the law relating to birth control,abortion, pregnancy, childbirth, surrogacy and assisted conception is accompanied by an exploration of some of the complex ethical dilemmas that emerge when one of the most intimate areas of human life is subjected to regulatory control. Throughout the book, two principal themes recur. First, particular emphasis is placed upon the special difficulties that arise in regulating new technological intervention in all aspects of the reproductive process. Second, the concept of reproductive autonomy is both interrogated and defended. This book offers a readable and engaging account of the complex relationships between law, technology and reproduction. It will be useful for lecturers and students taking medical law or ethics courses. It should also be of interest to anyone with a more general interest in women's bodies and the law, or with the profound regulatory consequences of new technologies.Trade Review...welcomed as a valuable and essential addition to a very contentious topic. The processing, presentation and analysis of data and the development and arrangement of the content of the book are indicative of a thorough investigation and grasp of the topic, as well as a scientific dissemination of voluminous research material. Although the book will be essential reading for lecturers, students, practitioners of medical law and health care professionals, it will also be an asset to any bookshelf. P A Carsten, University of Pretoria Stellenbosch Law Review October 2001 This will be a very valuable book for the wealth of information it contains and the ease of acces to it that Jackson produces in her clear and concise writing style. The narrative is well-informed and up-to-date. The author has produced a very interesting, comprehensive and accessible account of the law's involvement in reproductive choice and I believe that it is a valuable addition to the literature in this area. Professor Sheila McLean, Glasgow University Journal of Social Welfare and Family Law October 2001Table of ContentsPart 1 In defence of reproductive autonomy. Part 2 Birth control: introduction; regulating access to birth control - United Kingdom, developing countries; defective birth control - defective sterilisation, defective contraception; involuntary birth control - a brief history of eugenic sterilisation, compulsory birth control, sterilisation in cases of incapacity; conclusion. Part 3 Abortion: introduction; the law; access to abortion; special problems - distinguishing between contraception and abortion, are some abortions morally "worse" than others?; conclusion. part 4 Pregnancy and childbirth: introduction; regulation of prenatal care and obstetric services - access and accountability, the medicalisation of pregnancy and childbirth; forced caesarean sections; controlling pregnancy - third parties, "maternal" immunity, "maternal" liability; health promotion - employment, health promotion programmes; conclusion. Part 5 Reproductive technologies: introduction; what is infertility?; what are reproductive technologies? - cryopreservation, assisted insemination by husband/partner, donor insemination, oocyte (egg) donation, in viro fertilisation, gamete intra-fallopian transfer, micromanipulation, cloning; critics of reproductive technologies - unnaturalness, child welfare arguments, the femnist critique; regulation in the UK - controlling the provision of treatment, regulating access, regulating the status and the use of gametes, regulating the status and use of the embryo, parentage, regulating new technologies; conclusion. Part 6 Surrogacy: introduction; the law - commercialisation, status, acquiring legal parenthood, (non) regulation, reform; is surrogacy acceptable? - an option of last resort?, why don't "they" adopt instead?, harm to children?, risk of exploitation, commodification of reproduction; lessons from contract law; conclusion. Postscript.

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Book SynopsisThis book looks at the challenges and contemporary issues raised by human rights in the island countries of the South West Pacific which have come under the influence of the common law – where the legal systems are complex and perceptions of rights varies widely. Drawing on a wide range of resources to present a contemporary and evolving picture of human rights in the island states of the South Pacific region, the book considers the human rights aspects of constitutions, legal institutions and structures, social organisation, culture and custom, tradition and change. The materials provide legal, historical, political, social and cultural insights into the lived experience of human rights in the region supported by illustrative material from case-law, media reports, and policy documents. The book also locates the human rights concerns of Pacific islanders firmly within the wider theoretical and international domain while at the same time maintaining focus on the importance of the unique identity of Pacific island nations and people.Human Rights in the South Pacific will appeal to anyone interested in the region or in human rights including international rights advocates, investors and developers, policy-makers, representatives of government and civic society and those wishing to acquire a better understanding of what countries emerging from colonial rule face in developing but still retaining their identity.Trade Review"Taking a thematic approach, her book offers a useful integration of analysis from the national, regional and global levels, making the interaction of international and local rights thinking visible... Farran offers an overview of evolving international norms that takes us back to the Magna Carta and the evolution of codified and customary international law, but also asks—as many human rights scholars have done—if pre-colonial indigenous law and traditions provide wellsprings." - David Webster, University of Regina; Asia Pacific World, Volume 2 Number 2, Autumn 2011Table of ContentsIntroduction 1. The Region Of The Pacific 2. Rights and the Laws That Give Effect to Them 3. Theories and Approaches to Human Rights 4. Fundamental Rights and Questions of Property 5. Social Ordering: Custom and Equality 6. Freedom from Discrimination 7. Rights Advocacy and Enforcement 8. Taking Rights Forward

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Book SynopsisMental health laws exist in many countries to regulate the involuntary detention and treatment of individuals with serious mental illnesses. 'Rights-based legalism' is a term used to describe mental health laws that refer to the rights of individuals with mental illnesses somewhere in their provisions. The advent of the United Nations Convention on the Rights of Persons with Disabilities makes it timely to rethink the way in which the rights of individuals to autonomy and liberty are balanced against state interests in protecting individuals from harm to self or others. This collection addresses some of the current issues and problems arising from rights-based mental health laws. The chapters have been grouped in five parts as follows: - Historical Foundations - The International Human Rights Framework and the United Nations Convention on the Rights of Persons with Disabilities - Gaps Between Law and Practice - Review Processes and the Role of Tribunals - Access to Mental Health Services Many of the chapters in this collection emphasise the importance of moving away from the limitations of a negative rights approach to mental health laws towards more positive rights of social participation. While the law may not always be the best way through which to alleviate social and personal predicaments, legislation is paramount for the functioning of the mental health system. The aim of this collection is to encourage the enactment of legal provisions governing treatment, detention and care that are workable and conform to international human rights documents.Trade Review...a thought provoking book for those with an interest in this field and I would recommend it. Sean McParland Frontline No. 84, Summer 2012Table of ContentsPART 1 INTRODUCTION 1 Rethinking Rights-Based Mental Health Laws Bernadette McSherry and Penelope Weller PART 2 HISTORICAL FOUNDATIONS 2 Institutionalising the Community: The Codification of Clinical Authority and the Limits of Rights-Based Approaches Philip Fennell 3 Lost in Translation: Human Rights and Mental Health Law Penelope Weller 4 The Fusion Proposal: A Next Step? Neil Rees PART 3 THE INTERNATIONAL HUMAN RIGHTS FRAMEWORK AND THE UNITED NATIONS CONVENTION ON THE RIGHTS OF PERSONS WITH DISABILITIES 5 The Expressive, Educational and Proactive Roles of Human Rights: An Analysis of the United Nations Convention on the Rights of Persons with Disabilities Oliver Lewis 6 Involuntary Treatment Decisions: Using Negotiated Silence to Facilitate Change? Annegret Kampf 7 Abolishing Mental Health Laws to Comply with the Convention on the Rights of Persons with Disabilities Tina Minkowitz PART 4 GAPS BETWEEN LAWAND PRACTICE 8 Rights-Based Legalism: Some Thoughts from the Research Genevra Richardson 9 Extra-Legislative Factors in Involuntary Status Decision-Making Ian Freckelton 10 Civil Admission Following a Finding of Unfitness to Plead Jill Peay PART 5 REVIEW PROCESSES AND THE ROLE OF TRIBUNALS 11 Involuntary Mental Health Treatment Laws: The 'Rights' and the Wrongs of Competing Models? Terry Carney 12 Reviews of Treatment Decisions: Legalism, Process and the Protection of Rights Mary Donnelly 13 Mental Health Law and Its Discontents: A Reappraisal of the Canadian Experience Joaquin Zuckerberg 14 Compulsory Outpatient Treatment and the Calculus of Human Rights John Dawson PART 6 ACCESS TO MENTAL HEALTH SERVICES 15 Rights-Based Legalism and the Limits of Mental Health Law: The United States of America's Experience John Petrila 16 The Right of Access to Mental Health Care: Voluntary Treatment and the Role of the Law Bernadette McSherry 17 Thinking About the Rest of the World: Mental Health and Rights Outside the 'First World'Peter Bartlett

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Book SynopsisThis collection is a significant contribution to debate about the role of rights in private law. It includes essays by leading private law scholars addressing fundamental questions about the role of rights in private law as a whole and within particular areas of private law. The collection includes contributions by advocates and critics of rights-based approaches and provides a thorough and balanced analysis of the relationship between rights and private law.Trade Review...a very rich and rewarding collection of 21 high-quality essays... which makes an important contribution to private law scholarship. -- Stephen Watterson * Restitution Law Review *If one is interested in the latest in private law theory in the corrective justice vein, this book is a must ... Rights and Private Law is a powerful anthology about how rights-based thinking is influencing one prevalent strand of private law theory. -- Erik S Knutsen * Canadian Business Law Journal *...this is a stimulating collection of high quality work. -- Sandy Steel * Cambridge Law Journal, Volume 73(2) *Table of Contents1. Rights and Private Law Donal Nolan and Andrew Robertson 2. Rights in Private Law Peter Cane 3. Our Most Fundamental Rights Allan Beever 4. Social Purposes, Fundamental Rights and the Judicial Development of Private Law François du Bois 5. Rights and Other Things Robert Stevens 6. Beyond 'Right' and 'Duty': Lundstedt's Theory of Obligations TT Arvind 7. Of Rights Superstructural, Inchoate and Triangular: The Role of Rights in Blackstone's Commentaries Helge Dedek 8. Rule-Based Rights and Court-Ordered Rights Stephen A Smith 9. Rights and Responsibility in the Law of Torts John CP Goldberg and Benjamin C Zipursky 10. Damages and Rights Andrew Burrows 11. Explaining the Inexplicable? Four Manifestations of Abuse of Rights in English Law JW Neyers 12. Rights and the Basis of Tort Law Nicholas J McBride 13. Is the Role of Tort to Repair Wrongful Losses? Gregory C Keating 14. The Edges of Tort Law's Rights Roderick Bagshaw 15. Rights, Pluralism and the Duty of Care Andrew Robertson 16. 'A Tort Against Land': Private Nuisance as a Property Tort Donal Nolan 17. Private Nuisance Law: A Window on Substantive Justice Richard W Wright 18. Rights and Wrongs: An Introduction to the Wrongful Interference Actions Sarah Green 19. Misfeasance in a Public Office: A Justifiable Anomaly within the Rights-Based Approach? Erika Chamberlain 20. Unjust Enrichment, Rights and Value Ben McFarlane 21. Rights and Value in Rescission: Some Implications for Unjust Enrichment Elise Bant

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