Law: Human rights and civil liberties Books

This book provides insight on the effect of political violence and transitional justice in Africa focusing on Zimbabwe and comparing it to Rwanda, Uganda and Mozambique. The case of Zimbabwe is unique since political violence observed in some areas has manifested as contestations for power between members of various political parties. These political contestations have infiltrated family/clan structures at the community level and destroyed the human and social relations of people. Also, the author examines an understanding of how communities in the most polarized and conflict-ridden areas in Africa are addressing their past. The project would appeal to graduate students, academics, researchers and practitioners as it will help them to understand African justice systems and the complex network of relationships shaping justice processes during transitions.

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Book SynopsisWhile the supervision of the European Court of Human Rights constantly grows in importance, little is known about the people, especially the judges, inside the Court. To what extent are human rights sensitive to different traditions and is their work burdened through the plurality of legal, historical-political or vocational experiences among the judges? Looking at the first three years of permanent operation of the Court, this book suggests that it is the legal culture that brings the judges together. Based on interviews, field study observations and an analysis of case law, this book takes a novel approach on European human rights law and provides researchers and practitioners with an important basis for a full understanding of the Strasbourg case law.

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Book SynopsisRussia and European Human-Rights Law critically examines Russia's experiences as part of the European human righs protection system since its admittance in 1998. The authors combine legal and constructivist international relations theory perspectives in this study of Russia's practice and rhetoric in the Council of Europe and before the European Court of Human Rights.Trade Review"Readers will benefit from this generous supervisor’s volume with his students...The chapters are richly footnoted and developed..." -Jeffrey Kahn, Southern Methodist UniversityTable of ContentsPreface, Lauri Mälksoo Foreword, Angelika Nussberger Introduction, Lauri Mälksoo The Human-Rights Concept of the Russian Orthodox Church and its Patriarch Kirill I: A Critical Appraisal, Lauri Mälksoo Culture Re-introduced: Contestation of Human Rights in Contemporary Russia, Petr Preclik Tilting at Windmills? The European Response to Violations of Media Freedom in Russia, Dorothea Schönfeld Orthodox Pluralism: Controus of Freedom of Religion in the Russian Federation and Strasbourg Jurisprudence, Dara Hallinan Assessing Human Rights in Russia: Not to Miss the Forest for the Trees. A Response to Preclik, Schönfeld and Hallinan, Valdislav Starzhenetskii Concluding Observations. Russian and European Human-Rights Law: Margins of the Margin of Appreciation, Lauri Mälksoo List of Contributors Index

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Book SynopsisRe-understanding the Child’s Right to Identity - On belonging, Responsiveness and Hope, by Ya'ir Ronen offers an innovative understanding of the right to identity aiming to transform its meaning and thus its protection. Drawing on sources from different disciplines, including law, theology, philosophy, psychology and social work, the author offers a vision of social and legal change in which law is a healing force. In it, policies and practice protect children's sense of belonging recognizing human interdependence. They dignify children's disempowered narratives through their responsiveness, protect children's need to be authentic beings and nourish the hope for change and growth in children at risk and their familiesTable of ContentsExcerpt of Table of Contents Permissions; Acknowledgements; Forward; Prologue; Chapter 1: Re-understanding the Right to Identity as a Right to Belonging I. Introduction; II. The rationale for re-understanding the right to Identity; III. International law; IV. Identity in two cases; V. Conclusion; Chapter 2: Responsiveness to Children and Law’s Healing Power I.Introduction; II. Responsiveness to children's suffering, Therapeutic Jurisprudence and the path blazed by Emmanuel Levinas; III. Is there a cure to the universal phenomenon of denying children's suffering?; IV. How can protecting children actualize democracy's unique potential?; V. What should be the principal aim of state action on behalf of the suffering child?; VI. How can we respond to the child's suffering through The Best Interests Principle?; VII. More on responding to the child's experience in a multicultural society; VIII. Conclusion; Chapter 3: Children’s Identity, Constructing Memory through Law and Its Responsiveness to Children I. Introduction; II. Alienation, children's experience and doctrinal thinking; III. Self-constructing identity and remembering as dynamic processes; IV. Authoring Memory through law and the Challenge of Psychological Mindedness; V. Struggling over Memory; VI. Protecting the Family Lives of Children from Disadvantaged Homes; VII. Conclusion; Chapter 4: The Child’s Right to be Oneself I. Introduction; II. Neglect of the need 'to be' and a preoccupation with material progress; III. Protecting the child‘s need to be a spiritually authentic being; IV. Postmodernism and the need to be one‘s self within a committed family that offers the child values; Chapter 5 The Courage to Hope and Protecting Children’s Sense of Belonging: The Case of Child Protection I. Introduction; II. On skepticism and reality; III. On social responsibility and the public response to children at risk and their families ; IV. Conclusion. Index

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Book SynopsisThis unique collection offers a survey of legal and legislative means to combat racism, xenophobia, anti-semitism and other forms of related intolerance. Its aim is threefold: 1) to provide a legal model for fighting racism, xenophobia, anti-semitism and discrimination through domestic legislation; 2) to compare existing national legislation with international legal instruments designed to combat racial and other forms of discrimination, in order to bring domestic laws into line with international legal norms; 3) to provide a tool for researchers, legislators, human rights activists and all those who work to protect the rights of minorities and victims of incitement and discrimination, as well as for domestic and international institutions, which monitor compliance with these laws. The survey thus constitutes a major contribution to the study of racism and anti-semitism because it demonstrates how these phenomena can be fought through the medium of the law. Each volume consists of two sections: the first, containing international conventions; the second, and main section, containing current constitutional law, specific legislation and ratification of international conventions in (over 200) individual states. Volume 1 deals with Europe; Volume 2 with the Americas; Volume 3 with Africa and Volume 4 with Asia and the South Pacific.Table of ContentsIntroduction; Albania; Andorra; Armenia; Austria; Azerbaijan; Belarus; Belgium; Bosnia and Herzegovina; Bulgaria; Croatia; Cyprus; Czech Republic; Denmark; Estonia; Finland; France; Georgia; Germany; Greece; Holy See (Vatican City); Hungary; Iceland; Ireland (Republic of); Italy; Kosovo; Latvia; Liechtenstein; Lithuania; Luxembourg; Macedonia, The Former Yugoslav Republic of; Malta; Moldova; Monaco; Montenegro; The Netherlands; Norway; Poland; Portugal; Romania; Russian Federation; San Marino; Serbia; Slovakia; Slovenia; Spain; Sweden; Switzerland; Turkey; United Kingdom; Ukraine; International Documents; European Documents; Tables – Ratification Status of International & European treaties.

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Book SynopsisLegislating for Equality – a Multinational Collection of Non-Discrimination Norms is a compilation of national constitutional provisions and laws on non-discrimination and the promotion of equality. The aim of the book, divided into four volumes, is to provide a comprehensive overview of the legal frameworks of all UN Member States on matters relating to discrimination on the basis of race, religion and ethnicity, prohibition of hate crimes and "hate speech". Each volume also includes relevant international and regional treaties and ratification tables. The first volume on Europe was published in August 2012. The second volume on the Americas was published in 2013. In this third volume, we turn our attention to the African continent.Table of ContentsForeword by Director-General of UNESCO, Irina Bokova; Introduction; Algeria; Angola; Benin; Botswana; Burkina Faso; Burundi; Cameroon; Cabo Verde; Central African Republic; Chad; Comoros; Congo, Democratic Republic of Congo, Republic of Cote D'Ivoire; Djibouti; Egypt; Equatorial Guinea; Eritrea; Ethiopia; Gabon; Gambia; Ghana; Guinea, Republic of Guinea-Bissau; Kenya; Lesotho; Liberia; Libya; Madagascar; Malawi; Mali; Mauritania; Mauritius; Morocco; Mozambique; Namibia; Niger; Nigeria; Rwanda; Sao Tome and Principe; Senegal; Seychelles; Sierra Leone; Somalia; South Africa; South Sudan; Sudan; Swaziland; Tanzania; Togo; Tunisia; Uganda; Zambia; Zimbabwe; International Documents; Regional Documents; Tables – Ratification Status of treaties.

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Book SynopsisIn this work Moritz Jesse analyses the legal framework within which inclusion of immigrants into the receiving societies can take place. The inclusion of immigrants cannot be enforced by law. However, legislation must provide the room within which integration can take place legally. By studying residence titles, procedures and other sources in a comparative and critical way, Jesse wants to discover whether the legal potential for integration in the EU and the three Member States is sufficient for the inclusion of immigrants.Table of ContentsAcknowledgments List of Tables and Figure 1 Immigrant Integration as a Historic Challenge 1.1 Immigrant Integration as a Historic Challenge 1.2 Objective, Hypothesis, Methodology & Structure of This Book 2 Immigrant Integration and Civic Citizenship 2.1 A Legal Definition of Immigrant Integration 2.2 A Legal Definition of Civic Citizenship 2.3 Dimensions of Citizenship and Immigrant Integration 3 Immigration Facts and Immigration Governance in the Case Studies 3.1 Immigration and Integration in Numbers 3.2 Migration History, Current Situation and Discourse in the Case Studies 3.3 Locating Rights and Competences for Migration 3.4 Available Residence Permits in EU and National Legislation 4 Common Rules and Non-discrimination 4.1 Acquisition of Residence Titles 4.2 Losing Residence Titles 4.3 Enjoying Residence (Titles): Equal Treatment and Non-discrimination 5 Employment and Occupation 5.1 Categories, Markers, and Applicable Legislation 5.2 Citizens of the Union 5.3 Turkish Nationals 5.4 Non-economic Immigrants from Third Countries 5.5 Economic Immigrants from Third Countries 5.6 Conclusions: Employment and Occupation 6 Researchers and Students 6.1 Researchers 6.2 Students 6.3 Conclusions: Researchers and Students 7 Family Life 7.1 Applicable Legislation 7.2 The Right to Family Life under Article 8 ECHR and Article 7 Charter 7.3 EU Law 7.4 National Legislation 7.5 Conclusions: Similar but Distinguishable Rights to Family Life 8 Permanent Residence Permits 8.1 EU Law 8.2 National Legislation 8.3 Conclusions: Permanent Residence Statuses 9 The (Legal) Value of Integration Measures 9.1 Mandatory Civic Integration Measures and Integration Conditions 9.2 Other EU Immigrant Integration Measures and Initiatives 9.3 Conclusions: Nature and Purpose of Integration Trajectories 10 Conclusions: Immigrant Integration and Civic Citizenship 10.1 The Legal Potential for Integration 10.2 Civic Citizenship for Third-Country Nationals in the European Union 10.3 (Guessing) Future Developments 10.4 Concluding Remarks Bibliography; Index.

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Book SynopsisTo which extent is it legitimate, in view of freedom of conscience and religion, to sanction individuals for refusing to take part in an activity they claim to be incompatible with their moral or religious convictions? To answer this question, this study first clarifies some of the concepts of conscientious objection. Then it examines the case law of international bodies and draws distinctions in order to differentiate several types of objections, hence identifying the evaluation criteria applicable to the respect that each one deserves. Finally, this study proposes indications as to the rights and obligations of the State in front of those different types of objections.

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Book SynopsisHuman history is marked by group and individual struggles for emancipation, equality and self-expression. This first volume in the Brill Research Perspectives in Comparative Discrimination Law briefly explores some of the history underlying these efforts in the field of discrimination law. A broad discussion of the historical development of issues of discrimination is first set out, looking at certain international, regional and national bases for modern discrimination legal structures. Several of the theoretical frameworks invoked in a comparative discrimination law analysis are then addressed, either as institutional frameworks or theories addressing specific protection grounds. This first volume is dedicated to setting out an introduction to the field of comparative discrimination law to give the reader a platform from which to undertake further reading and research in the compelling topic of comparative discrimination law.Table of ContentsContents Preface Abbreviations Comparative Discrimination Law: Historical and Theoretical Frameworks  Laura Carlson  Introduction: Comparative Discrimination Law  Part 1: Modern International Historical Developments as to Discrimination Issues  Part 2: The Europeanisation of Discrimination Protections  Part 3: Regional Human Rights Instruments and Discrimination Protections  Part 4: National Discrimination Legal Frameworks—The United States  Part 5: National Discrimination Legal Frameworks—The United Kingdom  Part 6: National Discrimination Legal Frameworks—Sweden  Part 7: Institutional and Theoretical Frameworks  Appendix 1  Reading List

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Book SynopsisIn Self-determination and Minority Rights in China, Linzhu Wang examines the rights of China’s minorities from the perspective of self-determination. The book offers an insight into the ethnic issues in contemporary China, by examining the principle of self-determination in shaping China’s ethnic grouping and appraising the rights of the minorities and their limits. Based on a comprehensive survey of the practice of self-determination in the Chinese context and the Regional Ethnic Autonomy regime, the author seeks to answer the questions of how the ethnic policies and laws have come to be, why they are problematic, and what can be done to promote minority rights in China.Table of ContentsIntroduction  1 Aims and Scope  2 Methodology  3 An Outline of the Book PART 1 Self-determinaion in the Chinese Context 1 The Nation of China  1.1 Pre-modern Chinese Identity  1.2 The Nation of China   1.2.1 Sun Yat-sen and the Nationalism of the Nationalist Party    (1) The Republican Era    (2) The Nationalist Definition of the Chinese Nation   1.2.2 The Communist Nationalism    (1) The Peasant Nationalism    (2) The Communist Nation Building: 1949–1978    (3) The Communist Nation Building: 1978 Onwards   1.2.3 The Nation of China  1.3 Sovereignty: China’s Perspective    (1) The Imperial Understanding of Sovereignty    (2) The Modern Concept of Chinese Sovereignty  1.4 Concluding Remarks 2 China and the Political Principle of Self-determination  2.1 National Self-determination at the Peace Conference of Paris and the Shandong (Shantung) Issue   2.1.1 Conflict in the Former Yugoslavia   2.1.2 Japanese and Chinese Positions   2.1.3 Consequences of the Conference  2.2 Lenin’s Theory of Self-determination and Its Influences upon China   2.2.1 The Nationalist Self-determination   2.2.2 The Cpc and Soviet Self-determination    (1) The Pre-Long March Period (1921–1934)    (2) The Long March Period (1934–1936)    (3) The Anti-Japanese War (1937–1945)    (4) The Civil War (1946–1949)  2.3 Concluding Remarks 3 The Right to Self-determination in the Chinese Context  3.1 An Overview of the Right to Self-determination in International Law   3.1.1 Colonial Self-determination   3.1.2 Self-determination in the Post-colonial Era    (1) Remedial Secession    (2) The Right to Self-determination in the Human Rights Context  3.2 The Question of Tibet   3.2.1 The Background   3.2.2 Resolution 1353 (1959)   3.2.3 Resolution 1723 (1961)   3.2.4 Resolution 2079 (1965)  3.3 Self-determination in the Situation of Hong Kong and Macau   3.3.1 Hong Kong    (1) The Origin of the Issue    (2) Hong Kong as a Non-self-governing Territory    (3) An Exception to the Colonial Self-determination   3.3.2 Macau  3.4 China’s Approach to the Right to Self-determination   3.4.1 Autonomy as a Means of Exercising Internal Self-determination    (1) One Country Two Systems    (2) Ethnic Territorial Autonomy PART 2 Minority Rights in China 4 The Regional Ethnic Autonomy Regime  4.1 Regions in the REA   4.1.1 Historical Factors   4.1.2 The Size of Population   4.1.3 Other Factors  4.2 Autonomous Agencies   4.2.1 The Local People’s Congress and Local People’s Government   4.2.2 Minority Representation in Autonomous Agencies    (1) Minorities in the People’s Congress and Its Standing Committee    (2) Minority Representation in the LPG    (3) Political Reality of Minority Representation  4.3 The Definition of Minorities   4.3.1 The Ethnic Identification Project   4.3.2 Problems of the Ethnic Identification Project   4.3.3 International Obligations of China in Relation to Minority Recognition    (1) ICESCR    (2) ICERD  4.4 The Definition of Indigenous Peoples and Indigenous Situation in China   4.4.1 Criteria for Identifying Indigenous Peoples in International Law    (1) Defining “Indigenous”    (2) The Meaning of “Peoples”    (3) The Definition Advocated by China   4.4.2 The Applicability of the Concept of Indigenous Rights in China    (1) The Ilo Convention 169    (2) The African Interpretation   4.4.3 Indigenous Peoples in Taiwan   4.4.4 Indigenous Small-numbered Peoples in Russia    (1) The Ewenki Groups    (2) The Hezhe Group    (3) The Tuvinians  4.5 Concluding Remarks 5 Autonomous Rights under the rea: Legislative and Financial Rights  5.1 Legislative Power of Autonomous Agencies   5.1.1 Legislative Power   5.1.2 Adaptation Power   5.1.3 Adaptive Implementation Power  5.2 Autonomous Financial Power   5.2.1 Financial Rights of Autonomous Regions    (1) The Local Government’s Own Revenue—Tax income    (2) The Local Government’s Own Revenue—Intergovernmental Transfers    (3) The Tax Refund    (4) The General Financial Transfer    (5) The Special Fund   5.2.2 Financial Autonomy of Sub- provincial Autonomous Units  5.3 Concluding Remarks 6 The Cultural Rights of the Minorities  6.1 China’s International Obligations Concerning Minority Rights   6.1.1 Commitments Under The ICESCR   6.1.2 State Obligations under the ICCPR   6.1.3 State Obligations under the ICERD  6.2 The Rights of the Minorities to Culture under Chinese Law   6.2.1 Freedom of Religious Belief    (1) Religious Freedom before the 1980s    (2) Religious Freedom in Contemporary China     Institutional Religions     Minority Belief Systems   6.2.2 The Language Rights of the Minorities    (1) Linguistic Planning for the Minorities before the 1980s     The Situation of Minority Languages     Minority Writing Systems    (2) Language Policy in the New Era     Legal Provisions on Minority Languages     Language Use in Public Service     Language Use in Education     Language Use in Business and Other Aspects  6.3 Concluding Remarks  Conclusion  1 China’s Practice of Self- determination and Minority Rights  2 Prospects for Ethnic Territorial Autonomy in China References

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Book SynopsisIn this monograph, Aistė Mickonytė examines the compliance of the European anti-cartel enforcement procedure with the presumption of innocence under Article 6(2) of the European Convention on Human Rights (ECHR). The author maintains that the pursuit of manifestly severe punishment with insistence of the European Commission on administrative-level procedural safeguards is inconsistent with the robust standards of protection under the Convention. Arguing that EU anti-cartel procedure is criminal within the meaning of the Convention, this work considers this procedure in light of the core elements of the presumption of innocence such as the burden of proof and the principle of fault. The author zeroes in on the de facto automatic liability of parental companies for offences committed by their subsidiaries.Trade Review'The book undoubtedly highlights the importance of the presumption of innocence in the debate on the acceptability of the EU level doctrine of parental liability for antitrustviolations,and for that its author should be applauded.' Peter Whelan, Common Market Law Review Volume 57, Issue 3 (2020) pp. 958 – 960.

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Book SynopsisThis collective volume examines how EU citizenship reconstructs in unexpected ways what citizenship as a status means and stands for. EU citizenship can neither be accurately described as a citizenship status similar to national citizenship, nor as an immigration one. The book examines the tension at the heart of attempts to grasp the nature of EU citizenship as supranational status in relation to family reunification, social rights and expulsion. It shows that while events such as Brexit stress the importance of EU citizenship, the construction of supranational citizenship along the axis of non-discrimination and equality remains a work in progress that requires the efforts of all actors involved - institutions, implementing authorities, courts and citizens.Table of Contents  About the Authors  1 Introduction Part 1: EU Citizens and Their Family Members  2 Who Wants to Be an EU Citizen?    Elspeth Guild  3 The Fundamental Status of Minor Union Citizens and the Best Interests of the Child    Annette Schrauwen  4 The Court of Justice of the European Union, EU Citizenship and Residence Rights of Third Country National Family Members: An Ongoing Struggle    Chiara Berneri  5 Spanish Experiences with the Mobility of EU/EEA Citizens and Their Family Members: Opening the “Black Box”?    Emiliano García Coso Part 2: The Convoluted Issue of Equality  6 The Judgments of Brey, Dano and Alimanovic: A Case of Derogation or a Need to Solve the Riddle?    Johannes Peyrl  7 Mobile EU Citizens and the “Unreasonable Burden”: How EU Member States Deal with Residence Rights at the Street Level    Anita Heindlmaier  8 Expulsion from the “Heart of Europe”: The Belgian Law and Practice Relating to the Termination of EU Residence Rights    Anthony Valcke  9 EU Citizenship as Precarious Status for Precarious Workers: Implications of National Policies Restricting EU Citizens’ Rights for Young University-Educated EU Migrants in Brussels    Anna Simola  10 “We Should Call Them Our Friends” – Negotiations on Welfare and Social Security Entitlements for Displaced EU Citizens in Sweden    Sara Nyhlén Part 3: EU Citizenship and Restrictive Practices  11 A Contingent Citizenship – Union Citizenship and Expulsion    Stephen Coutts  12 European States Returning European Citizens: France and the Roma Populations    Marie-Laure Basilien-Gainche  13 Reversed Free Movement    Cristina Juverdeanu  14 Abusing or Misusing the Right of Free Movement? The UK’s Policy towards EU Nationals Sleeping Rough    Matthew Evans  15 “A Matter for the Minister”?: Removal and Exclusion Orders in Irish Law    Patricia Brazil Part 4: EU Citizenship beyond Free Movement  16 The Promised Land of Milk and Honey? From EU Citizens to Third-Country Nationals after Brexit    Eglé Dagilyté  17 The Dark Side of Free Movement: When Individual and Social Interests Clash    Iris Goldner Lang and Maroje Lang  18 EU Citizenship and EU Territory: Unsettling the National, Embedding the Supranational    Sandra Mantu   Index

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