Law: Human rights and civil liberties Books

Book SynopsisAnalyzes the role of Jews in the formation of international human rights efforts throughout the US, Israel, and the Former Soviet Union. This work examines this human rights work as part of a total system of Jewish political commitments, a system shaped by both human rights history and Jewish history.Trade ReviewThis clear-eyed and comprehensive history of the significant Jewish involvement in international human rights breaks new scholarly ground. Galchinsky carefully delineates how external and internal pressures have shaped and transformed Jewish human rights agendas in Israel and on the worldwide stage. -- Judith R. Baskin, University of OregonMichael Galchinsky has given us an intricate picture of the personalities, politics, and practices that make up Jewish human rights activities in the contemporary world. He presents a nuanced view of the post-modern struggle to articulate a Jewish approach to human rights that is pulled in a variety of directions by often opposing forces. -- Peter J. Haas, Case Western Reserve UniversityThis book offers an original analysis of the crucial role that Jews have played in the rise of modern international human rights movements. It is strongest in its ability to understand the tensions that Jewish human rights activists face in trying to foster global human rights and human rights in Israel in the face of a pronounced bias against Israel in the so-called 'international human rights community.' A major contribution to the sociology of human rights in the modern worldddd -- Thomas Cushman, Wellesley CollegeThis is an important work. In his meticulous examination of three major instances of Jewish and Israeli human rights advocacy since World War II, Michael Galchinsky has elucidated the political and practical limits of this activism as well as the undoubted accomplishments. Highly recommended for students of contemporary history as well as for the general reader. -- Carole Fink, The Ohio State UniversityMichael Galchinsky's boundary-shattering analysis in Jews and Human Rights looks at all of the roles in the evolving world of 'human rights' assumed by Jews—Jews as victims and claimants, as organizers and theoreticians, as activists and critics. Galchinsky explores this complex and often contradictory and controversial relationship in a way to merge legal, cultural, and intellectual history into a readable narrative of the history of the Jews in the modern world. A brilliant book! -- Sander L. Gilman, Emory UniversityThis book offers an original analysis of the crucial role that Jews have played in the rise of modern international human rights movements. It is strongest in its ability to understand the tensions that Jewish human rights activists face in trying to foster global human rights and human rights in Israel in the face of a pronounced bias against Israel in the so-called 'international human rights community.' A major contribution to the sociology of human rights in the modern world -- Thomas Cushman, Wellesley CollegeThis is an important, timely and well-researched scholarly work. It presents a unique perspective of looking at the issue of human rights from the particular to the universal in the global age. An essential work for understanding the inter-related issues of human rights, Jewish activists, and Israel. -- Fred A. Lazin, Ben Gurion University of the Negev, IsraelThis book is informative and readable. Recommended. * CHOICE *More studies are needed that take what we know of complex transnational Jewish identities and examine their rich relationships with the state, including intergovernmental organizations such as the United Nations. In Dancing at Three Weddings, Michael Galchinsky marries the two. While many traditional histories examine genocide in graphic detail, Galchinsky's contribution is a catalog of the motivations and responses by a diverse community of Jews to deal with postwar tragedies. * American Jewish History *Since World War II, Jews, working alone or through NGOs, have been active in the international human rights movement. While many books have been written on the biblical and rabbinic context for Jewish involvement in social action, Galchinsky focuses instead on sociological and political motvies. The book includes extensive notes, bibliography, and index. Recommended for academic libraries. * AJL Newsletter, November/December 2009 *Table of ContentsChapter 1 Building Human Rights Chapter 2 Freeing Soviet Jews—and After Chapter 3 Jewish Responses to Non-Jewish Genocides Chapter 4 American Jews and Violations in Zion: A Case Study Chapter 5 Israeli, Jewish, Human Chapter 6 Appendix A: Genocides and Other Mass Killings Chapter 7 Appendix B: Israel's Adoption of Major Human Rights Treaties Chapter 8 Appendix C: Glossary of Abbreviations

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Book SynopsisDo national authorities implement Court judgments and what is their impact on national laws, policies and practices? How and why do different and less privileged social actors mobilise the human rights norms contained in the Convention and in the Court's case law? This title deals with these questions.

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Book SynopsisSince the turn of the millennium, the European Court of Human Rights has been the transnational setting for a European-wide 'rights revolution'. This book considers the domestic implementation of ECtHR judgments, and their impact upon national laws, policies and institutions.

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Book SynopsisIf constitutional legitimacy is based on violence, what does this mean for democracy?Almost every state in the world has a written constitution and, for the great majority, the constitution is the law that controls the organs of the state. But is a constitution the best device to rule a country?Western political systems tend to be ''constitutional democracies'', dividing the system into a domain of politics, where the people rule, and a domain of law, set aside for a trained elite. Legal, political and constitutional practices demonstrate that constitutionalism and democracy seem to be irreconcilable. Antoni Abat i Ninet strives to resolve these apparently exclusive public and legal sovereignties, using their various avatars across the globe as case studies. He challenges the American constitutional experience that has dominated western constitutional thought as a quasi-religious doctrine. And he argues that human rights and democracy must strive to deactivate the ''invisible'' but very real violence embedded in our seemingly sacrosanct constitutions.

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Book SynopsisA comparative investigation into the revolution in private law in the era of human rightsTable of ContentsPreface; Contributor List; Chapter 1: Introduction, Elspeth Reid and Daniel Visser; Chapter 2: Private Law in the Age of Rights, Francois Du Bois; Chapter 3: The Politics of Private Law: Sexual Minority Freedom in South Africa and Scotland, Jaco Barnard-Naude; Chapter 4: Child Law: Respecting the Rights of Children, Elaine E Sutherland; Chapter 5: Property Deprivation of an Absentee in Emulation of the Laws of Succession: The Laws of Scotland and South Africa Compared, Roderick R M Paisley; Chapter 6: The Right to Personal Security, Anton Fagan; Chapter 7: Privacy, F D J Brand; Chapter 8: Defamation and Freedom of Expression, Jonathan Burchell; Chapter 9: Strict Liability, Max Loubser; Chapter 10: Liability of Public Authorities and Public Officials, John Blackie; Chapter 11: Nuisance, Hanri Mostert; Chapter 12: Contract Law and Human Rights, Peter Webster; Chapter 13: Principles, Policy and Practice: Human Rights and the Law of Contract, Sheldon Laing and Daniel Visser; Chapter 14: Juristic Persons and Fundamental Rights, Ross Gilbert Anderson; Chapter 15: Examining the Labour Law & Social Dimension of Human Rights: The UK & South Africa, David Cabrelli; Chapter 16: Rights in Security, Andrew J M Steven; Chapter 17: Access to credit, the law of suretyship and unfair suretyships, J T Pretorius; Chapter 18: The Human Right of Property in Land Law: Comparing South Africa and Scotland David Carey Miller; Chapter 19: The Margin of Appreciation Doctrine of the European Court of Human Rights: Protection of Ownership and the Right to a Home; J M Milo; Chapter 20: Environment and Human Rights: The Right to Water in South Africa and Scotland, Loretta Feris and John Gibson.

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Book SynopsisThis manual outlines the safeguards that exist in international law to protect people against torture, and gives examples of successful campaigning techniques to put an end to torture. It covers the human rights standards that apply at every stage from arrest and detention to trial and imprisonment.Table of ContentsContents* Foreword by Juan Mendez, UN Special Rapporteur on Torture.* Chapter 1 outlines the key events in international efforts to tackle torture and other ill-treatment worldwide and main activities by Amnesty International to combat these forms of abuse over the years. It also introduces the main international and regional bodies and mechanisms concerned with torture and other ill-treatment. It explains why there is a continuing need for robust action globally to tackle torture and other ill-treatment.* Chapter 2 explains the nature and scope of the absolute prohibition of torture and other ill-treatment under international law. It details the numerous international and regional standards that have emerged to prohibit these forms of abuse, as well as the definitions of torture and other ill-treatment that exist. It considers specific forms of torture and other ill-treatment such as the death penalty, judicial and administrative corporal punishment. It looks at issues of particular concern such as gender-based violence and the link between discrimination, poverty, torture and other ill-treatment. It considers the issue of when non-state (private) actors violate the prohibition of torture and other ill-treatment. * Chapter 3 sets out the numerous safeguards under international law and standards which have been developed to protect and prevent people deprived of their liberty from being tortured and otherwise ill-treated. It looks not only at safeguards for people detained within the context of the criminal justice system but also other forms of deprivation of liberty such as administrative detention, detention on immigration grounds or due to mental health issues, as well as detention during times of armed conflict. It considers the use of force in law enforcement, as well as torture and other ill-treatment within law enforcement, military and security services. * Chapter 4 examines the right of persons deprived of their liberty to be treated with humanity and with respect for the inherent dignity of the human person. It details the numerous international standards relating to conditions of detention and the measures that need to be taken to provide humane conditions. It looks at both the physical and psychological aspects of the treatment of detainees, including the standards and procedures concerning discipline and security. * Chapter 5 considers the obligation of states to prevent torture and other ill-treatment. It examines the role of international, regional and national mechanisms that have been established to promote, ensure and enforce the prevention of torture and other ill-treatment. It also emphasizes the important role that national actors such as national human rights institutions, national preventive mechanisms, non-governmental organizations, faith-based organizations, the judiciary, lawyers and health professionals can play in preventing these forms of abuse. * Chapter 6 looks at efforts to hold states and individuals accountable for acts of torture and other ill-treatment under international law. It sets out the obligations for states to investigate allegations, bring those responsible to justice and provide reparation treatment to victims. It also considers the role played by the UN, regional treaty bodies and human rights courts when no national efforts are made to bring perpetrators to account, or when national efforts fail. Lastly it looks at the role of the International Criminal Court and ad hoc international and internationalized criminal tribunals in holding individuals accountable for acts of torture and other ill-treatment* Chapter 7 suggests forms of action to combat torture and other ill-treatment. It draws upon a range of strategies and actions taken by Amnesty International and other human rights defenders working towards a world without torture and ill-treatment.

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Book SynopsisTried and Convicted offers a controversial look at how our constitutional rights are often circumvented by the criminal justice system with impunity. Readers interested in personal liberties and rights will be intrigued by the ways in which those rights may be trampled should they enter the criminal justice system on the criminal end.Trade ReviewIn this book, Michael D. Cicchina, a Wisconsin criminal defense attorney, argues quite convincingly that fundamental constitutional liberties are under attack by criminal justice practitioners. ... The author also makes a convincing argument that the right to privacy is a soft law that is routinely violated by governmental agents. ... This book is very eye opening and should be read by anyone who is interested in pursuing a career in law enforcement. It is a concise and well-written work that would make excellent supplemental reading material for virtually any undergraduate or graduate level course related to criminal law or criminal procedure. I strongly recommend this book. Once I opened it, I literally could not stop reading. * International Criminal Justice Review *Cicchini puts the police, prosecutors and judges on trial—a highly entertaining turn of events! -- Terry Rose, Rose & Rose Law Firm, Senior Partner, Rose & Rose Law Firm, “A” rated by Martindale-Hubbell, the nation’s leading law directory, Named “Lawyer of the Year” by the ACLU of Wisconsin (1991)In the contrarian spirit of political journalist Christopher Hitchens, Cicchini destroys the prevailing media-driven views on American justice. -- Jay McRoy, Ph.D., professor and chair of English at the University of Wisconsin–Parkside, author, Nightmare Japan and coeditor, Monstrous AdaptationsTried and Convicted brilliantly demonstrates why our constitutional rights are often not what they seem. Michael Cicchini has written a book that can instantly be understood by non-lawyers, but contains much that even practicing lawyers don't know. So you think you know your rights? Wait until you read this. -- Matthew Flynn, senior partner, Quarles & Brady LLP; author, Pryme KnumberHyperbole notwithstanding, Tried and Convicted may be the most insightful, raw, and unvarnished look into the criminal justice system, short of being charged with a crime. -- Amy B. Kushner, Ph.D., coauthor, But They Didn’t Read Me My Rights!, contributing author, 101 Gangster Movies and 101 War MoviesTable of ContentsDisclaimer Introduction 1 “How the Hell Did I Wind Up Here?” 2 The Nature of Constitutional Rights 3 “How Can You Defend Those People?” 4 Self-Incrimination: You (Sort of) Have the Right to Remain Silent 5 Privacy: You Have the Right to Be Secure in Your Home (Unless We Really Want to Come In) 6 Confrontation: You (Might) Have the Right to Cross-examine Your Accuser 7 Taking a Step Back: Some Procedural Basics 8 You Have the Right to a Speedy Trial 9 A Fair and Impartial Jury of Your Peers? 10 Judicial Bias: A Fair Trial in a Fair Tribunal? 11 Prosecutor Misconduct and the “Harmless Error” 12 Plea Bargaining: A Deal Is (Not) a Deal 13 Sentencing: Let the Punishment Exceed the Crime 14 You Have the Right to the Effective Assistance of Counsel 15 Moving Forward Further Reading About the Author

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Book SynopsisWhat is human trafficking? This volume critically examines the competing discourses surrounding human trafficking, the conceptual basis of global responses and the impact of these horrific acts worldwide.

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Book SynopsisProvides a socio-legal analysis of cultural norms and the right to conscientious objection in Turkey

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Book SynopsisHow do courts reconcile protecting family life with immigration control in human rights cases? This book addresses that question through an analysis of 11 UK Supreme Court decisions on immigration and family life, mostly focusing on Article 8 ECHR, the right to respect for family life, and starting with Huang v SSHD in 2007. The analysis is set against a national context that includes the Human Rights Act 1998 and regular controversies over immigration. The book explains how the European Court of Human Rights jurisprudence has developed in recent years, but, particularly in the absence of children, it often still awards little weight to claims by citizens and residents to be joined by family when immigration status is an issue. This reflects governments’ resistance to encroachment on their control over borders. The Supreme Court decisions show that, despite powers conferred by the Human Rights Act, a more nuanced position in domestic law was difficult to articulate and sustain. The book explores the way in which these problems were reflected in the changing language, argumentation, and structure of judgments. These problems revealed judges to be strategic actors drawing on personal and institutional values and responding to the shifting political context. A more generous reading of Article 8 would be legally coherent but needs wider societal support to be realisable. The book ends with a discussion of how, if such support were present, the jurisprudence could give more weight to the needs of families. It is vital reading for anyone interested in families and immigration, and in the problems and potential of human rights adjudication.Table of Contents1. Introduction: Family Reunification, Human Rights and Judges I. About the Book II. Chapter Outline III. Family Reunification IV. Human Rights and Family Life V. Judges VI. Methodology 2. Introduction to the UK’s Constitutional, Court and Immigration System I. Introduction II. The UK’s Legal and Constitutional Framework III. The Human Rights Act 1998 IV. Regulating Family Reunification in the UK V. The Immigration Control Framework in the UK VI. Appeals and the Court System VII. Conclusion 3. The European Court of Human Rights: Strait is the Gate I. Introduction II. Why is Family Reunification and Article 8 So Problematic? III. Article 8(1): Family Life IV. Article 8(2) Proportionality 1: Immigration Controls, Positive Obligations and the Margin of Appreciation V. Article 8(2) Proportionality 2: Fair Balance VI. Conclusion 4. Huang: Breathing Life into Article 8 I. Introduction II. The Immigration Battleground III. A Sense of Judicial Purpose IV. The Legal Problem Addressed by Huang V. The Legal Findings in Huang VI. ‘Human Beings are Social Animals’ VII. The Aftermath of Huang VIII. The Signifi cance of Huang and its Limits IX. Conclusion 5. ‘Good News from on High’: The First Post-Huang Phase I. Introduction II. Beoku-Betts: Including All the Family III. Chikwamba: Applying In-Country or Abroad IV. EB (Kosovo): Delay, Proportionality and Reinforcing Huang V. Reflections on the First Phase Decisions VI. Conclusion 6. Still Family First: The Second Post-Huang Phase I. Introduction II. Baiai: The Right to Marry III. Mahad: Third Party Support IV. ZH (Tanzania): The Best Interests of Children V. Quila: Forced Marriage and the Minimum Age for Sponsorship or Entry VI. A Complex Relationship with Article 8 VII. Conclusion 7. The Supreme Court Rolls Back: The Third Post-Huang Phase I. Introduction II. A New Background III. Ali and Bibi: Pre-entry Language Testing 0 IV. MM (Lebanon): The Minimum Income Requirement V. Agyarko: Regularisation and Precariousness VI. Reflections on the Third Phase Decisions VII. Reflections on Huang and the Three Phases VIII. Conclusion 8. A Better Article 8 is Possible I. Introduction II. Why Human Rights? III. Stick or Twist? The Case for Treating Family Reunification as a Positive Obligation IV. Family Life Beyond the ‘Core’ Family V. The Public Interest 1: The ‘General Interest’ and Family Life VI. The Public Interest 2: Immigration Control VII. Precarious Residence and Exceptionality VIII. Sponsors and Citizenship IX. Family Life and Immigration: The New Approach in Practice X. Conclusion 9. Concluding Remarks I. Introduction II. The Impact of Article 8 on Immigration Policy III. The Supreme Court as a Moral and Political Actor IV. A Coherent Legal Interpretation of Article 8 V. Final Words: Making Family Matter

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Book SynopsisThis monograph investigates the International, European and Commonwealth Caribbean approaches to human trafficking from an Analytical Eclectic perspective. It presents a compelling, empirically based argument that although there is currently a panoply of measures aimed at preventing human trafficking, prosecuting offenders and protecting trafficked victims in both Europe and the Commonwealth Caribbean, these measures have in practice been fraught with a number of challenges, whether of a normative, institutional or individual nature. The continued existence of these challenges strongly suggests that there exists a ‘disconnect’ between anti-trafficking law and practice which is not peculiar to small-island developing States since they also extend to developed States, including the United Kingdom. Although these challenges are not insurmountable, this monograph advances the argument that sustained social, economic, political and legal commitments are both necessary and desirable, and that without such commitments, only pyrrhic victories would be won in the fight to eradicate the scourge of the twenty-first century. Given the importance of the issue of human trafficking and its inescapable impact on victims, families, communities, nations, regions and the international community as a whole, this monograph will serve as an important resource for policy makers, scholars, students and practitioners actively working in this increasingly dynamic area of law.Trade ReviewFrom the Foreword: Jason Haynes has approached this difficult topic with a balance of academic rigour and humanity. In addition to providing an invaluable source of information and data, he presents challenging arguments compelling everyone, especially politicians, lawyers, judges and academics to look again at the way in which we tackle these complex problems. -- Hon Mrs Justice Maura McGowan QC, DBE, High Court Judge, LondonFrom the Foreword: This book is an essential and fundamental guide to any person or organisation that is interested or concerned about human trafficking... This book is stimulating and thought-provoking and empowers those who read it to revisit the laws, practices and protocols within their countries, and to employ their best efforts to ensure that firstly human trafficking is eradicated; secondly, that victims of human trafficking, in particular, children are protected; thirdly, that adequate safeguards are put in place; and, just as importantly, there is continued informative discussion and debate about the issue. -- Hon Mr Justice Shiraz Aziz, Supreme Court Judge, Turks and Caicos IslandsTable of Contents1. Introduction I. Overview II. Locating the ‘Commonwealth Caribbean’ III. Situational Overview IV. Further Afield V. Summary VI. Structure of the Monograph 2. Theoretical Perspectives on Human Trafficking Introduction I. Economic Theory II. Criminology Theories III. Feminist Theories IV. Brief Reflections V. Analytic Eclecticism VI. Methodology Conclusion 3. International Dimensions of Anti-Trafficking Law and Practice Introduction I. The Criminal Justice Approach II. The Human Rights Approach Conclusion 4. The European Approach to Human Trafficking Introduction I. Situational Overview II. Legal Frameworks III. Political and Institutional Commitment IV. Public Awareness, Stakeholder Collaboration and Capacity Building V. Criminalisation and Sanctioning VI. Investigation, Victim Identification and Referral VII. A Victim-Centred Approach VIII. Protection of Trafficked Victims IX. Material, Medical and Psychological Assistance and Accommodation X. Protection and Support for Child Victims XI. Regularisation of Immigration Status, Repatriation and Reintegration XII. Compensation XIII. Hegemonic Assumptions Conclusion 5. Anti-Trafficking Law and Practice in England and Wales Introduction I. Criminalising Trafficking in Persons II. Investigating Trafficking in Persons III. Identifying and Referring Victims of Trafficking IV. Discretionary Leave to Remain V. Support and Assistance of Trafficked Victims VI. Child Victims of Trafficking VII. Criminal Proceedings VIII. Compensating Victims of Trafficking for Harm Suffered IX. The Non-Punishment of Victims of Trafficking X. Institutional Commitment XI. Confiscation/Forfeiture of Assets XII. Prevention and Risk Orders XIII. Transparency in Supply Chains Conclusion 6. Normative Aspects of Caribbean Anti-Trafficking Law and Practice Introduction I. Domestic Legal Framework II. Normative Considerations Conclusion 7. Institutional Aspects of Caribbean Anti-Trafficking Law and Practice Introduction I. Human Trafficking on the National/Regional Agenda II. Capacity Building III. Stakeholder Collaboration IV. Victim Identification and Referral V. Court Proceedings Conclusion 8. Individual Aspects of Caribbean Anti-Trafficking Law and Practice Introduction I. Primacy of Victims’ Rights II. Meeting the Basic Needs of Trafficked Victims III. Medical and Psychological Assistance IV. The Special Position of Child Victims V. Accommodation VI. Privacy and Confidentiality VII. Information, Documentation and Interpretation/Translation VIII. Regularisation of Victims’ Immigration Status IX. Repatriation X. Reintegration Conclusion 9. Conclusion: The Way Forward Introduction I. General Findings II. Reforming Anti-Trafficking Law and Practice III. Summary

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Book SynopsisThis book engages in a theological critique of the legal frameworks and theoretical approaches of Australia, the US and England to create a peaceful coexistence of difference which supports both religious freedom and equality. It develops a new framework for reconciling religious freedom and discrimination in Western liberal democracies and presents a unique approach to practically supporting both religious freedom and equality as fundamentally important objectives which promote more compassionate and cohesive communities. The book applies the idea of peaceful coexistence of difference by assuming the dignity and goodwill of different people and perspectives, and proceeds upon shared virtues such as love which are affirmed by all.Table of ContentsPART I RELIGIOUS FREEDOM VERSUS ANTI-DISCRIMINATION? Introduction I. The Purpose of this Book: Reconciling Freedom and Discrimination II. Religious Freedom and Equality: A Tense Relationship III. Shortcomings in the Literature IV. Peaceful Coexistence, Shared Premises and Political Virtues V. Models of the Religion-State Relationship VI. Structure of the Book PART II LEGAL FRAMEWORKS 1. Australia I. Introduction II. The Australian Constitution III. Commonwealth Legislation IV. Summary: The Legal Infrastructure for the Autonomy of Religious Communities in Australia V. Evaluation of the Law: Peaceful Coexistence and the Theological Virtues VI. Conclusion: The Autonomy of Religious Communities in Australian Law 2. United States I. Introduction II. The First Amendment of the US Constitution III. Federal Legislation IV. Summary: The Legal Infrastructure for the Autonomy of Religious Communities in the US V. Evaluation of the Law: Peaceful Coexistence and the Theological Virtues VI. Conclusion: The Autonomy of Religious Communities in US Law 3. England I. Introduction II. European Convention of Human Rights III. UK Legislation IV. Summary: The Legal Infrastructure for the Autonomy of Religious Communities in England V. Evaluation of the Law: Peaceful Coexistence and the Theological Virtues VI. Conclusion: The Autonomy of Religious Communities in English Law PART III THEORETICAL FRAMEWORKS 4. Australia: Pragmatic Pluralism or Mild Establishment? I. Introduction II. Australia as Pragmatically Pluralist III. Evaluation of Australia’s Pragmatic Pluralism IV. Proposing an Alternative: Mild Establishment? V. Implications for Australia’s Legal Framework VI. Conclusion 5. United States: Secularism or Pluralism? I. Introduction II. United States as Secular Separationist III. Evaluation of Secular Separationism in the US IV. Proposing an Alternative: Pluralism V. Implications for the United States Legal Framework VI. Conclusion 6. England: Substantive Establishment? I. Introduction II. Elements of English Establishment III. Nature of English Establishment: Substantive (Theological) or Formal (Secular)? IV. Peaceful Coexistence and an Evaluation of English Establishment V. Implications for the English Legal Framework VI. Conclusion PART IV A PRINCIPLED FRAMEWORK 7. Reconciling Religious Freedom and Equality in a Principled Framework I. Introduction II. Reconciling Religious Freedom and Equality III. Recommendations

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Book SynopsisThe EU has become a powerful migration policy actor. As a result, European migration policy is increasingly coming into conflict with its obligation to protect human rights. This open access volume names the most urgent challenges, develops the relevant legal standards and makes proposals for reform. Central problem areas included are: -access to asylum in the EU -freedom of movement for migrants -legal procedural guarantees -the ban on discrimination based on residence status -respect for social and family ties in migration control measures -the guarantee of minimum social rights for irregular migrants, and -the public and civil society infrastructure to defend human rights. The eBook editions of this book are available open access under a CC BY-NC-ND 4.0 licence on https://doi.org/10.5771/9783748926740. Open access was funded by the Stiftung Mercator.Trade ReviewFor academics, Human Rights Challenges to European Migration Policy is worth reading primarily for its methodological approach … such a text is extremely refreshing. -- Johannes Eicbenhofer * Journal for Immigration Law and Policy *Table of ContentsIntroduction: Nature and Purpose of this Study Chapter 1 – Ensuring Access to Asylum Chapter 2 – Ensuring Liberty and Freedom of Movement Chapter 3 – Guaranteeing Procedural Standards Chapter 4 – Preventing Discrimination Chapter 5 – Preserving Social and Family Ties Chapter 6 – Guaranteeing Socio-Economic Rights Chapter 7 – Fostering Human Rights Infrastructure

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Book SynopsisTHE FORGOTTEN FIRST chronicles the lives of four incredible men, the racism they experienced as Black players entering a segregated sport, the burden of expectation they carried, and their many achievements, which would go on to affect football for generations to come.More than a year before Jackie Robinson broke the color barrier in Major League Baseball, there was another seismic moment in pro sports history. On March 21,1946, former UCLA star running back Kenny Washington-a teammate of Robinson's in college-signed a contract with the Los Angeles Rams. This ended one of the most shameful periods in NFL history, when African-American players were banned from league play.Washington would not be alone in serving as a pioneer for NFL integration. Just months after he joined the Rams, thanks to a concerted effort by influential Los Angeles political and civic leaders, the team signed Woody Strode, who played with both Washington and Robinson at UCLA in one of the most celebrated backfields in college sports history. And that same year, a little-known coach named Paul Brown of the fledgling Cleveland Browns signed running back Marion Motley and defensive lineman Bill Willis, thereby integrating a startup league that would eventually merge with the NFL.THE FORGOTTEN FIRST tells the story of one of the most significant cultural shifts in pro football history, as four men opened the door to opportunity and changed the sport forever.

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Book SynopsisThe European Convention on Human Rights (ECHR) entered into force on 3 September 1953 with binding effect on all Member States of the Council of Europe. It grants the people of Europe a number of fundamental rights and freedoms (right to life, prohibition of torture, prohibition of slavery and forced labour, right to liberty and security, right to a fair trial, no punishment without law, right to respect for private and family life, freedom of thought, conscience and religion, freedom of expression, freedom of assembly and association, right to marry, right to an effective remedy, prohibition of discrimination) plus some more by additional protocols to the Convention (Protocols 1 (ETS No. 009), 4 (ETS No. 046), 6 (ETS No. 114), 7 (ETS No. 117), 12 (ETS No. 177) and 13 (ETS No. 187)). Any person who feels his or her rights under the ECHR have been violated by the authorities of one of the Member States can bring a case to the European Court of Human Rights, established under the Convention. The States are bound by the Court's decisions. The Committee of Ministers of the Council of Europe make sure that the decisions are properly executed. Today the Court receives thousands of petitions annually, demonstrating the immense impact of the Convention and the Strasbourg Court. Professor Grabenwarter's Commentary deals with the Convention systematically, article-by-article, considering the development and scope of each article, together with the relevant case-law and literature.Trade ReviewThe analysis is rich and takes place in a structured manner, allowing the reader to navigate easily through the different issues which arise under the Articles of the Convention. -- Dr. Charilaos Nikolaidis * Academy of Transparency and Human Rights, EPLO *Table of ContentsArticle 1 – Obligation to respect human rights I. Rights and freedoms defined in the Convention II. Personal scope of the Convention III. Territorial scope of the Convention IV. Temporal scope of the Convention Article 2 – Right to Life I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 3 – Prohibition of torture I. Introduction II. Scope of protection and interferences III. No justification of an interference with Article 3 IV. Positive obligations V. Cases of ill-treatment Article 4 – Prohibition of slavery and forced labour I. Introduction II. Prohibition of slavery and servitude III. Prohibition on forced or compulsory labour IV. Prohibition of trafficking in human beings V. Positive obligations Article 5 – Right to liberty and security I. Introduction II. Scope of protection III. Interferences IV. Compatibility of deprivations of liberty with Article 5 V. The rights of persons deprived of their liberty Article 6 – Right to a fair trial I. Introduction II. Scope of protection III. Guarantees of Article 6 in detail Article 7 – No punishment without law I. Introduction II. The scope of Article 7 III. Scope of protection Article 8 – Right to family life I. Introduction II. Personal scope III. Material scope IV. Interferences V. Justification VI. Positive obligations VII. Case law on specific cases Article 9 – Freedom of thought, conscience and religion I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 10 – Freedom of expression I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 11 – Freedom of assembly and association I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 12 – Right to marry I. Introduction II. Scope of protection III. Interferences IV. Justification Article 13 – Right to an effective remedy I. Introduction II. Scope of protection III. The guarantee of Article 13 Article 14 – Prohibition of discrimination I. Introduction II. Scope of protection III. Determination of a discrimination IV. Justification V. Positive obligations Protocol No. 1 Article 1 – Protection of property I. Introduction II. Scope of protection III. Interferences IV. Justification V. Positive obligations Article 2 – Right to education I. Introduction II. Right to education III. Right of parents to respect for their convictions IV. Positive obligations Article 3 – Right to free elections I. Introduction II. Scope of protection III. Interference IV. Justification Protocol No. 4 Article 1 – Prohibition of imprisonment for debt I. Introduction II. Scope of protection Article 2 – Freedom of movement I. Introduction II. Scope of protection III. Interferences IV. Justification Article 3 – Prohibition of expulsion of nationals I. Introduction II. Scope of protection III. Interferences IV. Justification Article 4 – Prohibition of collective expulsion of aliens I. Introduction II. The guarantee of Article 4 of Protocol No. 4 III. Justification Protocol No. 6 Article 1 – Abolition of the death penalty Article 2 – Death penalty in time of war Protocol No. 7 Article 1 – Procedural safeguards relating to expulsion of aliens I. Introduction II. Scope of protection III. Procedural safeguards under Article 1 of Protocol No. 7 IV. Restrictions of the procedural safeguards Article 2 – Right of appeal in criminal matters I. Introduction II. Scope of protection III. The guarantee of Article 2 of Protocol No. 7 IV. Exceptions Article 3 – Compensation for wrongful conviction I. Introduction II. Requirements for claiming compensation III. Right to compensation Article 4 – Right not to be tried or punished twice I. Introduction II. The scope of protection III. The guarantee of Article 4 of Protocol No. 7 IV. Exceptions Article 5 – Equality between spouses I. Scope of protection II. Relationship to other Convention guarantees Protocol No. 12 Article 1 – General prohibition of discrimination I. Introduction II. The scope of Article 1 of Protocol No. 12 Protocol No. 13 Article 1 – Abolition of the death penalty

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Book SynopsisTable of ContentsInaugural Editorial Donncha O'Connell Part I: Feature Articles The Dreyfus Case a Century on- Ten Lessons for Ireland & Australia The Hon Justice Michael Kirby AC CMG The Irish Human Rights Commission: The Early Years Dr Alpha Connelly Aspirations Unfulfilled: The Equality Right in Irish Law Colm O'Cinneide Why is it so Difficult to Promote a Human Rights-Based Approach to Immigration? Ciara Smyth Local Authorities and the European Convention on Human Rights Act 2003 Dr Padraic Kenna Privacy - Confusing Fundamental Values and Social Traditions Marie McGonagle Children's Rights in Ireland: Legacy Issues and Future Prospects Professor Pat Dolan Part II: Case Notes Feature Case Note The Islamic Headscarf Dilemma: Leyla Sahin v Turkey Dr Tarlach McGonagle Recognition of Canadian Same-SexMarriage: Zappone and Gilligan v Revenue Commissioners and Others Brian Tobin Jurisdictional Issues: Bosphorus Airways v Ireland Professor Rick Lawson An Ode to Contextualisation: I.A. v Turkey Dr Tarlach McGonagle Dublin City Council v Fennell: A Stay of Execution for Section 62 of the Housing Act 1966 Siobhan Phelan Torture and Diplomatic Assurances: Agiza v Sweden Siobhan Cummiskey Damages for Defamation: Independent News and Media and Independent Newspapers Ireland Limited v Ireland Senator Alex White Issue Estoppel in Criminal Proceedings: Lynch v Judge Caroll Moran and the DPP Emer Meeneghan "Trying to Have it BothWays" - On the First Judgments of the Court of First Instance Concerning EC Acts Adopted in the Fight against International Terrorism Dr Laurent Pech Investigation of Disappearances: Gongadze v Ukraine Aoife O'Donoghue

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