Pennsylvania Studies in Human Rights
Скачать книги из серии Pennsylvania Studies in Human RightsHuman Rights in Turkey
Turkey's mixed human rights record has been highly politicized in the debate surrounding the country's probable ascendance to membership in the European Union. Beginning with the foundation of a secular republic in 1923, and continuing with founding membership in the United Nations and participation in the European Convention on Human Rights and Fundamental Freedoms, Turkey made significant commitments to the advancement of human rights. However, its authoritarian tradition, periods of military rule, increasing social inequality, and economic crises have led to policies that undermine human rights. While legislative reforms and civil social activism since the 1980s have contributed greatly to the advancement of human rights, recent progress is threatened by the rise of nationalism, persistent gender inequality, and economic hardship.In Human Rights in Turkey , twenty-one Turkish and international scholars from various disciplines examine human rights policies and conditions since the 1920s, at the intersection of domestic and international politics, as they relate to all spheres of life in Turkey. A wide range of rights, such as freedom of the press and religion, minority, women's, and workers' rights, and the right to education, are examined in the context of the history and current conditions of the Republic of Turkey.In light of the events of September 11, 2001, and subsequent developments in the Middle East, recent proposals about modeling other Muslim countries after Turkey add urgency to an in-depth study of Turkish politics and the causal links with human rights. The scholarship presented in Human Rights in Turkey holds significant implications for the study of human rights in the Middle East and around the globe.
The Ideals of Global Sport
"Sport has the power to change the world," South African president Nelson Mandela told the Sporting Club in Monte Carlo in 2000. Today, we are inundated with similar claims—from politicians, diplomats, intellectuals, journalists, athletes, and fans—about the many ways that international sports competitions make the world a better place. Promoters of the Olympic Games and similar global sports events have spent more than a century telling us that these festivals offer a multitude of «goods»: that they foster friendship and mutual understanding among peoples and nations, promote peace, combat racism, and spread democracy. In recent years boosters have suggested that sports mega-events can advance environmental protection in a world threatened by climate change, stimulate economic growth and reduce poverty in developing nations, and promote human rights in repressive countries. If the claims are to be believed, sport is the most powerful and effective form of idealistic internationalism on the planet. The Ideals of Global Sport investigates these grandiose claims, peeling away the hype to reveal the reality: that shockingly little evidence underpins these endlessly repeated assertions. The essays, written by scholars from many regions and disciplines and drawn from an exceptionally diverse array of sources, show that these bold claims were sometimes cleverly leveraged by activist groups to pressure sports bodies into supporting moral causes. But the essays methodically debunk sports organizations' inflated proclamations about the record of their contributions to peace, mutual understanding, antiracism, and democracy. Exposing enduring shortcomings in the newer realm of human rights protection, from the 1980 Moscow Olympic Games to Brazil's 2014 World Cup and the 2016 Rio Olympics, The Ideals of Global Sport suggests that sport's idealistic pretensions can have distinctly non-idealistic side effects, distracting from the staggering financial costs of hosting the events, serving corporate interests, and aiding the spread of neoliberal globalization. Contributors : Jules Boykoff, Susan Brownell, Roland Burke, Simon Creak, Dmitry Dubrovsky, Joon Seok Hong, Barbara J. Keys, Renate Nagamine, João Roriz, Robert Skinner.
Religious Freedom and Mass Conversion in India
Hinduism is the largest religion in India, encompassing roughly 80 percent of the population, while 14 percent of the population practices Islam and the remaining 6 percent adheres to other religions. The right to «freely profess, practice, and propagate religion» in India's constitution is one of the most comprehensive articulations of the right to religious freedom. Yet from the late colonial era to the present, mass conversions to minority religions have inflamed majority-minority relations in India and complicated the exercise of this right. In Religious Freedom and Mass Conversion in India , Laura Dudley Jenkins examines three mass conversion movements in India: among Christians in the 1930s, Dalit Buddhists in the 1950s, and Mizo Jews in the 2000s. Critics of these movements claimed mass converts were victims of overzealous proselytizers promising material benefits, but defenders insisted the converts were individuals choosing to convert for spiritual reasons. Jenkins traces the origins of these opposing arguments to the 1930s and 1940s, when emerging human rights frameworks and early social scientific studies of religion posited an ideal convert: an individual making a purely spiritual choice. However, she observes that India's mass conversions did not adhere to this model and therefore sparked scrutiny of mass converts' individual agency and spiritual sincerity. Jenkins demonstrates that the preoccupation with converts' agency and sincerity has resulted in significant challenges to religious freedom. One is the proliferation of legislation limiting induced conversions. Another is the restriction of affirmative action rights of low caste people who choose to practice Islam or Christianity. Last, incendiary rumors are intentionally spread of women being converted to Islam via seduction. Religious Freedom and Mass Conversion in India illuminates the ways in which these tactics immobilize potential converts, reinforce damaging assumptions about women, lower castes, and religious minorities, and continue to restrict religious freedom in India today.
Beyond Virtue and Vice
Over the past two decades, human rights as legal doctrine and practice has shifted its engagement with criminal law from a near exclusive condemnation of it as a source of harm toward increasingly invoking it as a necessary remedy for abuses. These shifts are most visible in the context of sexuality, reproduction, and gender. Criminal law appears in modern states as a tool for societies to define forbidden acts (crimes) and prescribe punishments. It authorizes the state to use force as an aspect of expressing and establishing norms—societal expectations for acceptable behavior which when breached permit individuals to be excluded and stigmatized as unfit for inclusion. But the core principles of human rights oppose exclusion and stigma and embrace the equality and dignity of all. Therefore there is an insuperable tension when human rights actors invoke criminal law to protect and vindicate human rights violations. Beyond Virtue and Vice examines the ways in which recourse to the criminal law features in work by human rights advocates regarding sexuality, gender, and reproduction and presents a framework for considering if, when, and under what conditions, recourse to criminal law is compatible with human rights. Contributors from a wide range of disciplinary fields and geographic locations offer historical and contemporary perspectives, doctrinal cautionary tales, and close readings of advocacy campaigns on the use of criminal law in cases involving abortion and reproductive rights, HIV/AIDS, sex work and prostitution law, human trafficking, sexual violence across genders, child rights and adolescent sexuality, and LGBT issues. The volume offers specific values and approaches of possible use to advocates, activists, policy makers, legislators, scholars, and students in their efforts to craft dialogue and engagement to move beyond state practices that compromise human rights in the name of restraining vice and extolling virtue. Contributors : Aziza Ahmed, Widney Brown, Sealing Cheng, Sonia Corrêa, Joanna N. Erdman, Janet Halley, Alli Jernow, Maria Lucia Karam, Ae-Ryung Kim, Scott Long, Vrinda Marwah, Alice M. Miller, Geetanijali Misra, Rasha Moumneh, Wanja Muguongo, Oliver Phillips, Zain Rizvi, Mindy Jane Roseman, Esteban Restrepo Saldarriaga, Tara Zivkovic.
Human Rights Transformation in Practice
Human rights are increasingly described as being in crisis. But are human rights really on the verge of disappearing? Human Rights Transformation in Practice argues that it is certainly the case that human rights organizations in many parts of the world are under threat, but that the ideals of justice, fairness, and equality inherent in human rights remain appealing globally—and that recognizing the continuing importance and strength of human rights requires looking for them in different places. These places are not simply the Human Rights Council or regular meetings of monitoring committees but also the offices of small NGOs and the streets of poor cities. In Human Rights Transformation in Practice , editors Tine Destrooper and Sally Engle Merry collect various approaches to the questions of how human rights travel and how they are transformed, offering a corrective to those perspectives locating human rights only in formal institutions and laws. Contributors to the volume empirically examine several hypotheses about the factors that impact the vernacularization and localization of human rights: how human rights ideals become formalized in local legal systems, sometimes become customary norms, and, at other times, fail to take hold. Case studies explore the ways in which local struggles may inspire the further development of human rights norms at the transnational level. Through these analyses, the essays in Human Rights Transformation in Practice consider how the vernacularization and localization processes may be shaped by different causes of human rights violations, the perceived nature of violations, and the existence of networks and formal avenues for information-sharing. Contributors : Sara L. M. Davis, Ellen Desmet, Tine Destrooper, Mark Goodale, Ken MacLean, Samuel Martínez, Sally Engle Merry, Charmain Mohamed, Vasuki Nesiah, Arne Vandenbogaerde, Wouter Vandenhole, Johannes M. Waldmüller.
Mexico's Human Rights Crisis
Lawless elements are ascendant in Mexico, as evidenced by the operations of criminal cartels engaged in human and drug trafficking, often with the active support or acquiescence of government actors. The sharp increase in the number of victims of homicide, disappearances and torture over the past decade is unparalleled in the country's recent history. According to editors Alejandro Anaya-Muñoz and Barbara Frey, the «war on drugs» launched in 2006 by President Felipe Calderón and the corrupting influence criminal organizations have on public institutions have empowered both state and nonstate actors to operate with impunity. Impunity, they argue, is the root cause that has enabled a human-rights crisis to flourish, creating a climate of generalized violence that is carried out, condoned, or ignored by the state and precluding any hope for justice. Mexico's Human Rights Crisis offers a broad survey of the current human rights issues that plague Mexico. Essays focus on the human rights consequences that flow directly from the ongoing «war on drugs» in the country, including violence aimed specifically at women, and the impunity that characterizes the government's activities. Contributors address the violation of the human rights of migrants, in both Mexico and the United States, and cover the domestic and transnational elements and processes that shape the current human rights crisis, from the state of Mexico's democracy to the influence of rulings by the Inter-American Court of Human Rights on the decisions of Mexico's National Supreme Court of Justice. Given the scope, the contemporaneity, and the gravity of Mexico's human rights crisis, the recommendations made in the book by the editors and contributors to curb the violence could not be more urgent. Contributors : Alejandro Anaya-Muñoz, Karina Ansolabehere, Ariadna Estévez, Barbara Frey, Janice Gallagher, Rodrigo Gutiérrez Rivas, Susan Gzesh, Sandra Hincapié, Catalina Pérez Correa, Laura Rubio Díaz-Leal, Natalia Saltalamacchia, Carlos Silva Forné, Regina Tamés, Javier Treviño-Rangel, Daniel Vázquez, Benjamin James Waddell.
Strategies of Compliance with the European Court of Human Rights
In Strategies of Compliance with the European Court of Human Rights , Andreas von Staden looks at the nature of human rights challenges in two enduring liberal democracies—Germany and the United Kingdom. Employing an ambitious data set that covers the compliance status of all European Court of Human Rights judgments rendered until 2015, von Staden presents a cross-national overview of compliance that illustrates a strong correlation between the quality of a country's democracy and the rate at which judgments have met compliance. Tracing the impact of violations in Germany and the United Kingdom specifically, he details how governments, legislators, and domestic judges responded to the court's demands for either financial compensation or changes to laws, policies, and practices. Framing his analysis in the context of the long-standing international relations debate between rationalists who argue that actions are dictated by an actor's preferences and cost-benefit calculations, and constructivists, who emphasize the influence of norms on behavior, von Staden argues that the question of whether to comply with a judgment needs to be analyzed separately from the question of how to comply. According to von Staden, constructivist reasoning best explains why Germany and the United Kingdom are motivated to comply with the European Court of Human Rights judgments, while rationalist reasoning in most cases accounts for how these countries bring their laws, policies, and practices into sufficient compliance for their cases to be closed. When complying with adverse decisions while also exploiting all available options to minimize their domestic impact, liberal democracies are thus both norm-abiding and rational-instrumentalist at the same time—in other words, they choose their compliance strategies rationally within the normative constraint of having to comply with the Court's judgments.
Argentina Betrayed
The ruthless military dictatorship that ruled Argentina between 1976 and 1983 betrayed the country's people, presiding over massive disappearances of its citizenry and, in the process, destroying the state's trustworthiness as the guardian of safety and well-being. Desperate relatives risked their lives to find the disappeared, and one group of mothers defied the repressive regime with weekly protests at the Plaza de Mayo in Buenos Aires. How do societies cope with human losses and sociocultural traumas in the aftermath of such instances of political violence and state terror? In Argentina Betrayed , Antonius C. G. M. Robben demonstrates that the dynamics of trust and betrayal that convulsed Argentina during the dictatorship did not end when democracy returned but rather persisted in confrontations over issues such as the truth about the disappearances, the commemoration of the past, and the guilt and accountability of perpetrators. Successive governments failed to resolve these debates because of erratic policies made under pressure from both military and human rights groups. Mutual mistrust between the state, retired officers, former insurgents, and bereaved relatives has been fueled by recurrent revelations and controversies that prevent Argentine society from conclusively coming to terms with its traumatic past. With thirty years of scholarly engagement with Argentina—and drawing on his extensive, fair-minded interviews with principals at all points along the political spectrum—Robben explores how these ongoing dynamics have influenced the complicated mourning over violent deaths and disappearances. His analysis deploys key concepts from the contemporary literature of human rights, transitional justice, peace and reconciliation, and memory studies, including notions of trauma, denial, accountability, and mourning. The resulting volume is an indispensable contribution to a better understanding of the terrible crimes committed by the Argentine dictatorship in the 1970s and their aftermath.
Disability, Human Rights, and Information Technology
Disability, Human Rights, and Information Technology addresses the global issue of equal access to information and communications technology (ICT) by persons with disabilities. The right to access the same digital content at the same time and at the same cost as people without disabilities is implicit in several human rights instruments and is featured prominently in Articles 9 and 21 of the Convention on the Rights of Persons with Disabilities. The right to access ICT, moreover, invokes complementary civil and human rights issues: freedom of expression; freedom to information; political participation; civic engagement; inclusive education; the right to access the highest level of scientific and technological information; and participation in social and cultural opportunities. Despite the ready availability and minimal cost of technology to enable people with disabilities to access ICT on an equal footing as consumers without disabilities, prevailing practice around the globe continues to result in their exclusion. Questions and complexities may also arise where technologies advance ahead of existing laws and policies, where legal norms are established but not yet implemented, or where legal rights are defined but clear technical implementations are not yet established. At the intersection of human-computer interaction, disability rights, civil rights, human rights, international development, and public policy, the volume's contributors examine crucial yet underexplored areas, including technology access for people with cognitive impairments, public financing of information technology, accessibility and e-learning, and human rights and social inclusion. Contributors: John Bertot, Peter Blanck, Judy Brewer, Joyram Chakraborty, Tim Elder, Jim Fruchterman, G. Anthony Giannoumis, Paul Jaeger, Sanjay Jain, Deborah Kaplan, Raja Kushalnagar, Jonathan Lazar, Fredric I. Lederer, Janet E. Lord, Ravi Malhotra, Jorge Manhique, Mirriam Nthenge, Joyojeet Pal, Megan A. Rusciano, David Sloan, Michael Ashley Stein, Brian Wentz, Marco Winckler, Mary J. Ziegler.
Human Rights Education
Over the past seven decades, human rights education has blossomed into a global movement. A field of scholarship that utilizes teaching and learning processes, human rights education addresses basic rights and broadens the respect for the dignity and freedom of all peoples. Since the founding of the United Nations and the adoption of the Universal Declaration of Human Rights in 1948, human rights education has worked toward ensuring that schools and non-formal educational spaces become sites of promise and equity. Bringing together the voices of leaders and researchers deeply engaged in understanding the politics and possibilities of human rights education as a field of inquiry, Monisha Bajaj's Human Rights Education shapes our understanding of the practices and processes of the discipline and demonstrates the ways in which it has evolved into a meaningful constellation of scholarship, policy, curricular reform, and pedagogy. Contributions by pioneers in the field, as well as emerging scholars, constitute this foundational textbook, which charts the field's rise, outlines its conceptual frameworks and models, and offers case studies from Africa, Asia, Latin America, Europe, the Middle East, and the United States. The volume analyzes how human rights education has been locally tailored to diverse contexts and looks at the tensions and triumphs of such efforts. Historicizing human rights education while offering concrete grounding for those who seek entry into this dynamic field of scholarship and practice, Human Rights Education is essential reading for students, educators, researchers, advocates, activists, practitioners, and policy makers. Contributors : Monisha Bajaj, Ben Cislaghi, Nancy Flowers, Melissa Leigh Gibson, Diane Gillespie, Carl A. Grant, Tracey Holland, Megan Jensen, Peter G. Kirchschlaeger, Gerald Mackie, J. Paul Martin, Sam Mejias, Chrissie Monaghan, Audrey Osler, Oren Pizmony-Levy, Susan Garnett Russell, Carol Anne Spreen, David Suárez, Felisa Tibbitts, Rachel Wahl, Chalank Yahya, Michalinos Zembylas.