Pennsylvania Studies in Human Rights
Скачать книги из серии Pennsylvania Studies in Human RightsHuman Rights and Adolescence
While young children's rights have received considerable attention and have accordingly advanced over the past two decades, the rights of adolescents have been neglected. This manifests itself in pervasive gender-based violence, widespread youth disaffection and unemployment, concerning levels of self-abuse, violence and antisocial engagement, and serious mental and physical health deficits. The cost of inaction on these issues is likely to be dramatic in terms of human suffering, lost social and economic opportunities, and threats to global peace and security. Across the range of disciplines that make up contemporary human rights, from law and social advocacy to global health, history, economics, sociology, politics, and psychology, it is time, the contributors of this volume contend, for adolescent rights to occupy a coherent place of their own. Human Rights and Adolescence presents a multifaceted inquiry into the global circumstances of adolescents, focusing on the human rights challenges and socioeconomic obstacles young adults face. Contributors use new research to advance feasible solutions and timely recommendations for a wide range of issues spanning all continents, from relevant international legal norms to neuropsychological adolescent brain development, gender discrimination in Indian education to Colombian child soldier recruitment, stigmatization of Roma youth in Europe to economic disempowerment of Middle Eastern and South African adolescents. Taken together, the research emphasizes the importance of dedicated attention to adolescence as a distinctive and critical phase of development between childhood and adulthood and outlines the task of building on the potential of adolescents while providing support for the challenges they experience. Contributors : Theresa S. Betancourt, Jacqueline Bhabha, Krishna Bose, Neera Burra, Malcolm Bush, Jocelyn DeJong, Elizabeth Gibbons, Katrina Hann, Mary Kawar, Orla Kelly, David Mark, Margareta Matache, Clea McNeely, Glaudine Mtshali, Katie Naeve, Elizabeth A. Newnham, Victor Pineda, Irene Rizzini, Elena Rozzi, Christian Salazar Volkmann, Shantha Sinha, Laurence Steinberg, Kerry Thompson, Jean Zermatten, Moses Zombo.
Immigration Judges and U.S. Asylum Policy
Although there are legal norms to secure the uniform treatment of asylum claims in the United States, anecdotal and empirical evidence suggest that strategic and economic interests also influence asylum outcomes. Previous research has demonstrated considerable variation in how immigration judges decide seemingly similar cases, which implies a host of legal concerns—not the least of which is whether judicial bias is more determinative of the decision to admit those fleeing persecution to the United States than is the merit of the claim. These disparities also raise important policy considerations about how to fix what many perceive to be a broken adjudication system. With theoretical sophistication and empirical rigor, Immigration Judges and U.S. Asylum Policy investigates more than 500,000 asylum cases that were decided by U.S. immigration judges between 1990 and 2010. The authors find that judges treat certain facts about an asylum applicant more objectively than others: facts determined to be legally relevant tend to be treated similarly by judges of different political ideologies, while facts considered extralegal are treated subjectively. Furthermore, the authors examine how local economic and political conditions as well as congressional reforms have affected outcomes in asylum cases, concluding with a series of policy recommendations aimed at improving the quality of immigration law decision making rather than trying to reduce disparities between decision makers.
How to Accept German Reparations
In a landmark process that transformed global reparations after the Holocaust, Germany created the largest sustained redress program in history, amounting to more than $60 billion. When human rights violations are presented primarily in material terms, acknowledging an indemnity claim becomes one way for a victim to be recognized. At the same time, indemnifications provoke a number of difficult questions about how suffering and loss can be measured: How much is an individual life worth? How much or what kind of violence merits compensation? What is «financial pain,» and what does it mean to monetize «concentration camp survivor syndrome»? Susan Slyomovics explores this and other compensation programs, both those past and those that might exist in the future, through the lens of anthropological and human rights discourse. How to account for variation in German reparations and French restitution directed solely at Algerian Jewry for Vichy-era losses? Do crimes of colonialism merit reparations? How might reparations models apply to the modern-day conflict in Israel and Palestine? The author points to the examples of her grandmother and mother, Czechoslovakian Jews who survived the Auschwitz, Plaszow, and Markkleeberg camps together but disagreed about applying for the post-World War II Wiedergutmachung («to make good again») reparation programs. Slyomovics maintains that we can use the legacies of German reparations to reconsider approaches to reparations in the future, and the result is an investigation of practical implications, complicated by the difficult legal, ethnographic, and personal questions that reparations inevitably prompt.
Human Rights and Disability Advocacy
The United Nations adoption of the Convention on the Rights of Persons with Disabilities (CRPD) constituted a paradigm shift in attitudes and approaches to disability rights, marking the first time in law-making history that persons with disabilities participated as civil society representatives and contributed to the drafting of an international treaty. On the way, they brought a new kind of diplomacy forward: empowering nongovernmental stakeholders, including persons with disabilities, within human rights discourse. This landmark treaty provides an opportunity to consider what it means to involve members of a global civil society in UN-level negotiations. Human Rights and Disability Advocacy brings together perspectives from individual representatives of the Disabled People's Organizations (DPOs), nongovernmental organizations (NGOs), indigenous peoples' organizations, states, and national institutions that played leading roles in the Convention's drafting process. The contributors provide vivid and personal accounts of the paths to victory, including stumbling blocks—not all of which were overcome—and offer a unique look into the politics of civil society organizations both from within and in its interaction with governments. Each essay describes the nonnegotiable key issues for which they advocated; the extent of success in reaching their goals; and insights into the limitations they faced. Through the plurality of voices and insider perspectives, Human Rights and Disability Advocacy presents fresh perspectives on the shift toward a new diplomacy and explores the implication of this model for human rights advocacy more generally. Contributors: Andrew Byrnes, Heidi Forrest, Phillip French, Lex Grandia, Huhana Hickey, Markku Jokinen, Liisa Kauppinen, Mi Yeon Kim, Gerison Lansdown, Connie Laurin-Bowie, Tirza Leibowitz, Don MacKay, Anna MacQuarrie, Ronald C. McCallum AO, Tara J. Melish, Pamela Molina Toledo, Maya Sabatello, Marianne Schulze, Belinda Shaw.
The Breakthrough
Between the 1960s and the 1980s, the human rights movement achieved unprecedented global prominence. Amnesty International attained striking visibility with its Campaign Against Torture; Soviet dissidents attracted a worldwide audience for their heroism in facing down a totalitarian state; the Helsinki Accords were signed, incorporating a «third basket» of human rights principles; and the Carter administration formally gave the United States a human rights policy. The Breakthrough is the first collection to examine this decisive era as a whole, tracing key developments in both Western and non-Western engagement with human rights and placing new emphasis on the role of human rights in the international history of the past century. Bringing together original essays from some of the field's leading scholars, this volume not only explores the transnational histories of international and nongovernmental human rights organizations but also analyzes the complex interplay between gender, sociology, and ideology in the making of human rights politics at the local level. Detailed case studies illuminate how a number of local movements—from the 1975 World Congress of Women in East Berlin, to antiapartheid activism in Britain, to protests in Latin America—affected international human rights discourse in the era as well as the ways these moments continue to influence current understanding of human rights history and advocacy. The global south—an area not usually treated as a scene of human rights politics—is also spotlighted in groundbreaking chapters on Biafran, South American, and Indonesian developments. In recovering the remarkable presence of global human rights talk and practice in the 1970s, The Breakthrough brings this pivotal decade to the forefront of contemporary scholarly debate. Contributors: Carl J. Bon Tempo, Gunter Dehnert, Celia Donert, Lasse Heerten, Patrick William Kelly, Benjamin Nathans, Ned Richardson-Little, Daniel Sargent, Brad Simpson, Lynsay Skiba, Simon Stevens.
Human Rights and the Negotiation of American Power
The American attitude toward human rights is deemed inconsistent, even hypocritical: while the United States is characterized (or self-characterized) as a global leader in promoting human rights, the nation has consistently restrained broader interpretations of human rights and held international enforcement mechanisms at arm's length. Human Rights and the Negotiation of American Power examines the causes, consequences, and tensions of America's growth as the leading world power after World War II alongside the flowering of the human rights movement. Through careful archival research, Glenn Mitoma reveals how the U.S. government, key civil society groups, Cold War politics, and specific individuals contributed to America's emergence as an ambivalent yet central player in establishing an international rights ethic. Mitoma focuses on the work of three American civil society organizations: the Commission to Study the Organization of Peace, the National Association for the Advancement of Colored People, and the American Bar Association—and their influence on U.S. human rights policy from the late 1930s through the 1950s. He demonstrates that the burgeoning transnational language of human rights provided two prominent United Nations diplomats and charter members of the Commission on Human Rights—Charles Malik and Carlos Romulo—with fresh and essential opportunities for influencing the position of the United States, most particularly with respect to developing nations. Looking at the critical contributions made by these two men, Mitoma uncovers the unique causes, tensions, and consequences of American exceptionalism.
Everyday Occupations
In the twenty-first century, political conflict and militarization have come to constitute a global social condition rather than a political exception. Military occupation increasingly informs the politics of both democracies and dictatorships, capitalist and formerly socialist regimes, raising questions about its relationship to sovereignty and the nation-state form. Israel and India are two of the world's most powerful postwar democracies yet have long-standing military occupations. Pakistan, Bangladesh, and Turkey have passed through periods of military dictatorship, but democracy has yielded little for their ethnic minorities who have been incorporated into the electoral process. Sri Lanka and Bangladesh (like India, Pakistan, and Turkey) have felt the imprint of socialism; declarations of peace after long periods of conflict in these countries have not improved the conditions of their minority or indigenous peoples but rather have resulted in «violent peace» and remilitarization. Indeed, the existence of standing troops and ongoing state violence against peoples struggling for self-determination in these regions suggests the expanding and everyday nature of military occupation. Such everydayness raises larger issues about the dominant place of the military in society and the social values surrounding militarism. Everyday Occupations examines militarization from the standpoints of both occupier and occupied. With attention to gender, poetics, satire, and popular culture, contributors who have lived and worked in occupied areas in the Middle East and South Asia explore what kinds of society are foreclosed or made possible by militarism. The outcome is a powerful contribution to the ethnography of political violence. Contributors: Nosheen Ali, Kabita Chakma, Richard Falk, Sandya Hewamanne, Mohamad Junaid, Rhoda Kanaaneh, Hisyar Ozsoy, Cheran Rudhramoorthy, Serap Ruken Sengul, Kamala Visweswaran.
Human Rights in the Shadow of Colonial Violence
Human Rights in the Shadow of Colonial Violence explores the relationship between the human rights movement emerging after 1945 and the increasing violence of decolonization. Based on material previously inaccessible in the archives of the International Committee of the Red Cross and the United Nations Human Rights Commission, this comparative study uses the Mau Mau War (1952-1956) and the Algerian War (1954-1962) to examine the policies of two major imperial powers, Britain and France. Historian Fabian Klose considers the significance of declared states of emergency, counterinsurgency strategy, and the significance of humanitarian international law in both conflicts. Klose's findings from these previously confidential archives reveal the escalating violence and oppressive tactics used by the British and French military during these anticolonial conflicts in North and East Africa, where Western powers that promoted human rights in other areas of the world were opposed to the growing global acceptance of freedom, equality, self-determination, and other postwar ideals. Practices such as collective punishment, torture, and extrajudicial killings did lasting damage to international human rights efforts until the end of decolonization. Clearly argued and meticulously researched, Human Rights in the Shadow of Colonial Violence demonstrates the mutually impacting histories of international human rights and decolonization, expanding our understanding of political violence in human rights discourse.
Internationalism in the Age of Nationalism
The twentieth century, a time of profound disillusionment with nationalism, was also the great age of internationalism. To the twenty-first-century historian, the period from the late nineteenth century until the end of the Cold War is distinctive for its nationalist preoccupations, while internationalism is often construed as the purview of ideologues and idealists, a remnant of Enlightenment-era narratives of the progress of humanity into a global community. Glenda Sluga argues to the contrary, that the concepts of nationalism and internationalism were very much entwined throughout the twentieth century and mutually shaped the attitudes toward interdependence and transnationalism that influence global politics in the present day. Internationalism in the Age of Nationalism traces the arc of internationalism through its rise before World War I, its apogee at the end of World War II, its reprise in the global seventies and the post-Cold War nineties, and its decline after 9/11. Drawing on original archival material and contemporary accounts, Sluga focuses on specific moments when visions of global community occupied the liberal political mainstream, often through the maneuvers of iconic organizations such as the League of Nations and the United Nations, which stood for the sovereignty of nation-states while creating the conditions under which marginalized colonial subjects and women could make their voices heard in an international arena. In this retelling of the history of the twentieth century, conceptions of sovereignty, community, and identity were the objects of trade and reinvention among diverse intellectual and social communities, and internationalism was imagined as the means of national independence and national rights, as well as the antidote to nationalism. This innovative history highlights the role of internationalism in the evolution of political, economic, social, and cultural modernity, and maps out a new way of thinking about the twentieth century.
Clan Cleansing in Somalia
In 1991, certain political and military leaders in Somalia, wishing to gain exclusive control over the state, mobilized their followers to use terror—wounding, raping, and killing—to expel a vast number of Somalis from the capital city of Mogadishu and south-central and southern Somalia. Manipulating clan sentiment, they succeeded in turning ordinary civilians against neighbors, friends, and coworkers. Although this episode of organized communal violence is common knowledge among Somalis, its real nature has not been publicly acknowledged and has been ignored, concealed, or misrepresented in scholarly works and political memoirs—until now. Marshaling a vast amount of source material, including Somali poetry and survivor accounts, Clan Cleansing in Somalia analyzes this campaign of clan cleansing against the historical background of a violent and divisive military dictatorship, in the contemporary context of regime collapse, and in relationship to the rampant militia warfare that followed in its wake. Clan Cleansing in Somalia also reflects on the relationship between history, truth, and postconflict reconstruction in Somalia. Documenting the organization and intent behind the campaign of clan cleansing, Lidwien Kapteijns traces the emergence of the hate narratives and code words that came to serve as rationales and triggers for the violence. However, it was not clans that killed, she insists, but people who killed in the name of clan. Kapteijns argues that the mutual forgiveness for which politicians often so lightly call is not a feasible proposition as long as the violent acts for which Somalis should forgive each other remain suppressed and undiscussed. Clan Cleansing in Somalia establishes that public acknowledgment of the ruinous turn to communal violence is indispensable to social and moral repair, and can provide a gateway for the critical memory work required from Somalis on all sides of this multifaceted conflict.