Описание: Who is a vulnerable person in human rights law?This important book assesses the treatment of vulnerability by the European Court of Human Rights, an area that has been surprisingly under-explored by European human rights law to date. It explores legal-philosophical understandings of the topic, providing a theoretical framework that can be used when examining the question. Not confining itself to the abstract, however, it provides a bridge from the theoretical to the practical by undertaking a comprehensive examination of the Court’s approach under art. 3 ECHR. It also pays particular attention to the concept of human dignity.Well written and compellingly argued, this is an important new book for all scholars of European human rights.The open access edition of this book is available under a CC BY-NC-ND 4.0 licence on www.bloomsburycollections.com. Open access was funded by the Swiss National Science Foundation.
Автор: Breuer Marten Название: Principled Resistance to Ecthr Judgments - A New Paradigm? ISBN: 3662589850 ISBN-13(EAN): 9783662589854 Издательство: Springer Рейтинг: Цена: 18167.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
The book analyses the position of the ECtHR which has been more and more confronted with criticism coming from the national sphere, including the judiciary. This culminated in constitutional court judgments declaring a particular ECtHR judgment non-executable, for reasons of constitutional law. Existing scholarship does not differentiate enough between cases of mere political unwillingness to execute an ECtHR judgment and cases where execution is blocked for legal reasons (mainly of constitutional law nature). At the same time, the discussion under EU law on national/constitutional identity limiting the reach of the former has been only loosely linked with the ECHR context. This book presents a new dogmatic concept - 'principled resistance' - to analyse such cases. Taking up examples from the national level, it strives to find out whether the legal reasoning behind 'principled resistance' shows enough commonalities in order to qualify such incidents as expression of a 'new paradigm'.
Описание: Human security provides one of the most important protections: a person-centred axis of freedom from fear, from want, and to live with dignity. It is surprising given its centrality to the human experience that the human security connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analyzing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two part approach. Firstly, it evaluates convergences between human security and all human rights-civil, political, economic, social and cultural-and constructs an investigative framework focused on the human security/human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognizing that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this book is an important contribution to human rights scholarship. Subject: Public International Law, Human Rights Law] ? ? ? ?
Название: Embracing vulnerability ISBN: 1032238313 ISBN-13(EAN): 9781032238319 Издательство: Taylor&Francis Рейтинг: Цена: 5970.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative, and a source of connection and development.
Название: Embracing Vulnerability ISBN: 1138476927 ISBN-13(EAN): 9781138476929 Издательство: Taylor&Francis Рейтинг: Цена: 22202.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book brings together legal scholars engaging with vulnerability theory to explore the implications and challenges for law of understanding vulnerability as generative, and a source of connection and development.
Описание: Human security provides one of the most important protections; a person-centred axis of freedom from fear, from want and to live with dignity. It is surprising given its centrality to the human experience, that its connection with human rights has not yet been explored in a truly systematic way. This important new book addresses that gap in the literature by analysing whether human security might provide the tools for an expansive and integrated interpretation of international human rights. The examination takes a two-part approach. Firstly, it evaluates convergences between human security and all human rights – civil, political, economic, social and cultural – and constructs an investigative framework focused on the human security-human rights synergy. It then goes on to explore its practical application in the thematic cores of violence against women and undocumented migrants in the law and case-law of UN, European, Inter-American and African human rights bodies. It takes both a legal and interdisciplinary approach, recognising that human security and its relationship with human rights cuts across disciplinary boundaries. Innovative and rigorous, this is an important contribution to human rights scholarship.
Описание: This interdisciplinary book evaluates key judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to migration. Based on this multifaceted analysis, it offers a critical discussion on how Europe`s supranational system could become more effective in protecting the rights of vulnerable migrants.
Описание: This interdisciplinary book evaluates key judgments of the European Court of Human Rights and the Court of Justice of the EU pertaining to migration. Based on this multifaceted analysis, it offers a critical discussion on how Europe`s supranational system could become more effective in protecting the rights of vulnerable migrants.
Автор: Herring, Jonathan Название: Vulnerability, childhood and the law ISBN: 3319786857 ISBN-13(EAN): 9783319786858 Издательство: Springer Рейтинг: Цена: 6986.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This book will challenge the orthodox view that children cannot have the same rights as adults because they are particularly vulnerable. It will argue that we should treat adults and children in the same way as the child liberationists claim. However, the basis of that claim is not that children are more competent than we traditionally given them credit for, but rather that adults are far less competent than we give them credit for. It is commonly assumed that children are more vulnerable. That is why we need to have a special legal regime for children. Children cannot have all the same rights as adults and need especial protect from harms. While in the 1970s “child liberationists” mounted a sustained challenge to this image, arguing that childhood was a form of slavery and that the assumption that children lacked capacity was unsustainable. This movement has significantly fallen out of favour, particularly given increasing awareness of child abuse and the multiple ways that children can be harmed at the hands of adults. This book will explore the concept of vulnerability, the way it used to undermine the interests of children and our assumptions that adults are not vulnerable in the same way that children are. It will argue that a law based around mutual vulnerability can provide an approach which avoids the need to distinguish adults and children.
Описание: This is the first book to unpack the legal and ethical issues surrounding unauthorised intimate examinations during labour. The book uses feminist, socio-legal and philosophical tools to explore the issues of power, vulnerability and autonomy. The collection challenges the perception that the law adequately addresses different manifestations of unauthorised medical touch through the lens of women’s experiences of unauthorised vaginal examinations during labour. The book unearths several broader themes that are of huge significance to lawyers and healthcare professionals such as the legal status of women and their bodies.
The book raises questions about women’s experiences during childbirth in hospital settings. It explores the status of women’s bodies during labour and childbirth where too easily they become objectified, and it raises important issues around consent. The book highlights links to the law on sexual offences and women’s loss of power under the medical gaze.
Women's Birthing Bodies and the Law includes contributions from leading feminist philosophers, healthcare professionals, and academics in healthcare and law, and offers pioneering analysis relevant to lawyers and healthcare professionals with an interest in medical law and ethics; feminist theory; criminal law; tort law; and human rights law.
Название: Privatization, vulnerability, and social responsibility ISBN: 1472489071 ISBN-13(EAN): 9781472489074 Издательство: Taylor&Francis Рейтинг: Цена: 8420.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание:
Taking a cross-cultural perspective, this book explores how privatization and globalization impact contemporary feminist and social justice approaches to public responsibility. Feminist legal theorists have long problematized divisions between the private and the political, an issue with growing importance in a time when the welfare state is under threat in many parts of the world and private markets and corporations transcend national boundaries. Because vulnerability analysis emphasizes our interdependency within social institutions and the need for public responsibility for our shared vulnerability, it can highlight how neoliberal policies commodify human necessities, channeling unprofitable social relationships, such as caretaking, away from public responsibility and into the individual private family. This book uses comparative analyses to examine how these dynamics manifest across different legal cultures. By highlighting similarities and differences in legal responses to vulnerability, this book provides important insights and arguments against the privatization of social need and for a more responsive state.
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