Accessing and Implementing Human Rights and Justice


Book Description

Accessing human rights and justice mechanisms is a pressing issue in global politics. Although an understanding of justice is inherent in broad human rights discourses, there is no clear consensus on how to develop adequate means of accessing them in order to make a difference to people’s lives. Further, expansions of the boundaries of both human rights and justice make any clear and settled understanding of the relation difficult to ascertain. This volume tackles these issues by focusing on the dilemmas of accessing and implementing human rights and justice across a range of empirical contexts while also investigating a range of conceptual approaches to, and understandings of, justice, including issues of equality, retribution, and restoration, as well as justice as a transnational professional project. The contributors, representing a range of disciplinary backgrounds and diverse voices, offer empirical examples from Afghanistan, Democratic Republic of the Congo, Syria, Tunisia, and Uganda to explore the issues of accessing and implementing human rights and justice in conflict, post-conflict, and transitional settings. This work will be of interest to students and scholars of international relations, human rights, international criminal justice, and conflict response.




Human Rights and Justice


Book Description

Although an understanding of justice is inherent in broad human rights discourses, there is no clear consensus on how to integrate and reconcile these concepts. This volume examines a range of philosophical, economic, and social perspectives that are key to understanding the nature of the linkages between human rights and justice.




Gender, Poverty and Access to Justice


Book Description

Access to justice is a fundamental right guaranteed under a wide body of international, regional and domestic law. It is also an essential component of development policies which seek to adequately respond to the multidimensional deprivations faced by the poor in order to improve socio-economic well-being and advance the progress of the Sustainable Development Goals. Women and children make up most of Africa’s poorest and most marginalized population, and as such are often prevented from enforcing rights or seeking other recourse. This book explores and analyzes the issue of gendered access to justice, poverty and disempowerment across Sub-Saharan Africa (SSA), and provides policy discussions on the integration of gender in justice programming. Through individual country case studies, the book focuses on the challenges, obstacles and successes of developing and implementing gender focused access to justice policies and programming in the region. This multidisciplinary volume will be of interest to policy makers as well as scholars and researchers focusing on poverty and gender policy across law, economics and global development in Sub-Saharan Africa. Additionally, the volume provides policy discussion applicable in other geographical areas where access to justice is elusive for the poor and marginalized.




Access to Justice


Book Description




Marginalized Communities and Access to Justice


Book Description

Marginalized Communities and Access to Justice is a comparative study, by leading researchers in the field of law and justice, of the imperatives and constraints of access to justice among a number of marginalized communities. A central feature of the rule of law is the equality of all before the law. As part of this equality, all persons have the right to the protection of their rights by the state, particularly the judiciary. Therefore equal access to the courts and other organs of the state concerned with the enforcement of the law is central. These studies – undertaken by internationally renowned scholars and practitioners – examine the role of courts and similar bodies in administering the laws that pertain to the entitlements of marginalized communities, and address individuals' and organisations' access to institutions of justice: primarily, but not exclusively, courts. They raise broad questions about the commitment of the state to law and human rights as the principal framework for policy and executive authority, as well as the impetus to law reform through litigation. Offering insights into the difficulties of enforcing, and indeed of the will to enforce, the law, this book thus engages fundamental questions about value of engagement with the formal legal system for marginalized communities.




Programming for Justice


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Access to Justice as a Human Right


Book Description

In international law, as in any other legal system, respect and protection of human rights can be guaranteed only by the availability of effective judicial remedies. When a right is violated or damage is caused, access to justice is of fundamental importance for the injured individual and it is an essential component of the rule of law. Yet, access to justice as a human right remains problematic in international law. First, because individual access to international justice remains exceptional and based on specific treaty arrangements, rather than on general principles of international law; second, because even when such right is guaranteed as a matter of treaty obligation, other norms or doctrines of international law may effectively impede its exercise, as in the case of sovereign immunity or non reviewability of UN Security Council measures directly affecting individuals. Further, even access to domestic legal remedies is suffering because of the constraints put by security threats, such as terrorism, on the full protection of freedom and human rights. This collection of essays offers seven distinct perspectives on the present status of access to justice: its development in customary international law, the stress put on it in times of emergency, its problematic exercise in the case of violations of the law of war, its application to torture victims, its development in the case law of the UN Human Rights Committee and of the European Court of Human Rights, its application to the emerging field of environmental justice, and finally access to justice as part of fundamental rights in European law.




Human Rights and Social Justice


Book Description

Offering a unique perspective that views human rights as the foundation of social justice, Joseph Wronka’s groundbreaking Human Rights and Social Justice outlines human rights and social justice concerns as a powerful conceptual framework for policy and practice interventions for the helping and health professions. This highly accessible, interdisciplinary text urges the creation of a human rights culture as a “lived awareness” of human rights principles, including human dignity, nondiscrimination, civil and political rights, economic, social, and cultural rights, and solidarity rights. The Second Edition includes numerous social action activities and questions for discussion to help scholars, activists, and practitioners promote a human rights culture and the overall well-being of populations across the globe.




Demands of Justice


Book Description

Clark demonstrates how human rights advocates developed unique tools to oppose human rights violations and seek justice in global politics.




Bringing Human Rights Home: From civil rights to human rights


Book Description

This three-volume set chronicles the history of human rights in the United States from the perspective of domestic social justice activism. First, the set examines the political forces and historic events that resulted in the U.S.'s failure to embrace human rights principles at home while actively (albeit selectively) championing and promoting human rights abroad. It then considers the current explosion of human rights activism around issues within the United States and the way human rights is transforming domestic social justice work. The first volume provides a historical perspective on the United States' ambivalent relationship with the international human rights movement. It examines the implications of recognizing domestic rights violations as a matter of international concern and the relationship between international and domestic law. It also addresses the role the Cold War and Southern opposition to international scrutiny of its Jim Crow policies and segregation played in shaping U.S. attitudes toward human rights generally and social and economic rights in particular. These factors forced social justice organizations to largely abandon employing a human rights framework in their domestic work and had a lasting impact on U.S. perspectives about fundamental rights and the role of government. The set also chronicles current domestic human rights work. Volumes two and three consider why domestic activists currently are using human rights and the tactical advantages and practical challenges posed by such strategies. These volumes cover everything from globalization to terrorism and the erosion of civil rights protections that led to a renewed interest in human rights; human rights versus civil rights strategies; and the different ways human rights can support social activism.