Human Rights


Book Description

5. Human environmental rights, Barbara Rose Johnston




The Court and the World


Book Description

In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. It is a world of instant communications, lightning-fast commerce, and shared problems (like public health threats and environmental degradation), and it is one in which the lives of Americans are routinely linked ever more pervasively to those of people in foreign lands. Indeed, at a moment when anyone may engage in direct transactions internationally for services previously bought and sold only locally (lodging, for instance, through online sites), it has become clear that, even in ordinary matters, judicial awareness can no longer stop at the water’s edge. To trace how foreign considerations have come to inform the thinking of the Court, Justice Breyer begins with that area of the law in which they have always figured prominently: national security in its constitutional dimension—how should the Court balance this imperative with others, chiefly the protection of basic liberties, in its review of presidential and congressional actions? He goes on to show that as the world has grown steadily “smaller,” the Court’s horizons have inevitably expanded: it has been obliged to consider a great many more matters that now cross borders. What is the geographical reach of an American statute concerning, say, securities fraud, antitrust violations, or copyright protections? And in deciding such matters, can the Court interpret American laws so that they might work more efficiently with similar laws in other nations? While Americans must necessarily determine their own laws through democratic process, increasingly, the smooth operation of American law—and, by extension, the advancement of American interests and values—depends on its working in harmony with that of other jurisdictions. Justice Breyer describes how the aim of cultivating such harmony, as well as the expansion of the rule of law overall, with its attendant benefits, has drawn American jurists into the relatively new role of “constitutional diplomats,” a little remarked but increasingly important job for them in this fast-changing world. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.




Rights and Realities


Book Description

First published in 1997, this volume examines the enactment of the Canadian Charter of Rights and Freedoms precipitated change within educational institutions, affecting all levels of governance, administration and day-to-day teaching. This book illustrates the ways in which such change has transpired by first presenting the significance of the Charter, and subsequently focusing on case law. The book concludes with an analysis of the politicization of the judiciary within the education sector. In essence, the primary objective of this book is to clarify the effects and implications of the Charter on and for educational practice in Canada. The secondary objective is to put the impact of the Charter into a more general political framework.




The Coming Good Society


Book Description

Two authors with decades of experience promoting human rights argue that, as the world changes around us, rights hardly imaginable today will come into being. A rights revolution is under way. Today the range of nonhuman entities thought to deserve rights is exploding—not just animals but ecosystems and even robots. Changes in norms and circumstances require the expansion of rights: What new rights, for example, are needed if we understand gender to be nonbinary? Does living in a corrupt state violate our rights? And emerging technologies demand that we think about old rights in new ways: When biotechnology is used to change genetic code, whose rights might be violated? What rights, if any, protect our privacy from the intrusions of sophisticated surveillance techniques? Drawing on their vast experience as human rights advocates, William Schulz and Sushma Raman challenge us to think hard about how rights evolve with changing circumstances, and what rights will look like ten, twenty, or fifty years from now. Against those who hold that rights are static and immutable, Schulz and Raman argue that rights must adapt to new realities or risk being consigned to irrelevance. To preserve and promote the good society—one that protects its members’ dignity and fosters an environment in which people will want to live—we must at times rethink the meanings of familiar rights and consider the introduction of entirely new rights. Now is one of those times. The Coming Good Society details the many frontiers of rights today and the debates surrounding them. Schulz and Raman equip us with the tools to engage the present and future of rights so that we understand their importance and know where we stand.




Political Economy of Human Rights


Book Description

The plethora of literature produced over the past decade in response to the perceived failure of the human rights project to deliver results for billions of people living in ‘adverse’ environments has usually focused on international legal standards and mechanisms, with little regard for the root structural realities that constrain their implementation. Hence, a text that primarily focuses on the major challenge of realisation of human rights in the context of diverse realities is urgently needed. This book, then, provides an analytical as well as inspirational text on human rights from a contextual perspective; it offers a reconceptualisation of human rights as not merely legal resources, but political tools as well. After an introduction that familiarizes the reader with some of the key concepts used throughout, the book is divided into six chapters. The first two combine a critique of the overly legal use of human rights with a reconceptualisation of their potential as powerful tools outside of the legal context. The next two chapters examine the nature of the structural challenges that face realisation, both on the global and on the local level. The last two chapters analyse two major areas of the human rights deficit: the structural non-implementation of the rights of the poor and the failing protection of non-dominant collectivities. Finally, a concluding chapter elaborates on the main findings and insights gained. The book combines rigorous juridical study with a focus on political-economic analysis of rights in context. Hence, it aims at an interdisciplinary treatment of human rights as opposed to current texts that have a tendency to be monodisciplinary. The book should be of interest to students of human rights, political economy, law and conflict studies, as well as those who work or research in these areas.




Handbook of Employment Discrimination Research


Book Description

There is much to understand about employment discrimination law as a social system. What drives the growing trend toward litigation? To what extent does discrimination persist and why does it vary by organizational and market context? How do different groups perceive discrimination and what, if anything, do they do about it? How do employers respond to discrimination law? What is the effect of broader political and legal currents? What is the relationship between anti-discrimination law and social inequality? This book presents answers, from a distinguished group of scholars, and social scientists, offering a broad reconsideration of employment discrimination and its treatment in law.




The Human Rights


Book Description

People believe that governments and systems of justice give them the human rights, through specific rules, laws, and regulations, but this is never the case. Because your human rights are yours continuously as they are innate, since you are a living human being by nature. Authorities may give you privileges, yet rights and privileges are separate concepts. In fact, authorities take away your human rights, and many times, they do so with your full agreement, in a trivial manner. Since surprisingly, you cannot have authorities and human rights simultaneously. Should authorities not take away your human rights, mostly when you break the law? No, since human rights are innate, as this is your human nature. Even more, human rights are of the third intelligent human level, while laws, beliefs, privileges, corporations, and jurisdictions are of the first fictitious level, remaining incompatible. While authorities write these laws themselves, to infringe the human rights. Everybody knows it, and everybody makes it possible, losing the human rights, while also losing themselves and their loved ones. So you always wave your human rights, and fall into their jurisdiction, where they own you entirely, and they do to you as they please. And it always happens, with humans, souls, and everyone else. But why exactly do people go against people continuously, losing themselves and the entire world? It always depends on the interaction between people, because sometimes this is harmonious, and sometimes harmful. It is always preferred to have harmony in this world, yet when you want to have more than others do, you cannot have it in a harmonious, egalitarian manner, but only by force, called robbery. And when you persist to desire more than others, you have to change the entire world on your behalf, as tyrants do. Yet this is not the human world anymore, as it is not the human meaning, but only a fictitious enterprise, where humans become merchandise themselves, while fighting and exploiting themselves, in a disconnected manner. Because many times, people create entire wars to take what others have, in an organized crime, while other times, people use fictitious schemes and trickery to determine others to hand them everything including themselves, which is the same organized crime. And again, this is not at all the human meaning, yet it is always possible, through agreements, through their agreement to give you everything, while even calling you their great king, wonderful master, good lord, helpful patron, or wonderful chief, as you are always their tyrant, serving you for life. While you are not a human being anymore, and neither are they. With the human rights always present, to assure the continuous human freedom, meaning, and fulfillment in life and in this world, and with an entire world fictitious, under oath, and serving vehemently a multitude of tyrants taking everything for themselves, so what exactly is going on? This book helps you maintain control throughout life while protecting yourself, helping you understand your status, rights, privileges, and place in life and in this world, further helping you become more aware and more responsible. Otherwise, you end up with your entire human condition altered, and therefore with all human rights infringed.




Human Rights


Book Description




Handbook of Employment Discrimination Research


Book Description

There is still much to learn about fundamental aspects of employment discrimination law as a social system. What drives the growing demand for litigation? To what extent does discrimination persist in subtle but pervasive forms and what explains how it varies by organizational and market context? How do different groups of workers perceive the extent to which they are discriminated against and what, if anything, do they do about it? How have employers responded to discrimination law? How is employment discrimination law affected by broader political and legal currents? What is the relationship between anti-discrimination law and patterns of social inequality?The chapters in this unique collection grapple with many of these issues. Questions of this scope require interdisciplinary scholarship; and this volume includes original contributions from many of the legal scholars, economists, psychologists, sociologists, political scientists, and historians who are at the forefront of new research on discrimination and law. The Handbook of Employment Discrimination Research encompasses critical discussions across different social science disciplines, as well as between legal scholars and social scientists. As a collection, the chapters suggest a broad reconsideration of employment discrimination and its treatment in law.




Human Rights


Book Description