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This collection brings together a range of international contributors to stimulate discussions on time and international human rights law, a topic that has been given little attention to date. The book explores how time and its diverse forms can be understood to operate on, and in, this area of law; how time manifests in the theory and practice of human rights law internationally; and how specific areas of human rights can be understood via temporal analyses.A range of temporal ideas and their connection to this area of law are investigated. These include collective memory, ideas of past, present and future, emergency time, the times of environmental change, linearity and non-linearity, multiplicitous time, and the connections between time and space or materiality. Rather than a purely abstract or theoretical endeavour, this dedicated attention to the times and temporalities of international human rights law will assist in better understanding this law, its development, and its operation in the present. What emerges from the collection is a future - or, more precisely, futures - for time as a vehicle of analysis for those working within human rights law internationally.
Human rights are central to Palestinian society and specifically its young people, and yet there is a high degree of cynicism towards its discourse. Drawing on research in the occupied West Bank, this book explores the three layers of marginalisation faced by Palestinian young people-the occupation; the Palestinian pseudo-state; and patriarchal structures-to show how these barriers influence their understanding of, and scepticism towards, human rights. Influenced by decolonialist theories, this book illuminates how space needs to be created for the counter-narratives of the oppressed in human rights discourse which may not align with more orthodox representations of human rights. It contends that human rights in the Palestinian context (and beyond) needs to be critiqued, decolonised and ultimately transformed.
Chile's constitutional moment began as a popular demand in late 2019. This collection seizes the opportunity of this unique moment to unpack the context, difficulties, opportunities, and merits to enhance the status of environmental and social rights (health, housing, education and social security) in a country's constitution.Learning from Chilean and international experiences from the Global South and North, and drawing on the analysis of both academics and practitioners, the book provides rigorous answers to the fundamental questions raised by the construction of a new constitutional bill of rights that embraces climate and social justice. With an international and comparative perspective, chapters look at issues such as political economy, the judicial enforceability of social rights, implications of the privatisation of public services, and the importance of active participation of most vulnerable groups in a constitutional drafting process.Ahead of the referendum on a new constitution for Chile in the second half of 2022, this collection is timely and relevant and will have direct impact on how best to legislate effectively for social rights in Chile and beyond.
"This book focuses on a series of judgments by the UK's Supreme Court on the application of the right to respect for family life, contained in article 8 ECHR, to immigration decisions. These judgments have required the government to amend several aspects of its family migration policy and have become the centre of legal and political controversy, raising questions about the judicial function in a modern democracy, the influence on the legal system of European human rights law and the difficulties of controlling immigration in a globalised world. They have drawn judges into new territory and there is evidence that the senior judiciary is itself divided. Meanwhile, attempts by the government to reverse these judgments through rule changes and legislative amendment have added new layers to an already complex legal framework. In so doing, the book explains why the relationship between Article 8 and immigration is so legally and political complicated"--
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