Bøker i Human Rights Law in Perspective-serien

This book conceptualises European Court of Human Rights' judgments on Islamic dress as manifestations of the fascist impulse in modern human rights law. The author argues that human rights are thus not an antidote to fascism but are constituted through a fascist inflection and implicated in circulating fascism in the everyday. The inability of human rights to say 'no' to laws regulating and criminalising Islamic dress in Europe engenders an institutional Islamophobia in the law and Islamic dress debate in Europe. The author interrogates the historical emergence of human rights, through a methodology of interdisciplinary, theoretical oscillations between feminism, decolonial, phenomenological and neo-Marxist thought to establish the rights/fascism dialectic. She argues that beyond exclusion and erasure the ownership of rights discourse enables the exploitation of racialised and gendered bodies for the maintenance of material and epistemological privilege with a white, Christian, male norm. It is this moment of ownership, where rights are both propertied and property, that constitutes the rights/fascism dialectic. The author goes on to argue that the rights/fascism dialectic operates at the heart of the Islamic dress debate in Europe to create the impossibility and instrumentalisation of Muslim women's bodies in European public space. The book challenges shifting legal justifications by exposing the functioning of capital, colonialism, patriarchy and power at the European Court of Human Rights in key cases such as Sahin v Turkey and SAS v France. Theoretical insights of the rights/fascism dialectic are applied to the law and Islamic dress debate in the multicultural UK, assimilationist France and at the ECtHR. The conclusion is that the Islamic dress debate in Europe manifests the gender and racial differentiation and instrumentalisation that is essential to the maintenance of human rights and the modern, capitalist state in which rights are enmeshed.

This book aims to bolster the burgeoning discourse of health and human rights and charts the history of the linkage between health and human rights.

This book demonstrates how boundaries of judicial intervention in socio economic disputes have been altered by the extension of judicial powers.

This book argues that feminism should reclaim the universal and reconstruct the theory and practice of human rights.

This monograph explores some of the conceptual issues which underpin the legal disputes which arise in relation to equality and discrimination.

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.