The COVID-19 pandemic has dominated media and scholarly literature since 2020. The impact(s) of crisis management on democracy, legitimacy, human rights, minorities, marginalized groups, and persons ...belonging to them are mentioned but seldom the main focus. From the perspective of human rights, protection of minorities, and the principle of non-discrimination in multilevel systems in Europe, the paper discusses certain conceptual, terminological, and methodological problems in studying such complex dynamic phenomena and argues that qualitative approaches might be the most suitable for studying the perceptions of persons belonging to diverse minorities on democracy and the legitimacy of crisis management and governance.
Has Russia turned from “Paul to Saul” with regards to international humanitarian law (IHL)? This book aims to answer this question by contrasting the past and the present. Firstly, it offers a ...comprehensive account of the remarkable Russian contributions to IHL since 1850. Secondly, it analyses Russia’s current approach to IHL, drawing on a wide range of legislation, case law, diplomatic records, and military practice. Finally, the author contrasts the past and the present – not without embedding his findings in the changed context of our time. The book is aimed at international law experts as well as people interested in legal history. Its author is an IHL researcher and practitioner with extensive experience in the post-soviet world.
The Internet's importance for freedom of expression and other rights comes in part from the ability it bestows on users to create and share information, rather than just receive it. Within the ...context of existing freedom of expression guarantees, this book critically evaluates the goal of bridging the 'digital divide' - the gap between those who have access to the Internet and those who do not. Central to this analysis is the examination of two questions: first, is there a right to access the Internet, and if so, what does that right look like and how far does it extend? Second, if there is a right to access the Internet, is there a legal obligation on States to overcome the digital divide?
Through examination of this debate's history, analysis of case law in the European Court of Human Rights and Inter-American Court of Human Rights, and a case study of one digital inclusion programme in Jalisco, Mexico, this book concludes that there is indeed currently a legal right to Internet access, but one that it is very limited in scope. The 2012 Joint Declaration on Freedom of Expression and the Internet is aspirational in nature, rather than a representative summary of current protections afforded by the international human rights legal framework. This book establishes a critical foundation from which some of these aspirations could be advanced in the future. The digital divide is not just a human rights challenge nor will it be overcome using human rights law alone. Nevertheless, human rights law could and should do more than it has thus far.
Policing Humanitarianism examines the ways in which European Union policies aimed at countering the phenomenon of migrant smuggling affects civil society actors' activities in the provision of ...humanitarian assistance, access to rights for irregular immigrants and asylum seekers. It explores the effects of EU policies, laws and agencies' operations in anti-migrant smuggling actions and their implementation in the following EU Member States: Italy, Greece, Hungary and the UK.The book critically studies policies designed and implemented since 2015, during the so called 'European refugee humanitarian crisis'. Building upon the existing academic literature covering the 'criminalisation of migration ' in the EU, the book examines the wider set of punitive, coercive or control-oriented dynamics affecting Civil Society Actors' work and activities through the lens of the notion of ' policing the mobility society'. This concept seeks to provide a framework of analysis that allows for an examination of a wider set of practices, mechanisms and tools driven by a logic of policing in the context of the EU Schengen border framework: those which affect not only people, who move (qualified as third- country nationals for the purposes of EU law), but also people who mobilise in a rights-claiming capacity on behalf of and with immigrants and asylum- seekers.
In Sexual Orientation and Gender Identity Discrimination Holning Lau offers an incisive review of the conceptual questions that arise as legal systems around the world grapple with whether and how to ...protect people against sexual orientation and gender identity discrimination. Readership: All interested in LGBT rights (i.e., SOGI rights). This audience ranges from students to seasoned LGBT rights experts who specialize in a particular country/region and are seeking to learn about other parts of the world.
Welchen Beitrag kann das Recht auf Nahrung zur Überwindung der globalen Ernährungskrise leisten? Statt das Ziel einer hungerfreien Welt als Utopie abzutun, werden Menschenrechtsklagen als wirksame ...Instrumente beschrieben, um Diskurse über Ursachen von Nahrungsunsicherheit anzuregen und die Ergreifung notwendiger Anti-Hunger-Programme zu beschleunigen. Aufbauend auf der nationalen und internationalen Rechtsprechung zum „right to food“ werden drei Zugangsrechte entwickelt: das Recht auf soziale Fürsorge, das Recht auf ein ausreichendes Einkommen und das Recht auf Selbstversorgung. Angesichts globaler Gefährdungslagen, die sich etwa in abrupt schwankenden Weltagrarpreisen sowie dem Klimawandel offenbaren, wird zudem eine transnationale Schutzdimension begründet. Die Bedeutung grenzüberschreitender Menschenrechtsdiskurse wird exemplarisch anhand von zwei Fallstudien zum Agrardumping und zur Förderung von Biokraftstoffen verdeutlicht.
The remarkable volume collects essays and studies on the Charter of Fundamental Rights of the European Union and its application. Its aim is to offer a series of contributions, made by distinguished ...scholars and legal experts, on the Charter considered as a living legal instrument, with a view to understanding whether, five years after its entry into force and fifteen years after its first proclamation, it is being taken seriously, and whether its use and effective impact within the legal orders and practice of the European Union and Member States can realistically improve in the coming years.The contributions are structured and organized around three main themes, "The EU Charter of Fundamental Rights as a Legal Instrument: General Issues", "The Charter and Social Rights", and "Assessing the Legal Impact of the Charter at the National Level". Scholars and experts participating in the book have conducted, under the supervision of its editor, extensive and in-depth analysis on the many issues raised by each of these themes. The result is a fascinating and varied collection of essays that combines high academic quality with great practical usefulness.
The aim of this article is to shed light on the situation of refugees (formally designated as asylum seekers) and undocumented migrant workers, who are among the most vulnerable inhabitants of ...Europe. Both groups face the threat of detention and deportation. The normative framework, which consists of legal standards and residential institutions, will be critically examined. Despite international standards for respecting the human rights of refugees and undocumented workers, policies of detention and deportation and the mass rejection of asylum claims leave little hope for the empowerment, autonomy and social inclusion of these persons. Instead of a straight-forward argument for closing down all detention centres and putting an end to forcible deportations, the article investigates small scale structural possibilities for inclusive - non-selective - responses to these non-citizens.
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