As calls for reparations to indigenous peoples grow on every continent, issues around resource extraction and dispossession raise complex legal questions. What do these disputes mean to those ...affected? How do the narratives of indigenous people, legal professionals, and the media intersect? In this richly layered and nuanced account, Pooja Parmar focuses on indigeneity in the widely publicized controversy over a Coca-Cola bottling facility in Kerala, India. Juxtaposing popular, legal, and Adivasi narratives, Parmar examines how meanings are gained and lost through translation of complex claims into the languages of social movements and formal legal systems. Included are perspectives of the diverse range of actors involved, based on interviews with members of Adivasi communities, social activists, bureaucrats, politicians, lawyers, and judges. Presented in clear, accessible prose, Parmar's account of translation enriches debates in the fields of legal pluralism, indigeneity, and development.
"Baby safe haven" laws, which allow a parent to relinquish a newborn baby legally and anonymously at a specified institutional location-such as a hospital or fire station-were established in every ...state between 1999 and 2009. Promoted during a time of heated public debate over policies on abortion, sex education, teen pregnancy, adoption, welfare, immigrant reproduction, and child abuse, safe haven laws were passed by the majority of states with little contest. These laws were thought to offer a solution to the consequences of unwanted pregnancies: mothers would no longer be burdened with children they could not care for, and newborn babies would no longer be abandoned in dumpsters.
Yet while these laws are well meaning, they ignore the real problem: some women lack key social and economic supports that mothers need to raise children. Safe haven laws do little to help disadvantaged women. Instead, advocates of safe haven laws target teenagers, women of color, and poor women with safe haven information and see relinquishing custody of their newborns as an act of maternal love. Disadvantaged women are preemptively judged as "bad" mothers whose babies would be better off without them.
Laury Oaks argues that the labeling of certain kinds of women as potential "bad" mothers who should consider anonymously giving up their newborns for adoption into a "loving" home should best be understood as an issue of reproductive justice. Safe haven discourses promote narrow images of who deserves to be a mother and reflect restrictive views on how we should treat women experiencing unwanted pregnancy.
Interpreters and War Crimes (Edition 1) Takeda, Kayoko
International Journal of Research Studies in Language Learning,
01/2021, Letnik:
1, Številka:
4
eBook, Book Review
Odprti dostop
Taking an interdisciplinary approach, this book raises new questions and provides different perspectives on the roles, responsibilities, ethics and protection of interpreters in war while ...investigating the substance and agents of Japanese war crimes and legal aspects of interpreters’ taking part in war crimes. Informed by studies on interpreter ethics in conflict, historical studies of Japanese war crimes and legal discussion on individual liability in war crimes, Takeda provides a detailed description and analysis of the 39 interpreter defendants and interpreters as witnesses of war crimes at British military trials against the Japanese in the aftermath of the Pacific War, and tackles ethical and legal issues of various risks faced by interpreters in violent conflict.The book first discusses the backgrounds, recruitment and wartime activities of the accused interpreters at British military trials in addition to the charges they faced, the defence arguments and the verdicts they received at the trials, with attention to why so many of the accused were Taiwanese and foreign-born Japanese. Takeda provides a contextualized discussion, focusing on the Japanese military’s specific linguistic needs in its occupied areas in Southeast Asia and the attributes of interpreters who could meet such needs. In the theoretical examination of the issues that emerge, the focus is placed on interpreters’ proximity to danger, visibility and perceived authorship of speech, legal responsibility in war crimes and ethical issues in testifying as eyewitnesses of criminal acts in violent hostilities. Takeda critically examines prior literature on the roles of interpreters in conflict and ethical concerns such as interpreter neutrality and confidentiality, drawing on legal discussion of the ineffectiveness of the superior orders defence and modes of individual liability in war crimes. The book seeks to promote intersectoral discussion on how interpreters can be protected from exposure to manifestly unlawful acts such as torture.
In what ways has Islamic law discriminated against women and privileged men? What rights and power have been accorded to Muslim women, and how have they used the legal system to enhance their social ...and economic position? In an analysis of Islamic law through the prism of gender, Judith Tucker tackles these complex questions relating to the position of women in Islamic society, and to the ways in which the legal system impacted on the family, property rights, space and sexuality, from classical and medieval times to the present. Working with concepts drawn from feminist legal theory and by using particular cases to illustrate her arguments, the author systematically addresses questions of discrimination and expectation - what did men expect of their womenfolk - and of how the language of the law contributed to that discrimination, infecting the system and all those who participated in it.
Opening doors Bank, The World
2013., 2013, 02-06-2013, 2013-02-06, 2013-02-07
eBook, Book
Odprti dostop
Since the early 1990s, countries in the Middle East and North Africa (MENA) Region have made admirable progress in reducing the gap between girls and boys in areas such as access to education and ...health care. Indeed, almost all young girls in the Region attend school, and more women than men are enrolled in university. Over the past two decades, maternal mortality declined 60 percent, the largest decrease in the world. Women in MENA are more educated than ever before. It is not only in the protest squares that have seen women whose aspirations are changing rapidly but increasingly unmet. The worldwide average for the participation of women in the workforce is approximately 50 percent. In MENA, their participation is half that at 25 percent. Facing popular pressure to be more open and inclusive, some governments in the region are considering and implementing electoral and constitutional reforms to deepen democracy. These reforms present an opportunity to enhance economic, social, and political inclusion for all, including women, who make up half the population. However, the outlook remains uncertain. Finally, there are limited private sector and entrepreneurial prospects not only for jobs but also for those women who aspire to create and run a business. These constraints present multiple challenges for reform. Each country in MENA will, of course, confront these constraints in different contexts. However, inherent in many of these challenges are rich opportunities as reforms unleash new economic actors. For the private sector, the challenge is to create more jobs for young women and men. The World Bank has been pursuing an exciting pilot program in Jordan to assist young women graduates in preparing to face the work environment.
This book presents the first comprehensive analysis of the human rights of refugees as set by the UN Refugee Convention. In an era where States are increasingly challenging the logic of simply ...assimilating refugees to their own citizens, questions are now being raised about whether refugees should be allowed to enjoy freedom of movement, to work, to access public welfare programs, or to be reunited with family members. Doubts have been expressed about the propriety of exempting refugees from visa and other immigration rules, and whether there is a duty to admit refugees at all. Hathaway links the standards of the UN Refugee Convention to key norms of international human rights law, and applies his analysis to the world's most difficult protection challenges. This is a critical resource for advocates, judges, and policymakers. It will also be a pioneering scholarly work for graduate students of international and human rights law.
No federal law in the United States requires that egg or sperm donors or recipients exchange any information with the offspring that result from the donation. Donors typically enter into contracts ...with fertility clinics or sperm banks which promise them anonymity. The parents may know the donor's hair color, height, IQ, college, and profession; they may even have heard the donor's voice. But they don't know the donor's name, medical history, or other information that might play a key role in a child's development. And, until recently, donor-conceived offspring typically didn't know that one of their biological parents was a donor. But the secrecy surrounding the use of donor eggs and sperm is changing. And as it does, increasing numbers of parents and donor-conceived offspring are searching for others who share the same biological heritage. When donors, recipients, and "donor kids" find each other, they create new forms of families that exist outside of the law.
The New Kinshipdetails how families are made and how bonds are created between families in the brave new world of reproductive technology. Naomi Cahn, a nationally-recognized expert on reproductive technology and the law, shows how these new kinship bonds dramatically exemplify the ongoing cultural change in how we think about family. The issues Cahn explores in this book will resonate with anyone-and everyone-who has struggled with questions of how to define themselves in connection with their own biological, legal, or social families.
This book argues that the colonial confrontation was central to the formation of international law and, in particular, its founding concept, sovereignty. Traditional histories of the discipline ...present colonialism and non-European peoples as peripheral concerns. By contrast, Anghie argues that international law has always been animated by the 'civilizing mission' - the project of governing non-European peoples, and that the economic exploitation and cultural subordination that resulted were constitutively significant for the discipline. In developing these arguments, the book examines different phases of the colonial encounter, ranging from the sixteenth century to the League of Nations period and the current 'war on terror'. Anghie provides a new approach to the history of international law, illuminating the enduring imperial character of the discipline and its continuing importance for peoples of the Third World. This book will be of interest to students of international law and relations, history, post-colonial studies and development studies.
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