In 2007, a majority of UN member states adopted a declaration regarding the rights of indigenous people. The declaration acknowledged a series of indigenous rights but failed to provide a concrete ...definition of who is indigenous. As a result, the term remained vague, open to interpretation and manipulation, and led to confusion and controversy. In Israel meanwhile the indigenous concept found a foothold in public discourse. The Israeli Supreme Court (ISC) first encountered the concept when Negev Bedouin citizens claimed indigenous land rights. Two years later, the ISC applied the same concept in a series of judgments regarding the status of the permanent residents of East Jerusalem. The article examines the way the international indigenous discourse has penetrated ISC rulings and analyzes the phenomenon in light of the judicial activism discourse.
This book is about Indigenous education and citizenship. Our center of attention is the politics of Indigenous education to be put into practice. We emphasise the processual aspects of both education ...and citizenship. We investigate how having both Indigenous and non- Indigenous citizens in nation state education systems is reflected in policy, pedagogy, and practice, and how to consider the implications for future forms of education and citizenship. The book contributes to knowledge about Indigenous education as a field of research, policy, and practice around the world. To reach this goal, we examine the conceptual, political, and pedagogical issues relating to Indigenous citizenship and education in four different contexts, namely Sápmi, Australia, Aotearoa New Zealand, and Namibia. Together, the contributors of the book come from different research disciplines, from Indigenous studies, education, and social anthropology to sociolinguistics, political science, and philosophy. The chapters highlight continua and diversity rather than dichotomies and unity. We look for how local practices relate to national and international demands and perspectives, and for different ways of performing citizenship. Together, we seek the connections between the local, the national and the international, and between educational policy and practice.
This book examines the idea of 'parental responsibility' in English law and what is expected of a responsible parent. The scope of 'parental responsibility', a key concept in family law, is undefined ...and often ambiguous. Yet, to date, more attention has been paid to how individuals acquire parental responsibility than to the question of the rights, powers, duties and responsibilities they have once they obtain it. This book redresses the balance by providing the first sustained examination of the different elements of parental responsibility, bringing together leading scholars to comment on specific aspects of its operation.
This book presents a sustained theoretical analysis of what rights children should possess in connection with state decision making about their personal relationships which the state does in numerous ...aspects of family law, including paternity, adoption, custody and visitation, termination of parental rights, and grandparent visitation. It examines the nature and normative foundation of adults' rights in connection with relationships among themselves and then assesses the extent to which the moral principles underlying adults' rights apply also to children. It concludes that the law should ascribe to children rights equivalent (though not identical) to those which adults enjoy, and this would require substantial changes in the way the legal system treats children, including a reformation of the rules for establishing legal parent-child relationships at birth and of the rules for deciding whether to end a parent-child relationship.
Impossible Subjects Ngai, Mae M; Ngai, Mae M
2014., 20140427, 2014-04-27
eBook
This book traces the origins of the "illegal alien" in American law and society, explaining why and how illegal migration became the central problem in U.S. immigration policy-a process that ...profoundly shaped ideas and practices about citizenship, race, and state authority in the twentieth century. Mae Ngai offers a close reading of the legal regime of restriction that commenced in the 1920s-its statutory architecture, judicial genealogies, administrative enforcement, differential treatment of European and non-European migrants, and long-term effects. She shows that immigration restriction, particularly national-origin and numerical quotas, remapped America both by creating new categories of racial difference and by emphasizing as never before the nation's contiguous land borders and their patrol.
Some images inside the book are unavailable due to digital copyright restrictions.
Abstract
In the second part of his article on Scandinavian exceptionalism, John Pratt identified certain developments that might undermine the exceptional status of Scandinavian prisons and penal ...culture. A major problem looming on the horizon, according to Pratt, was the effects of globalization on Scandinavian societies. Since then, scholars have claimed that a bifurcation is emerging in the Norwegian correctional system, with humane and inclusive punishments reserved for nationals, while a more exclusionary alternative system is being developed to respond to the perceived challenge represented by foreign nationals. The opening of Norway’s first all-foreign prison in 2013 has been seen as part of this trend. In this article, we describe three pains of imprisonment experienced by foreign national prisoners: those of (1) discrimination; (2) long-distance relationships; and (3) deportability. We argue that these are all specifically tied to the prison’s status as an all-foreign prison.
"In R. v. Ewanchuk, the Supreme Court of Canada held that sexual touching must be accompanied by express, contemporaneous consent. In doing so, the Court rejected the idea that sexual consent could ...be 'implied'. Ewanchuk was a landmark ruling, reflecting a powerful commitment to women's equality and sexual autonomy. In articulating limits on the circumstances under which women can be said to 'consent' to sexual touching, however, the decision also restricts their autonomy--specifically, by denying them a voice in determining the norms that should govern their intimate relationships and sexual lives. In Implied Consent and Sexual Assault, Michael Plaxton argues that women should have the autonomy to decide whether, and under what circumstances, sexual touching can be appropriate in the absence of express consent. Though we should exercise caution before resurrecting a limited doctrine of implied consent in the sexual sphere, there are reasons to think that sexual assault law could accommodate it without undermining the sexual autonomy or equality rights of women. In reaching this conclusion, Plaxton challenges widespread beliefs about autonomy, consent, and the objectives underpinning the offence of sexual assault in Canada. Drawing upon a range of contemporary criminal law theorists and feminist scholars, Implied Consent and Sexual Assault reconsiders the nature of mutuality in a world dominated by gender norms, the proper scope of criminal law, and the true meaning of sexual autonomy."--
While young children's rights have received considerable attention and have accordingly advanced over the past two decades, the rights of adolescents have been neglected. This manifests itself in ...pervasive gender-based violence, widespread youth disaffection and unemployment, concerning levels of self-abuse, violence and antisocial engagement, and serious mental and physical health deficits. The cost of inaction on these issues is likely to be dramatic in terms of human suffering, lost social and economic opportunities, and threats to global peace and security. Across the range of disciplines that make up contemporary human rights, from law and social advocacy to global health, history, economics, sociology, politics, and psychology, it is time, the contributors of this volume contend, for adolescent rights to occupy a coherent place of their own.
Human Rights and Adolescencepresents a multifaceted inquiry into the global circumstances of adolescents, focusing on the human rights challenges and socioeconomic obstacles young adults face. Contributors use new research to advance feasible solutions and timely recommendations for a wide range of issues spanning all continents, from relevant international legal norms to neuropsychological adolescent brain development, gender discrimination in Indian education to Colombian child soldier recruitment, stigmatization of Roma youth in Europe to economic disempowerment of Middle Eastern and South African adolescents. Taken together, the research emphasizes the importance of dedicated attention to adolescence as a distinctive and critical phase of development between childhood and adulthood and outlines the task of building on the potential of adolescents while providing support for the challenges they experience.
Contributors: Theresa S. Betancourt, Jacqueline Bhabha, Krishna Bose, Neera Burra, Malcolm Bush, Jocelyn DeJong, Elizabeth Gibbons, Katrina Hann, Mary Kawar, Orla Kelly, David Mark, Margareta Matache, Clea McNeely, Glaudine Mtshali, Katie Naeve, Elizabeth A. Newnham, Victor Pineda, Irene Rizzini, Elena Rozzi, Christian Salazar Volkmann, Shantha Sinha, Laurence Steinberg, Kerry Thompson, Jean Zermatten, Moses Zombo.
A series of articles commissioned for a conference on aboriginal peoples and federal/provincial responsibility in Canada held in Ottawa in 1988. Covers topics of government jurisdiction versus ...responsibility; aboriginal self-government, programs and services for aboriginal peoples.
Abstract
We explore the relevance of procedural justice theory for understanding the relationship between police and marginalized groups and individuals. Analysis is based on ethnographic research ...into the policing of the street population in an inner London borough through shadowing policing patrols and embedding observation within the homeless community. Police–street population relationships appear characterized by: (1) a structural context of extreme disempowerment; (2) a micro-sociological dimension relating to the exercise of authority and (3) a dynamic power relationship characterized by ‘the game of cat and mouse’. The nature of interactions within this context and the extreme marginality of the street population alter the weight placed on fairness perceptions and the extent to which police activity can affect legitimacy and compliance.
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