International Human Rights and Justice

Doug Hodgson (Editor)
Professor, Dean, School of Law, Fremantle, The University of Notre Dame Australia, Fremantle Western Australia

Series: Human Rights: Contemporary Issues and Perspectives
BISAC: POL035010

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$190.00

Volume 10

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Special issue: Resilience in breaking the cycle of children’s environmental health disparities
Edited by I Leslie Rubin, Robert J Geller, Abby Mutic, Benjamin A Gitterman, Nathan Mutic, Wayne Garfinkel, Claire D Coles, Kurt Martinuzzi, and Joav Merrick

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From their classical origins in the natural law theory of Greek and Roman philosophers and jurists to natural rights culminating in the American and French revolutions of the late 18th century, contemporary human rights have been universally recognized by the United Nations in the International Bill of Human Rights compromising the Universal Declaration of Human Rights of 1948 and the Twin Covenants of 1966. A wide array of special human rights treaties protecting racial and ethnic minorities, women, children and persons with disabilities have now been recognized and are monitored in their implementation by treaty committees, special rapporteurs and the UN Human Rights Council. The human rights expansion process continues.

International Human Rights and Justice offers a scholarly and eclectic examination and analysis of topical — and indeed controversial — human rights, equality and protection issues which confront our world today. The intended audience includes legal scholars and practitioners, human rights advocates and students who wish to increase their knowledge of (and passion for) the human rights field. The contributors include senior university academics and administrators, human rights researchers and policy-makers, philosophers, political scientists, United Nations officials and NGO representatives spanning North America, Europe, the Middle East, Africa and Australia. They have examined a wide range of human rights applications which evidence their inherent pervasiveness and dynamism in everyday life. These include:

•The scope of the human right to benefit from scientific progress
•Recent undermining of the protective mechanisms of the European Convention on Human Rights (at a time of mass refugee flows into southern Europe)
•Human rights, well-being and the case for equality in the post-2015 development agenda
•Equality of access to justice in American courts as a human right
•The protection of the reproductive rights of African women in a cultural context
•The potential for United Nations human rights norms and protective mechanisms to advance the constitutional recognition of Australian Aboriginal human rights
•Freedom of expression as a fundamental international human right and South African constitutional right
•The destruction of the cultural heritage of humanity in armed conflict as a breach of human rights
•MNCs, governments and the development of human rights infrastructure post-Washington Consensus
•The contribution of cultural practices to ensure greater protection of the human rights of African children
•The reindeer herding right in Norway and Sweden as a protected right under the European Convention on Human Rights
•Ensuring justice for the accused in criminal proceedings under the European Convention on Human Rights through the delivery of adequate interpretation and translation services (Imprint: Nova)

Foreword

Preface

Chapter 1. The Bottom of the Pyramid Countries, MNCs, and Human Rights: What Lies Beyond the Washington Consensus
Ron Berger (College of Law and Business, Ramat Gan Israel)

Chapter 2. The Premise/Promise of Well-being: Human Rights and the Case for Equality in the Post-2015 Development Agenda
Alisa Clarke (Human Rights Officer, UN Office of the High Commisioner for Human Rights, President, Global Vision Institute)

Chapter 3. Inequality, Access to the Courts, and Judicial Integrity
Barry Edwards, Allison Trochessett, Tyler Yeargain (Lecturer, Department of Political Science, University of Central Florida, Orlando, FL, USA, and others)

Chapter 4. The Strategic Use by Aboriginal Australians of International Human Rights Norms and United Nations Monitoring Mechanisms to Secure Greater Justice and Recognition of Their Rights under Australian Law and Policy
Doug Hodgson (Dean, School of Law, Fremantle, The University of Notre Dame Australia, Fremantle Western Australia)

Chapter 5. Quality of Interpretation in Interrogations of Detained Persons during the Pre-trial Stage of Criminal Investigations as a Concern under Article 5(2) of the European Convention on Human Rights
Stefan Kirchner (University Lecturer for Fundamental and Human Rights, University of Lapland, Faculty of Law, Rovaniemi, Finland, and others)

Chapter 6. The Reindeer Herding Right in Norway and Sweden as a Protected Right under the European Convention on Human Rights
Stefan Kirchner (University Lecturer for Fundamental and Human Rights, University of Lapland, Faculty of Law, Rovaniemi, Finland, and others)

Chapter 7. Protocols No. 14 and No. 15: Undermining the Protective Mechanism of the European Convention on Human Rights
Gino J. Naldi (Researcher in International Law and Human Rights and Professor Konstantinos D. Magliveras, University of the Aegean, Greece)

Chapter 8. Cultural Property as a Casualty of Armed Conflict: A Comment on the Lessons from Iraq and Syria
Lara Pratt (School of Law, The University of Notre Dame Australia)

Chapter 9. The International Human Right to Freedom of Expression: A South African Constitutional Perspective
CM van der Bank (Vaal University of Technology, South Africa)

Chapter 10. How Demanding is the Right to Benefit from Scientific Progress?
Elizabeth Victor (William Paterson University, Wayne, NJ, USA)

Chapter 11. Descent, Filiation and the Rights of Children Among the Fantse of Ghana
Alex J. Wilson (Centre for African and International Studies, University of Cape Coast, Cape Coast, Ghana)

Chapter 12. Subordination and Super-Ordination: Discourse Analysis of Medicalization of Pregnancy and Childbirth in Ghana
Alex J. Wilson, Douglas Frimpong-Nnuroh (Centre for African and International Studies, University of Cape Coast, Cape Coast, Ghana)

Index

“A challenge for the 21st century is to give practical meaning to 20th century human rights principles. How can the rights of detained persons, of ethnic children or the poor be protected? This wide ranging collection of essays explores new strategies to implement human rights through partnerships with multinational corporations and the United Nations monitoring system. National perspectives are considered including freedom of expression in South Africa, indigenous rights in Australia, the role of culture in healthcare in Ghana. The authors provide an evidence-based perspective on how ideas such as the right to science or to equal access to justice can be achieved, especially in impoverished communities. International Human Rights and Justice is an invaluable addition to the library of anyone concerned to turn human rights from aspiration to reality.” - Professor Gillian Triggs, President, Australian Human Rights Commission

“This innovative book confronts a kaleidoscope of pressing human rights issues: inequality, freedom of expression, rights to health and science, due process in detention, cultural property in armed conflict, the right of vulnerable groups such as women, children and indigenous peoples, and the overarching question of international supervision. It ranges from the global to the local and from the universal to the particular. The diversity of themes is drawn together by an overarching concern to illuminate pathways to justice in a troubled world. This book makes a valuable contribution to current human rights debates.” - Ben Saul, Professor of International Law, University of Sydney, Australia

The intended audience includes legal scholars and practitioners, human rights advocates and students (particularly those studying Law, International Relations and Political Science) who wish to increase their knowledge of, and passion for, the human rights field. The book will also be of interest to parliamentarians, policy-makers and government lawyers as well as the secretariat staff of United Nations inter-governmental organizations and non-governmental organizations (NGOs) involved in the human rights field.

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