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This book provides a comparative constitutional analysis of executive clemency, with a focus on death penalty cases. Comparative executive clemency has never been the subject of a full-length comparative constitutional analysis, and the breadth of jurisdictions contained in this book¿encompassing the entire English-speaking world¿provides a full range of cultural and political variations in the level of deference given to executive decision-making.
This book explores the rights of older people and their quality of care once they are living in a care home, and considers how we can commence the journey towards a human rights framework to ensure decent and dignified care for older people. The book takes a comparative approach to challenges facing the care home sector for older people in Africa, the Arab world, Australia, China, England, Israel, Japan and the USA, with an international panel of experts identifying how their particular society cares for its older and oldest people, the extent to which demographic and economic change has placed their system under pressure and the role that residential elder care homes play in their culture.
This edited volume challenges the territorial bias of traditional human rights law, in which human rights obligations are in principle incumbent on the territorial state. The first part of this volume examines the current state of the extraterritorial human rights obligations of international financial institutions, looking in particular at the ways in which they address questions of attribution and distribution of obligations (and responsibility for violations). The second part is geared towards the identification of common principles that may underpin a human rights legal regime that incorporates obligations of extraterritorial states as well as of non-state actors. Each chapter examines novel and forward-looking perspectives in the field, and explores how the findings may apply across international human rights law in a multi duty-bearer setting.
Business and human rights has emerged as a distinct field within the corporate governance movement. This book draws on the UN Guiding Principles and recent national plans of action, to provide an overview of relevant developments within the ASEAN region. Bridging theory and practice, the editors have positioned this book at the intersection of human rights risk and its regulation. The book sheds light on how stakeholders currently approach business and human rights, and explores how the role of ASEAN States, and that of the institution itself, may be strengthened.
This book provides detailed analysis and critique of the dual protection of human rights in Europe through an assessment of the evolution of the legal relationship between the Court of Justice of the European Union and the European Court of Human Rights. The book offers a comprehensive consideration of the institutional framework, adjudicatory approaches, and the protection of material rights within the law of the European Union and the European Convention on Human Rights.
This book addresses the controversial issue of transnational human rights obligations in an innovative way by crafting legally sound hypothetical "judgments" from a number of adjudicatory fora. The judgments are based on real world situations where extraterritorial or transnational issues have emerged, and draw on existing international human rights law. Each hypothetical judgment is accompanied by commentary placing it in context to show how international human rights law can address issues of a transnational character. Through this method the book shows that there are a number of judicial and quasi-judicial systems where transnational human rights claims can, and should be enforced.
Based on the author's thesis (doctoral)--University College, Dublin, 2010.
This book addresses the specific position of domestic workers in the context of evolving human rights norms. Drawing upon a broad range of case studies, this book presents a thorough examination of key issues such as the commodification of care, the impact of the jurisprudence of the Court of Justice of the European Union and the European Court of Human Rights on `primary care providers¿, as well as the effect that trends in migration law have on migrant domestic workers.
This book assesses the progress the Convention on the Rights of the Child (CRC) 1989 has made in different African countries as well as in the region more generally. It considers the implementation of the CRC in terms of policy, practice and its impact on the lived experiences of children across the continent, focusing on specific themes such as HIV/AIDS, education and disability, child labour, witchcraft stigmatisation, armed conflict and religion. The volume provides a critical analysis of the progress of the CRC and identifies concrete ways forward for the better implementation of this treaty in Africa.
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