How big a problem is torture? Are the right things being done to prevent it? What does the UN do, and why does is appear at times to be so impotent in the face of torture?
In this vitally important work, Malcolm D. Evans tells the story of torture prevention under international law, setting out what is really taking place in places of detention around the world. Challenging assumptions about torture’s root causes, he calls for what is needed to enable us to be in a better position to bring about change.
The author draws on over ten years’ experience as the Chair of the United Nations Sub-Committee for Prevention of Torture to give a frank account of the remarkable capacities of this system, what it has achieved in practice, what it has not been able to achieve – and most importantly, why.
What role does dialogue play in peacebuilding? How can community-based activities contribute to broader peace processes? What can participatory research methods add to local efforts to build peace?
In this book the authors examine these questions through their work with two different Colombian communities who have pursued dialogue amidst ongoing violence, environmental injustice and socio-economic challenges. By reflecting on what people in these contrasting places have achieved through participatory peacebuilding, the authors explore different forms of local agency, the prospects for non-extractive academic engagement, and practical and theoretical lessons for participating in peace in other conflict-affected settings.
In recent times, Greece is often viewed as the gateway to Europe for high numbers of asylum-seeking individuals, including unaccompanied minors. Between 2016 and 2020, under Greek law unaccompanied children were to be temporarily placed in a protective environment upon irregular entry, pending referral to suitable accommodation. However, in practice, they were being subjected to detention procedures instead.
Giving voice to migrant children and professionals throughout, the author combines legal analysis with criminology and unveils the reality within detention facilities. The findings demonstrate that unaccompanied children in Greece are criminalised through detention processes, while being deprived of the right to be heard.
This book promotes child-friendly practices in the international migration context, with a view to safeguarding the fundamental rights of unaccompanied minors experiencing detention upon arrival in host countries.
Taking a unique and critical approach to the study of Public Law, this book explores the main topics in UK Public Law from a range of underexplored perspectives and amplifies the voices of scholars who are underrepresented in the field. As such, it represents a much-needed complement to traditional textbooks in Public Law.
Including insights from a diverse list of contributors, the book:
Enriches students’ understanding of the dynamics that emerge within public law;
Highlights the impact of historical and societal inequities on public law norms;
Demonstrates the ways in which those norms may impact minorities and perpetuate inequalities.
With most chapters written by underrepresented or minoritised persons in the field, this text offers students a critical, rich, and insightful approach to public law.
With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law.
The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist.
By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.
As the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, been exacerbated by the global health crisis.
This book explores these inequalities, identifying three thematic strands: power and governance, gender, and marginalised communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.
Recently, there has been a global resurgence of demands for the acknowledgement of historical and contemporary wrongs, as well as for apologies and reparation for harms suffered.
Drawing on the histories of injustice, dispossession and violence in South Africa, this book examines the cultural, political and legal role and value of an apology. It examines the multiple ways in which ‘sorry’ is instituted, articulated and performed, and critically analyses its various forms and functions in both historical and contemporary moments. Bringing together an interdisciplinary team of contributors, the book’s analysis offers insights which will be invaluable to global debates on the struggle for justice.
Disabled people report high levels of harassment worldwide, often based on intersectional characteristics such as race, gender and age. However, while #MeToo and #BlackLivesMatter have highlighted ongoing experiences of sexual and racial harassment, disability harassment has received little attention.
This book focuses on legal measures to combat disability harassment at work. It sets disability harassment in its international context, including its human rights framework, and confronts the lack of empirical information by evaluating the Irish legal framework in practice.
It explores the capacity of the law to address intersectional harassment, particularly that faced by disabled women, and outlines the barriers to effective legal solutions.
The word ‘refugee’ is both evocative and contested; it means different things to different people. For lawyers, the main legal reference point is the UN Refugee Convention of 1951.
This concise and engaging book follows the structure of the Convention to explore international refugee law. Including an introduction to the historical and legal context, Colin Yeo draws on his experience as an immigration barrister to explain the present-day legal framework for global refugee protection. Chapters consider:
the loss of refugee status and exclusion;
the rights of refugees;
and state responses to refugee claims.
The book includes studies of key legal cases, reviews the successes and failures of the Convention and looks ahead to the future, including the impact of climate change and the Global Compact on Refugees.
Communicating important legal concepts in an approachable way, this is an essential guide for students, lawyers and non-specialists.
ePDF and ePUB available Open Access under CC-BY-NC licence.
During the 20th century the locus of care shifted from large institutions into the community. However, this shift was not always accompanied by liberation from restrictive practices. In 2014 a UK Supreme Court ruling on the meaning of ‘deprivation of liberty’ resulted in large numbers of older and disabled people in care homes, supported living and family homes being re-categorized as ‘detained’.
Placing this ruling in its social, historical and global context, this book presents a socio-legal analysis of social care detention in the post-carceral era. Drawing from disability rights law and the meanings of ‘home’ and ‘institution’ it proposes solutions to the Cheshire West ruling’s paradoxical implications.