This book examines the intersection between incarceration and human rights. It is about why independent inspection of places of custody is a necessary part of human rights protection, and how that independence is manifested and preserved in practice. Immigration and asylum policies ask crucial questions about national identity, about human rights, and about our values as compassionate citizens in an era of increasingly complex international challenges. The book deals with the future of prisons and shows how the vulnerable population has been unconscionably treated. To arrive at a proper diagnosis of the expansive use and abuse of the prison in the age of economic deregulation and social insecurity, it is imperative that we effect some analytic breaks with the gamut of established approaches to incarceration. The book explores the new realities of criminal confinement of persons with mental illness. It traces the efforts of New Right think-tanks, police chiefs and other policy entrepreneurs to export neoliberal penality to Europe, with England and Wales acting as an 'acclimatization chamber'. In a series of interventions, of which his Oxford Amnesty Lecture is but one, Loic Wacquant has in recent years developed an incisive and invaluable analysis of the rise and effects of what he calls the penal state.
This book takes the transatlantic conflict over the International Criminal Court (ICC) as the lens for an enquiry into the normative foundations of international society. It shows how the way in which actors refer to core norms of the international society, such as sovereignty and human rights, affect the process and outcome of international negotiations. The book offers an innovative take on the long-standing debate over sovereignty and human rights in international relations. It goes beyond the simple and sometimes ideological duality of sovereignty versus human rights by showing that they are not competing principles in international relations, as is often argued, but complement each other. The way in which the two norms and their relationship are understood lies at the core of actors' broader visions of world order. The book shows how competing interpretations of sovereignty and human rights and the different visions of world order that they imply fed into the transatlantic debate over the ICC and transformed this debate into a conflict over the normative foundations of international society.
This book argues for greater openness in the ways we approach human rights and international rights promotion, and in so doing brings some new understanding to old debates. Starting with the realities of abuse rather than the liberal architecture of rights, it casts human rights as a language for probing the political dimensions of suffering. Seen in this context, the predominant Western models of right generate a substantial but also problematic and not always emancipatory array of practices. These models are far from answering the questions about the nature of political community that are raised by the systemic infliction of suffering. Rather than a simple message from ‘us’ to ‘them’, then, rights promotion is a long and difficult conversation about the relationship between political organisations and suffering. Three case studies are explored: the Tiananmen Square massacre, East Timor's violent modern history and the circumstances of indigenous Australians. The purpose of these discussions is not to elaborate on a new theory of rights, but to work towards rights practices that are more responsive to the spectrum of injury that we inflict and endure.
Human rights and humanitarian diplomacy provides an up to date and accessible overview of the field, and serves as a practical guide to those seeking to engage in human rights work. Pease argues that while human rights are internationally recognised, important disagreements exist on definition, priority and implementation. With the help of human rights diplomacy, these differences can be bridged, and a new generation of human rights professionals will build better relationships.
This book offers a timely exploration of the nature and scale of the emergent EU human rights regime by critically examining how and why EU intervention in human rights matters (with a key focus on child protection in Romania) as part of Eastern enlargement, has had feedback effects on the EU’s own institutional and policy structures. By drawing on the human rights conditionality (particularly in relation to children’s rights) as applied to Romania, this book demonstrates that the feedback effects regarding children’s rights have transformed the EU institutions’ role and scope in this policy area both in EU internal and external human rights dimensions. The process-tracing dimension illustrates why policy issues emerge on EU political agenda, which is in line with agenda-setting processes, and why they persist over time, which reflects historical institutionalist accounts. It is also shown that Eastern enlargement has raised the profile of Roma protection, international adoptions, the disabled and mental health at the EU level. The impact of these developments has been further reinforced by the constitutional and legal provisions included in the Lisbon Treaty. It is argued that Eastern enlargement along with the post-Lisbon constitutional changes have generated the emergence of a more robust and well-defined EU human rights regime in terms of its constitutional, legal and institutional clout.
The Union is
founded on the principles of liberty, democracy, respect for
humanrights and fundamental freedoms, and the rule of law,
principles which are common to Member States. TEU Article
Can humanrights accommodate pluralism?
There are many ways to approach the topic selected for this year’s Oxford
Amnesty Lectures. I have chosen to examine it from the following angle: Can humanrights accommodate pluralism? I am especially interested in two questions: (1) Do
humanrights transcend cultural and religious differences? (2) What does the
answer to this question imply for our understanding of democracy in a global context? I will begin by examining the supposedly universal relevance
From Eastern enlargement to the Lisbon Treaty and beyond
European Union humanrights regime:
from Eastern enlargement to the Lisbon
Treaty and beyond
The Nobel Peace Prize 2012 is awarded to [the] European Union as: ‘the
Union and its forerunner have, for over six decades, contributed to the
advancement of peace and reconciliation, democracy and humanrights in
This chapter examines the key features and scope of the emergent European
Union (EU) humanrights regime in the light of Eastern enlargement and
the Lisbon Treaty provisions. The EU has been recently hailed as a
THE IDEA OF humanrights covers a complex and fragmentary terrain. As R. J. Vincent comments near the beginning of his work on humanrights in international relations, ‘humanrights’ is a readily used term that has become a ‘staple of world politics’, the meaning of which is by no means self-evident (1986: 7). After glossing the term as the ‘idea that humans have rights’ (1986: 7) – a deceptively simple approach – Vincent notes that this is a profoundly contested territory, philosophically as well as politically. This is not surprising, as
Humanrights and humanitarian diplomacy is the bargaining, negotiating, and advocating process involved with promoting and protecting international humanrights and humanitarian principles. This diplomacy is also a secondary mechanism for discovering or defining new rights and principles. For centuries, diplomacy in general was the exclusive preserve of states. States use diplomacy as a foreign policy tool to achieve complicated and often competing goals. Today, humanrights and humanitarian diplomacy is conducted on many levels by individuals who