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This book is a full-length study of the rights of indigenous peoples in international law, focusing in particular on instruments of human rights. The primary reference point is contemporary law, though the book also examines the history of indigenous peoples through the lens of historical legal discourses. The work critically assesses the politics of definition and analyses contested definitions and descriptions of indigenous groups. Most of the chapters are devoted to detailed examination of existing and emerging human rights texts at global and regional levels. Among the instruments considered in the book are the International Covenants on Human Rights, the UN Convention on the Rights of the Child, the Convention on the Elimination of All Forms of Racial Discrimination, the African Charter on Human and People's Rights, and the ILO Conventions on Indigenous and Tribal Peoples.

Khaled Abou El Fadl

My lecture will focus on the interface and tensions between the human rights tradition and the Islamic tradition, particularly Islamic law. What is the ‘Islamic tradition’ and, more particularly, the Islamic legal tradition? Islamic law stands in a paradoxical position vis-à-vis the human rights tradition. Western scholars have argued that the roots of the human rights tradition are to be found in Judaeo-Christian Natural Law, and more specifically, in the Natural Rights tradition. 1 In my view, after post-Enlightenment Christian thought, the Islamic

in ‘War on terror’
Conor Gearty

uncommon occurrence as is obvious from a perusal of the recent annual reports from Amnesty 5 and Human Rights Watch 6 – it nevertheless cannot be described as terror or terrorist action because those terms have now come to be invariably applied to sub-state actors. Even worse, this kind of terror by the state might find itself with luck and a bit of careful spin being reclassified as counter-terrorism, in other words as inherently good in the same way that terrorism is inherently bad. The evolution of the term ‘terrorism’ from a description of a kind of

in ‘War on terror’
A reflective narrative
Patrick Thornberry

Indigenous peoples and HR 17 Indigenous peoples and the discourses of human rights: a reflective narrative The system of human rights is not closed. It is theoretically possible that forms of closure of normative categories will in time descend on indigenous groups, disabling the groups (normatively) from accessing minority rights, just as minorities are not encouraged to access indigenous rights. Such an outcome is not certain, and appears improbable in the present state of international law and relations. Closing off categories is also dubious morally and

in Indigenous peoples and human rights
Paul Johnson

107 6 Paul Johnson Beliefs about the European Court of Human Rights in the United Kingdom Parliament Introduction There is widespread and growing mistrust of the European Court of Human Rights (ECtHR) in the United Kingdom (UK). Recent high-​profile judgments against the UK on issues such as the disfranchisement of offenders in prison (Hirst v the United Kingdom (no. 2), 2005) and the irreducibility of ‘whole life orders’ imposed on prisoners (Vinter and Others v the United Kingdom, 2013) have led senior politicians to claim that the ECtHR has ‘discredited

in Law in popular belief
Shaun T. O’Keeffe

7 Older people, human rights, law and policy Mary Keys Introduction There is general recognition that the population of the world is ageing faster than at any other time in history and those over 60 are the fastest growing population worldwide. Almost 700 million people are now over 60. In 2050, that figure will be over 2 billion and for the first time in human history, there will be more people over 60 than children in the world­– ­more than one in five of the world’s population will be aged 60 or older (UN DESA, 2012). Gender is an issue in the midst of these

in Ethical and legal debates in Irish healthcare
Melanie Klinkner

In the aftermath of conflict and gross human rights violations, victims have a right to know what happened to their loved ones. Such a right is compromised if mass graves are not adequately protected to preserve evidence, facilitate identification and repatriation of the dead and enable a full and effective investigation to be conducted. Despite guidelines for investigations of the missing, and legal obligations under international law, it is not expressly clear how these mass graves are best legally protected and by whom. This article asks why, to date, there are no unified mass-grave protection guidelines that could serve as a model for states, authorities or international bodies when faced with gross human rights violations or armed conflicts resulting in mass graves. The paper suggests a practical agenda for working towards a more comprehensive set of legal guidelines to protect mass graves.

Human Remains and Violence: An Interdisciplinary Journal
Jeremy Sarkin

This article examines the ways in which missing persons have been dealt with, mainly in the former Yugoslavia, to show how the huge advances made in the search for, recovery and identification of those who disappeared is positively impacting on the ability of families to find their loved ones. The article surveys the advances made in dealing with the missing on a range of fronts, including the technical and forensic capacities. It examines some of the other developments that have occurred around the world with regard to the search for, recovery and identification of people and makes recommendations on how to make improvements to ensure that the rights of families around the world, as well as a range of other human rights, including truth and justice, are enhanced.

Human Remains and Violence: An Interdisciplinary Journal
Marco Aurelio Guimarães, Raffaela Arrabaça Francisco, Martin Evison, Edna Sadayo Miazato Iwamura, Carlos Eduardo Palhares Machado, Ricardo Henrique Alves da Silva, Maria Eliana Castro Pinheiro, Diva Santana, and Julie Alvina Guss Patrício

Exhumation may be defined as the legally sanctioned excavation and recovery of the remains of lawfully buried or – occasionally – cremated individuals, as distinct from forensic excavations of clandestinely buried remains conducted as part of a criminal investigation and from unlawful disinterment of human remains, commonly referred to as bodysnatching. The aim of this article is to review the role of exhumation – so defined – in the activities of CEMEL, the Medico-Legal Centre of the Ribeirão Preto Medical School-University of São Paulo, in international, regional and local collaborations. Exhumations form part of routine forensic anthropology casework; scientific research in physical and forensic anthropology; and forensic casework conducted in collaboration with the Brazilian Federal Police; and are carried out as part of humanitarian investigations into deaths associated with the civil–military dictatorship of 1964 to 1985. This article aims to offer a non-technical summary – with reference to international comparative information – of the role of exhumation in investigative and scientific work and to discuss developments in their historical and political context.

Human Remains and Violence: An Interdisciplinary Journal
Abstract only
The Oxford Amnesty Lectures 2006
Editor: Chris Miller

'Terror' is a diffuse notion that takes no account of local particularities and 'war on terror' is a contradiction in terms. This book is based on the lectures that were given on the subject in Oxford in 2006. Amnesty has described 'war on terror' as a war on human rights. It is also a contest of narratives: stories that the protagonists tell about themselves, about their enemies, and about what is happening now. The book considers how the recent actions of the United States have stressed and stretched two areas of international law: the right of self-defence, and the rules of international humanitarian law. State terrorism, with a bit of careful spin, can be reclassified as counter-terrorism, in other words as inherently good in the same way that terrorism is inherently bad. The book engages with the politico-conceptual difficulties of distinguishing between war and terrorism. The interface and tensions between the human rights tradition and the Islamic tradition, particularly Islamic law, is discussed. The intensification of Western repression against Islamic thinkers or activists has at times been coupled with policies that seemed designed to change the religious trajectory of society. The sexualization of torture is only one way in which the 'war on terror' has delineated who is (and who is not) human. Religion, human rights, and trauma narratives are three other mechanisms for rationalizing suffering. The book also discusses the subject of censuring reckless killing of innocent civilians by the issue of fatwas by Muslim teachers.