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Pennsylvania Studies in Human Rights
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The last two decades have been marked by momentous changes in forms of governance throughout the post-Soviet region. Ukraine's political system, like those of other formerly socialist states of Eastern Europe, has often been characterized as being «in transition,» moving from a Soviet system to one more closely aligned with Western models. Anna Fournier challenges this view, investigating what is increasingly recognized as a critical aspect of contemporary global rights discourse: the active involvement of young people living in societies undergoing radical change. Fournier delineates a generation simultaneously embracing various ideological stances in an attempt to make sense of social conditions marked by the disjuncture between democratic ideals and the everyday realities of growing economic inequality. Based on extensive fieldwork in public and private schools in the Ukrainian capital city of Kyiv, Forging Rights in a New Democracy explores high-school-aged students' understanding of rights and justice, and the ways they interpret and appropriate discourses of citizenship and civic values in the educational setting and beyond. Fournier's rich ethnographic account assesses the impact on the making of citizens of both formal and informal pedagogical practices, in schools and on the streets. Chronicling her subjects' encounters with state representatives and «violent entrepreneurs» as well as their involvement in peaceful protests alongside political activists, Fournier demonstrates the extent to which young people both reproduce and challenge the liberal discourse of rights in ways that illuminate the everyday paradoxes of market democracy. By tracking students' active participation in larger contests about the nature of liberty and entitlement in the context of redefined rights, her book provides insight into emergent configurations of citizenship in the New Europe.
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Faced with the economic pressures of globalization, many countries have sought to curb the fundamental right of workers to join trade unions and engage in collective action. In response, trade unions in developed countries have strategically used their own governments' commitments to human rights as a basis for resistance. Since the protection of human rights remains an important normative principle in global affairs, democratic countries cannot merely ignore their human rights obligations and must balance their international commitments with their desire to remain economically competitive and attractive to investors. Human Rights and Labor Solidarity analyzes trade unions' campaigns to link local labor rights disputes to international human rights frameworks, thereby creating external scrutiny of governments. As a result of these campaigns, states engage in what political scientist Susan L. Kang terms a normative negotiation process, in which governments, trade unions, and international organizations construct and challenge a broader understanding of international labor rights norms to determine whether the conditions underlying these disputes constitute human rights violations. In three empirically rich case studies covering South Korea, the United Kingdom, and Canada, Kang demonstrates that this normative negotiation process was more successful in creating stronger protections for trade unions' rights when such changes complemented a government's other political interests. She finds that states tend not to respect stronger economically oriented human rights obligations due to the normative power of such rights alone. Instead, trade union transnational activism, coupled with sufficient political motivations, such as direct economic costs or strong rule of law obligations, contributed to changes in favor of workers' rights.
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Since the Korean War, gijichon —U.S. military camp towns—have been fixtures in South Korea. The most popular entertainment venues in gijichon are clubs, attracting military clientele with duty-free alcohol, music, shows, and women entertainers. In the 1990s, South Korea's rapid economic advancement, combined with the stigma and low pay attached to this work, led to a shortage of Korean women willing to serve American soldiers. Club owners brought in cheap labor, predominantly from the Philippines and ex-Soviet states, to fill the vacancies left by Korean women. The increasing presence of foreign workers has precipitated new conversations about modernity, nationalism, ethnicity, and human rights in South Korea. International NGOs, feminists, and media reports have identified women migrant entertainers as «victims of sex trafficking,» insisting that their plight is one of forced prostitution. Are women who travel to work in such clubs victims of trafficking, sex slaves, or simply migrant women? How do these women understand their own experiences? Is antitrafficking activism helpful in protecting them? In On the Move for Love , Sealing Cheng attempts to answer these questions by following the lives of migrant Filipina entertainers working in various gijichon clubs. Focusing on their aspirations for love and a better future, Cheng's ethnography illuminates the complex relationships these women form with their employers, customer-boyfriends, and families. She offers an insightful critique of antitrafficking discourses, pointing to the inadequacy of recognizing women only as victims and ignoring their agency and aspirations. Cheng analyzes the women's experience in South Korea in relation to their subsequent journeys to other countries, providing a diachronic look at the way migrant issues of work, sex, and love fit within the larger context of transnationalism, identity, and global hierarchies of inequality.
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Most Americans assume that the United States provides a gold standard for human rights—a 2007 survey found that 80 percent of U.S. adults believed that «the U.S. does a better job than most countries when it comes to protecting human rights.» As well, discussions among scholars and public officials in the United States frame human rights issues as concerning people, policies, or practices «over there.» By contrast, the contributors to this volume argue that many of the greatest immediate and structural threats to human rights, and some of the most significant efforts to realize human rights in practice, can be found in our own backyard. Human Rights in Our Own Backyard examines the state of human rights and responses to human rights issues, drawing on sociological literature and perspectives to interrogate assumptions of American exceptionalism. How do people in the U.S. address human rights issues? What strategies have they adopted, and how successful have these strategies been? Essays are organized around key conventions of human rights, focusing on the relationships between human rights and justice, the state and the individual, civil rights and human rights, and group rights versus individual rights. The contributors are united by a common conception of the human rights enterprise as a process involving not only state-defined and implemented rights but also human rights from below as promoted by activists.
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It is commonly assumed that slavery came to an end in the nineteenth century. While slavery in the Americas officially ended in 1888, millions of slaves remained in bondage across Africa, Asia, and the Middle East well into the first half of the twentieth century. Wherever laws against slavery were introduced, governments found ways of continuing similar forms of coercion and exploitation, such as forced, bonded, and indentured labor. Every country in the world has now abolished slavery, yet millions of people continue to find themselves subject to contemporary forms of slavery, such as human trafficking, wartime enslavement, and the worst forms of child labor. The Anti-Slavery Project: From the Slave Trade to Human Trafficking offers an innovative study in the attempt to understand and eradicate these ongoing human rights abuses. In The Anti-Slavery Project , historian and human rights expert Joel Quirk examines the evolution of political opposition to slavery from the mid-eighteenth century to the present day. Beginning with the abolitionist movement in the British Empire, Quirk analyzes the philosophical, economic, and cultural shifts that eventually resulted in the legal abolition of slavery. By viewing the legal abolition of slavery as a cautious first step—rather than the end of the story—he demonstrates that modern anti-slavery activism can be best understood as the latest phase in an evolving response to the historical shortcomings of earlier forms of political activism. By exposing the historical and cultural roots of contemporary slavery, The Anti-Slavery Project presents an original diagnosis of the underlying causes driving one of the most pressing human rights problems in the world today. It offers valuable insights for historians, political scientists, policy makers, and activists seeking to combat slavery in all its forms.
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Автор произведения Joel Quirk
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Unlike the Holocaust, Rwanda, Cambodia, or Armenia, scant attention has been paid to the human tragedies analyzed in this book. From German Southwest Africa (now Namibia), Burundi, and eastern Congo to Tasmania, Tibet, and Kurdistan, from the mass killings of the Roms by the Nazis to the extermination of the Assyrians in Ottoman Turkey, the mind reels when confronted with the inhuman acts that have been consigned to oblivion. Forgotten Genocides: Oblivion, Denial, and Memory gathers eight essays about genocidal conflicts that are unremembered and, as a consequence, understudied. The contributors, scholars in political science, anthropology, history, and other fields, seek to restore these mass killings to the place they deserve in the public consciousness. Remembrance of long forgotten crimes is not the volume's only purpose—equally significant are the rich quarry of empirical data offered in each chapter, the theoretical insights provided, and the comparative perspectives suggested for the analysis of genocidal phenomena. While each genocide is unique in its circumstances and motives, the essays in this volume explain that deliberate concealment and manipulation of the facts by the perpetrators are more often the rule than the exception, and that memory often tends to distort the past and blame the victims while exonerating the killers. Although the cases discussed here are but a sample of a litany going back to biblical times, Forgotten Genocides offers an important examination of the diversity of contexts out of which repeatedly emerge the same hideous realities.
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Few names are so closely connected with the cause of human rights as that of Mary Robinson. As former President of Ireland, she was ideally positioned for passionately and eloquently arguing the case for human rights around the world. Over five tumultuous years that included the tragic events of 9/11, she offered moral leadership and vision to the global human rights movement. This volume is a unique account in Robinson's own words of her campaigns as United Nations High Commissioner for Human Rights. A Voice for Human Rights offers an edited collection of Robinson's public addresses, given between 1997 and 2002, when she served as High Commissioner. The book also provides the first in-depth account of the work of the Office of High Commissioner for Human Rights. With a foreword by Kofi Annan and an afterword by Louise Arbour, the current High Commissioner for Human Rights, the book will be of interest to all concerned with international human rights, international relations, development, and politics.
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Rainforest Warriors is a historical, ethnographic, and documentary account of a people, their threatened rainforest, and their successful attempt to harness international human rights law in their fight to protect their way of life—part of a larger story of tribal and indigenous peoples that is unfolding all over the globe. The Republic of Suriname, in northeastern South America, contains the highest proportion of rainforest within its national territory, and the most forest per person, of any country in the world. During the 1990s, its government began awarding extensive logging and mining concessions to multinational companies from China, Indonesia, Canada, and elsewhere. Saramaka Maroons, the descendants of self-liberated African slaves who had lived in that rainforest for more than 300 years, resisted, bringing their complaints to the Inter-American Commission on Human Rights. In 2008, when the Inter-American Court of Human Rights delivered its landmark judgment in their favor, their efforts to protect their threatened rainforest were thrust into the international spotlight. Two leaders of the struggle to protect their way of life, Saramaka Headcaptain Wazen Eduards and Saramaka law student Hugo Jabini, were awarded the Goldman Prize for the Environment (often referred to as the environmental Nobel Prize), under the banner of «A New Precedent for Indigenous and Tribal Peoples.» Anthropologist Richard Price, who has worked with Saramakas for more than forty years and who participated actively in this struggle, tells the gripping story of how Saramakas harnessed international human rights law to win control of their own piece of the Amazonian forest and guarantee their cultural survival.
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The problem of prosecuting individuals complicit in the Nazi regime's «Final Solution» is almost insurmountably complex and has produced ever less satisfying results as time has passed. In Crimes of the Holocaust , Stephan Landsman provides detailed analysis of the International Military Tribunal prosecution at Nuremberg in 1945, the Eichmann trial in Israel in 1961, the 1986 Demanjuk trial in Israel, and the 1990 prosecution of Imre Finta in Canada. Landsman presents each case and elaborates the difficulties inherent in achieving both a fair trial and a measure of justice in the aftermath of heinous crimes. In the face of few historical and legal precedents for such war crime prosecutions, each legal action relies on the framework of its predecessors. However, this only compounds the problematic issues arising from the Nuremberg proceedings. Meticulously combing volumes of testimony and documentary information about each case, Landsman offers judicious and critical assessments of the proceedings. He levels pointed criticism at numerous elements of this relatively recent judicial invention, sparing neither judges nor counsel and remaining keenly aware of the human implications. Deftly weaving legal analysis with cultural context, Landsman offers the first rigorous examination of these problematic proceedings and proposes guideposts for contemporary tribunals. Crimes of the Holocaust is an authoritative account of the Gordian knot of genocide prosecution in the world courts, which will persist as a confounding issue as we are faced with a trial of Saddam Hussein. This volume will be compelling reading for legal scholars as well as laypersons interested in these cases and the issues they address.
African Constitutionalism and the Role of Islam - Abdullahi Ahmed An-Na'im
Pennsylvania Studies in Human RightsАннотация
Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? African Constitutionalism and the Role of Islam seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept—that of of nation-state—and its role in large-scale political and social organization. An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.
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Автор произведения Abdullahi Ahmed An-Na'im