Human Rights Law

This book explores the latest developments in law, regulations, policies, and governance structures across the African continent, focusing on key legal innovations in response to human rights impacts of business operations and activities. Featuring contributions from expert scholars and practitioners, the book provides a complete survey of the multifarious regulatory and institutional gaps that limit the coherent development and application of business and human rights law and practice at national and regional levels in Africa.

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.

Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided.

This book takes a thematic approach, illuminating the major issues in discrimination law, while imparting an in-depth understanding of the strengths and weaknesses of legal responses to complex social problems of inequality. It considers equality law in the UK, US, India, Canada, and South Africa, as well as the European Union and under the European Convention on Human Rights, the book exposes common problems across different jurisdictions and canvasses a variety of differing solutions.

This volume explores the operation of equality and discrimination law in times of crisis. It aims to understand how existing inequalities are exacerbated in crises and whether equality law has the tools to understand and address this contingency. Experience during the COVID-19 crisis shows that the pandemic has acted as a catalyst for 'exponential inequalities' related to racism, xenophobia, sexism, homophobia, transphobia, ageism, and ableism. Yet, the field of equality law (which is meant to be addressing such discrimination or inequality) has had little immediate relevance in mitigating these exponential inequalities. This book offers readers an understanding of how these inequalities came to be and how crises such as the global pandemic, the climate emergency, or the economic downturn, can exacerbate an already untenable situation. It illuminates both the structural and the conceptual, as well as the practical and doctrinal difficulties currently experienced in equality law, and discusses whether or not equality law even has the tools to both understand and then address this contingency.

Human dignity: social movements invoke it, several national constitutions enshrine it, and it features prominently in international human rights documents. But what is it, why is it important, and what is its relationship to human rights and social justice? Pablo Gilabert offers a systematic defense of the view that human dignity is the moral heart of justice. In Human Dignity and Human Rights (OUP 2019), he advanced an account of human dignity for the context of human rights discourse, which covers the most urgent, basic claims of dignity. This book extends the dignitarian approach to more ambitious claims of maximal dignity of the kind encoded in democratic socialist conceptions of social justice. In particular, this book focuses on the just organization of working practices.

This book is a pioneering exploration of Asian understandings of human dignity and human rights. It encompasses rigorous scrutiny of dignity jurisprudence in major Asian apex courts, detailed philosophical analysis of dignity in religious traditions, and contextualized socio-political analysis of religious dignity discourse in several Asian societies.

This volume in the Brill Research Perspectives in Comparative Discrimination Law addresses intersectionality from the lens of comparative antidiscrimination law.

Providing an overarching two-track theory, it combines remedies to compensate and prevent irreparable harm to litigants with a more dialogic approach to systemic remedies. It breaks new ground by demonstrating how proportionality principles can improve remedial decision-making and avoid reliance on either strong discretion or inflexible rules.

The text highlights the often-forgotten activism of women of color who are largely responsible for creating what we now know as the modern-day reproductive justice movement. The author examines their key role in re-framing reproductive rights as human rights, raising this set of issues as a priority in the United States.

"Through a comparative analysis involving 15 countries from around the world this book provides an invaluable assessment of women's equality at the global level. This book explores the constitutional protection of equality and women's rights in 15 countries drawn from Africa, America, Asia, and Europe. The work focuses on formal constitutional provisions as well as the substantial level of protection women's equality has achieved in the systems analysed. The investigations involve looking at the relevant gender-related legislation, the participation of women in the institutional arena, and the constitutional interpretation made by constitutional justice on gender issues.

What is 'modern slavery' and who is responsible for it? What is the relevance of human rights law, which primarily regulates state conduct, for practices predominantly committed by private actors? Where can victims seek justice and redress when national authorities fail to protect them? These questions are the core focus of this book. Marija Jovanovich analyses the role and responsibility of states for addressing 'modern slavery' DS a diverse set of practices usually perpetrated by non-state actors DS against the backdrop of international human rights law.

This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union.