Chains of Justice

Chains of Justice
Author: Sonia Cardenas
Publisher: University of Pennsylvania Press
Total Pages: 493
Release: 2014-02-21
Genre: Political Science
ISBN: 0812208935

National human rights institutions—state agencies charged with protecting and promoting human rights domestically—have proliferated dramatically since the 1990s; today more than a hundred countries have NHRIs, with dozens more seeking to join the global trend. These institutions are found in states of all sizes—from the Maldives and Barbados to South Africa, Mexico, and India; they exist in conflict zones and comparatively stable democracies alike. In Chains of Justice, Sonia Cardenas offers a sweeping historical and global account of the emergence of NHRIs, linking their growing prominence to the contradictions and possibilities of the modern state. As human rights norms gained visibility at the end of the twentieth century, states began creating NHRIs based on the idea that if international human rights standards were ever to take root, they had to be firmly implanted within countries—impacting domestic laws and administrative practices and even systems of education. However, this very position within a complex state makes it particularly challenging to assess the design and influence of NHRIs: some observers are inclined to associate NHRIs with ideals of restraint and accountability, whereas others are suspicious of these institutions as "pretenders" in democratic disguise. In her theoretically and politically grounded examination, Cardenas tackles the role of NHRIs, asking how we can understand the global diffusion of these institutions, including why individual states decide to create an NHRI at a particular time while others resist the trend. She explores the influence of these institutions in states seeking mostly to appease international audiences as well as their value in places where respect for human rights is already strong. The most comprehensive account of the NHRI phenomenon to date, Chains of Justice analyzes many institutions never studied before and draws from new data released from the Universal Periodic Review Mechanism of the United Nations Human Rights Council. With its global scope and fresh insights into the origins and influence of NHRIs, Chains of Justice promises to become a standard reference that will appeal to scholars immersed in the workings of these understudied institutions as well as nonspecialists curious about the role of the state in human rights.

The Right to Development in Africa

The Right to Development in Africa
Author: Carol Chi Ngang
Publisher: BRILL
Total Pages: 433
Release: 2021-10-18
Genre: Social Science
ISBN: 9004467904

In The Right to Development in Africa, Carol Chi Ngang provides a conceptual analysis of the human right to development with a decolonial critique of the requirement to have recourse to development cooperation as a mechanism for its realisation. In his argumentation, the setbacks to development in Africa are not necessarily caused by the absence of development assistance but principally as a result of the lack of an operational model to steer the processes for development towards the highest attainable standard of living for the peoples of Africa. Basing on the decolonial and capability theories, he posits for a shift in development thinking from dependence on development assistance to an alternative model suited to Africa, which he defines as the right to development governance.

Development and the Right to Education in Africa

Development and the Right to Education in Africa
Author: A.C. Onuora-Oguno
Publisher: Springer
Total Pages: 250
Release: 2018-05-22
Genre: Social Science
ISBN: 3319903357

This book is about the right to basic education and its impact on development in Africa. It focuses on the elusive subject of litigating the right to education by examining jurisprudence from select African countries and India. The project further analyses the various challenges that impede access to education, with the attendant lack of political will to curb corruption, and calls for the building of strong institutions and the involvement of both state and non-state actors in driving development via education. It also covers the scope for legal practitioners and policy makers, and supports institutional framework in realizing the right to basic education.

The Right to Development in the African Human Rights System

The Right to Development in the African Human Rights System
Author: Serges Djoyou Kamga
Publisher: Routledge
Total Pages: 168
Release: 2018-01-29
Genre: Law
ISBN: 1351142461

The right to development (RTD) seeks to address global inequities hidden in world politics and global institutions through the game of influences played by powerful actors. The negative impacts of the Atlantic slave trade, colonialism, and the subjugation of Africa through globalisation and its institutions are key factors that have caused Africa and African people claiming their RTD. This book examines how the African continent protects the right to development, examining the nature of the RTD and controversies surrounding it and how it is implemented. The book then goes onto explore the RTD at the regional level including through the jurisprudence of the African Commission and the African Court on Human Rights, at the sub-regional level including in sub-regional courts and tribunals, at the national levels through case studies and through the African Union governance institutions. Through this examination, the author unveils what are the prospects and challenges to the realisation of the RTD in Africa.

The Ashgate Research Companion to Ethics and International Relations

The Ashgate Research Companion to Ethics and International Relations
Author: Patrick Hayden
Publisher: Routledge
Total Pages: 542
Release: 2016-04-01
Genre: Political Science
ISBN: 1317043537

While skepticism about the role of moral considerations in international politics has been influential within the discipline of international relations (IR), those writing on topics such as war, peace, rights and trade up until the twentieth century took seriously the importance of ethical values and moral debates. The 1990s and 2000s have seen a substantial growth of attention to the ways in which IR conceives and analyzes themes of an ethical nature, and how issues, problems and policies involving ethics are addressed by a variety of actors within the international system. This indispensable research companion widens the perspective from 'ethics and international relations' to 'ethics in international relations', redressing the (mis)perception that ethical concepts, principles, norms and rules are not in part constitutive of the international system and the agents acting within that system. Necessarily cross-disciplinary, expertise is drawn from IR and also philosophy, political theory, religious studies, history and law, making this an ideal volume for any library reference collection.

Essays on Contemporary Issues in African Philosophy

Essays on Contemporary Issues in African Philosophy
Author: Jonathan O. Chimakonam
Publisher: Springer Nature
Total Pages: 363
Release: 2021-11-06
Genre: Philosophy
ISBN: 303070436X

This volume is a collection of chapters about contemporary issues within African philosophy. They are issues African philosophy must grapple with to demonstrate its readiness to make a stand against some of the challenges society faces in the coming decade such as xenophobia, Afro-phobia, extreme poverty, democratic failure and migration. The text covers new methodical directions and there is focus on the conversationalist, complementarist and consolationist movements within the field as well as the place of the Indigenous Knowledge System.The collection speaks to African philosophy’s place in intellectual history with coverage of African Ethics and African socio-political philosophy. Contributors come from a variety of different backgrounds, institutions and countries. Through their innovative ideas, they provide fresh insight and intellectual energy. The book appeals to philosophy students and researchers.

The Cambridge Handbook of the Capability Approach

The Cambridge Handbook of the Capability Approach
Author: Enrica Chiappero-Martinetti
Publisher: Cambridge University Press
Total Pages: 966
Release: 2020-11-19
Genre: Business & Economics
ISBN: 1108882889

This landmark handbook collects in a single volume the current state of cutting-edge research on the capability approach. It includes a comprehensive introduction to the approach as well as new research from leading scholars in this increasingly influential multi-disciplinary field, including the pioneers of capability research, Martha C. Nussbaum and Amartya Sen. Incorporating both approachable introductory chapters and more in-depth analysis relating to the central philosophical, conceptual and theoretical issues of capability research, this handbook also includes analytical and measurement tools, as well as policy approaches which have emerged in the recent literature. The handbook will be an invaluable resource for students approaching the capability approach for the first time as well as for researchers engaged in advanced research in a wide range of disciplines, including development studies, economics, gender studies, political science and political philosophy.

Policing Global Movement

Policing Global Movement
Author: S. Caroline Taylor
Publisher: CRC Press
Total Pages: 291
Release: 2012-09-24
Genre: Computers
ISBN: 1466581247

The movement of humans across borders is increasing exponentially‘some for benign reasons, others nefarious, including terrorism, human trafficking, and people smuggling. Consequently, the policing of human movement within and across borders has been and remains a significant concern to nations. Policing Global Movement: Tourism, Migration, Human T

Protection of Socio-economic Rights in Zimbabwe. A Critical Assessment of the Domestic Framework Under the 2013 Constitution of Zimbabwe

Protection of Socio-economic Rights in Zimbabwe. A Critical Assessment of the Domestic Framework Under the 2013 Constitution of Zimbabwe
Author: Ntandokayise Ndhlovu
Publisher: Anchor Academic Publishing
Total Pages: 101
Release: 2016-09
Genre: Law
ISBN: 3960670524

Socio-economic inequality is deeply rooted in Zimbabwe due to a number of factors. One of the main factors is the exclusion of socio-economic rights as justiciable under the now repealed Lancaster House Constitution (LHC). A plethora of excessive bureaucratic actions in a number of instances left many people stranded without the recourse to the law, particularly without protection by the Constitution. To correct this historic anomaly, the 2013 Constitution was enacted. The 2013 Constitution protects both civil and political rights and socio-economic rights in the same way as justiciable rights. This provides the highest degree of interdependence and interrelatedness of all rights in the domestic legal order. In order to ensure that socio-economic rights are effectively protected and enforced, this study identifies and discusses the framework for protecting socio-economic rights under the 2013 Constitution. Firstly, the specific rights protected under the Constitution and the obligations imposed by these rights are presented. Secondly, the role of the courts in the protection of socio-economic rights is discussed. Further, some of the major conceptual and practical challenges that are likely to arise in the adjudication of socio-economic rights are identified. In this regard, the study attempts to present solutions meant to overcome the conceptual and practical challenges that are faced in the enforcement of socio-economic rights. Furthermore, this study argues that strictly adopting one of the two models of review, namely either the reasonableness approach as adopted by South African courts or the minimum core approach as expounded by the United Nations Committee on Economic Social and Cultural Rights (CESCR), will inhibit the proper enforcement of the protected rights. Therefore, courts should consider adopting an integrated model that includes both approaches to ensure that socio-economic rights are effectively protected and realised.