Coercive Human Rights

Coercive Human Rights

This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR).

Author: Laurens Lavrysen

Publisher: Bloomsbury Publishing

ISBN: 9781509937899

Category: Law

Page: 288

View: 957

Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
Categories: Law

Coercive Human Rights

Coercive Human Rights

This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights.

Author: Laurens Lavrysen

Publisher:

ISBN: 1509937900

Category: Convention for the Protection of Human Rights and Fundamental Freedoms

Page:

View: 171

Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights. The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the European Court of Human Rights on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
Categories: Convention for the Protection of Human Rights and Fundamental Freedoms

Coercive Human Rights

Coercive Human Rights

This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR).

Author: Laurens Lavrysen

Publisher: Hart Publishing

ISBN: 1509937889

Category: Law

Page: 288

View: 366

Traditionally, human rights have protected those facing the sharp edge of the criminal justice system. But over time human rights law has become increasingly infused with duties to mobilise criminal law towards protection and redress for violation of rights. These developments give rise to a whole host of questions concerning the precise parameters of coercive human rights, the rationale(s) that underpin them, and their effects and implications for victims, perpetrators, domestic legal systems, and for the theory and practice of human rights and criminal justice. This collection addresses these questions with a focus on the rich jurisprudence of the European Court of Human Rights (ECtHR). The collection explores four interlocking themes surrounding the issue of coercive human rights: First, the key threads in the doctrine of the ECtHR on duties to mobilise the criminal law as a means of delivering human rights protection. Secondly, the factors that contribute to a readiness to demand coercive measures, including discrimination and vulnerability, and other key justificatory reasoning shaping the development of coercive human rights. Thirdly, the most pressing challenges for the ECtHR's coercive duties doctrine, including: - how it relates to theories and rationales of criminalisation and criminal punishment; - its implications for the fundamental tenets of human rights law itself; - its relationship to transitional justice objectives; and - how (far) it coheres with the imperative of effective protection for persons in precarious or vulnerable situations. Fourthly, the (prospective) evolution of the coercive human rights doctrine and its application within national jurisdictions.
Categories: Law

Coercive Care

Coercive Care

The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments.

Author: Bernadette Mcsherry

Publisher: Routledge

ISBN: 9781135016579

Category: Law

Page: 368

View: 559

There has been much debate about mental health law reform and mental capacity legislation in recent years with the UN Convention on the Rights of Persons with Disabilities also having a major impact on thinking about the issue. This edited volume explores the concept of ‘coercive care’ in relation to individuals such as those with severe mental illnesses, those with intellectual and cognitive disabilities and those with substance use problems. With a focus on choice and capacity the book explores the impact of and challenges posed by the provision of care in an involuntary environment. The contributors to the book look at mental health, capacity and vulnerable adult’s care as well as the law related to those areas. The book is split into four parts which cover: human rights and coercive care; legal capacity and coercive care; the legal coordination of coercive care and coercive care and individuals with cognitive impairments. The book covers new ground by exploring issues arising from the coercion of persons with various disabilities and vulnerabilities, helping to illustrate how the capacity to provide consent to treatment and care is impaired by reason of their condition.
Categories: Law

The Public Uses of Coercion and Force

The Public Uses of Coercion and Force

This book aims to explore that connection through the lens of the relationship between law and (just) war theory from a Kantian perspective.

Author: Ester Herlin-Karnell

Publisher: Oxford University Press

ISBN: 9780197519103

Category: Law

Page: 360

View: 345

"The need to replace force with law is central to a Kantian theory of war. In such a theory the only ground for using force is the prevention of wrongful force. War is barbaric and wrongful. A key theme in Kantian political and legal philosophy is every individual's right to independence, which can only be secured through a legitimate state, which in turn is obliged to repudiate war and pursue peace. Yet the Kantian project of achieving perpetual peace among states seems (at best) an unfulfilled hope. The wider category of global justice does not fare much better, at least according to most theorists. The modern state is often portrayed as a major obstacle to both peace and global justice. Kantian theories are distinctive insofar as they try to carve out a relatively hopeful role for the state in international affairs, though one that is grounded in an analysis of the state's nature rather than being driven by completely abstract moral considerations. Modern states' authority claims and their exercise of power and sovereignty span a spectrum from the most stringently and explicitly codified- the constitutional level- to the most fluid and turbulent- acts of war. Inter alia, that suggests a specific connection between constitutionalism and just war theory, as both concern the justifiability of state action vis- à- vis individuals as well as states. This book aims to explore that connection through the lens of the relationship between law and (just) war theory from a Kantian perspective. The various contributions in this book investigate both extremes of the spectrum: national and transnational constitutionalism and acts of war, and their relationship. The key questions considered- directly or indirectly- by all the contributors are the following: what, if any, are the normatively salient differences between states' internal coercion and the external use of force? Is it possible to isolate the constitutional level from other aspects of the state's coercive reach? How could that be done while at the same time guaranteeing a robust conception of human rights and adherence to the rule of law? Likewise, is war an extension of political practice or an alternative to it? New forms and technologies of warfare raise further fundamental questions about due process, individual responsibility, fairness, and broader questions pertaining to justice and the responsibility to protect. From a constitutional perspective, questions concern the justification for state action, the human rights framework, and the question of judicial review and proportionality reasoning in "emergency" contexts. The purpose of the book is to combine political theory on war, philosophy of law, criminal law theory, and constitutionalism scholarship in order to provide a new platform for understanding the contemporary law of war through a Kantian prism"--
Categories: Law

Criminalising Coercive Control

Criminalising Coercive Control

This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law.

Author: Marilyn McMahon

Publisher: Springer Nature

ISBN: 9789811506536

Category: Social Science

Page: 260

View: 882

This book considers whether coercive control (particularly non-physical forms of family violence) should be prohibited by the criminal law. Based on the premise that traditional understandings of family violence are severely limited, it considers whether the core of family violence is power-based controlling or coercive behavior: attempts by men to psychologically dominate their partners. Such behavior can cause significant psychological, physical and economic harms to victims and is increasingly recognized as a form of human rights abuse. The book considers the new offences that have been introduced in England and Wales (controlling or coercive behavior), Ireland (controlling behavior) and Scotland (domestic abuse). It invites consideration of three key questions: Do conventional criminal laws adequately regulate non-physical abuse? Is the criminal law an appropriate mechanism for responding to the coercive control of family members? And if a new and distinctive offence is warranted, what is the optimal form of that offence? This ground-breaking work is essential reading for researchers and practitioners interested in coercive control and the proper role of the criminal law as a mechanism for regulating family violence.
Categories: Social Science

Coercion and the State

Coercion and the State

A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits.

Author: David A. Reidy

Publisher: Springer Science & Business Media

ISBN: 1402068794

Category: Law

Page: 259

View: 488

A signal feature of legal and political institutions is that they exercise coercive power. The essays in this volume examine institutional coercion with the aim of trying to understand its nature, justification and limits. Included are essays that take a fresh look at perennial questions. Leading scholars from philosophy, political science and law examine these and related questions shedding new light on an apparently inescapable feature of political and legal life: Coercion.
Categories: Law

Critical Perspectives on Coercive Interventions

Critical Perspectives on Coercive Interventions

Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of ...

Author: Claire Spivakovsky

Publisher: Routledge

ISBN: 9781351657334

Category: Law

Page: 254

View: 505

Coercive medico-legal interventions are often employed to prevent people deemed to be unable to make competent decisions about their health, such as minors, people with mental illness, disability or problematic alcohol or other drug use, from harming themselves or others. These interventions can entail major curtailments of individuals’ liberty and bodily integrity, and may cause significant harm and distress. The use of coercive medico-legal interventions can also serve competing social interests that raise profound ethical, legal and clinical questions. Examining the ethical, social and legal issues involved in coerced care, this book brings together the views and insights of leading researchers from a range of disciplines, including criminology, law, ethics, psychology and public health, as well as legal and medical practitioners, social-service ‘consumers’ and government officials. Topics addressed in this volume include: compulsory treatment and involuntary detention orders in civil mental health and disability law; mandatory alcohol and drug treatment programs and drug courts; community treatment orders; the use of welfare cards with Indigenous populations; mandated treatment of seriously ill minors; as well as adult guardianship and substituted decision-making regimes. These contributions attempt to shed light on why we use coercive interventions, whether we should, whether they are effective in achieving the benefits that are offered to justify their use, and the impact that they have on some of society’s most vulnerable citizens in the names of ‘justice’ and ‘treatment’. This book is essential reading for clinicians, researchers and legal practitioners involved in the study and application of coerced care, as well as students and scholars in the fields of law, medicine, ethics and criminology. The collection asks important questions about the increasing use of coercive care that demand to be answered, and offers critical insights, guidance and recommendations for those working in the field.
Categories: Law

Human Rights State Sovereignty and Medical Ethics

Human Rights  State Sovereignty and Medical Ethics

Human Rights, State Sovereignty and Medical Ethics: Examining Struggles Around Coercive Sterilisation of Romani Women examines efforts to seek justice for Romani women coercively sterilized in the Czech and Slovak Republics.

Author: Claude Cahn

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004280342

Category: LAW

Page: 318

View: 160

Human rights, state sovereignty and medical ethics: examining struggles around coercive sterilisation of Romani women' examines the mobilized use by people and groups of the international human rights law framework to move legal, policy and ultimately social change at national and local level. One particular case study is examined in detail: efforts by Romani women in the Czech Republic and Slovakia to secure legal remedy for coercive sterilization. International legal aspects of these cases are examined in detail. The book concludes by endeavouring to answer questions concerning the nature of international law and the evolution of the post-World War II international human rights framework, the structure of national sovereignty, and the potential impact of both on human autonomy.
Categories: LAW

Coercive Diplomacy Sanctions and International Law

Coercive Diplomacy  Sanctions and International Law

This volume explores sanctions as instruments of coercive diplomacy, delving into a number of theoretical arguments and combining different perspectives from international law and international relations scholars and practitioners.

Author: Natalino Ronzitti

Publisher: Martinus Nijhoff Publishers

ISBN: 9789004299894

Category: Political Science

Page: 348

View: 194

This volume explores sanctions as instruments of coercive diplomacy, delving into a number of theoretical arguments and combining different perspectives from international law and international relations scholars and practitioners.
Categories: Political Science

Effective Strategies for Protecting Human Rights

Effective Strategies for Protecting Human Rights

This title was first published in 2001: This book brings together the experiences of a diverse range of leading human rights advocates and activists to demonstrate strategies for protecting human rights.

Author: David Barnhizer

Publisher: Routledge

ISBN: 9781351788069

Category: Law

Page: 294

View: 211

This title was first published in 2001: This book brings together the experiences of a diverse range of leading human rights advocates and activists to demonstrate strategies for protecting human rights. The volume identifies strategic problems and approaches and offers a range of strategies that hold promise for sanctioning human rights offenders and for inhibiting the behaviour of those who might otherwise engage in such activities. The contributors include, inter alia, Noam Chomsky, Justice Richard Goldstone of the Constitutional Court of South Africa who served as Chief Prosecutor of the UN War Crimes Tribunals for the former Yugoslavia and Rwanda, and David Rawson, United States Ambassador to Rwanda during the tragic genocide. Those who work in the disparate field of human rights increasingly understand the need to see the system strategically rather than piecemeal. This volume captures their insights and looks at both private and public actors, including the uses and limitations of international fora to prosecute violations. The focus is expanded to include private actions because political issues too often interfere with enforcement of human rights laws - allowing violators to hide behind the unwillingness of national governments to take action.
Categories: Law

Vaccine Epidemic

Vaccine Epidemic

Newly updated with additional chapters focusing on institutional scientific misconduct, mandates for healthcare workers, concerns about HPV vaccine development, and the story behind the Supreme Court’s recent vaccine decision, Vaccine ...

Author: Louise Kuo Habakus

Publisher: Simon and Schuster

ISBN: 9781626366640

Category: Science

Page: 512

View: 191

Public health officials state that vaccines are safe and effective, but the truth is far more complicated. Vaccination is a serious medical intervention that always carries the potential to injure and cause death as well as to prevent disease. Coercive vaccination policies deprive people of free and informed consent—the hallmark of ethical medicine. Americans are increasingly concerned about vaccine safety and the right to make individual, informed choices together with their healthcare practitioners. Vaccine Epidemic focuses on the searing debate surrounding individual and parental vaccination choice in the United States. Habakus, Holland, and Rosenberg edit and introduce a diverse array of interrelated topics concerning the explosive vaccine controversy, including the ethics of vaccination mandates, corrupting conflicts of interest in the national vaccine program, and personal narratives of parents, children, and soldiers who have suffered vaccine injury. Newly updated with additional chapters focusing on institutional scientific misconduct, mandates for healthcare workers, concerns about HPV vaccine development, and the story behind the Supreme Court’s recent vaccine decision, Vaccine Epidemic remains the essential handbook for the vaccination choice movement and required reading for all people contemplating vaccination for themselves and their children.
Categories: Science

Preventive Justice

Preventive Justice

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford.

Author: Andrew Ashworth

Publisher: OUP Oxford

ISBN: 9780191021046

Category: Law

Page: 310

View: 254

This book arises from a three-year study of Preventive Justice directed by Professor Andrew Ashworth and Professor Lucia Zedner at the University of Oxford. The study seeks to develop an account of the principles and values that should guide and limit the state's use of preventive techniques that involve coercion against the individual. States today are increasingly using criminal law or criminal law-like tools to try to prevent or reduce the risk of anticipated future harm. Such measures include criminalizing conduct at an early stage in order to allow authorities to intervene; incapacitating suspected future wrongdoers; and imposing extended sentences or indefinate on past wrongdoers on the basis of their predicted future conduct - all in the name of public protection and security. The chief justification for the state's use of coercion is protecting the public from harm. Although the rationales and justifications of state punishment have been explored extensively, the scope, limits and principles of preventive justice have attracted little doctrinal or conceptual analysis. This book re-assesses the foundations for the range of coercive measures that states now take in the name of prevention and public protection, focussing particularly on coercive measures involving deprivation of liberty. It examines whether these measures are justified, whether they distort the proper boundaries between criminal and civil law, or whether they signal a larger change in the architecture of security. In so doing, it sets out to establish a framework for what we call 'Preventive Justice'.
Categories: Law

Why Right Is Might How Respecting Human Rights Helps Defeat Terrorism

Why Right Is Might  How Respecting Human Rights Helps Defeat Terrorism

'This book makes uncomfortable reading both in its detailed analysis of terrorism and its causes, and in the critique of state responses, particularly in modern times.

Author: Tom Parker

Publisher: World Scientific Publishing Europe Limited

ISBN: 1783266546

Category: Political Science

Page: 350

View: 479

When faced with a major terrorist threat, states seem to reach instinctively for the coercive tools in their policy toolkits, thereby exacerbating the security situation by sanctioning the abuse of human rights, polarizing society, and undermining the positive values of their own systems. This policy response seems to be driven in part by frustration, a lack of understanding of the nature of the threat, an exaggerated faith in coercive action, and a lack of faith that democratic values are sufficiently flexible to allow for an effective counter-terrorism response. Why Right is Might addresses these misconceptions through a comparative analysis of terrorist campaigns drawn from all "Four Waves" of terrorist activity identified in the literature (anti-authoritarian, anti-colonial, Marxist, and religious). This approach serves to gather insights into why individuals embrace terrorist violence, to explore examples of both successful and failed state responses to terrorist threats, and to outline a series of concrete public policy initiatives that, taken as a whole, will amount to a comprehensive and coherent counter-terrorism strategy grounded in respect for human rights, international norms of behaviour, and the rule of law. Traditional human rights discourse tends to focus on condemnation and prohibition this book seeks to proactively identify human rights-compliant counter-terrorism tools of proven effectiveness that can be deployed to prevent terrorist violence.
Categories: Political Science

Human Rights and Conflict

Human Rights and Conflict

Coordination of Coercive and Persuasive Strategies Balanced Power ... Unbalanced Power Human rights monitoring , documentation , and public shaming .

Author: Julie Mertus

Publisher: US Institute of Peace Press

ISBN: 1929223765

Category: Political Science

Page: 549

View: 754

'Human rights and conflict' is divided into three parts, each capturing the role played by human rights at a different stage in the conflict cycle.
Categories: Political Science

Human Rights and Public Health in the AIDS Pandemic

Human Rights and Public Health in the AIDS Pandemic

A penetrating analysis of the close relationship between public health and human rights, this book makes a compelling case for synergy between the two fields.

Author: Lawrence O. Gostin

Publisher: Oxford University Press

ISBN: 9780199748822

Category: Medical

Page: 232

View: 680

A penetrating analysis of the close relationship between public health and human rights, this book makes a compelling case for synergy between the two fields. Using the AIDS pandemic as a lens, the authors demonstrate that health is closely related to human dignity and individual rights--human rights cannot be deemed adequate and comprehensive without ensuring the health of individuals. In the course of their analysis, Gostin and Lazzarini tackle some of the most vexing issues of our time, including the universality of human rights and the counter-claims of cultural relativity. Taking a cue from environmental impact assessment, they propose a human rights impact assessment for examining health policies--a tool that will be invaluable for evaluating real-world public health problems. This volume examines issues--HIV testing, screening, partner notification, isolation, quarantine, and criminalization of persons with HIV/AIDS--within the framework of international human rights law. The authors evaluate the public health implications of a wide range of AIDS policies in developed as well as developing countries. The role of women in society receives special emphasis. Finally, the book presents three case histories significant in the HIV/AIDS pandemic and analyzes them from a human rights perspective. The cases include discrimination and the transmission of HIV and tuberculosis in an occupational health care setting; breast feeding in the least developed countries; and confidentiality and the right of sexual partners to know of potential exposure to HIV. Gostin and Lazzarini have written a book that will be a valuable addition to the libraries of public health practitioners, legal scholars, bioethicists, policy makers, and public rights activists.
Categories: Medical

Torture Inhumanity and Degradation under Article 3 of the ECHR

Torture  Inhumanity and Degradation under Article 3 of the ECHR

Absolute Rights and Absolute Wrongs Natasa Mavronicola ... of Conviction”: What Shall Domestic Criminal Justice Systems Reap from Coercive Human Rights?

Author: Natasa Mavronicola

Publisher: Bloomsbury Publishing

ISBN: 9781509903054

Category: Political Science

Page: 224

View: 427

This book theorises and concretises the idea of 'absolute rights' in human rights law with a focus on Article 3 of the European Convention on Human Rights (ECHR). It unpacks how we might understand what an 'absolute right' in human rights law is and draws out how such a right's delimitation may remain faithful to its absolute character. From these starting points, it considers how, as a matter of principle, the right not to be subjected to torture or inhuman or degrading treatment or punishment enshrined in Article 3 ECHR is, and ought, to be substantively delimited by the European Court of Human Rights (ECtHR). Focusing on the wrongs at issue, this analysis touches both on the core of the right and on what some might consider to lie at the right's 'fringes': from the aggravated wrong of torture to the severity assessment delineating inhumanity and degradation; the justified use of force and its implications for absoluteness; the delimitation of positive obligations to protect from ill-treatment; and the duty not to expel persons to places where they face a real risk of torture, inhumanity or degradation. Few legal standards carry the simultaneous significance and contestation surrounding this right. This book seeks to contribute fruitfully to efforts to counter a proliferation of attempts to dispute, circumvent or dilute the absolute character of the right not to be subjected to torture or inhuman or degrading treatment or punishment, and to offer the groundwork for transparently and coherently (re)interpreting the right's contours in line with its absolute character.
Categories: Political Science

Human Rights and Unilateral Coercive Measures

Human Rights and Unilateral Coercive Measures

Author: UN. Secretary-General

Publisher:

ISBN: OCLC:123403937

Category:

Page: 4

View: 315

Summarizes reply received from the Government of Azerbaijan, and indicates that the response of the Government of Cuba is summarized in the Secretary-General's report to the General Assembly (A/60/305).
Categories: