The History of Fundamental Rights in Europe: A Long and Winding Road

2017 ◽  
pp. 343-354
Author(s):  
Kalliope Agapiou-Josephides ◽  
Jean-Paul Lehners ◽  
Manfred Nowak ◽  
Markku Suksi
Keyword(s):  
Fundamental Rights ◽  
History Of

Employment Discrimination and Asian Americans

2005 ◽  
Vol 3 (2) ◽  
pp. 1-15
Author(s):  
Stuart Ishimaru
Keyword(s):  
Asian Americans ◽  
Asian American ◽  
Employment Discrimination ◽  
Equal Employment Opportunity ◽  
Fundamental Rights ◽  
Employment Opportunity ◽  
Equal Employment ◽  
History Of ◽  
Outreach And Education

Despite the long history of Asian Americans of fighting for fundamental rights, Asian Americans appear to be less active in complaining about employment discrimination. For example, in 2003, Asian Americans filed proportionally fewer employment discrimination charges with the EEOC than other minority employees. This article examines the factors that create an atmosphere in which Asian Americans do not file as many charges of employment discrimination with the EEOC as one would expect. Also, it explores possible ways to motivate Asian American communities and individuals to engage in and recognize the community’s investment in the equal employment opportunity process. Specifically, it proposes additional outreach and education to Asian Americans to be informed of their rights as well as areas for further research and additional

Countering terrorism or criminalizing curiosity? The troubled history of UK responses to right-wing and other extremism

2021 ◽  
pp. 147377952198934
Author(s):  
Lucia Zedner
Keyword(s):  
United Kingdom ◽  
Hate Crime ◽  
Freedom Of Speech ◽  
Fundamental Rights ◽  
Right Wing ◽  
Political Ideas ◽  
The United Kingdom ◽  
Violent Extremism ◽  
History Of ◽  
Right Wing Extremism

The growth of right-wing extremism, especially where it segues into hate crime and terrorism, poses new challenges for governments, not least because its perpetrators are typically lone actors, often radicalized online. The United Kingdom has struggled to define, tackle or legitimate against extremism, though it already has an extensive array of terrorism-related offences that target expression, encouragement, publication and possession of terrorist material. In 2019, the United Kingdom went further to make viewing terrorist-related material online on a single occasion a crime carrying a 15-year maximum sentence. This article considers whether UK responses to extremism, particularly those that target non-violent extremism, are necessary, proportionate, effective and compliant with fundamental rights. It explores whether criminalizing the curiosity of those who explore radical political ideas constitutes legitimate criminalization or overextends state power and risks chilling effects on freedom of speech, association, academic freedom, journalistic enquiry and informed public debate—all of which are the lifeblood of a liberal democracy.

A Civil Servant’s Adieu

2019 ◽  
pp. 193-236
Author(s):  
Arvind Elangovan
Keyword(s):  
Political History ◽  
Dominant Role ◽  
Fundamental Rights ◽  
The Political ◽  
Indian Constitution ◽  
Constituent Assembly ◽  
Postcolonial State ◽  
Political Interests ◽  
History Of ◽  
To Come

Contrary to Rau’s ideas, the framers of the Indian constitution, however, were deeply influenced by the political history that preceded the meeting of the Constituent Assembly. As a result, the framers privileged not only Fundamental Rights but also the postcolonial State and the latter’s right to intervene for the cause of social justice. Interestingly, the idea that mainly underscored this act of privileging was not so much to come together to create a state by submitting individual wills (as theorized by social contract theorists, for instance) but rather there was a deep mistrust between the different political interests that were at work in the Constituent Assembly. Thus, by the time of the drafting of the Indian constitution, political history played a dominant role, with norms giving way to a history of politics.

1. The origins of the European Union and EU law

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
European Union ◽  
Fundamental Rights ◽  
The European Union ◽  
Single European Act ◽  
Charter Of Fundamental Rights ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
Treaty Of Rome ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter discusses the history of the European Union. It covers the historical rationale for the EU; the aims of the EU; the four stages of economic integration; economic and political difficulties; expansion of membership; institutional developments; legal developments; closer European integration; the Treaty of Rome (1957), the Single European Act (1986); the Treaty on European Union (1992); the Treaty of Amsterdam (1997); the Charter of Fundamental Rights; the Treaty of Nice (2001); the Treaty of Lisbon (2007); and the potential process for and impact of ‘Brexit’.

Transnational legal sites and democracy-building

2013 ◽  
Vol 39 (4-5) ◽  
pp. 471-486
Author(s):  
Seyla Benhabib
Keyword(s):  
Human Rights ◽  
Intellectual History ◽  
Fundamental Rights ◽  
International Human Rights ◽  
Uniform System ◽  
The Past ◽  
European Court ◽  
Human Rights Regime ◽  
History Of ◽  
Democracy Building

Until recently the term ‘cosmopolitanism’ was a forgotten concept in the intellectual history of the 18th and 19th centuries. The last two decades have seen a remarkable revival of interest in cosmopolitanism across a wide variety of fields. This article contends that legal developments since the 1948 Declaration of Human Rights and the rise of an ‘international human rights regime’ are at the forefront of a new cosmopolitanism. Yet there is a great deal of skepticism toward such claims on the part of those who maintain that democracy and human rights are best furthered by the nation-state framework. Still others confuse legal cosmopolitanism with the spread of a uniform system of rights across different national jurisdictions. In several writings in the past, I developed the concept of ‘democratic iterations’ to argue against such skepticism as well as misunderstandings of legal cosmopolitanism. In this article, I show how democratic iterations unfold across transnational legal sites, which encompass various national jurisdictions and through which contentious dialogues on the application and interpretation of such fundamental rights as ‘freedom of religion’ in different jurisdictions can emerge. To document such processes I focus on the Leyla Sahin v. Turkey case which was adjudicated by the European Court of Human Rights in 2005.

scholarly journals ENTRE O DIÁLOGO E A RESISTÊNCIA: o movimento social de bairro no Conjunto Palmeiras, em Fortaleza (CE)

Caderno CRH ◽  
2019 ◽  
Vol 32 (87) ◽  
pp. 659
Author(s):  
Antonio George Lopes Paulino
Keyword(s):  
Social Movements ◽  
Social Movement ◽  
Social Space ◽  
The State ◽  
Fundamental Rights ◽  
Mots Clés ◽  
Mouvements Sociaux ◽  
History Of ◽  
Espace Social

<p>O artigo revisita a história dos movimentos sociais de bairros de Fortaleza (CE), tendo como referente empírico o Conjunto Palmeiras, cuja formação territorial remete aos anos 1970. A análise resulta de aproximações etnográficas que adentram no cenário da mobilização por direitos fundamentais e pela urbanização do bairro, espaço social que resguarda uma memória de lutas e conquistas, possibilitando identificar agentes envolvidos na projeção desses movimentos nas décadas de 1980 e 1990. Essa experiência de organização coletiva segue na formação de espaços de autonomia, com momentos de interlocução e resistência frente ao Estado, trazendo contribuições para o debate acerca de temas como movimentos sociais, soberania e representação popular.</p><p> </p><p>BETWEEN DIALOGUE AND RESISTANCE: the neighborhood social movement in the Palmeiras Set, in Fortaleza (CE)</p><p>The article revisits the history of social movements in neighborhoods in Fortaleza (CE), with the empirical reference to Conjunto Palmeiras, whose territorial formation goes back to the 1970s. The analysis results from ethnographic approaches that enter the scenario of mobilization for fundamental rights and the urbanization of the neighborhood, a social space that protects a memory of struggles and conquests, making it possible to identify agents involved in the projection of these movements in the 1980s and 1990s. This experience of collective organization continues in the formation of spaces of autonomy, with moments of dialogue and resistance towards the State, bringing contributions to the debate on topics such as social movements, sovereignty and popular representation.</p><p>Keywords: Policy. Social movements. Representation. Sovereignty. City.</p><p> </p><p>ENTRE DIALOGUE ET RÉSISTANCE: le mouvement social de voisinage dans le Palmeiras Set, à Fortaleza (CE)</p><p>L’article revisite l’histoire des mouvements sociaux de quartiers de Fortaleza (CE), ayant comme référent empirique le Conjunto Palmeiras, dont la formation territoriale se réfère aux années 1970. L’analyse résulte d’approches ethnographiques qui entrent en scène de mobilisation pour les droits fondamentaux et d’urbanisation du quartier, un espace social qui protège une mémoire des luttes et des conquêtes, permettant d’identifier les acteurs impliqués dans la projection de ces mouvements dans les années 1980 et 1990. Cette expérience d’organisation collective se poursuit dans la formation d’espaces d’autonomie, avec des moments d’interlocution et de résistance à l’égard de l’État, apportant des contributions au débat sur des thèmes tels que les mouvements sociaux, la souveraineté et la représentation populaire.</p><p>Mots-clés: Politique. Mouvements sociaux. Représentation. Souveraineté. Ville.</p>

Separation of Powers in Foreign Affairs

2019 ◽  
pp. 46-64
Author(s):  
Martin S. Flaherty
Keyword(s):  
Separation Of Powers ◽  
Critical Role ◽  
Fundamental Rights ◽  
Foreign Affairs ◽  
The Other ◽  
History Of ◽  
Excess Power ◽  
Domestic Affairs

This chapter argues that separation of powers was understood to apply to foreign no less than domestic affairs. In so doing, it provides a corrective for both the history of the Founding and certain Founding myths that later constitutional approaches have projected upon that history. The chapter first brings together two dominant accounts of the Constitution's origins. It then argues that separation of powers mattered more, not less, with regard to the national government's enhanced powers in foreign affairs. The constitutional text and debates together confirm that the Founders sought to divide foreign affairs powers among the three branches in the same original ways they had for authority seen as ordinarily domestic. As in domestic affairs, moreover, the expectation was for the judiciary to play a critical role, especially in checking the other branches, the better to reign in excess power and safeguard fundamental rights.

The European Union and Fundamental Rights

2018 ◽  
Author(s):  
Sionaidh Douglas-Scott
Keyword(s):  
European Union ◽  
Human Rights ◽  
Fundamental Rights ◽  
First Century ◽  
The European Union ◽  
Historical Sources ◽  
National Courts ◽  
History Of ◽  
Human Rights Standards ◽  
Peace In Europe

The twenty-first century European Union proclaims its respect for fundamental rights. Indeed, in an era of concern for human rights, it would seem strange if the European Union (EU) did not engage with them. Yet, the EU’s concern for fundamental rights has at least two very different historical sources. First, the Internal Market project has always lain at the heart of the Union and it requires the removal of national obstacles to integration—even possibly those predicated upon fundamental rights. Consequently, the EU’s own focus on fundamental rights constitutes a response to the thinly veiled threat of national courts invoking their own human rights standards to review EU law. On the other hand, the second source relates to the Union’s earliest days, as the Coal and Steel Community and later the European Economic Community (EEC), and as a clear response to the horrors of the early/mid-twentieth century. The objective from the outset was to stop yet another deadly, destructive war in Europe. As Klaus Günther has written, ‘We realise that the European history of human rights is written in blood. And it goes on …’. But perpetual peace in Europe did not merely entail economic integration as an end to conflict—it

9. Human rights in the EU

2017 ◽  
Author(s):  
Elspeth Berry ◽  
Matthew J. Homewood ◽  
Barbara Bogusz
Keyword(s):  
Human Rights ◽  
Fundamental Rights ◽  
Eu Law ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Charter Of Fundamental Rights ◽  
History Of ◽  
Complete Series ◽  
Explanatory Text ◽  
The Eu

Titles in the Complete series combine extracts from a wide range of primary materials with clear explanatory text to provide readers with a complete introductory resource. This chapter begins with a brief history of human rights protection in Europe, including the separate role of the Council of Europe and the ECHR, as well as that of the EU and EU law. It then discusses the development of human rights protection by the EU; the need for human rights protection against the EU and its Member States; the Charter of Fundamental Rights of the EU; the enforcement of human rights in EU law; and the possibility of EU accession to the ECHR.

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