Queer Maghrebi French: Flexible Language and Activism

Author(s):  
Denis M. Provencher

In this chapter, I provide a synthesis of the different categories of queer Maghrebi and Maghrebi French subjects we have seen throughout the chapters -- those who are French born or émigrés, those who are working class or middle class, and those who are authors and artists or in other “non-creative” life endeavors. I highlight the multiple paths to queer Maghrebi and Maghrebi French diasporic subjecthood and stress that even those who have access to utopian spaces and transfilial scripts call upon them differently. Indeed, no single diasporic subject exists and each one’s path is unique. Moreover, while the individual’s education level or social class can affect orality, literacy, imagination, and even coherence in one’s story telling, this does not automatically predict how authors, artists and everyday speakers shape their stories with all or any of these. Indeed both the stories of creative and successful strategies and of failure illustrate that the contradictions in the French system limit mobility and integration. Finally, I draw on Raissiguier’s work on France’s sans-papières (undocumented women) and Fernando’s work on veiled French Muslim women working for human rights organizations, to conclude the book with a brief discussion of the status on the languages of racism, patriarchy, and homophobia in France and a call for new models of language on human rights in France and the European Union.

Author(s):  
Colin Faragher

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. Public Law Concentrate looks at all aspects of constitutional law including sources, rule of law, separation of powers, role of the executive, constitutional monarchy, and the Royal Prerogative. It also discusses parliamentary sovereignty and the changing constitutional relationship between the UK and the EU together with the status of EU retained and converted law under the European Union (Withdrawal) Act 2018 as amended by the 2020 Act, the Agreement on Trade and Cooperation effective from 1 January 2021, and the European Union (Future Relationship) Act 2020. Also covered are: administrative law, judicial review, human rights, police powers, public order, terrorism, the constitutional status of the Sewel Convention, legislative consent motion procedure, use of secondary legislation by the executive to amend law and make regulations creating criminal offences, especially under the Coronavirus Act 2020 and the Public Health (Control of Disease) Act 1984, the separation of powers implications of Henry VIII Clauses, the constitutional role of the Horuse of Lords in scrutinizing and amending primary legislation, the Speakers’ Ruling in the House of Commons on Points of Order and the Contempt of Parliament Motion, whip system, back bench revolts, confidence and supply agreements in government formation, and current legislative and executive devolution in Northern Ireland. The book additionally examines the continuing impact of the HRA 1998 and the European Court of Human Rights on parliamentary sovereignty and the significance of the 2021 Independent Review of the HRA.


2011 ◽  
Vol 105 (4) ◽  
pp. 649-693 ◽  
Author(s):  
Gráinne de Búrca

For many, the enactment of the European Union’s Treaty of Lisbon, with its range of significant human rights provisions, marks the EU’s coming of age as a human rights actor. The Lisbon Treaty inaugurated the legally binding character of the EU Charter of Fundamental Rights (EU Charter), enshrined a commitment to accede to the European Convention on Human Rights (ECHR), and, in Article 2 of the Treaty on European Union (TEU), identified human rights as a foundational value. These changes have already drawn comment as developments that “will change the face of the Union fundamentally,” that take the protection of rights in the EU “to a new level,” and that indicate that “the arguments for improving the status of human rights in EU law… have finally been heard. There is general agreement, in other words, that the EU has reached the high point of its engagement with human rights.


Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 32
Author(s):  
Riaan Eksteen

Central to EU law and policies is the protection of human rights. For the European Union (EU), these rights are sacrosanct. Over the years, more substance to the protection of fundamental rights emerged. The European Court of Justice (ECJ) is notably entrusted with the protection of human rights and has always deemed it imperative that fundamental rights must be protected within the scope of EU law. The Court has always relied on strong European traditions and values and is guided by the inalienable principle of the rule of law. In the human rights record of the EU, the Kadi cases occupy a special place. The scope of the application of Article 46 is limited, and the application of the Charter is still not used to its full potential, and too few citizens are even aware of it. The Commission intends to present a strategy that would improve the use and awareness of the Charter. By the middle of 2020, the UK’s withdrawal from the EU had become acrimonious. One issue that still begs the conclusion is the status of and protection available to EU citizens living in the UK beyond 31 December 2020. These basic rights of its citizens are not negotiable for the EU.


2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Sarah Balto

AbstractSince the mid-nineteenth century, women in Europe, North America and elsewhere have played an increasing role in the workforce. Women started pursuing jobs in factories, offices and businesses instead of being dependent on men for their livelihood. However, along with this significant improvement in the status of women, they still face obstacles, such as the gender pay gab and harassment in the workplace. Although both males and females experience harassment, the available literature clearly suggests that females are more likely to be harassed. Much of the research concerning workplace harassment against women has been conducted in the West while little is known about this phenomenon in workplaces across the Arab and Muslim countries. In fact, gender relations and the nature of workplaces in Arab countries vary significantly from the Western workplace due to religious, social and cultural traditions. Muslim women live in the midst of patriarchal cultures where women’s honour is believed to be sacred. The ideology of women’s seclusion and subordination resulted in the restriction of their ability to participate in the labour force even where females are in urgent need of earned income. In this regard, harassment considers a crucial subject on various international agendas. The Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW) for instance, reinforces the implementation of legislation that protects women against gender discrimination. Islam in a similar manner respects women and acknowledges their major role within a society. Therefore, as women living in Muslim communities where issues related to sexuality are sensitive, and people are reluctant to discuss such questions in public, this paper aims to discuss women seclusion, the situation of Muslim women with regard to harassment in the workplace, how international human rights deals with harassment as well as the relation between the Islamic jurisprudence and the international human rights with regard harassment in the workplace.


Yustitia ◽  
2021 ◽  
Vol 7 (2) ◽  
pp. 148-158
Author(s):  
Mentari Jastisia

Immigrants are people who have fled from their country to other countries where they can be referred to as refugees or asylum seekers. There are legal instruments that regulate and provide protection for them. Arrangements for asylum seekers are contained in the 1967 Declaration of Territorial Asylum, State practice, humanitarian issues, Declaration of Human Rights (UDHR). Meanwhile, the arrangements for refugees are contained in the Convention Relating to the Status of Refugees 1951, Protocol relating to the status of Refugees 1967, International Covenant on Civil and Political Rights (ICCPR). This papers uses a normative juridical method. This juridical approach is because this research analyzes existing legal aspects, and is normative because this research focuses more on the analysis of existing laws and regulations and other regulations, using secondary data, namely scientific references or other scientific writings as study material that can support the completeness of this scientific papers. Regarding legal protection for Syrian immigrants, the same applies to immigrants from other state as regulated in the arrangements that have been regulated. Countries in the European Union implement international human rights law protections for Syrian immigrants residing in European Union countries consistently as mandated in the European Convention on Human Rights, Convention applying the Schengen Agreement dated June 14, 1985, Lisbon treaty, Dublin II Regulation (Council Regulation (EC) 343/2003) 2003. The indication is that there are several countries in the European Union such as Greece, Hungary which refuse and do not want to take more responsibility for their obligations as a State related to the provisions of international human rights law to provide protection for Syrian immigrants. in Europe


Author(s):  
Marcin Mamiński ◽  

Human rights are the foundation of democracy, a democratic society, freedom, justice and peace. Without human rights and awareness of their ownership, people cannot live in dignity. Human rights are the same for all of us, regardless of race, gender, religion, ethnicity, political or other beliefs, social origin, national origin, sexual orientation. There are cases in which human rights may be limited, but only in very specific situations, usually defined in international documents or constitutions of individual countries (e.g. due to the protection of certain values by the state, or due to threats such as war or public security). In 1948, Poland was one of the eight states that abstained from voting on the ratification of the Universal Declaration of Human Rights. Until the transformation of the political system between 1989–1992, the number of international conventions dealing with the issue of human rights, which the Polish state had not ratified, has increased. Along with the democratization of public life in Poland and the accession process to the European Union, successive governments have signed certain conventions, but many important documents remain unratified or unimplemented, including significant conventions regarding the status of stateless persons or related to cluster munitions. This presentation aims at indication of the relation of Polish legislation and basic legal acts to the UN Universal Declaration of Human Rights and subsequent conventions aimed at protecting those rights. On the basis of a short comparative analysis, I will try to indicate how important human rights are to Poland nowadays.


2020 ◽  
pp. 27-40
Author(s):  
Vesna Ćorić ◽  
Ana Knežević-Bojović

The accession of the European Union to the European Convention on Human Rights is currently being renegotiated, but this remains a rocky and time-consuming process. Mostly relying on doctrinal method, the authors examine various methods advocated in legal theory as a means to ensure a coherent protection of human rights in Europe in the absence of an institutional agreement. The authors focus their attention on the further development of autonomous concepts in the case law of two the European supranational courts as a prerequisite for successful application of the status quo method. The principle of ne bis in idem is selected as a case in point. Finally, authors formulate proposals for approaches regarding autonomous concepts to be utilized by the Court of Justice and the European Court of Human Rights.


2021 ◽  
Vol 3 (3) ◽  
pp. 208-217
Author(s):  
Salma Nawaz ◽  
Malik Shahzad Shabbir ◽  
Kanwal Shaheen ◽  
Mouna Koser

This study enumerates Islamic laws regarding women rights throughout the extent of Quran and Hadith in the principal origins of Islam. It highlights toward gender equity and women rights. Islamic principles consistently accord with nature of man and woman and think about their intrinsic contrasts. Islam has ensured people (both men and women) human rights and obligations associated with them as people in an equivalent degree. What Islam ensures usually not get conveyed into solid actions because of dominant communal and ethnic standards and in context of social and cultural relations. The basic estimations of Islam ostensibly advance and respect the status of women in the public eye. Islam gave freedom to Muslim women by allowing them equivalent rights as similar to their male partners, as demonstrated by the Prophet Mohammad ??? ???? ???? ???? (PHUH) [women are identical parts orsisters in relation to men]. Numerous adamant translations of Islamic messages and practices of a larger number of Muslim societies unfortunately disagree the primary origin of women rights as well as gender equalities. Besides, it is falsly realized that Muslim females particularly are in retrograte position and are also mistreated by religion Islam as compare to non-Muslim women who are observed as liberated, modernized and forward. Thusly, this article focuses to distinguish how religion Islam has provided women their rights, liberty, equality and respect.


Author(s):  
Emilie M. Hafner-Burton

This chapter considers the status quo—the punishments and rewards used by steward states as part of their foreign policy to advance human rights today. Although they are not the only stewards, the chapter focuses on the United States and the European Union and the ways that they already use their political authority, resources, and reach for human rights promotion. The limits of punishments, such as military intervention and nonmilitary punishments, and rewards are discussed, along with two important lessons about how stewards can be more effective: one concerns localization, and the other is about setting priorities. The chapter argues that a more strategic use of state power has enormous potential to enhance the effectiveness of stewardship.


2018 ◽  
Vol 16 (1) ◽  
pp. 61-74
Author(s):  
Saif AlZahir ◽  
Han Donker ◽  
John Nofsinger

PurposeThis paper scrutinizes the impact of socioeconomic, political, legal and religious factors on the internal ethical values of human rights organizations (HROs) worldwide. The authors aim to examine the Code of Ethics for 279 HROs in 67 countries and the social and legal settings in which they operate.Design/methodology/approachUsing the framework of protect, respect and remedy, the authors look for keywords that represent the human rights lexicon in these three areas. In the protection of human rights, the authors select the terms: peace, transparency, freedom and security. For the respect of humans, the authors use the terms: dignity, equality, respect and rights. Sources of remedies come from justice and ethics. The analysis seeks to determine what political economy settings drive the ethical value choices of the organizations. Those choices are proxied by those keywords they mention in their Code of Ethics.FindingsThe analysis show that the scope of ethical values mentioned are higher when the HRO is in a country with more domestic violence, lower income inequality, French civil or Islamic legal origin and higher trust in politicians. In regard to the determinants of the ten keywords individually, the authors conclude that the status of the socioeconomic, political, religious and legal settings impact with local HROs mention each of the keywords: peace, justice, transparency, dignity, equality, ethics, respect, freedom, security and rights.Research limitations/implicationsThe analysis is based on HROs that have a webpage in English and list the employee Code of Conduct.Originality/valueThis study is the first to examine the Code of Ethics for HROs. The authors demonstrate that country-specific characteristics help to drive their internal ethical values.


Sign in / Sign up

Export Citation Format

Share Document