Pennsylvania Studies in Human Rights – serie

The unmarked mass graves left by war and acts of terror are lasting traces of violence in communities traumatized by fear, conflict, and unfinished mourning. Like silent testimonies to the wounds of history, these graves continue to inflict harm on communities and families that wish to bury or memorialize their lost kin. Changing political circumstances can reveal the location of mass graves or facilitate their exhumation, but the challenge of identifying and recovering the dead is only the beginning of a complex process that brings the rights and wishes of a bereaved society onto a transnational stage.Necropolitics: Mass Graves and Exhumations in the Age of Human Rights examines the political and social implications of this sensitive undertaking in specific local and national contexts. International forensic methods, local-level claims, national political developments, and transnational human rights discourse converge in detailed case studies from the United States, Argentina, Chile, Peru, Spain, Bosnia-Herzegovina, Greece, Rwanda, Cambodia, and Korea. Contributors analyze the role of exhumations in transitional justice from the steps of interviewing eyewitnesses and survivors to the painstaking forensic recovery and comparison of DNA profiles. This innovative volume demonstrates that contemporary exhumations are as much a source of personal, historical, and criminal evidence as instruments of redress for victims through legal accountability and memory politics.Contributors: ZoË Crossland, Francisco FerrÁndiz, Luis Fondebrider, Iosif Kovras, Heonik Kwon, Isaias Rojas-Perez, Antonius C. G. M. Robben, Elena Lesley, Katerina Stefatos, Francesc Torres, Sarah Wagner, Richard Ashby Wilson.

Drawing on confidential Argentinian documents and memoranda, Behind the Disappearances documents a seven-year diplomatic war by one of the twentieth century's most brutal regimes. It relates how, starting in 1976, Argentina's military government tried to cripple the UN's human rights machinery in an effort to prevent international condemnation of its policy of disappearances. Initially this attempt succeeded, but in 1980-with encouragement from the Carter administration-UN officials regained the initiative and created a special working group on disappearances that rejuvenated the UN's efforts. This progress was abruptly halted in 1981 when the Reagan administration sided with the Argentinian regime. The result, claims the author, not only undercut the UN's actions against disappearances but also weakened its chances of playing a positive role in aiding Latin America's transition from dictatorship to democracy.

Issues of universal human rights are critically important topics in education today. Educators, scholars, and activists urge schools to promote awareness and understanding of human rights in their curricula from the earliest levels. Written by by Betty A. Reardon, one of the foremost scholars on human rights education for the primary and secondary levels, Educating for Human Dignity is designed for both teachers and teacher educators. It is the first resource offering both guidance and support materials for human rights education programs from kindergarten through high school. It opens possibilities for an holistic approach to human rights education that directly confronts the values issues raised by human rights problems in a context of global interrelationships.

Rebecca J. Cook and the contributors to this volume seek to analyze how international human rights law applies specifically to women in various cultures worldwide, and to develop strategies to promote equitable application of human rights law at the international, regional, and domestic levels. Their essays present a compelling mixture of reports and case studies from various regions in the world, combined with scholarly assessments of international law as these rights specifically apply to women.

Human rights violations are perpetrated in all parts of the world, and the universal reaction to such atrocities is overwhelmingly one of horror and sadness. Yet, as Abdullahi Ahmed An-Na'im and his contributors attest, our viewpoint is clouded and biased by the expectations native to our own culture. How do other cultures view human rights issues? Can an analysis of these issues through multiple viewpoints, both cross-cultural and indigenous, help us reinterpret and reconstruct prevailing theories of human rights?

Human Rights Education for the Twenty-First Century is a comprehensive resource for training, education, and raising awareness in a wide variety of settings, both formal and informal. A diverse group of contributors-experienced activists, education experts, and representatives of several international governmental organizations-provides a rich potpourri of ideas and real-world approaches to initiating, planning, and implementing programs for teaching people about their human rights and fundamental freedoms. This volume has been developed for a global audience of educators, scholars in many disciplines, nongovernmental organizations, and foundation officers.

The term genocide has been used to describe a wide range of events and polities, from the "final solution of the Jewish question" in Nazi Germany to Western efforts to establish birth control and abortion programs in Third World nations. It is these dimensions of genocide that the authors to this volume explore, in the context both of their historical roots and of the implications for current and future international action.

Selected by Choice magazine as a Outstanding Academic Book for 2000Nelson Mandela once said, "Human rights have become the focal point of international relations." This has certainly become true in American relations with the People's Republic of China. Ann Kent's book documents China's compliance with the norms and rules of international treaties, and serves as a case study of the effectiveness of the international human rights regime, that network of international consensual agreements concerning acceptable treatment of individuals at the hands of nation-states.Since the early 1980s, and particularly since 1989, by means of vigorous monitoring and the strict maintenance of standards, United Nations human rights organizations have encouraged China to move away from its insistence on the principle of noninterference, to take part in resolutions critical of human rights conditions in other nations, and to accept the applicability to itself of human rights norms and UN procedures. Even though China has continued to suppress political dissidents at home, and appears at times resolutely defiant of outside pressure to reform, Ann Kent argues that it has gradually begun to implement some international human rights standards.

In 1999, the Guatemala truth commission issued its report on human rights violations during Guatemala's thirty-six-year civil war that ended in 1996. The commission, sponsored by the UN, estimates the conflict resulted in 200,000 deaths and disappearances. The commission holds the Guatemalan military responsible for 93 percent of the deaths. In The Guatemalan Military Project, Jennifer Schirmer documents the military's role in human rights violations through a series of extensive interviews striking in their brutal frankness and unique in their first-hand descriptions of the campaign against Guatemala's citizens. High-ranking officers explain in their own words their thoughts and feelings regarding violence, political opposition, national security doctrine, democracy, human rights, and law. Additional interviews with congressional deputies, Guatemalan lawyers, journalists, social scientists, and a former president give a full and balanced account of the Guatemalan power structure and ruling system.With expert analysis of these interviews in the context of cultural, legal, and human rights considerations, The Guatemalan Military Project provides a successful evaluation of the possibilities and processes of conversion from war to peace in Latin America and around the world.

Selected by Choice magazine as an Outstanding Academic Book for 1999Born of a shared revulsion against the horrors of the Holocaust, the Universal Declaration of Human Rights has become the single most important statement of international ethics. It was inspired by and reflects the full scope of President Franklin Roosevelt's famous four freedoms: "the freedom of speech and expression, the freedom of worship, the freedom from want, and the freedom from fear." Written by a UN commission led by Eleanor Roosevelt and adopted in 1948, the Declaration has become the moral backbone of more than two hundred human rights instruments that are now a part of our world. The result of a truly international negotiating process, the document has been a source of hope and inspiration to thousands of groups and millions of oppressed individuals.

Selected by Choice magazine as an Outstanding Academic Book for 1996Since the 1950s, sub-Saharan Africa has been the site of profound political changes initiated by ascendant nationalism and rapid decolonization. With this new beginning came fresh challenges involving many crucial aspects of human rights: self-determination; civil and political rights, including government legitimacy; military involvement in African politics; and unfulfilled basic needs that have cried out for economic and social development.Protecting Human Rights in Africa is the first major comparative study of the way human rights NGOs have brought revolutionary change south of the Sahara. Governments are both the most important protectors and abusers of human rights, while NGOs have become the most effective detectives in discovering abuses and the most active advocates in seeking solutions.

Labor rights have traditionally been a concern of labor law scholars and practitioners whose work concentrates exclusively on domestic developments. In the past decade, however, the globalization of investment and production has expanded the bounds of labor rights discourse.Contributors to this volume provide the first comprehensive view of labor rights in the international system of commerce. They consider the avenues open to worker rights claims in the global economy under international human rights instruments, U.S. trade laws, free trade agreements, labor rights litigation, and corporate codes of conduct. They address worker rights from the standpoints of human rights concerns, trade and development policy, and labor law principles.

Since independence in 1956, large numbers of Moroccans have been forcibly disappeared, tortured, and imprisoned. Morocco's uncovering and acknowledging of these past human rights abuses are complicated and revealing processes. A community of human rights activists, many of them survivors of human rights violations, are attempting to reconstruct the past and explain what truly happened.What are the difficulties in presenting any event whose central content is individual pain when any corroborating police or governmental documentation is denied or absent? Susan Slyomovics argues that funerals, eulogies, mock trials, vigils and sit-ins, public testimony and witnessing, storytelling and poetry recitals are performances of human rights and strategies for opening public space in Morocco.The Performance of Human Rights in Morocco is a unique distillation of politics, anthropology, and performance studies, offering both a clear picture of the present state of human rights and a vision of a possible future for public protest and dissidence in Morocco.

Bolokoli, khifad, tahara, tahoor, qudiin, irua, bondo, kuruna, negekorsigin, and kene-kene are a few of the terms used in local African languages to denote a set of cultural practices collectively known as female circumcision. Practiced in many countries across Africa and Asia, this ritual is hotly debated. Supporters regard it as a central coming-of-age ritual that ensures chastity and promotes fertility. Human rights groups denounce the procedure as barbaric. It is estimated that between 100 million and 130 million girls and women today have undergone forms of this genital surgery.Female Circumcision gathers together African activists to examine the issue within its various cultural and historical contexts, the debates on circumcision regarding African refugee and immigrant populations in the United States, and the human rights efforts to eradicate the practice. This work brings African women's voices into the discussion, foregrounds indigenous processes of social and cultural change, and demonstrates the manifold linkages between respect for women's bodily integrity, the empowerment of women, and democratic modes of economic development.This volume does not focus narrowly on female circumcision as a set of ritualized surgeries sanctioned by society. Instead, the contributors explore a chain of connecting issues and processes through which the practice is being transformed in local and transnational contexts. The authors document shifts in local views to highlight processes of change and chronicle the efforts of diverse communities as agents in the process of cultural and social transformation.

Following periods of mass atrocity and oppression, states are faced with a question of critical importance in the transition to democracy: how to offer redress to victims of the old regime without perpetuating cycles of revenge. Traditionally, balance has been restored through arrests, trials, and punishment, but in the last three decades, more than twenty countries have opted to have a truth commission investigate the crimes of the prior regime and publish a report about the investigation, often incorporating accounts from victims.Although many praise the work of truth commissions for empowering and healing through words rather than violence, some condemn the practice as a poor substitute for traditional justice, achieved through trials and punishment. There has been until now little analysis of the unarticulated claim that underlies the truth commissions' very existence: that language-in this case narrative stories-can substitute for violence. Acknowledging revenge as a real and deep human need, Shattered Voices explores the benefits and problems inherent when a fragile country seeks to heal its victims without risking its own future.In developing a theory about the role of language in retribution, Teresa Godwin Phelps takes an interdisciplinary approach, delving into sources from Greek tragedy to Hamlet, from Kant to contemporary theories about retribution, from the Babylonian law codes to the South African Truth and Reconciliation Report. She argues that, given the historical and psychological evidence about revenge, starting afresh by drawing a bright line between past crimes and a new government is both unrealistic and unwise.When grievous harm happens, a rebalancing is bound to occur, whether it is orderly and lawful or disorderly and unlawful. Shattered Voices contends that language is requisite to any adequate balancing, and that a solution is viable only if it provides an atmosphere in which storytelling and subsequent dialogue can flourish. In the developing culture of ubiquitous truth reports, Phelps argues that we must become attentive to the form these reports take-the narrative structure, the use of victims' stories, and the way a political message is conveyed to the citizens of the emerging democracy.By looking concretely at the work and responsibilities of truth commissions, Shattered Voices offers an important and thoughtful analysis of the efficacy of the ways human rights abuses are addressed.

When former Chilean dictator Augusto Pinochet was arrested in London at the request of a Spanish judge, the world's attention was focused for the first time on the idea of universal jurisdiction. Universal jurisdiction stands for the principle that atrocities such as genocide, torture, and war crimes are so heinous and so universally abhorred that any state is entitled to prosecute these crimes in its national courts regardless of where they were committed or the nationality of the perpetrators or the victims. In 2001, two Rwandan nuns were convicted in a Belgian court for atrocities committed in Rwanda against Rwandans. Serbs have been prosecuted in German courts, and a court in Senegal asserted universal jurisdiction over the former dictator of Chad, HissÈne HabrÉ. Universal jurisdiction is becoming a potent instrument of international law, but it is poorly understood by legal experts and remains a mystery to most public officials and citizens.Universal Jurisdiction brings together leading scholars to discuss the origins, evolution, and implications of this legal weapon against impunity. They examine the questions that cloud its future, and its role in specific cases involving Adolf Eichmann, Pinochet, HabrÉ, and former Rwandan government officials, among others, in order to determine the proper place of universal jurisdiction in the emerging regime of international legal accountability.

The 1998 arrest of General Augusto Pinochet in London and subsequent extradition proceedings sent an electrifying wave through the international community. This legal precedent for bringing a former head of state to trial outside his home country signaled that neither the immunity of a former head of state nor legal amnesties at home could shield participants in the crimes of military governments. It also allowed victims of torture and crimes against humanity to hope that their tormentors might be brought to justice. In this meticulously researched volume, Naomi Roht-Arriaza examines the implications of the litigation against members of the Chilean and Argentine military governments and traces their effects through similar cases in Latin American and Europe.Roht-Arriaza discusses the difficulties in bringing violators of human rights to justice at home, and considers the role of transitional justice in transnational prosecutions and investigations in the national courts of countries other than those where the crimes took place. She traces the roots of the landmark Pinochet case and follows its development and those of related cases, through Spain, the United Kingdom, elsewhere in Europe, and then through Chile, Argentina, Mexico, and the United States. She situates these transnational cases within the context of an emergent International Criminal Court, as well as the effectiveness of international law and of the lawyers, judges, and activists working together across continents to make a new legal paradigm a reality. Interviews and observations help to contextualize and dramatize these compelling cases.These cases have tremendous ramifications for the prospect of universal jurisdiction and will continue to resonate for years to come. Roht-Arriaza's deft navigation of these complicated legal proceedings elucidates the paradigm shift underlying this prosecution as well as the traction gained by advocacy networks promoting universal jurisdiction in recent decades.

Torture is the most widespread human rights crime in the modern world, practiced in more than one hundred countries, including the United States. How could something so brutal, almost unthinkable, be so prevalent? The Phenomenon of Torture: Readings and Commentary is designed to answer that question and many others. Beginning with a sweeping view of torture in Western history, the book examines questions such as these: Can anyone be turned into a torturer? What exactly is the psychological relationship between a torturer and his victim? Are certain societies more prone to use torture? Are there any circumstances under which torture is justified-to procure critical information in order to save innocent lives, for example? How can torture be stopped or at least its incidence be reduced?Edited and with an introduction by the former Executive Director of Amnesty International USA, The Phenomenon of Torture draws on the writings of torture victims themselves, such as the Argentinian journalist Jacobo Timerman, as well as leading scholars like Elaine Scarry, author of The Body in Pain. It includes classical works by Voltaire, Jeremy Bentham, Hannah Arendt, and Stanley Milgram, as well as recent works by historian Adam Hochschild and psychotherapist Joan Golston. And it addresses new developments in efforts to combat torture, such as the designation of rape as a war crime and the use of the doctrine of universal jurisdiction to prosecute perpetrators. Designed for the student and scholar alike, it is, in sum, an anthology of the best and most insightful writing about this most curious and common form of abuse. Juan E. MÉndez, Special Advisor to the United Nations Secretary General on the Prevention of Genocide and himself a victim of torture, provides a foreword.

In recent years, the world community has demonstrated a renewed commitment to the pursuit of international criminal justice. In 1993, the United Nations established two ad hoc international tribunals to try those responsible for genocide and crimes against humanity in the former Yugoslavia and Rwanda. Ten years later, the International Criminal Court began its operations and is developing prosecutions in its first two cases (Congo and Uganda). Meanwhile, national and hybrid war crimes tribunals have been established in Sierra Leone, Kosovo, Serbia and Montenegro, Croatia, Bosnia and Herzegovina, East Timor, Indonesia, Iraq, and Cambodia.Thousands of people have given testimony before these courts. Most have witnessed war crimes, including mass killings, torture, rape, inhumane imprisonment, forced expulsion, and the destruction of homes and villages. For many, testifying in a war crimes trial requires great courage, especially as they are well aware that war criminals still walk the streets of their villages and towns. Yet despite these risks, little attention has been paid to the fate of witnesses of mass atrocity. Nor do we know much about their experiences testifying before an international tribunal or the effect of such testimony on their return to their postwar communities. The first study of victims and witnesses who have testified before an international war crimes tribunal, The Witnesses examines the opinions and attitudes of eighty-seven individuals-Bosnians, Muslims, Serbs, and Croats-who have appeared before the International Criminal Tribunal for the former Yugoslavia.

Few names are so closely connected with the cause of human rights as that of Mary Robinson. As former President of Ireland, she was ideally positioned for passionately and eloquently arguing the case for human rights around the world. Over five tumultuous years that included the tragic events of 9/11, she offered moral leadership and vision to the global human rights movement. This volume is a unique account in Robinson's own words of her campaigns as United Nations High Commissioner for Human Rights.A Voice for Human Rights offers an edited collection of Robinson's public addresses, given between 1997 and 2002, when she served as High Commissioner. The book also provides the first in-depth account of the work of the Office of High Commissioner for Human Rights. With a foreword by Kofi Annan and an afterword by Louise Arbour, the current High Commissioner for Human Rights, the book will be of interest to all concerned with international human rights, international relations, development, and politics.

In 1948 the United Nations adopted the Universal Declaration of Human Rights, and with it a profusion of norms, processes, and institutions to define, promote, and protect human rights. Today virtually every cause seeks to cloak itself in the righteous language of rights. But even so, this universal reliance on the rights idiom has not succeeded in creating common ground and deep agreement as to the scope, content, and philosophical bases for human rights.Makau Mutua argues that the human rights enterprise inappropriately presents itself as a guarantor of eternal truths without which human civilization is impossible. Mutua contends that in fact the human rights corpus, though well meaning, is a Eurocentric construct for the reconstitution of non-Western societies and peoples with a set of culturally biased norms and practices.Mutua maintains that if the human rights movement is to succeed, it must move away from Eurocentrism as a civilizing crusade and attack on non-European peoples. Only a genuine multicultural approach to human rights can make it truly universal. Indigenous, non-European traditions of Asia, Africa, the Pacific, and the Americas must be deployed to deconstruct-and to reconstruct-a universal bundle of rights that all human societies can claim as theirs.

Throughout its history, America's policies have alternatively embraced human rights, regarded them with ambivalence, or rejected them out of hand. The essays in Bringing Human Rights Home: A History of Human Rights in the United States put these shifting political winds into a larger historical perspective, from the country's very beginnings to the present day.The contributing writers examine the global influences on early American attitudes toward human rights and, reviewing the twentieth century, note the high-water mark of human rights acceptance during Franklin Delano Roosevelt's presidency. They examine the domestic tensions between civil and political rights on the one hand, and economic, social, and cultural rights on the other. Taking the long view, many of the contributors emphasize the role played by social movements and grassroots activists in pressing a human rights agenda from the bottom up.The essays examine the centrality of human rights in the early and mid-twentieth-century civil rights movement, the breadth of subnational human rights activism in the face of federal inaction on a range of human rights issues, and the ways both post-9/11 developments and government responses to the devastation of Hurricane Katrina spurred grassroots activism in the United States. Several essays explore in depth the emergence of new advocacy strategies, both in the context of litigating for civil and political rights and through the lens of particular economic rights sectors, such as labor. Though the setbacks for human rights have been many, Bringing Human Rights Home demonstrates the strength and resilience of the U.S. human rights movement and offers hope for its future.

In a turnabout of the cynical belief that might makes right, nations now see fit to issue apologies to peoples and countries they have wronged. We live in an age that seeks to establish political truth, perhaps best exemplified by the creation of truth commissions in societies seeking to emerge from dictatorial pasts. The most noteworthy result of these efforts has been the near-universal realization that a society will not be able successfully to pass into the future until it somehow deals with the horrors of its past.A number of Western states and institutions have sought to come to terms with their relationships to non-Western states and peoples. Powerful actors and institutions are apologizing to the relatively powerless. What do these apologies mean? Are they an indication of a new international order, either politically or as they relate to international law? Or are these apologies fleeting and insignificant? In The Age of Apology twenty-two law, politics, and human rights scholars explore the legal, political, social, historical, moral, religious, and anthropological aspects of Western apologies in an attempt to answer these questions. Conversely, a nonapology might be as important to study, and several chapters discuss the absence or refusal of apology and how this might be interpreted.

According to Susan Deller Ross, many human rights advocates still do not see women's rights as human rights. Yet women in many countries suffer from laws, practices, customs, and cultural and religious norms that consign them to a deeply inferior status. Advocates might conceive of human rights as involving torture, extrajudicial killings, or cruel and degrading treatment-all clearly in violation of international human rights-and think those issues irrelevant to women. Yet is female genital mutilation, practiced on millions of young girls and even infants, not a gross violation of human rights? When a family decides to murder a daughter in the name of "honor," is that not an extrajudicial killing? When a husband rapes or savagely beats his wife, knowing the legal authorities will take no action on her behalf, is that not cruel and degrading treatment?Women's Human Rights is the first human rights casebook to focus specifically on women's human rights. Rich with interdisciplinary material, the book advances the study of the deprivation and violence women suffer due to discriminatory laws, religions, and customs that deny them their most fundamental freedoms. It also provides present and future lawyers the legal tools for change, demonstrating how human rights treaties can be used to obtain new laws and court decisions that protect women against discrimination with respect to employment, land ownership, inheritance, subordination in marriage, domestic violence, female genital mutilation, polygamy, child marriage, and the denial of reproductive rights.Ross examines international and regional human rights treaties in depth, including treaty language and the jurisprudence and general interpretive guidelines developed by human rights bodies. By studying how international human rights law has been and can be implemented at the domestic level through local courts and legislatures, readers will understand how to call upon these newly articulated human rights to help bring about legislation, court decisions, and executive action that protect women from human rights violations.

Readers in Western developed countries are most familiar with abuses of political and civil rights, but the international human rights regime also embraces a set of laws regarding economic rights. These rights include the right to work and to just and favorable working conditions; the right to join and form trade unions; the right to social security; specific rights for the family; the right to an adequate standard of living, including food, clothing, housing, and "the continuous improvement of living conditions"; and the right to "the highest attainable standard of physical and mental health."In original essays by scholars senior and junior, this volume explains how these rights are realized-or violated-in Canada and the United States. Contributors analyze the philosophy, law, and politics of economic rights and discuss specific issues such as poverty, health care, and the rights of people with disabilities. Central to the problems of both countries are the human rights abuses evident in all contemporary capitalist societies. When the inequalities among citizens are not cushioned by a national commitment to economic rights, or when governments fail to maintain social safety nets for all citizens, economic rights are at risk.Contributors consider the problem from the perspective of their own countries: Canada, the United States, and, for contrast, the Netherlands. They do so in order to explore whether their own countries fall short of meeting international standards of economic rights. They also address the criticism often made by non-Western scholars of human rights-that their Western colleagues preach human rights abroad without regard to the human rights flaws at home.

On November 3, 1979, in the Morningside neighborhood of Greensboro, North Carolina, a caravan of Ku Klux Klan and Nazi Party members arrived on the scene of an anti-Klan protest. After a scuffle, some of the Klan and Nazis opened fire on the mostly unarmed, racially mixed gathering of political activists, labor organizers, and children. While news cameras filmed, five protesters were killed and ten were wounded. Police officers were notably absent at the time of the attack. State and federal criminal trials resulted in acquittals of the shooters by all-white juries.The City of Greensboro consistently denied any responsibility for the events. In 2001, Greensboro took its first groundbreaking steps toward confronting the past through an independent Truth and Reconciliation Commission. Inspired by South Africa's efforts to tackle injustice and seek reconciliation on a larger scale, Greensboro explicitly and controversially connected its experience to other contexts of injustice and launched a novel undertaking for a U.S. community.Learning from Greensboro provides an insider's look at the truth and reconciliation process, including how it worked, the challenges it faced, and the local context in which it existed. The book offers valuable practical insights into the process of truth-telling and gives testimony to the possibility that denial, indifference, and hidden histories can be made to yield to a deeper and lasting justice.

For more than half a century, the world community has sought to codify a series of fundamental precepts intended to prevent such abuses of human rights as torture, discrimination, starvation, and forced eviction. The United Nations, other international organizations, regional institutions, and governments have developed various procedures for protecting against and providing remedies for human rights violations.International Human Rights Law is a comprehensive introductory treatise, intended for all concerned about this critical area of international law, including students, lawyers, other advocates, teachers, and academics. The book contains an overview of the development of human rights as a domain of international law; a collection of brief summaries of each of the rights specified in the Universal Declaration of Human Rights and other critical human rights instruments; and a review of the national, regional, and international procedures for implementing human rights precepts.The overview traces the history of human rights, from early philosophical and religious ideas and theories of natural law to modern formulations. The second section provides concise summaries of the substantive principles of and practices relevant to self-determination, equality, life, slavery, torture, fair trial, detention, privacy, health, food, housing, and clothing, as well as emerging rights such as sustainable development, environmental health, peace, and security from terrorism. A final section describes UN human rights procedures (both Charter-based and treaty-based); criminal procedures; African, European, inter-American, and other regional systems; national institutions and processes, truth and reconciliation commissions, and nongovernmental organizations. Throughout, example cases are cited, and each chapter concludes with a list of the most useful print and web resources.

"As nations struggling to heal wounds of civil war and atrocity turn toward the model of reconciliation, Reconciliation in Divided Societies takes a systematic look at the political dimensions of this international phenomenon. . . . The book shows us how this transformation happens so that we can all gain a better understanding of how, and why, reconciliation really works. It is an almost indispensable tool for those who want to engage in reconciliation"-from the foreword by Archbishop Emeritus Desmond TutuAs societies emerge from oppression, war, or genocide, their most important task is to create a civil society strong and stable enough to support democratic governance. More and more conflict-torn countries throughout the world are promoting reconciliation as central to their new social order as they move toward peace and stability.Scores of truth and reconciliation commissions are helping bring people together and heal the wounds of deeply divided societies. Since the South African transition, countries as diverse as Timor Leste, Sierra Leone, Fiji, Morocco, and Peru have placed reconciliation at the center of their reconstruction and development programs. Other efforts to promote reconciliation-including trials and governmental programs-are also becoming more prominent in transitional times. But until now there has been no real effort to understand exactly what reconciliation could mean in these different situations. What does true reconciliation entail? How can it be achieved? How can its achievement be assessed? This book digs beneath the surface to answer these questions and explain what the concepts of truth, justice, forgiveness, and reconciliation really involve in societies that are recovering from internecine strife.Looking to the future as much as to the past, Erin Daly and Jeremy Sarkin maintain that reconciliation requires fundamental political and economic reform along with personal healing if it is to be effective in establishing lasting peace and stability. Reconciliation, they argue, is best thought of as a means for transformation. It is the engine that enables victims to become survivors and divided societies to transform themselves into communities where people work together to raise children and live productive, hopeful lives. Reconciliation in Divided Societies shows us how this transformation happens so that we can all gain a better understanding of how and why reconciliation is actually accomplished.

In recent years, aggrieved groups around the world have routinely portrayed themselves as victims of human rights abuses. Physically and mentally disabled people, indigenous peoples, AIDS patients, and many others have chosen to protect and promote their interests by advancing new human rights norms before the United Nations and other international bodies. Often, these claims have met strong resistance from governments and corporations. More surprisingly, even apparent allies, such as Amnesty International, Human Rights Watch, and other nongovernmental organizations, have voiced misgivings, arguing that rights "proliferation" will weaken efforts to protect their traditional concerns: civil and political rights.Why are certain global problems recognized as human rights issues while others are not? How do local activists transform long-standing problems into universal rights claims? When and why do human rights groups, governments, and international organizations endorse new rights? The International Struggle for New Human Rights is the first book to address these issues.Focusing on activists who advance new rights, the book introduces a framework for understanding critical strategies and conflicts involved in the struggle to persuade the human rights movement to move beyond traditional problems and embrace pressing new ones.Essays in the volume consider rights activism by such groups as the South Asian Dalits, sexual minorities, and children of wartime rape victims, while others explore new issues such as health rights, economic rights, and the right to water. Examining both the successes and failures of such campaigns, The International Struggle for New Human Rights will be a key resource not only for scholars but also for those on the front lines of human rights work.