New Books in Human Rights

With a focus on the court diversion of disabled people, Disability, Criminal Justice and Law: Reconsidering Court Diversion (Routledge 2020) undertakes a theoretical and empirical examination of how law is complicit in debilitating disabled people. In our post-institutionalisation era, diversion of disabled people from the court process is often assumed to be humane, therapeutic and socially just. However, in this work, Dr. Linda Steele draws on Foucauldian theory of biopolitics, critical legal and political theory, and critical disability theory to show that court diversion perpetuates oppression against disabled people. She shows how criminal law and mental health systems are complicit in the coercion and control of disabled bodies, of whom may not even be convicted. The normative function of court diversion is to reinforce boundaries which are at the core of jurisdiction, legal personhood and sovereignty. Steele critiques the United Nations Convention on the Rights of Persons with Disabilities to show that it does not deal with the complexities of court diversion, suggesting that the CRPD is of limited use in its abilities to challenge carceral control and legal and settler colonial violence. Dr. Linda Steele is a Senior Lecturer in Law at the University of Technology, Sydney. She researches the intersections of disability, law and social justice. Prior to a career in academia, Dr. Steele was a solicitor with the Intellectual Disability Rights Service.Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK.   Learn more about your ad choices. Visit megaphone.fm/adchoices

In September-October 2021, SSEAC Stories will be hosting a mini-series of podcasts exploring the role that research plays in understanding and advocating for human rights in Southeast Asia. In the second episode, Dr Thushara Dibley talks with Professor Nick Enfield about how the field of linguistics intersects with human rights. They discuss some of the impacts that major hydro-electric dam projects in Laos have had on local communities, not just in changing day-to-day life, but in decreasing interethnic interactions, thereby eroding multiculturalism and multilingualism. In disrupting local indigenous exchanges, Professor Enfield argues that large development projects risk impeding the transmission of significant cultural knowledge, including traditional knowledge of biodiversity and environmental sustainability. The study of languages thus becomes a tool for understanding a broader set of human rights, from cultural to environmental rights.About Nick Enfield:Nick Enfield is Professor of Linguistics at the University of Sydney and director of the Sydney Social Sciences and Humanities Advanced Research Centre, and the Sydney Centre for Language Research. He is head of a Research Excellence Initiative on The Crisis of Post-Truth Discourse. His research on language, culture, cognition and social life is based on long term field work in mainland Southeast Asia, especially Laos. His recent books include The Languages of Mainland Southeast Asia (Cambridge University Press, 2021) and Mainland Southeast Asian Languages: A Concise Typological Introduction (Cambridge University Press, 2019). Nick has published widely in linguistics, anthropology, and cognitive science venues, and has written for The Guardian, the Times Literary Supplement, the Wall Street Journal, and Science. He is a Fellow of the Academy of the Social Sciences in Australia, the Royal Society of New South Wales, and the Australian Academy of the Humanities.For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoices

Improving Human Rights is based on an in-depth, filmed conversation between Howard Burton and Emilie Hafner-Burton, the John D. and Catherine T. MacArthur Professor of International Justice and Human Rights at UC San Diego and co-director of the Laboratory on International Law and Regulation at the School. This extensive conversation covers topics such international law, when and why international laws work and don’t work, the international human rights system and concrete measures that could be taken to improve it, the International Criminal Court, and the role of states in the protection of human rights.Howard Burton is the founder of the Ideas Roadshow, Ideas on Film and host of the Ideas Roadshow Podcast. He can be reached at howard@ideasroadshow.com. Learn more about your ad choices. Visit megaphone.fm/adchoices

Over the past decade, Poland and Hungary have become laboratories for a new kind of government: proto-authoritarian regimes that still have regular elections, vibrant oppositions and are externally constrained by EU law and potential loss of fiscal transfers.Viktor Orbán, Hungary's prime minister since 2010, especially has generated a comprehensive academic literature attempting to understand the special nature of his regime. Two earlier podcasts with András Körösényi and Gábor Scheiring about their efforts to classify Orbánism can be found in the NBN library and a conversation Lasse Skytt about his new edition of Orbanland (New Europe Books, 2021) is coming soon.In their new book - Illiberal Constitutionalism in Poland and Hungary: The Deterioration of Democracy, Misuse of Human Rights and Abuse of the Rule of Law (Routledge, 2021) - Professors Drinóczi and Bień-Kacała redefine the models of government practised by Orbán and Jarosław Kaczyński. By examining Polish and Hungarian history, identity, and political and legal systems, as well as the influence of European rule of law, they alight on what they believe is a new political phenomenon: illiberal constitutionalism.Agnieszka Bień-Kacała (a Pole) teaches law at the Nicolaus Copernicus University in Toruń and Tímea Drinóczi (a Hungarian) teaches law at the Federal University of Minas Gerais in Brazil.*The authors' own book recommendations are Poland's Constitutional Breakdown by Wojciech Sadurski (OUP Oxford, 2019) and Democratic Decline in Hungary Law and Society in an Illiberal Democracy by András László Pap (Routledge, 2017).Tim Gwynn Jones is an economic and political-risk analyst at Medley advisors (a division of Energy Aspects). Learn more about your ad choices. Visit megaphone.fm/adchoices

For the next four weeks, SSEAC Stories will be hosting a mini-series of podcasts exploring the role that research plays in understanding and advocating for human rights in Southeast Asia. To kick off the series, Dr Thushara Dibley is joined by Human Rights Watch Australia Director Elaine Pearson to discuss the interactions and tensions between academic research and investigation of human rights abuses conducted by human rights advocacy groups such as Human Rights Watch. Elaine Pearson gives an insight into some of the work conducted by Human Rights Watch across the region, highlighting the core role of research not just in understanding the problem, but in informing their advocacy approach to maximise impact. Together they reflect upon the different goals, methodological approaches, and challenges encountered by researchers, and delve into the ways that advocacy groups can break silos between academic research and real-world problems to progress human rights.About Elaine Pearson:Elaine Pearson is the Australia Director at Human Rights Watch, based in Sydney. She established Human Rights Watch’s Australia office in 2013 and works to influence Australian foreign and domestic policies in order to give them a human rights dimension. Pearson writes frequently for a range of publications and her articles have appeared in the Guardian, the Sydney Morning Herald, the Australian, Foreign Policy and the Washington Post. From 2007 to 2012 she was the Deputy Director of Human Rights Watch's Asia Division based in New York. She has conducted numerous human rights investigations in Australia and around the world.Prior to joining Human Rights Watch, Pearson worked for the United Nations and various non-governmental organizations in Bangkok, Hong Kong, Kathmandu and London. She is an adjunct lecturer in law at the University of New South Wales, on the advisory committee of UNSW’s Australian Human Rights Institute and on the board of the Global Alliance Against Traffic in Women. Pearson holds degrees in law and arts from Murdoch University and obtained her Master's degree in public policy at Princeton University's School of Public and International Affairs.For more information or to browse additional resources, visit the Sydney Southeast Asia Centre’s website: www.sydney.edu.au/sseac. Learn more about your ad choices. Visit megaphone.fm/adchoices

Stigma about mental illness makes life doubly hard for people suffering from mental or emotional distress. In addition to dealing with their conditions, they must also contend with social shame and secrecy. But by examining how mental illness is conceived of and treated in other cultures, we can improve our own perspectives in the Western world. In his new book, Nobody’s Normal: How Culture Created the Stigma of Mental Illness (Norton, 2021), anthropologist Roy Richard Grinker offers a critique of our current mental health system based on cross-cultural observations as well as suggestions for improving upon it. In our interview, we talk about the impact of stigma on mental health treatment and his ideas about where it comes from. He also explains why he feels optimistic about recent trends in the way individuals speak about their mental health challenges.Roy Richard Grinker is professor of anthropology and international affairs at George Washington University. His specialties include ethnicity, nationalism, and psychological anthropology, with topical expertise in autism, Korea, and sub-Saharan Africa. He is also the director of George Washington University’s Institute for Ethnographic Research and editor-in-chief of the journal Anthropological Quarterly. He is author of several books, including Unstrange Minds: Remapping the World of Autism. He lives in Washington, DC.Eugenio Duarte, Ph.D. is a psychologist and psychoanalyst practicing in Miami. He treats individuals and couples, with specialties in gender and sexuality, eating and body image problems, and relationship issues. He is a graduate and faculty of William Alanson White Institute in Psychiatry, Psychoanalysis, and Psychology in New York City and former chair of their LGBTQ Study Group; and faculty at Florida Psychoanalytic Institute in Miami. He is also a contributing author to the book Introduction to Contemporary Psychoanalysis: Defining Terms and Building Bridges (2018, Routledge) and has published on issues of gender, sexuality, and sexual abuse. Learn more about your ad choices. Visit megaphone.fm/adchoices

Obligations: New Trajectories in Law (Routledge, 2021) critically analyses the role that obligations play in law and social ordering. As rights have become preeminent feature in modern societies, the work that obligations do has faded into the background. However, in his latest book, Professor Scott Veitch challenges the normative assumptions that shape law and social practices, and shows how obligations and practices of obedience are core to sustaining the inequalities faced by members of the global community. In doing so, Veitch explores the potential and enduring role that obligations have in furthering individual and collective well-being. He offers an alternative trajectory for the current crises faced by all citizens today, including environmental degradation and human inequality and injustice. This is an important book. It will allow the reader to rethink the dominant model of human rights, and enable understandings of alternative complementary trajectories of obligations. An understanding of the universalism of obligations and the asymmetries and obediences that obligations create has the potential to better prioritise human and environmental needs, common goods, and solidarity. Professor Scott Veitch is the Paul K C Chung Professor in Jurisprudence in the Department of Law at the University of Hong Kong. He was educated in Scotland and has worked at universities in Australia and the United Kingdom, and was formerly Professor of Jurisprudence at the University of Glasgow. He has held visiting academic positions in South Africa, New Zealand, Belgium, France and the Basque country. His area of research is jurisprudence broadly defined, and his work draws on historical, philosophical and sociological insights into law and legal institutions. Learn more about your ad choices. Visit megaphone.fm/adchoices

Catholic Greg Bourke's profoundly moving memoir about growing up gay and overcoming discrimination in the battle for same-sex marriage in the US. In this compelling and deeply affecting memoir, Greg Bourke recounts growing up in Louisville, Kentucky, and living as a gay Catholic. Gay, Catholic, and American: My Legal Battle for Marriage Equality and Inclusion (U Notre Dame Press, 2021) describes Bourke's early struggles for acceptance as an out gay man living in the South during the 1980s and '90s, his unplanned transformation into an outspoken gay rights activist after being dismissed as a troop leader from the Boy Scouts of America in 2012, and his historic role as one of the named defendants in the landmark United States Supreme Court decision Obergefell vs. Hodges, which legalized same-sex marriage nationwide in 2015. After being ousted by the Boy Scouts of America (BSA), former Scoutmaster Bourke became a leader in the movement to amend antigay BSA membership policies. The Archdiocese of Louisville, because of its vigorous opposition to marriage equality, blocked Bourke's return to leadership despite his impeccable long-term record as a distinguished boy scout leader. But while making their home in Louisville, Bourke and his husband Michael DeLeon have been active members at Our Lady of Lourdes Catholic Church for more than three decades, and their family includes two adopted children who attended Lourdes school and were brought up in the faith. Over many years and challenges, this couple has managed to navigate the choppy waters of being openly gay while integrating into the fabric of their parish life community. Bourke is unapologetically Catholic, and his faith provides the framework for this inspiring story of how the Bourke DeLeon family struggled to overcome antigay discrimination by both the BSA and the Catholic Church and fought to legalize same-sex marriage across the country. Gay, Catholic, and American is an illuminating account that anyone, no matter their ideological orientation, can read for insight. It will appeal to those interested in civil rights, Catholic social justice, and LGBTQ inclusion.Author: Greg Bourke has had a long corporate career in information technology and management. He currently works as a health economist. Bourke and his husband, Michael De Leon, were named 2015 Persons of the Year by the National Catholic Reporter and have been active in establishing LGBTQ alumni networks at the University of Notre Dame, University of Louisville, University of Kentucky, and other organizations.John Marszalek III is author of Coming Out of the Magnolia Closet: Same-Sex Couples in Mississippi (2020, University Press of Mississippi). He is clinical faculty of the Clinical Mental Health Counseling Program at Southern New Hampshire University. Website: Johnmarszalek3.com. Twitter: @marsjf3 Learn more about your ad choices. Visit megaphone.fm/adchoices

“Religious liberty” is a phrase that we often hear, particularly in news stories revolving around Supreme Court decisions. But what is religious liberty and why is it often referred to as “the first liberty?”These are among the questions addressed in Kenneth Starr’s 2021 book, Religious Liberty in Crisis: Exercising Your Faith in an Age of Uncertainty (Encounter, 2021)Although Judge Starr possesses impeccable scholarly credentials, the book is intended for general readers. It is an informative blend of American legal and constitutional history and a primer for all of us about a crucial component of our set of rights as citizens.Even if you are not religious, the book will endow you with a greater understanding of an issue that frequently roils the body politic and that is both timeless and of ongoing concern. Think Masterpiece Cakeshop v. Colorado Civil Rights Commission—decided by the Supreme Court in 2018.Luckily, we have with us today one of America’s leading lawyers to walk us through the fascinating history of religious liberty and give us the lowdown on what we need to know should we find ourselves facing a choice between honoring our sabbath day and keeping our jobs.Kenneth Starr has been a figure of great note on the American legal landscape for decades. He is perhaps best known for his role in the Whitewater investigation during the Clinton administration and as a key member of Donald Trump’s defense team in the latter’s first impeachment trial. He has been among other things, a federal judge at the highest levels, a law school dean and a university president.Most significantly in terms of the subject matter of his new book and thus the main focus of our interview, he is a long-time champion of religious liberty and, as solicitor general under George HW Bush, argued before the Supreme Court such notable religious liberty and freedom of speech cases as Westside Community Schools v. Mergens, in which the Supreme Court found that a Bible club has the same right of equal access on school grounds as any other student-led organization. Judge Starr employs that famous case to illustrate one of the concepts discussed in book, equality. It is a cause dear to his heart and probably even more so given own quite humble origins in his home state of Texas.The common man aspects of Starr’s background have enabled him to make this book approachable to its intended broad-ranging audience. Most of us at one time or another have found ourselves in school, work or business environments or simply driving along a highway and it is surprising how often questions involving religious liberty pop up for average people in such settings.Starr guides the reader engagingly and expertly through such questions as:What is the Lemon Test? What do you need to know about religious liberty as a parent, public school or college student, teacher, small business owner or employee? How have wedding cakes, monuments in the shape of Christian crosses, public displays of the Ten Commandments on government property, and government-subsidized school bus rides played into all of this? What is “accommodation” in this context and when might you need to seek one and what should you do if you are denied it? What is the relationship between free speech and religious liberty?We welcome Judge Starr, a Christian gentleman of the first order.Give a listen.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices

Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy (Cambridge University Press, 2017), challenges the current legal landscape of mental capacity law and human rights legislation, arguing that assessments of mental capacity should take account the role of relationships in the decision-making capacity of individuals with impairments and mental disorders. Dr. Camillia Kong's is an interdisciplinary exploration, combining philosophy, legal analysis on the law of England and Wales, the European Convention of Human Rights, and the UN Convention on the Rights of Persons with Disabilities. Kong defends a concept of mental capacity, but one which at times provides scope for justifiable interventions into disabling relationships. The implications of Kong's hypothesis are groundbreaking; she provides a framework which articulates the practice of capacity assessments to help to better situate, interpret, and understand the decisions and actions of people with impairments. This monograph is the basis of another publication (co-written with Alex Ruck Keene) Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley, 2018). You can listen to that interview with Dr. Kong and Ruck-Keene here.Dr Camillia Kong is a Senior Research Fellow at the Institute for Crime & Justice, Policy Research at Birkbeck, University of London. She is the Principal Investigator of Judging Values and Participation in Mental Capacity Law.Jane Richards is a doctoral student at the University of Hong Kong. You can find her on twitter where she follows all things related to human rights and Hong Kong politics @JaneRichardsHK Learn more about your ad choices. Visit megaphone.fm/adchoices