New Books in Human Rights

New Books Network
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Aug 16, 2021 • 1h 8min

Camillia Kong, "Mental Capacity in Relationship: Decision-Making, Dialogue, and Autonomy" (Cambridge UP, 2017)

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
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Aug 13, 2021 • 1h 34min

Katy Faust and Stacy Manning, "Them Before Us: Why We Need a Global Children’s Rights Movement" (Post Hill Press, 2021)

Children have the right to be raised by both their mother and father. That used to be a noncontroversial idea. But no longer.In their eye-opening 2021 book, Them Before Us: Why We Need a Global Children's Rights Movement (Post Hill Press, 2021), Katy Faust and Stacy Manning examine how children have been damaged by such developments as no-fault divorce, marriage equality, and the largely unregulated fields of surrogacy and in-vitro-fertilization.They argue that in the quest for the satisfaction of the desires of adults (the “Us” of the title), children (the “Them” of the title) have been treated as afterthoughts and made into tiny cheerleaders for lifestyles that have deprived the child of either a father or a mother by design.The authors quote extensively from a broad range of now adult children of same-sex couples, surrogacy and children of “donors” of sperm or eggs—which are not usually donated but bought and paid for. These personal testimonies are heartbreaking and expose the cost to the children of these arrangements and technologies.One example from a woman conceived via egg donation:It bothers me that I cost money, that the one woman I want most in this life is a stranger yet 50 percent of me. Sometimes I wish I weren’t born. I didn’t ask for this, and I never would have consented to it.The child of a male same-sex couple says:My five-year-old brain could not understand why I didn’t have the mom that I suddenly desperately wanted. I felt the loss. I felt the hole. As I grew, I tried to fill that hole with aunts, my dads’ lesbian friends, and teachers. I remember asking my first-grade teacher if I could call her Mom. I asked that question of any woman who showed me any amount of love and affection. It was instinctive. I craved a mother’s love even though I was well loved by my two gay dads.This is an invaluable, gripping record in their own words of the trauma inflicted on children of this brave new world. They are moving documents that show the dark side of social and scientific changes that are often lauded as utterly desirable and unproblematic.Faust and Manning detail the repercussions of three categories of intentional parental loss: children who experienced divorce and abandonment, children with LGBT parents, and children born of surrogacy and via sperm and/or egg donation. They point out, for example, the startling contrast between adoption (heavily regulated) and surrogacy (basically, shockingly unregulated).This is an expose of historic importance. It should be read by anyone interested in the fields of bioethics, sociology, psychology, child development, law, public policy, gender studies and concerned about the fate of children born of reproductive technologies or raised intentionally without a mother or a father. The ramifications of these vast and sudden changes have not been addressed sufficiently or candidly outside of conservative scholarly circles.A crucial readership for this book is that of would-be parents considering having children outside of a traditional marriage or producing children via sperm or egg donation. Read what the children of such arrangements say of their lifelong pain and feelings of loss before you rush into a parenthood that cannot take place without intentional biological parent deprivation.We’ll talk today with Katy Faust, the founder and director of Them Before Us and the co-author of this important book about the rights of children.Give a listen.Hope J. Leman is a grants researcher. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Aug 5, 2021 • 1h 8min

Kanika Batra, "Worlding Postcolonial Sexualities: Publics, Counterpublics, Human Rights" (Routledge, 2021)

Worlding Postcolonial Sexualities: Publics, Counterpublics, Human Rights (Routledge, 2021) demonstrates how late twentieth century postcolonial print cultures initiated a public discourse on sexual activism and contends that postcolonial feminist and queer archives offer alternative histories of sexual precarity, vulnerability, and resistance.The book's comparative focus on India, Jamaica, and South Africa extends the valences of postcolonial feminist and queer studies towards a historical examination of South-South interactions in the theory and praxis of sexual rights. Analyzing the circumstances of production and the contents of English-language and intermittently bilingual magazines and newsletters published between the late 1970s and the late 1990s, these sources offer a way to examine the convergences and divergences between postcolonial feminist, gay, and lesbian activism. It charts a set of concerns common to feminist, gay, and lesbian activist literature: retrogressive colonial-era legislation impacting the status of women and sexual minorities; a marked increase in sexual violence; piecemeal reproductive freedoms and sexual choice under neoliberalism; the emergence and management of the HIV/AIDS crisis; precariousness of lesbian and transgender concerns within feminist and LGBTQ+ movements; and Non-Governmental Organizations as major actors articulating sexual rights as human rights. This methodologically innovative work is based on archival historical research, analyses of national and international policy documents, close readings of activist publications, and conversations with activists and founding editors.This is an important intervention in the field of gender and sexuality studies and is the winner of the 2020 Feminist Futures, Subversive Histories prize in partnership with the NWSA. The book is key reading for scholars and students in gender, sexuality, comparative literature, and postcolonial studies.Rachel Stuart is a sex work researcher whose primary interest is the lived experiences of sex workers. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Aug 2, 2021 • 1h 8min

Lani Watson, "The Right to Know: Epistemic Rights and Why We Need Them" (Routledge, 2021)

We often talk as if individuals have entitlements to certain kinds of information: medical test results, political representatives’ voting records, crime statistics, and the like. We also talk as if these entitlements entail duties on the part of others to provide the relevant information. Moreover, we talk as if the individual’s entitlement to information also entails a range of protections against misinformation, deception, and the like.Despite the fact that these ideas are common, there is surprisingly little in the philosophical literature about the nature and contours of the relevant entitlements. In her new book, The Right to Know: Epistemic Rights and Why We Need Them (Routledge, 2021), Lani Watson seeks to remedy this. She develops a conception of epistemic rights – a distinct class entitlements which nonetheless fits neatly into the existing landscape of rights theory. Robert Talisse is the W. Alton Jones Professor of Philosophy at Vanderbilt University. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Jul 28, 2021 • 50min

Francis Wade, "Myanmar's Enemy Within: Buddhist Violence and the Making of a Muslim 'Other'" (Zed Books, 2017)

In 2017, Myanmar's military launched a campaign of widespread targeted violence against its Rohingya minority. The horrific atrocities was later described by United Nations experts as genocide. This had been building since 2012, when earlier ethnic violence erupted between Buddhists and Muslims in Western Myanmar. These very grave incidents leading to the deaths and also the flight of thousands of Rohingya to neighbouring Bangladesh was the most concentrated exodus of people since the genocide in Rwanda in 1994. In Myanmar's Enemy Within: Buddhist Violence and the Making of the Muslim 'Other' (Zed Books, 2017, 2019), Francis Wade identifies the underlying causes which flamed division, segregation and resulted in a horrific loss of life and violence. Wade explores how the manipulations by a ruling elite turned prompted neighbours to take up arms against neighbour, by politicising ethnic identity. The crisis is contextualised in the legacy of British colonialism which calcified the previously fluid dynamics of cultural groups across the country.The military junta is shown to have exploited these divisions in its campaign which targeted the Rohingya minority. In the period of extreme violence, Wade draws out how the U.N., and more broadly, how Western backers of the apparent political transition to democratisation contemporaneously ignored the unfolding situation. Through his on-the-ground accounts, Wade explores how citizens experiencing rights and freedoms unseen for half a century, under a much lauded civilian leaders such as Aung San Suu Kyi, became complicit in this humanitarian catastrophe. Francis Wade is a journalist specialising in Myanmar and Southeast Asia. He began reporting on Myanmar in 2009 and went on to cover in-depth the transition from military rule and the violence which accompanied it. He has reported for The Guardian, The London Review of Books, TIME, New York Review of Books and more. 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
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Jul 1, 2021 • 1h 5min

Heather Douglas, "Women, Intimate Partner Violence, and the Law" (Oxford UP, 2021)

Every year, millions of women turn to law to help them escape intimate partner violence. The legal processes are complex and varied, often enmeshing women for many years. In Intimate Partner Violence and the Law, published by Oxford University Press in 2021, Professor Heather Douglas examines intimate partner violence, including nonphysical coercive control, and shows how women's interactions with the law and legal processes can support or exacerbate their experiences and their abilities to leave an abusive partner. Over a period of three years, Douglas conducted a series of interviews to understand how women engage with criminal, family, and civil courts. The women's stories show how abusers can use the law to further perpetuate abuse. Despite the heightened danger that leaving an abusive partner can represent, the book showcases the level of endurance, resilience and patience that it takes women when they seek protection through law for themselves and their children. Reading the first-hand experiences of women and the impact on them from their interactions with police, lawyers, judges, and child protective services is extremely moving and illuminating. The book is profoundly important in understanding the need for reform to protect women and their children from intimate partner violence. Douglas shows how the legal system operates in practice, and the gap in protection for women and their children as to how it should work. Professor Heather Douglas is a Professor of Law at the Melbourne Law School at The University of Melbourne and Honorary Professor at the School of Law at The University of Queensland. She has worked on the legal response to intimate partner violence for over twenty years, both as a practitioner and an academic. 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
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Jul 1, 2021 • 50min

Sinja Graf, "The Humanity of Universal Crime: Inclusion, Inequality, and Intervention in International Political Thought" (Oxford UP, 2021)

We often hear or read the phrase “crimes against humanity” when we learn about the Holocaust, or genocide in places like Rwanda or Serbia. And just as often, we don’t reflect on what this phrase means because it seems to simply encompass horrific actions by individuals or groups, directed towards specific ethnic, religious, or cultural groups. Sinja Graf’s new book, The Humanity of Universal Crime: Inclusion, Inequality, and Intervention in International Political Thought (Oxford UP, 2021), helps us to consider what this terminology actually means and how we can and should think about both the crimes themselves and the humanity of the victims and the perpetrators. As Graf explains in the book and in our conversation, once we start to unpack this term and our conceptualization of it, the complexity of truly understanding “universal crimes” becomes starkly clear. It is also clear that this is an understudied realm within contemporary political theory. The Humanity of Universal Crime seeks to explore this complexity and to provide a path to think about and consider both the idea itself and how it is has been used in politics and processes over the past centuries.Graf knits together this exploration and understanding across disciplines, weaving in concepts from international law, political theory, colonial studies, and human rights. In the initial section of the book, John Locke’s engagement with this idea of universal crime is traced and explored to understand how Locke, who was so influential to the establishment of classical liberal thought and structures, saw the place and role of universal crime in context of the coercive power of the state. The next section of the book, which is both historical and theoretical, examines the way that colonialism created fragmentation within concepts of humanity, determining that there were those who are included under this umbrella of humanity, and, as a result, get to enjoy the protections and rights associated with being included. And there are those who were considered not fully human, and thus could be excluded from this umbrella category. As with so much else that was part of western imperial colonialism and 19th century eurocentrism, these distinctions fell along racial, religious, national, and ethnic lines. Graf’s research examines this normative fracturing of humanity during this period. The final section of The Humanity of Universal Crime is focused on more contemporary debates about distinctions between war and policing, especially in the context of the post-Cold War world. In this more recent period, structures and processes have been established and developed to legally respond to “crimes against humanity.” But Graf notes that, even so, these international systems do not necessarily have clear understandings of humanity – and how the perpetrators and the victims are both included under that umbrella category. The Humanity of Universal Crime is a keen investigation of these complex concepts and how they have been put into effect, and what we really understand about crimes against humanity and what we still need to consider.Lilly J. Goren is professor of political science at Carroll University in Waukesha, WI. She is co-editor of the award winning book, Women and the White House: Gender, Popular Culture, and Presidential Politics (University Press of Kentucky, 2012), as well as co-editor of Mad Men and Politics: Nostalgia and the Remaking of Modern America (Bloomsbury Academic, 2015). Email her comments at lgoren@carrollu.edu or tweet to @gorenlj. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Jun 15, 2021 • 58min

Megan Carney, "Island of Hope: Migration and Solidarity in the Mediterranean" ( U of California Press, 2021)

With thousands of migrants attempting the perilous maritime journey from North Africa to Europe each year, transnational migration is a defining feature of social life in the Mediterranean today. On the island of Sicily, where many migrants first arrive and ultimately remain, the contours of migrant reception and integration are frequently animated by broader concerns for human rights and social justice. Island of Hope: Migration and Solidarity in the Mediterranean (University of California Press, 2021) sheds light on the emergence of social solidarity initiatives and networks forged between citizens and noncitizens who work together to improve local livelihoods and mobilize for radical political change. Basing her argument on years of ethnographic fieldwork with frontline communities in Sicily, anthropologist Megan Carney asserts that such mobilizations hold significance not only for the rights of migrants, but for the material and affective well-being of society at large. Megan A. Carney is Assistant Professor in the School of Anthropology and Director of the Center for Regional Food Studies at the University of Arizona. Her writing has appeared in The Hill, The Conversation, and Civil Eats. She is the author of the award-winning book The Unending Hunger.Fulya Pinar is a PhD candidate in the department of Anthropology at Rutgers University. Her work focuses on the refugee women's commoning practices to build sustainable futures in Turkey. Learn more about your ad choices. Visit megaphone.fm/adchoices
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Jun 11, 2021 • 26min

Photography and Human Rights in Thailand: A Discussion with Karin Zackari

What do startling photographic images of state violence from events such as the 6 October 1976 massacre at Thammasat University tell us about the nature of human rights in Thailand?In conversation with NIAS Director Duncan McCargo, Karin Zackari of Lund University discusses some of the key themes that emerge from her doctoral thesis, the first study to view egregious episodes of human rights violations in Thailand through a photographic lens. Karin talks about some of the iconic images she studied, the challenges of tracking down archival sources, and how a recent online project is now making some of these important materials more accessible (see https://doct6.com/).Karin Zackari defended her PhD thesis entitled Framing the Subject: Human Rights and Photography in Contemporary Thai History at Lund University in September 2020. You can download her thesis here.The Nordic Asia Podcast is a collaboration sharing expertise on Asia across the Nordic region, brought to you by the Nordic Institute of Asian Studies (NIAS) based at the University of Copenhagen, along with our academic partners: the Centre for East Asian Studies at the University of Turku, Asianettverket at the University of Oslo, and the Stockholm Centre for Global Asia at Stockholm University.We aim to produce timely, topical and well-edited discussions of new research and developments about Asia.About NIAS: www.nias.ku.dkTranscripts of the Nordic Asia Podcasts: http://www.nias.ku.dk/nordic-asia-podcast Learn more about your ad choices. Visit megaphone.fm/adchoices
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Jun 10, 2021 • 50min

C. Kong and A. Ruck Keene, "Overcoming Challenges in the Mental Capacity Act 2005" (Jessica Kingsley, 2018)

Overcoming Challenges in the Mental Capacity Act 2005: Practical Guidance for Working with Complex Issues (Jessica Kingsley Publishers, 2019) both delivers on what promises and more: it gives practical and ethical guidance for mental health law practitioners, and applicable tools to apply the Mental Capacity Act 2005. It also provides the ethical and philosophical justifications for doing so. This very useful book sets out the legal framework and within that shows how relationships can impact in both positive and negative ways. It demonstrates how autonomy can be supported within existing laws and practices and how to achieve excellent ethical standards in assessments of mental capacity and best interests. In navigating the complexities of mental capacity law and practice, this book is essential reading for students and practitioners of law, and for those who work in medicine, mental health services and social care. It is also of great significance for those interested in the task of law reform - legislators, researchers and philosophers alike will make great use of this book. This is an important book which provides insight into how the law can either support or obstruct the autonomy of people whose capacity comes into question. Dr. Camillia Kong is a Senior Research Fellow at the Institute for Crime and Justice Policy Research (ICPR) at Birkbeck, University of London. She is a moral and political philosopher with research expertise on medico-legal conceptualisation of mental capacity, the ethics of psychiatry and psychiatric genomics, and the hermeneutics and phenomenology of mental disorder.Alex Ruck Keene of 39 Essex Chambers, is an experienced barrister, writer and educator. His practice is focused on mental capacity and mental health law, in which he is able to provide specialist advice and representation, as well as delivering expert training for front line professionals. He also writes extensively in the field, including publishing the 39 Essex Chambers Mental Capacity Law Report, the ‘bible’ for solicitors (and others) working in the area. He holds a number of prestigious academic roles and is the creator of the website http://www.mentalcapacitylawandpolicy.org.uk/. 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

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