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Law and Criminology (R0)

Tom Daems

Olivia Nederlandt

Aurore Vanliefde De Keyser

Preventing Torture and Monitoring Places of Detention

The Role of National Preventive Mechanisms in Europe

&lt;p&gt;Chapter 1: &lt;span lang="EN-GB" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-fareast-font-family: Times; mso-font-kerning: 0pt; mso-ligatures: none; mso-ansi-language: EN-GB; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;"&gt;Monitoring places of detention under OPCAT Spotlight on NPMs in Europe.- &lt;/span&gt;Chapter 2: &lt;span lang="NL-BE" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: NL-BE; mso-fareast-language: EN-US; mso-bidi-language: AR-SA; mso-no-proof: yes;"&gt;The SPT and NPMs an evolving relation.- &lt;/span&gt;Chapter 3: &lt;span lang="NL-BE" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: NL-BE; mso-fareast-language: EN-US; mso-bidi-language: AR-SA; mso-no-proof: yes;"&gt;The French Controleur general des lieux de privation de liberte towards a panoptic control.- &lt;/span&gt;Chapter 4: &lt;span lang="NL-BE" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: NL-BE; mso-fareast-language: EN-US; mso-bidi-language: AR-SA; mso-no-proof: yes;"&gt;The Czech Republic and OPCAT Reflection on almost 20 years of the Czech NPM.- &lt;/span&gt;Chapter 5: &lt;span lang="NL-BE" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: NL-BE; mso-fareast-language: EN-US; mso-bidi-language: AR-SA; mso-no-proof: yes;"&gt;Ten Years of NPM in Italy Some Reflections on the Past and the Possible Ways Ahead.- &lt;/span&gt;Chapter 6: &lt;span lang="NL-BE" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: NL-BE; mso-fareast-language: EN-US; mso-bidi-language: AR-SA; mso-no-proof: yes;"&gt;The Dutch NPM A new horizon for prevention of torture against torture and other cruel inhuman or degrading treatment or punishment in the Netherlands.- &lt;/span&gt;Chapter 7: &lt;span lang="NL-BE" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: NL-BE; mso-fareast-language: EN-US; mso-bidi-language: AR-SA; mso-no-proof: yes;"&gt;The United Kingdoms National Preventive Mechanism Lessons in Coordination and Collaboration.- &lt;/span&gt;Chapter 8: &lt;span lang="NL-BE" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: NL-BE; mso-fareast-language: EN-US; mso-bidi-language: AR-SA; mso-no-proof: yes;"&gt;Fifteen years of the Swiss National Preventive Mechanism Reflecting on Impact and the Boundaries of Deprivation of Liberty.- &lt;/span&gt;Chapter 9: &lt;span lang="NL-BE" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: NL-BE; mso-fareast-language: EN-US; mso-bidi-language: AR-SA; mso-no-proof: yes;"&gt;The Austrian Ombudsman Board as National Preventive Mechanism A unique approach combining OPCAT and CRPD Mandates.- &lt;/span&gt;Chapter 10: &lt;span lang="NL-BE" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: NL-BE; mso-fareast-language: EN-US; mso-bidi-language: AR-SA; mso-no-proof: yes;"&gt;Belgiums long road to OPCAT Ratification Challenges and prospects of the Belgian NPM.- &lt;/span&gt;Chapter 11: &lt;span lang="NL-BE" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-ansi-language: NL-BE; mso-fareast-language: EN-US; mso-bidi-language: AR-SA; mso-no-proof: yes;"&gt;Conclusion 20 years of NPMs in Europe highlights of a varied preventive monitoring landscape.&lt;/span&gt;&lt;/p&gt;

This book provides a novel judicial framework for receiving and considering religious and cultural claims in shaping human rights in constitutional secular democracies. It does this through an extended case study of the Indian constitutional jurisprudence. Abortion and surrogacy, LGBTQ + rights, sex work and euthanasia are arguably the most controversial human rights issues of our time. They all invite passionate religious and cultural debate but are not themselves religious or cultural rights issues. Instead, they pose a fundamental constitutional question: How far can religion and culture go in shaping general human rights in secular constitutional democracies? Moving beyond the logic of individual rights, this book provides an integrated and holistic approach to answering this classic question of constitutional law. To do this, it proposes an innovative empirically backed normative-theoretical framework which synthesises insights from cultural psychoanalysis, feminist legal scholarship, socio-legal method, constitutional law, evidence law, and political theory. It looks at a unique constellation of cases belonging to eight different human rights themes covering the period since India's independence in 1947 and systematically analyses the religious and cultural claims made in those cases. It finds that in India, a more holistic approach to answering our classic constitutional puzzle requires a simultaneous consideration of three different theories: A theory of constitutional interpretation which formulates restrictions on a judge considering religious and cultural claims in fundamental rights cases; A theory of judicial notice which determines when such claims can be admitted without proof; A theory of secularism and public reason which argues that the claims must be given weight in the final decision only if they match defensible conceptions of constitutional values. The book develops these theories and applies them to the Indian cases, providing an innovative approach to an age-old question.

With God as our Witness

Religion, Culture, and Human Rights in India

A fairer, healthier, more caring and sustainable society is entirely within our grasp. The renowned co-author of The Spirit Level shows us the way.'An uplifting vision for solving inequality that benefits everyone' ANDY BURNHAM'Poverty and inequality are at the heart of all our problems. Kate Pickett's book shows how tackling them must be at the heart of our solutions too' ZACK POLANSKI'Just what these times are crying out for' KATE RAWORTHHow do we ensure that everyone has good health and receives the care they need? How do we provide education that allows every child to flourish? How do we ensure safety, justice and a sustainable environment for all?In this inspiring book, world-leading social scientist Kate Pickett shows that to make a good society - in which everyone has what they need to be well, and everyone would be better off - we must prioritise the health, care, education and rehabilitation of those who have the least and suffer the most. Drawing on decades of proven solutions and success stories from around the globe, The Good Society cuts to the essence of the challenges we face and presents us with a practical, perspective-shifting vision for how to tackle them.'Genuinely transformative. A powerful and deeply humane vision that focuses on what really matters' DANIEL CHANDLER'Daringly optimistic' FINANCIAL TIMES'Electrifying' POLLY MORLAND'Vital ... shines a light for hope' INDEPENDENT

And How We Make It

The Good Society

This book offers an alternate trajectory for EU copyright law. Building on cultural norms in creative communities to reuse, recreate and share, the book proposes a more holistic approach to reconcile conflicting copyright interests. Drawing upon Niklas Luhmann's system theory, John Dewey's theory of art and feminist data theory, it advocates access to, and care within, creative communicative spaces, such as social media platforms or artificial intelligence (AI) data infrastructures, to safeguard creativity and cultural production online. Following a comprehensive assessment of current EU copyright law and related regulation, it proposes a rebuttable presumption of artistic communication to account for the nature of communication between authors, users and the public that safeguards creative reuse. The book isolates the question of remuneration, particularly in AI context, as one of collective socio-cultural value to address wider harms through a cultural commons existing on the border of the EU copyright system. Reflecting on traditional copyright concepts such as authorship, consent and remuneration alongside more novel legal structures like a right of collective informational self-determination, Reshaping EU Copyright Law to Support Creativity Online provides a foundation to reshape how the EU copyright system and its regulatory neighbours adequately respond to new forms of creativity, dissemination, and its use.

Offers an alternate trajectory for EU copyright law to adequately respond to new forms of creativity

Creative Reuse

Reshaping EU Copyright Law to Support Creativity Online

This book provides an in-depth exploration of the phenomenon of heritage crime in England and Wales. Drawing on a pastiche of empirical data comprised of qualitative testimony from police officers, victims of heritage crime, and heritage practitioners, it interrogates the following areas: i) the nature of heritage crime, ii) how is it conceptualized and operationalized within policing, iii) the victim of heritage crime and iv) opportunities for improved practice in this area. It speaks to academics and students who are interested in art, antiques and cultural property crime as well as policing and victimisation relating to these crimes.&nbsp;Dr Bethan Poyser
 is&nbsp;Lecturer in Criminology in the Department of Law and Criminology at Aberystwyth University, UK.

This book&nbsp;provides an in-depth exploration of the phenomenon of heritage crime in England and Wales. Drawing on a pastiche of empirical data comprised of qualitative testimony from police officers, victims of heritage crime, and heritage practitioners, it interrogates the following areas: i) the nature of heritage crime, ii) how is it conceptualized and operationalized within policing, iii) the victim of heritage crime and iv) opportunities for improved practice in this area. It speaks to academics and&nbsp;students who are interested in art, antiques and cultural property crime as well as policing and victimisation relating to these crimes.&nbsp;

Heritage Crime and Victimisation

Springer Textbooks in Law

NOHA Textbook

International Humanitarian Action

Transfer of Proceedings in Criminal Matters

This book is the first comprehensive academic treatment of the International Covenant on Economic, Social and Cultural Rights (ICESCR) and employment rights, which has a global vocation demonstrated by having been ratified by 173 States since it was adopted in 1966. Workers' rights need protection and reinforcement. To achieve this aim, international human rights standards can play an important role. The ICESCR is the most important global UN instrument in this respect. It covers a wide range of employment rights, including the right to strike, and has global application. But it is not sufficiently developed and used, and national implementation often needs improvement. Part 1 of the book analyses general issues related to the Covenant, such as context, development, challenges, influences at the global and regional levels, interpretation and procedural elements. Part 2 deals with the specific provisions which are directly linked to the employment relation. The book is based on a thorough analysis, mainly, but not exclusively, of the case law of the Committee on Economic, Social and Cultural Rights (CESCR), that is monitoring the national implementation of the Covenant. Together, the chapters in this book will empower academics and practitioners in labour law to find answers to relevant and practical problems in order to better enforce and improve workers' rights. The book is the result of a project by the 'Transnational Trade Union Rights' experts Network (TTUR), linked to the European Trade Union Institute (ETUI).

The International Covenant on Economic, Social and Cultural Rights and the Employment Relation

This collection explores the relationship between race, racism, and human rights law. It seeks to illuminate, in particular, how the European Court of Human Rights articulates the category of race, how human rights are experienced (differently) by racial minorities, and whether the European Convention on Human Rights has the tools to recognise and address racial harms. By centring race, it considers how Convention rights would look through the lens of race and ultimately interrogates if human rights law is part of the solution or part of the problem. In pursuing these inquiries, the collection brings together two fields of scholarship that have largely developed independently of each other, namely law and race, and European human rights law. Drawing upon rich expertise from theorists and human rights scholars, it is the first of its kind to systematically analyse race and racism in relation to a wide range of themes in European human rights law, including state violence, terrorism, privacy, protest, migration, hate speech, religion, domestic abuse, reproductive freedom, medicine, education, and climate change.

Race, Racism, and the European Convention on Human Rights

Oñati International Series in Law and Society

This edited collection explores the question of how those with limited capacity are enabled to take their part as members of society within the context of both a legal framework and the expectations of their family and community. The book is divided into three parts, firstly looking at the current legal position on incapacity in a number of jurisdictions. It discusses the recent European project FLEUR, and the associated debates developing around whether legislation dealing with incapacity should aim to support or control the vulnerable person. Secondly, the book looks at the experience of families with vulnerable members. Chapters examine developments in Australia, Spain, Bulgaria and Argentina, while part three looks at France, Turkey, Canada, the Netherlands, Poland and Ukraine. It asks questions such as: What are the contemporary demands for full financial protection by the state in the Netherlands? What can happen in an emergency? How did the Polish system provide for the needs of refugees in wartime, in the case of the recent flight from Ukraine into Poland? An important dimension is added to the debate, asking how we can provide support and control within a social network or group whose members have different aims and needs in a family or a community.

Incapacity and Access to Family Justice

This book is a comparative study of how courts and oversight bodies review lawmaking processes, exposing democratic deficits and advocating for transparent, participatory legislative reform across Europe. In an era of fast-track legislation and executive overreach, the democratic legitimacy of lawmaking is under increasing pressure. This timely and original volume offers the first comprehensive, comparative analysis of how judicial and non-judicial bodies monitor and assess legislative procedures across Europe and beyond. Drawing on examples from Hungary, France, and the United States, the book highlights troubling trends - such as the use of expedited processes, exclusion of opposition voices, and lack of public participation - that undermine democratic principles and good governance. Contributors examine how courts, parliamentary committees, and international organisations like the Venice Commission respond to these challenges, offering insights into their capacity to uphold constitutional standards and human rights protections. The book also explores the broader implications of defective lawmaking for the rule of law, separation of powers, and the achievement of global goals such as the UN's Sustainable Development Agenda. Featuring leading scholars and practitioners from across Europe, including underrepresented jurisdictions, the volume bridges theory and practice, offering a rich interdisciplinary perspective. It is essential reading for academics, legal professionals, policymakers, and civil society actors concerned with the integrity of democratic institutions and the future of legislative governance. By shedding light on the mechanisms of procedural review, this book makes a compelling case for more transparent, inclusive, and accountable lawmaking in democratic societies.

European Perspectives on the Procedural Review of Parliamentary Lawmaking

Ius Gentium: Comparative Perspectives on Law and Justice

The contemporary significance of the subject “Social Rights, Inequalities and Affirmative Action” is indisputable. In periods of social polarization, conflict and crisis, it is imperative that the obligation of our societies to protect and promote social rights is addressed and acknowledged. It is also necessary to recognize the way in which social rights are jeopardized by inequalities that impede the cultivation of robust social relationships and to document instances of the implementation of affirmative actions in this scenario. The aims of this work are as follows: firstly, to establish general topics (part I); secondly, to undertake more specific investigations within the primary topic (part II); and thirdly, to address the challenges posed by the technological transition currently taking place in society, which has significant consequences for social rights, (in)equality, and affirmative action (part III). The study is organized into three sections corresponding to these targets. For the purposes of this study, the analysis will commence, in the Part I of this book, at the genesis of the debates, as outlined in the chapter concerning the old and the new forms of racism. This contribution is followed by a chapter on the growing recognition of intersectional discrimination in European and global human rights frameworks and by another on structural discrimination and the function of the law against unjust enrichment. To further explore and expand upon the subjects addressed in the preceding chapters, the final chapter of Part I of this book delves into the topic of affirmative action in the United States. The second part of this work is dedicated primarily to specific forms of affirmative action, thereby deepening the discussion initiated in the first part of this book. The initial topic examines the way in which the pandemic has impacted specific social groups and led to the emergence of health disparities in the UK. The subsequent chapter is devoted to an examination of the alterations in the benefits of minimum income support in Brazil in recent years. The fourth chapter undertakes a detailed investigation of a specific affirmative action program for children and adolescents with the objective of reducing violence in urban areas. The final chapter conducts an analysis of ageing, public policies and inclusion in Brazil. The third and final section is dedicated to an examination of the challenges faced by our technological societies. The field of “Social Rights, Inequalities and Affirmative Action” is set to be impacted by the regulation of artificial intelligence, the increasing digitalization of activities, and the development of new tools designed to enhance the efficiency of the social state. The initial chapter of the concluding section deals with the regulation of artificial intelligence in Brazil and the impacts of neurotechnology. The second study examines conservative digitalization and structural inequalities in Latin American information societies, while the final study focuses on the emergence of the social digital state and the use of instruments that produce inequality and discrimination.

The contemporary significance of the subject “Social Rights, Inequalities and Affirmative Action” is indisputable. In periods of social polarization, conflict and crisis, it is imperative that the obligation of our societies to protect and promote social rights is addressed and acknowledged. It is also necessary to recognize the way in which social rights are jeopardized by inequalities that impede the cultivation of robust social relationships and to document instances of the implementation of affirmative actions in this scenario. The aims of this work are as follows: firstly, to establish general topics (part I); secondly, to undertake more specific investigations within the primary topic (part II); and thirdly, to address the challenges posed by the technological transition currently taking place in society, which has significant consequences for social rights, (in)equality, and affirmative action (part III). The study is organized into three sections corresponding to these targets. For the purposes of this study, the analysis will commence, in the Part I of this book, at the genesis of the debates, as outlined in the chapter concerning the old and the new forms of racism. This contribution is followed by a chapter on the growing recognition of intersectional discrimination in European and global human rights frameworks and by another on structural discrimination and the function of the law against unjust enrichment. To further explore and expand upon the subjects addressed in the preceding chapters, the final chapter of Part I of this book delves into the topic of affirmative action in the United States. The second part of this work is dedicated primarily to specific forms of affirmative action, thereby deepening the discussion initiated in the first part of this book. The initial topic examines the way in which the pandemic has impacted specific social groups and led to the emergence of health disparities in the UK. The subsequent chapter is devoted to an examination of the alterations in the benefits of minimum income support in Brazil in recent years. The fourth chapter undertakes a detailed investigation of a specific affirmative action program for children and adolescents with the objective of reducing violence in urban areas. The final chapter conducts an analysis of ageing, public policies and inclusion in Brazil. The third and final section is dedicated to an examination of the challenges faced by our technological societies. The field of “Social Rights, Inequalities and Affirmative Action” is set to be impacted by the regulation of artificial intelligence, the increasing digitalization of activities, and the development of new tools designed to enhance the efficiency of the social state. The initial chapter of the concluding section deals with the regulation of artificial intelligence in Brazil and the impacts of neurotechnology. The second study examines conservative digitalization and structural inequalities in Latin American information societies, while the final study focuses on the emergence of the social digital state and the use of instruments that produce inequality and discrimination.

Social Rights, Inequalities and Affirmative Action

Company law, as a specialised branch of business law, is uniquely shaped by contemporary challenges that often redefine traditional legal concepts. Historically, the study of company law has been approached through the lens of individual legal systems rather than a broader, comparative perspective. Addressing this gap, this advanced textbook offers a comprehensive comparative analysis of common law and civil law traditions.The book focuses on the interplay between the UK legal system and the European Union's legal framework through the analysis of some EU states' legal systems. It examines company law in common law jurisdictions, particularly England and Wales, alongside Scotland, while integrating the latest legislative developments within some states of the EU, for instance, Italy and Germany. Through this comparative lens, the textbook explores pressing contemporary issues, such as the pursuit of sustainability and the green agenda, and technological evolution, in particular, AI, analysing their impact on the foundational principles of company law.Marking the 20th anniversary of the passing of the Companies Act 2006, Comparative Company Law serves as a bridge between common law and civil law, combining tradition with innovation. It provides a nuanced exploration of how modern challenges, ranging from sustainability to human rights, reshape the structure of company law, making it an essential resource for advanced students and scholars.

Human Rights, Sustainability and Technological Advancements

Comparative Company Law

Preventing Torture and Monitoring Places of Detention

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