Making Rights Real

It’s a common complaint: the United States is overrun by rules and procedures that shackle professional judgment, have no valid purpose, and serve only to appease courts and lawyers. Charles R. Epp argues, however, that few Americans would want to return to an era without these legalistic policies, which in the 1970s helped bring recalcitrant bureaucracies into line with a growing national commitment to civil rights and individual dignity. Focusing on three disparate policy areas—workplace sexual harassment, playground safety, and police brutality in both the United States and the United Kingdom—Epp explains how activists and professionals used legal liability, lawsuit-generated publicity, and innovative managerial ideas to pursue the implementation of new rights. Together, these strategies resulted in frameworks designed to make institutions accountable through intricate rules, employee training, and managerial oversight. Explaining how these practices became ubiquitous across bureaucratic organizations, Epp casts today’s legalistic state in an entirely new light.

Ten years after the passing of the Human Rights Act 1998, it is timely to evaluate the Act's effectiveness. The focus of Making Rights Real is on the extent to which the Act has delivered on the promise to 'bring rights home'. To that end the book considers how the judiciary, parliament and the executive have performed in the new roles that the Human Rights Act requires them to play and the courts' application of the Act in different legal spheres. This account cuts through the rhetoric and controversy surrounding the Act, generated by its champions and detractors alike, to reach a measured assessment. The true impact in public law, civil law, criminal law and on anti-terrorism legislation are each considered. Finally, the book discusses whether we are now nearer to a new constitutional settlement and to the promised new 'rights culture'.

Details approaches to implementing equal rights for women in Africa, children in the Middle East and different minorities in Asia and North America.

The most important characteristics of human rights are enumerated in a clear and concise discussion that analyzes the problem of making human rights real, not just hypothetical, worldwide. Building on definitions of human rights used by the United Nations and other international bodies, and without being sidetracked by nettlesome discussions of specific troubling cases of rights abuses, the author describes the main characteristics of the system of human rights. He focuses on universality, interdependence, differences between types of rights, absolute or limited rights, the subjects of rights (individuals or groups) and the links between rights and the judicial system and between rights and democracy. He then discusses some of the instruments we can use to promote respect for human rights, the means by which we might make these rights real for a greater portion of humanity. Along the way, he analyzes some of the related controversies regarding sovereignty versus international intervention, globalization and questions of cultural imperialism as they bear upon human rights. When do we have a right to impose rights or to defend ourselves from intervention? This systematic discussion presents a complex and difficult topic in an understandable framework accessible to the general public, and will stand as a useful foundation for readings of more specialized scientific, legal and philosophical works. Where most human rights books for the nonspecialist focus on specific instances of rights abuses, this work provides a more general approach focused on the logic in the system of human rights.

More than half of the 41 million foreign-born individuals in the United States today are noncitizens, half have difficulty with English, a quarter are undocumented, and many are poor. As a result, most immigrants have few opportunities to make their voices heard in the political process. Nonprofits in many cities have stepped into this gap to promote the integration of disadvantaged immigrants. They have done so despite notable constraints on their political activities, including limits on their lobbying and partisan electioneering, limited organizational resources, and dependence on government funding. Immigrant rights advocates also operate in a national context focused on immigration enforcement rather than immigrant integration. In Making Immigrant Rights Real, Els de Graauw examines how immigrant-serving nonprofits can make impressive policy gains despite these limitations. Drawing on three case studies of immigrant rights policies—language access, labor rights, and municipal ID cards—in San Francisco, de Graauw develops a tripartite model of advocacy strategies that nonprofits have used to propose, enact, and implement immigrant-friendly policies: administrative advocacy, cross-sectoral and cross-organizational collaborations, and strategic issue framing. The inventive development and deployment of these strategies enabled immigrant-serving nonprofits in San Francisco to secure some remarkable new immigrant rights victories, and de Graauw explores how other cities can learn from their experiences.

More than half of the 41 million foreign-born individuals in the United States today are noncitizens, half have difficulty with English, a quarter are undocumented, and many are poor. As a result, most immigrants have few opportunities to make their voices heard in the political process. Nonprofits in many cities have stepped into this gap to promote the integration of disadvantaged immigrants. They have done so despite notable constraints on their political activities, including limits on their lobbying and partisan electioneering, limited organizational resources, and dependence on government funding. Immigrant rights advocates also operate in a national context focused on immigration enforcement rather than immigrant integration. In Making Immigrant Rights Real, Els de Graauw examines how immigrant-serving nonprofits can make impressive policy gains despite these limitations. Drawing on three case studies of immigrant rights policies—language access, labor rights, and municipal ID cards—in San Francisco, de Graauw develops a tripartite model of advocacy strategies that nonprofits have used to propose, enact, and implement immigrant-friendly policies: administrative advocacy, cross-sectoral and cross-organizational collaborations, and strategic issue framing. The inventive development and deployment of these strategies enabled immigrant-serving nonprofits in San Francisco to secure some remarkable new immigrant rights victories, and de Graauw explores how other cities can learn from their experiences.

Human rights in peace and development are accepted throughout the Global South as established, normative, and beyond debate. Only in the powerful elite sectors of the Global North have these rights been resisted and refuted. The policies and interests of these global forces are antithetical to advancing human rights, ending global poverty, and respecting the sovereign integrity of States and governments throughout the Global South. The link between poverty, war, and environmental degradation has become evident over the last 60 years, further augmenting international consciousness of these issues as interconnected with the rest of the human rights corpus. This book examines the history of this struggle and outlines practical means to implement these rights through a global framework of constitutional protections. Within this emerging framework, it argues that States will be increasingly obligated to formulate policies and programs to achieve peace and development throughout the global society.

The implementation of the first human rights and development treaty of the twenty-first century in Southeast Asia has global impact. This book explores the Convention on the Rights of Persons with Disabilities implementation in all ten countries of ASEAN, and is a resource to development, human rights, and disability scholars around the world.