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Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals' ability to exercise their rights.   This view fundamentally shifts the focus of human rights. As well as restraining the State, human rights require the State to act positively to remove barriers and facilitate the exercise of freedom. This in turn breaks down traditional distinctions between civil and political rights and socio-economic rights. Instead, all rights give rise to a range of duties, both negative and positive. However, because positive duties have for so long been regarded as a question of policy or aspiration, little sustained attention has been given to their role in actualising human rights. Drawing on comparative experience from India, South Africa, the European Convention on Human Rights, the European Union, Canada and the UK, this book aims to create a theoretical and applied framework for understanding positive human rights duties.   Part I elaborates the values of freedom, equality, and solidarity underpinning a positive approach to human rights duties, and argues that the dichotomy between democracy and human rights is misplaced. Instead, positive human rights duties should strengthen rather than substitute for democracy, particularly in the face of globalization and privatization. Part II considers justiciability, fashioning a democratic role for the courts based on their potential to stimulate deliberative democracy in the wider environment. Part III applies this framework to key positive duties, particularly substantive equality and positive duties to provide, traditionally associated with the Welfare State or socio-economic rights.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":50924777865489,"sku":"","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"GB \/ VERY_GOOD \/ INTERNAL","offer_id":50924778193169,"sku":"GOR004761943","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"GB \/ NEW \/ INGRAM","offer_id":52487765655825,"sku":"NLS9780199535057","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"GB \/ GOOD \/ INTERNAL","offer_id":53543220314385,"sku":"GOR014957017","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0199535051.jpg?v=1751070504"},{"product_id":"women-and-the-law-book-sandra-fredman-fba-9780198763239","title":"Women and the Law","description":"As the millennium draws to a close, it is clear that equality between men and women remains a pipe-dream. 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Part II of the book applies this critique to a detailed examination of key legal issues in the UK and EU, with illuminating references to the law in North America and Australia. The result is an original and incisive analysis of pressing legal issues ranging from low pay, sexual harassment and flexible working to parenting rights and reverse discrimination. The book locates women's role in the family as a key contributory factor to their continued disadvantage within the paid workforce. Yet, in signalling the way forward, the author rejects the notion that the aim is simply to slot more women into existing structures. Instead of expecting women to conform to structures which exclude and devalue caring responsibilities, she argues, real change will only occur if paid work is restructured so that both men and women can be active participants in family life as well as in the paid workforce. The book does not, however, offer single dimensional solutions. In particular, the very difficult conflicts of interest which can arise between women, on grounds such as class or rase, are directly confronted.","brand":"WoB","offers":[{"title":"US \/ NEW \/ INGRAM","offer_id":51146972659985,"sku":"NIN9780198763239","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52403084951825,"sku":"NLS9780198763239","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"GB \/ VERY_GOOD \/ INTERNAL","offer_id":53230857617681,"sku":"GOR002708479","price":0.0,"currency_code":"GBP","in_stock":false}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0198763239.jpg?v=1750973245"},{"product_id":"comparative-human-rights-law-book-sandra-fredman-fba-9780199689415","title":"Comparative Human Rights Law","description":"Courts in different jurisdictions face similar human rights questions. Does the death penalty breach human rights? Does freedom of speech include racist speech? Is there a right to health? This book uses the prism of comparative law to examine the fascinating ways in which these difficult questions are decided. On the one hand, the shared language of human rights suggests that there should be similar solutions to comparable problems. On the other hand, there are important differences. Constitutional texts are worded differently; courts have differing relationships with the legislature; and there are divergences in socio-economic development, politics, and history. Nevertheless, there is a growing transnational conversation between courts, with cases in one jurisdiction being cited in others.   Part I sets out the cross-cutting themes which shape the ways judges respond to challenging human rights issues. It examines when it is legitimate to refer to foreign materials; how universality and cultural relativity are balanced in human rights law; the appropriate role of courts in adjudicating human rights in a democracy; and the principles judges use to interpret human rights texts. The book is unusual in transcending the distinction between socio-economic rights and civil and political rights. Part II applies these cross-cutting themes to comparing human rights law in the US, UK, South Africa, Canada, and India. Its focus is on seven particularly challenging issues: the death penalty, abortion, housing, health, speech, education and religion, with the aim of inspiring further comparative examination of other pressing human rights issues.","brand":"WoB","offers":[{"title":"- \/ - \/ -","offer_id":51513494896913,"sku":"","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"GB \/ VERY_GOOD \/ INTERNAL","offer_id":51513495585041,"sku":"GOR011441238","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ LIKE_NEW \/ INTERNAL","offer_id":52505520767249,"sku":"GOR014543443","price":0.0,"currency_code":"GBP","in_stock":false},{"title":"GB \/ NEW \/ INGRAM","offer_id":52615797342481,"sku":"NLS9780199689415","price":0.0,"currency_code":"GBP","in_stock":true},{"title":"US \/ NEW \/ INGRAM","offer_id":53489803460881,"sku":"NIN9780199689415","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/0199689415.jpg?v=1776940690"},{"product_id":"discrimination-and-human-rights-book-sandra-fredman-fba-9780199246038","title":"Discrimination and Human Rights","description":"This set of essays provides and important contribution to the debate about the role of human rights law in combating racism. The first essay examines the right to equality in the context of racism, drawing on a wide range of international and comparative sources to create a critical framework of analysis. The second essay locates the discussion within the context of multi-culturalism, ethnicity, and group rights, with specific reference to ethnicity within Europe. The next set of essays is concerned with international istruments to address racism, followed by a critical examination of the newly developed race discrimination directive at EU level. 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Most importantly, legally binding legislation prohibiting age discrimination in employment will need to be in place by 2006. Remarkably little attention has been paid to the key issues. To what extent is age inevitably linked with declining capacity? What are the central aims of a policy on age equality, and how can these be realised in law? How should law and policy address age discrimination in health, education and employment? What lessons can be learned from the US and Europe? And should young people be dealt with in the same way as older people? This book answers these questions in a series of chapters by experts from a wide range of disciplines. It begins by examining the nature of the ageing process and then turns to a detailed analysis of the concept of age equality. In the light of this analysis, the following three chapters critically assess employment, education, and health. A separate chapter is devoted to discrimination against children. 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The apparent paradox can be understood if we accept that equality can be formulated in different ways, depending on which underlying conception is chosen. In this highly readable yet challenging book, Sandra Fredman examines the ways in which discrimination law addresses these questions.   The new edition retains the format of the highly successful first edition, while incorporating the many new developments in discrimination law since 2002, including the Equality Act 2010, human rights law, and EU law. By using a thematic approach, the book illuminates the major issues in discrimination law, while at the same time imparting a detailed understanding of the legal provisions. The comparative approach is particularly helpful; by examining comparable law in the US, India, Canada, and South Africa, as well as the UK, the book exposes common problems and canvasses differing solutions.  As in the previous edition, the book locates discrimination in its wider social and historical context. Drawing on the author's wide experience of equality law in many jurisdictions, she creates an analytic framework to assess the substantive law.   The book is a thought-provoking and accessible overview of the way in which equality law has adjusted to new and increasingly complex challenges. It concludes that progress has been evident, but uneven.  Those dedicated to equality still face an exacting, but ultimately deeply rewarding, task.","brand":"WoB","offers":[{"title":"- \/ - \/ INTERNAL","offer_id":52483303047441,"sku":null,"price":0.0,"currency_code":"GBP","in_stock":true},{"title":"GB \/ NEW \/ INGRAM","offer_id":52483304358161,"sku":"NLS9780199584420","price":0.0,"currency_code":"GBP","in_stock":true}],"thumbnail_url":"\/\/cdn.shopify.com\/s\/files\/1\/0784\/4072\/6801\/files\/9780199584420.jpg?v=1759854523"},{"product_id":"human-rights-transformed-book-sandra-fredman-fba-9780199272761","title":"Human Rights Transformed","description":"Human rights have traditionally been understood as protecting individual freedom against intrusion by the State. In this book, Sandra Fredman argues that this understanding requires radical revision. Human rights are based on a far richer view of freedom, which goes beyond being let alone, and instead pays attention to individuals' ability to exercise their rights.   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