An Analysis Of Rights

This brief resource sets out a rights-based framework for policy analysis that allows social workers to enhance their long-term vision as well as their current practice. It introduces the emerging P.A.N.E. (Participation, Accountability, Non-discrimination, Equity) model for evaluating social policy, comparing it with the traditional needs-based charity model in terms of not only effectiveness and efficiency but also inclusion and justice. Recognized standards for human rights are used to identify values crucial to informing policy goals. Exercises, key documents, and an extended example illustrate both the processes of creating empowering social policy and its best and most meaningful outcomes. Included in the coverage: Rights-based and needs-based approaches to social policy analysis. Regional and international human rights instruments. Grounding social policies in legal and institutional frameworks. Conceptualizing social issues from a human rights frame. Measuring progress on the realization of human rights. Rights-based analysis of maternity, paternity, and parental leaves in the United States. For social workers and social work researchers, A Rights-Based Approach to Social Policy Analysis gives readers a modern platform for achieving the highest goals of the field. It also makes a worthwhile class text for social work programs. ​

This is a study of the way individuals organise the use of resources in order to maximise the value of their economic rights over these resources.

What does it mean to have a right? Previous answers to this question fall into two groups: interest/benefit theories of rights and choice/will theories. This book proposes an alternative to these traditional views: the justified-constraint theory of rights, which avoids the pitfalls of earlier theories, and solves the puzzle of the relational nature of rights. The analysis shows that this theory applies without modification to past, present and future beings.

Why should we care about religious liberty? Leading commentators, United Kingdom courts, and the European Court of Human Rights have de-emphasised the special importance of religious liberty. They frequently contend it falls within a more general concern for personal autonomy. In this liberal egalitarian account, religious liberty claims are often rejected when faced with competing individual interests – the neutral secular state must protect us against the liberty-constraining acts of religions. Joel Harrison challenges this account. He argues that it is rooted in a theologically derived narrative of secularisation: rather than being neutral, it rests on a specific construction of 'secular' and 'religious' spheres. This challenge makes space for an alternative theological, political, and legal vision. Drawing from Christian thought, from St Augustine to John Milbank, Harrison develops a post-liberal focus on association. Religious liberty, he argues, facilitates creating communities seeking solidarity, fraternity, and charity – goals that are central to our common good.

This book, which originated from the broadly held view that there is a lack of Rule-of-law in Mexico, and from the emphasis of traditional academia on cultural elements as the main explanation, explores the question of whether there is any relationship between the system of constitutional review ― and thus the ‘law’ as such ― and the level of Rule-of-law in a given state. To do so, it elaborates a theoretical model for achieving Rule-of-law and compares it to the constitutional review systems of the United States, the Federal Republic of Germany, and Mexico. The study concludes that the two former states correspond to the model, while the latter does not. This is fundamentally due to the role each legal system assigns to ordinary jurisdiction in carrying out constitutional review. Whereas the US and Germany have fostered the policy that constitutional review regarding the enforcement of basic rights is the responsibility of ordinary courts, Mexico has relied too heavily on the specialized constitutional jurisdiction.

In a world where basic human rights are under attack and discrimination is widespread, Advancing Equality reminds us of the critical role of constitutions in creating and protecting equal rights. Combining a comparative analysis of equal rights in the constitutions of all 193 United Nations member countries with inspiring stories of activism and powerful court cases from around the globe, the book traces the trends in constitution drafting over the past half century and examines how stronger protections against discrimination have transformed lives. Looking at equal rights across gender, race and ethnicity, religion, sexual orientation and gender identity, disability, social class, and migration status, the authors uncover which groups are increasingly guaranteed equal rights in constitutions, whether or not these rights on paper have been translated into practice, and which nations lag behind. Serving as a comprehensive call to action for anyone who cares about their country’s future, Advancing Equality challenges us to remember how far we all still must go for equal rights for all.

The book presents an analysis of the concept of rights and provides an illuminating expression of socialist ideals. The author outlines an analysis of fundamental human rights compatible with historical relativism and applies this to the political right of freedom of expression and the economic right to work. Finally he deploys the proposed analysis of socialist rights to explain the ambivalence of socialist thinkers towards welfare rights in contemporary capitalist states and to analyze the logic of assertions that welfare law is often counter-productive.