University of Pennsylvania Press

Pennsylvania Studies in Human Rights

Bert B. Lockwood, Jr., Series Editor

Published by: University of Pennsylvania Press

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Abortion Law in Transnational Perspective

Cases and Controversies

Edited by Rebecca J. Cook, Joanna N. Erdman, and Bernard M. Dickens

It is increasingly implausible to speak of a purely domestic abortion law, as the legal debates around the world draw on precedents and influences of different national and regional contexts. While the United States and Western Europe may have been the vanguard of abortion law reform in the latter half of the twentieth century, Central and South America are proving to be laboratories of thought and innovation in the twenty-first century, as are particular countries in Africa and Asia. Abortion Law in Transnational Perspective offers a fresh look at significant transnational legal developments in recent years, examining key judicial decisions, constitutional texts, and regulatory reforms of abortion law in order to envision ways ahead.

The chapters investigate issues of access, rights, and justice, as well as social constructions of women, sexuality, and pregnancy, through different legal procedures and regimes. They address the promises and risks of using legal procedure to achieve reproductive justice from different national, regional, and international vantage points; how public and courtroom debates are framed within medical, religious, and human rights arguments; the meaning of different narratives that recur in abortion litigation and language; and how respect for women and prenatal life is expressed in various legal regimes. By exploring how legal actors advocate, regulate, and adjudicate the issue of abortion, this timely volume seeks to build on existing developments to bring about change of a larger order.

Contributors: Luis Roberto Barroso, Paola Bergallo, Rebecca J. Cook, Bernard M. Dickens, Joanna N. Erdman, Lisa M. Kelly, Adriana Lamačková, Julieta Lemaitre, Alejandro Madrazo, Charles G. Ngwena, Rachel Rebouché, Ruth Rubio-Marín, Sally Sheldon, Reva B. Siegel, Verónica Undurraga, Melissa Upreti.

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Advocating Dignity

Human Rights Mobilizations in Global Politics

By Jean H. Quataert

In Advocating Dignity, Jean H. Quataert explores the emergence, development, and impact of the human rights revolution following World War II. Intertwining popular local and national mobilizations for rights with ongoing developments of a formal international system of rights monitoring in the United Nations, Quataert argues that human rights advocacy networks have been a vital dimension of international political developments since 1945. Recalling the popular slogan "Think globally, act locally," she contends that postwar human rights have been shaped by the efforts of people at the grassroots. She shows that human rights politics are constituted locally and reinforced by transnational linkages in international society. The U.N. system is continuously reinvigorated and strengthened by its ties to local individuals, organizations, and groups engaged in day-to-day rights advocacy. This daily work, in turn, is supported by the ongoing activities from above.

Quataert establishes the global contexts for the historical unfolding of human rights advocacy through thorough studies of such cases as the Soviet dissident movement, the mothers' demonstrations in Argentina, the transnational antiapartheid campaign, and coalitions for gender and economic justice. Drawing from many fields of inquiry, including legal studies, philosophy, international relations theory, political science, and gender history, Advocating Dignity is an innovative work that narrates the hopes and bitter struggles that have altered the course of international and domestic relations over the past sixty years.

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African Constitutionalism and the Role of Islam

By Abdullahi Ahmed An-Na'im

Constitutionalism is steadily becoming the prevalent form of governance in Africa. But how does constitutionalism deal with the lingering effects of colonialism? And how does constitutional law deal with Islamic principles in the region? African Constitutionalism and the Role of Islam seeks to answer these questions. Constitutional governance has not been, nor will be, easily achieved, Abdullahi Ahmed An-Na'im argues. But setbacks and difficulties are to be expected in the process of adaptation and indigenization of an essentially alien concept—that of of nation-state—and its role in large-scale political and social organization.

An-Na'im discusses the problems of implementing constitutionalized forms of government specific to Africa, from definitional to conceptual and practical issues. The role of Islam in these endeavors is open to challenge and reformulation, and should not be taken for granted or assumed to be necessarily negative or positive, An-Na'im asserts, and he emphasizes the role of the agency of Muslims in the process of adapting constitutionalism to the values and practices of their own societies. By examining the incremental successes that some African nations have already achieved and An-Na'im reveals the contingent role that Islam has to play in this process. Ultimately, these issues will determine the long-term sustainability of constitutionalism in Africa.

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Aid in Danger

The Perils and Promise of Humanitarianism

By Larissa Fast

Humanitarian aid workers increasingly remain present in contexts of violence and are injured, kidnapped, and killed as a result. Since 9/11 and in response to these dangers, aid organizations have fortified themselves to shield their staff and programs from outside threats. In Aid in Danger, Larissa Fast critically examines the causes of violence against aid workers and the consequences of the approaches aid agencies use to protect themselves from attack.

Based on more than a decade of research, Aid in Danger explores the assumptions underpinning existing explanations of and responses to violence against aid workers. According to Fast, most explanations of attacks locate the causes externally and maintain an image of aid workers as an exceptional category of civilians. The resulting approaches to security rely on separation and fortification and alienate aid workers from those in need, representing both a symptom and a cause of crisis in the humanitarian system. Missing from most analyses are the internal vulnerabilities, exemplified in the everyday decisions and ordinary human frailties and organizational mistakes that sometimes contribute to the conditions leading to violence. This oversight contributes to the normalization of danger in aid work and undermines the humanitarian ethos. As an alternative, Fast proposes a relational framework that captures both external threats and internal vulnerabilities. By uncovering overlooked causes of violence, Aid in Danger offers a unique perspective on the challenges of providing aid in perilous settings and on the prospects of reforming the system in service of core humanitarian values.

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All Necessary Measures

The United Nations and Humanitarian Intervention

By Carrie Booth Walling

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The Anti-Slavery Project

From the Slave Trade to Human Trafficking

By Joel Quirk

It is commonly assumed that slavery came to an end in the nineteenth century. While slavery in the Americas officially ended in 1888, millions of slaves remained in bondage across Africa, Asia, and the Middle East well into the first half of the twentieth century. Wherever laws against slavery were introduced, governments found ways of continuing similar forms of coercion and exploitation, such as forced, bonded, and indentured labor. Every country in the world has now abolished slavery, yet millions of people continue to find themselves subject to contemporary forms of slavery, such as human trafficking, wartime enslavement, and the worst forms of child labor. The Anti-Slavery Project: From the Slave Trade to Human Trafficking offers an innovative study in the attempt to understand and eradicate these ongoing human rights abuses.

In The Anti-Slavery Project, historian and human rights expert Joel Quirk examines the evolution of political opposition to slavery from the mid-eighteenth century to the present day. Beginning with the abolitionist movement in the British Empire, Quirk analyzes the philosophical, economic, and cultural shifts that eventually resulted in the legal abolition of slavery. By viewing the legal abolition of slavery as a cautious first step—rather than the end of the story—he demonstrates that modern anti-slavery activism can be best understood as the latest phase in an evolving response to the historical shortcomings of earlier forms of political activism.

By exposing the historical and cultural roots of contemporary slavery, The Anti-Slavery Project presents an original diagnosis of the underlying causes driving one of the most pressing human rights problems in the world today. It offers valuable insights for historians, political scientists, policy makers, and activists seeking to combat slavery in all its forms.

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The Battle for Algeria

Sovereignty, Health Care, and Humanitarianism

By Jennifer Johnson

In The Battle for Algeria Jennifer Johnson reinterprets one of the most violent wars of decolonization: the Algerian War (1954-1962). Johnson argues that the conflict was about who—France or the National Liberation Front (FLN)—would exercise sovereignty of Algeria. The fight between the two sides was not simply a military affair; it also involved diverse and competing claims about who was positioned to better care for the Algerian people's health and welfare. Johnson focuses on French and Algerian efforts to engage one another off the physical battlefield and highlights the social dimensions of the FLN's winning strategy, which targeted the local and international arenas. Relying on Algerian sources, which make clear the centrality of health and humanitarianism to the nationalists' war effort, Johnson shows how the FLN leadership constructed national health care institutions that provided critical care for the population and functioned as a protostate. Moreover, Johnson demonstrates how the FLN's representatives used postwar rhetoric about rights and national self-determination to legitimize their claims, which led to international recognition of Algerian sovereignty.

By examining the local context of the war as well as its international dimensions, Johnson deprovincializes North Africa and proposes a new way to analyze how newly independent countries and nationalist movements engage with the international order. The Algerian case exposed the hypocrisy of selectively applying universal discourse and provided a blueprint for claim-making that nonstate actors and anticolonial leaders throughout the Third World emulated. Consequently, The Battle for Algeria explains the FLN's broad appeal and offers new directions for studying nationalism, decolonization, human rights, public health movements, and concepts of sovereignty.

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Behind the Killing Fields

A Khmer Rouge Leader and One of His Victims

By Gina Chon and Sambath Thet

In recent history, atrocities have often been committed in the name of lofty ideals. One of the most disturbing examples took place in Cambodia's Killing Fields, where tens of thousands of victims were executed and hastily disposed of by Khmer Rouge cadres. Nearly thirty years after these bloody purges, two journalists entered the jungles of Cambodia to uncover secrets still buried there.

Based on more than 1,000 hours of interviews with the top surviving Khmer Rouge leader, Nuon Chea, Behind the Killing Fields follows the journey of a man who began as a dedicated freedom fighter and wound up accused of crimes against humanity. Known as Brother Number 2, Chea was Pol Pot's top lieutenant. He is now in prison, facing prosecution in a United Nations-Cambodian tribunal for his actions during the Khmer Rouge rule, when more than two million Cambodians died. The book traces how the seeds of the Killing Fields were sown and what led one man to believe that mass killing was necessary for the greater good.

Coauthor Sambath Thet, a Khmer Rouge survivor, shares his personal perspectives on the murderous regime and how some victims have managed to rebuild their lives. The stories of Nuon Chea and Sambath Thet collide when the two meet. While Thet holds Chea responsible for the death of his parents and brother, he strives for understanding over revenge in order to reveal the forces that destroyed his homeland in the name of creating utopia.

In this age of suicide bombers and terror alerts, the world is still at a loss to comprehend the violence of zealots. Behind the Killing Fields bravely confronts this challenge in an exclusive portrait of one man's political madness and another's personal wisdom.

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Binational Human Rights

The U.S.-Mexico Experience

Edited by William Paul Simmons and Carol Mueller

Mexico ranks highly on many of the measures that have proven significant for creating a positive human rights record, including democratization, good health and life expectancy, and engagement in the global economy. Yet the nation's most vulnerable populations suffer human rights abuses on a large scale, such as gruesome killings in the Mexican drug war, decades of violent feminicide, migrant deaths in the U.S. desert, and the ongoing effects of the failed detention and deportation system in the States. Some atrocities have received extensive and sensational coverage, while others have become routine or simply ignored by national and international media. Binational Human Rights examines both well-known and understudied instances of human rights crises in Mexico, arguing that these abuses must be understood not just within the context of Mexican policies but in relation to the actions or inactions of other nations—particularly the United States.

The United States and Mexico share the longest border in the world between a developed and a developing nation; the relationship between the two nations is complex, varied, and constantly changing, but the policies of each directly affect the human rights situation across the border. Binational Human Rights brings together explain the mechanisms by which a perfect storm of structural and policy factors on both sides has led to such widespread human rights abuses.

Contributors: Alejandro Anaya Muñoz, Luis Alfredo Arriola Vega, Timothy J. Dunn, Miguel Escobar-Valdez, Clara Jusidman, Maureen Meyer, Carol Mueller, Julie A. Murphy Erfani, William Paul Simmons, Kathleen Staudt, Michelle Téllez.

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