Full Description
Decades of talk of the human rights revolution has triggered impatience and disappointment with a once cherished idea(l). Lately the backlash has received momentum from populist and illiberal political movements.
Essays in this volume offer theoretical perspectives and practical insights on developments in Europe, the Americas and South Africa. Authors show how instruments, institutions and practices of human rights protection are used to undermine liberties. The picture includes strategic illiberal politcal actors as well as the (sometimes unwitting) contributions of human rights defenders, national and regional courts. This volume calls for a much needed conversation on the future of human rights among scholars and practitioners of human rights. It also invites students of populist and illiberal governments to join the debate.
Contents
List of Contributors; Human Rights Critics and Defenders: An Introduction (Renáta Uitz and Maria Bertel); Part I Critique of Human Rights Criticism; 1 The Fate of HumanRightsin Indifferent Societies - (i.e. in More and More Constitutional Democracies) (András Sajó); 2 Neither Invariant nor Sacrosanct - Human Rights Critique and Deliberation Past and Present (Marie-Luisa Frick); 3 One Step Too Far - Some Philosophical and Political Reflections on the Current Critique of Human Rights (Matthias Mahlmann); 4 Liberal Rights Between Radical Democratic Critique and Liberal Failure (Nenad Dimitrijevic); Part II Social Challenges to Human Rights; 5 The War on Terror and the Decline of Human Rights (Mordechai Kremnitzer); 6 From Human Rights to Humanity's Law - The Current State of Play (Ruti G. Teitel); Part III Populism and Human Rights; 7 Populism and Human Rights - From Disenchantment to Democratic Riposte (Laurence Burgorgue-Larsen); 8 Land Reform in the Time of Populism -The Law and Politics of Land Reform in South Africa (Juha Tuovinen); 9 The Ideological Turn in Bulgarian Constitutional Discourse - The Rise Against 'Genders' (Ruzha Smilova); 10 Human Rights Watchdogs Face Illiberal Rulers in Europe (Renáta Uitz); Part IV New Attitudes of International and National Courts; 11 The Demise of the Rights of Migrants and Refugees under the European Convention on Human Rights (Paulo Pinto de Albuquerque); 12 Functional Disobedience, National Courts and the ECtHR (Giuseppe Martinico); 13 Human Rights Law and Constitutional Democracies in Latin America - Interactions, Contestations and Engagement (Jorge Contesse); 14 The 2018 Constitutional Referendum in Ecuador - The Failure of the Inter-American System to Protect Democracy (Oswaldo Ruiz-Chiriboga); 15 Prosecutions and Politics in a Constitutional State - Prosecution of Heads of State in Post-apartheid South Africa (Kate O'Regan); 16 Reframing Powerlessness Inside and Outside Courts - Claims of Harm in Equality Cases in Brazil and South Africa (Thiago de Souza Amparo)
