Raymond A Smith - Extending International Human Rights Protections to Vulnerable Populations

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Extending International Human Rights Protections to Vulnerable Populations

This book inductively develops a new typology that identifies and evaluates three principal strategies that have been, and are being, used to extend international human rights protections to new categories of vulnerable populations.

The book explicates the evolution and ongoing utility of the three strategies: categorical enlargement, conceptual expansion, and group-conscious universal application. The strategies are elucidated by case studies of nine distinct vulnerable populations: national minorities; those oppressed on the basis of caste; people with albinism; cross-cultural migrants; members of the African diaspora; Roma/Gypsies; persons affected by leprosy; older individuals; and lesbian, gay, bisexual, and transgender (LGBT) people. The book concludes by considering the utility of the three strategies for emerging vulnerable populations. It encourages discourse about the protection of vulnerable populations to move beyond a stale fixation on the texts of treaties and towards a more proactive normative framework that prioritizes the lived experiences of human beings.

Extending International Human Rights Protections to Vulnerable Populations will be of key interest to students and scholars of international human rights, to social justice advocates, to human rights practitioners, and to those working with oppressed groups, human rights law, and international relations.

Raymond A. Smith is an adjunct associate professor with the Center for Global Affairs at New York University (NYU) and a faculty member of the Program in Human Rights Practice at the University of Arizona, USA.

Routledge Studies in Human Rights

Series Editors: Mark Gibney, UNC Asheville, USA,
Thomas Gammeltoft-Hansen, University of Copenhagen,
Denmark, and Bonny Ibhawoh, McMaster University,
Canada.

The Routledge Human Rights series publishes high quality and cross-disciplinary scholarship on topics of key importance in human rights today. In a world where human rights are both celebrated and contested, this series is committed to create stronger links between disciplines and explore new methodological and theoretical approaches in human rights research. Aimed towards both scholars and human rights professionals, the series strives to provide both critical analysis and policy-oriented research in an accessible form. The series welcomes work on specific human rights issues as well as on cross-cutting themes and institutional perspectives.

Human Rights and US Foreign Policy
Prevarications and Evasions

Clair Apodaca

Politics of International Human Rights Law Promotion in Western Europe
Order versus Justice

Koldo Casla

Extending International Human Rights Protections to Vulnerable Populations

Raymond A. Smith

For a full list of titles in this series, please visit www.routledge.com

Extending International Human Rights Protections to Vulnerable Populations

Raymond A. Smith

First published 2020
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN

and by Routledge
52 Vanderbilt Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

2020 Raymond A. Smith

The right of Raymond A. Smith to be identified as author of this work has been asserted by him in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing in Publication Data
A catalogue record for this book is available from the British Library

Library of Congress Cataloging in Publication Data

Names: Smith, Raymond A., 1967 author.

Title: Extending international human rights protections to vulnerable populations / Raymond A. Smith.

Description: Abingdon, Oxon ; New York, NY : Routledge, 2020. | Includes bibliographical references and index.

Identifiers: LCCN 2019032774 (print) | LCCN 2019032775 (ebook) | ISBN 9780367222093 (hardback) | ISBN 9780429273803 (ebook)

Subjects: LCSH: Human rightsCase studies. | Marginality, SocialCase studies. | Evaluation research (Social action programs)

Classification: LCC JC571 .S648 2020 (print) | LCC JC571 (ebook) | DDC 323dc23

LC record available at https://lccn.loc.gov/2019032774

LC ebook record available at https://lccn.loc.gov/2019032775

ISBN: 978-0-367-22209-3 (hbk)
ISBN: 978-0-429-27380-3 (ebk)

Typeset in Times New Roman
by Apex CoVantage, LLC

Contents

The author wishes to acknowledge the support of the University of Essex (UK) School of Law, and in particular its Centre for Human Rights, where this work was originally developed. I am also grateful for the encouragement and insights of a wide range of friends and associates in the United States, including those at New York University, especially at the Center for Global Affairs and the Department of Politics; the Columbia University Department of Political Science; the Division of Gender, Sexuality, and Health at the Columbia University Medical Center; and the University of Arizona College of Social and Behavioral Sciences, including the Program in Human Rights Practice and the School of Geography and Development. In addition, my thanks go to the United Nations Association of the United States (UNA-USA) and to OutRight Action International for facilitating my access to work at the United Nations, both in New York and in Geneva. The skillful guidance of the staff at Routledge is also much appreciated.

CAT	Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
CEDAW	Convention on the Elimination of All Forms of Discrimination against women
CEDAW	Treaty-monitoring body of CEDAW, also called the
Committee	Womens Committee
CERD	Committee on the Elimination of Racial Discrimination, treaty-monitoring body of ICERD
CESCR	Committee on Economic, Social, and Cultural Rights, treaty-monitoring body of ICESCR
CPED	International Convention for the Protection of All Persons from Enforced Disappearance
CRC	Convention on the Rights of the Child
CRPD	Convention on the Rights of Persons with Disabilities
ECOSOC	UN Economic and Social Council
GC	General Comment, issued by a treaty-monitoring body
GR	General Recommendation, issued by a treaty-monitoring body

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