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Based on a systematic and empirical comparative study of six European Union countries, Christel Querton explores judicial decision-making in the context of persons fleeing armed conflicts in the EU. Addressing and redressing misconceptions about the relevance of the Refugee Convention, this book demonstrates how appellate authorities across the EU approach situations of armed conflict predominantly through outdated understandings of warfare and territoriality. Thus, they apply a higher standard of proof than is warranted by international refugee law. Adopting a gender perspective, Querton also shows how appellate authorities fail to acknowledge the gender-differentiated impact of armed conflicts. Drawing from gender and security studies, this book proposes an original conceptual framework which, supported by existing international legal standards, reframes the definition of 'refugee' and better reflects the reality of violence in modern-day conflicts. In doing so, it re-asserts the Refugee Convention as the cornerstone of international protection.

Refugees --- Legal status, laws, etc.

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This volume examines the rules governing the designation and treatment of POWs in contemporary conflict. Each chapter examines specific topics around POWs that the contributors identify as unsettled, operationally problematic, or inadequately addressed in existing literature.

Prisoners of war --- Legal status, laws, etc.

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"This book shows how the legal systems of individual European countries protect patient autonomy. In particular, it explains the role of criminal law, that is, what criminal law protection of patient autonomy looks like on a European scale in both legal and social dimensions. Despite EU integration processes, the work illustrates that the legal orders of individual European countries are far from uniform in this area. The concept of patient autonomy here is generally in the context of the patient's freedom from unwanted medical activities: the so-called negative freedom. At the same time, in countries where there are no regulations clearly criminalising the performance of a therapeutic activity without the patient's consent, the so-called positive freedom is also discussed. The book will be a valuable reference work for academics, researchers and policy-makers working in Health Law, Medical Ethics, Applied Ethics and Criminal Law"--

Patients --- Legal status, laws, etc. --- Criminal provisions.

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Examines the role of the American Revolution in the everyday lives of womenPatriarchal forces of law, finance, and social custom restricted women's rights and agency in revolutionary America. Yet women in this period exploited these confines, transforming constraints into vehicles of female empowerment. Through a close reading of thousands of legislative, judicial, and institutional pleas across seventy years of history in three urban centers, Jacqueline Beatty illustrates the ways in which women in the revolutionary era asserted their status as dependents, demanding the protections owed to them as the assumed subordinates of men. In so doing, they claimed various forms of aid and assistance, won divorce suits, and defended themselves and their female friends in the face of patriarchal assumptions about their powerlessness. Ultimately, women in the revolutionary era were able to advocate for themselves and express a relative degree of power not in spite of their dependent status, but because of it.Their varying degrees of success in using these methods, however, was contingent on their race, class, and socio-economic status, and the degree to which their language and behavior conformed to assumptions of Anglo-American femininity. In Dependence thus exposes the central paradoxes inherent in American women's social, legal, and economic positions of dependence in the Revolutionary era, complicating binary understandings of power and weakness, of agency and impotence, and of independence and dependence. Significantly, the American Revolution provided some women with the language and opportunities in which to claim old rights--the rights of dependents--in new ways. Most importantly, In Dependence shows how women's coming to consciousness as rights-bearing individuals laid the groundwork for the activism and collective petitioning efforts of later generations of American feminists.

Women --- Legal status, laws, etc. --- History --- Social conditions --- United States --- Legal status, laws, etc

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The heightened role of religion in the public sphere can become either a source of violence or a source of reconciliation. Considering Indonesia as a pluralistic state in terms of religion despite the fact that Indonesia has the largest Muslim population in the world, a basic question arises: Would it be possible for religion to play a pivotal role in the public sphere of Indonesian society without seeking hegemonic control of social, political, and intellectual life? This book offers positive suggestions of how religion can develop as a transformative and liberating force in Indonesian public affairs. Based on Calvin's and Neo-Calvinist Legal Theory, this book suggests that it is only within the realm of civil society that Indonesian religion will be able to promote the ideas of democracy, tolerance, and human rights in Indonesian public affairs. In short, far from being anti-pluralist, Indonesian religion evolves as a liberating force in the life of society, nation, and state.

Feminist theory. --- Men --- Women --- Legal status, laws, etc. --- Civil society. --- Legal status, laws, etc.