Major theories of securitization have been indispensable in shedding light on how governmental security politics have been articulated through discourses or through institutionalized practices. While theorists in the field have acknowledged their state-centred focus, they have yet to remedy this. This book provides a rare opportunity to consider such theories in a non-state centred way, focusing instead on ‘virtuous’ or supra-national organizations such as judicial human rights institutions in Europe. This book aims to explore the ways such organizations, illustrated with particular but not exclusive, reference to the European Court of Human Rights (ECtHR), have been complicit in governmental security agendas to the extent of losing their role as neutral arbiter of state actions to colluding with state-led security politics. Thus, it will link the socio-legal study of human rights with the politics of securitization and with European Studies, re-appraising the aspect of the ‘European Project’ that anticipated closer harmonization and integration of nation-states through the operation of supranational courts like the ECtHR. The situation in the United States will be used for comparative purposes.
The first theme of the book will be to consider the relationship between human rights, embodiment and the violation of bodily integrity. It will demonstrate and explain the subordination of international rights to national security through the issue of ‘embodiment’, the most fundamental of human rights being to protect bodily integrity.
The book seeks to tease out the contextual background to the way women’s bodies have been treated by judicial human rights. Building on a decade of research by the author, it shows that the steady expansion – in democratic countries – of laws restricting women’s dress and conduct, and [Muslim] women’s lack of success in contesting this via the national or supranational judiciary, are in part due to the liberal individualism that has characterized human rights from their inception.
Virtuous institutions, such as human rights ones, have been neglected by securitization theory’s focus on the national state apparatus as the key driver of security politics. This book challenges this assumption, showing the ways institutional human rights, deemed the most progressive of rights, have been complicit in rendering the body vulnerable. While the book principally focuses on the treatment of the veiled woman, it also considers wider cases involving torture: the ultimate removal of control over one’s body and biggest transgression of human rights’ supposed foundational commitment to bodily integrity.
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Aneira J. Edmunds is an authority on human rights. She tackles controversial and topical issues relating in particular to human rights' control over the woman's body and the limitations of 'virtuous' institutions such as the ICC and the ECtHR.
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