Examines the benefits of seeking legal recognition for the right to housing, within the Indian legal context.

This book on constructing a legal right to housing in India seeks to achieve three ends: first, examine the costs incurred in translating a moral right into the language of the law; second, unpack the ways in which existing law and policy impact the realisation of the right to housing and situate any attempt to legally guarantee the right within this context; and finally, begin thinking through the many complexities that will arise should the right be articulated within the law. A comprehensive chronology of central housing law and policy provides the descriptive background for this analytical text, while also acting as a rich introductory resource on the subject. Asserting a need as a right and then seeking legislative recognition for the right is a formula often used in rights struggles. This book takes a critical look at this process, in order to facilitate informed engagement with the law.

A human right to housing represents the law's most direct and overt protection of housing and home. Unlike other human rights, through which the home incidentally receives protection and attention, the right to housing raises housing itself to the position of primary importance. However, the meaning, content, scope and even existence of a right to housing raise vexed questions. Drawing on insights from disciplines including law, anthropology, political theory, philosophy and geography, this book is both a contribution to the state of knowledge on the right to housing, and an entry into the broader human rights debate. It addresses profound questions on the role of human rights in belonging and citizenship, the formation of identity, the perpetuation of forms of social organisation and, ultimately, of the relationship between the individual and the state. The book addresses the legal, theoretical and conceptual issues, providing a deep analysis of the right to housing within and beyond human rights law. Structured in three parts, the book outlines the right to housing in international law and in key national legal systems; examines the most important concepts of housing: space, privacy and identity and, finally, looks at the potential of the right to alleviate human misery, marginalisation and deprivation. The book represents a major contribution to the scholarship on an under-studied and ill-defined right. In terms of content, it provides a much needed exploration of the right to housing. In approach it offers a new framework for argument within which the right to housing, as well as other under-theorised and contested rights, can be reconsidered, reconnecting human rights with the social conditions of their violation, and hence with the reasons for their existence. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.

Providing adequate housing in an increasingly urbanised world is a major challenge of current times. This book puts together a compelling story based on fine-grained analysis of housing processes, as lived by slum-dwellers and their voice-bearers. It situates the lived experience of claiming adequate housing within informal transactions and negotiations of patronage networks vis-à-vis the formal institutional opportunities and closures of Indian democracy. In doing so, this research extends an innovative array of conceptual and methodological tools to grasp the context in which housing claims succeed and fail. This book contributes by responding to critical areas of social movement scholarship and by displaying community engagements and tactical strategies to bring about transformative change to claim adequate housing and resist co-opting forces for socially sustainable housing futures.

From the very first negotiations of the International Covenant on Economic, Social and Cultural Rights half a century ago to the present day, socio-economic rights have often been regarded as less enforceable than civil and political rights. The right to adequate housing, even though protecting one of the most basic needs of human beings, has not escaped this classification. Despite its strong foundations in international, regional and domestic legislation, many people are still deprived of one or more of the different key elements that comprise adequate housing. How, then, can international human rights theory and case law be developed into effective vehicles at the domestic level? Rather than focusing merely on possibilities for individualized relief through the court system, The Right to Housing in Law and Society looks into more effective socio-economic rights realization by addressing both conceptual and practical stumbling blocks that hinder a more structural progress at the national level. The Flemish and Belgian housing legislation and policy are used to highlight the problems and illustrate the pathways here presented. While first and foremost legal in its approach, the book also offers a more sociological perspective on the functioning of the right to housing in practice. It shows the latest state of knowledge on the topic and will be of interest to researchers, academics, policymakers and students in the fields of international socio-economic rights law and human rights law more generally.

A new & timely publication made all the more urgent by the enormity by the global housing crisis, with inadequate housing threatening the health, safety & dignity of so many. An invaluable addition to the already successful Human Rights Study Series.

Rights and the City takes stock of rights struggles and progress in cities by exploring the tensions that exist between different concepts of rights. Sandeep Agrawal and the volume's contributors expose the paradoxes that planners and municipal governments face when attempting not only to combat discriminatory practices, but also advance a human rights agenda. The authors examine the legal, conceptual, and philosophical aspects of rights, including its various forms—human, Indigenous, housing, property rights, and various other forms of rights. Using empirical evidence and examples, they translate the philosophical and legal aspects of rights into more practical terms and applications. Regionally, the book draws on municipalities from across Canada while also making broad international comparisons. Scholars, policy makers, and activists with an interest in urban studies, planning, and law will find much of value throughout this volume. Contributors: Sandeep Agrawal, Rachelle Alterman, Sasha Best, Alexandra Flynn, Eran S. Kaplinsky, Ola P. Malik, Jennifer A. Orange, Michelle L. Oren, Renée Vaugeois. Afterword by Benjamin Davy

Trademark scholarship has focused largely on the protection of trademark rights against consumer confusion and the dilution of trademarks. Studies of limitations on trademark rights, meanwhile, have remained relatively peripheral, especially in jurisdictions outside of the United States. However, this reality is incongruous with the importance of the limitations, such as descriptive and nominative uses, in promoting freedom of commerce, market competition, free speech, and cultural dynamics. Against this backdrop, Charting Limitations on Trademark Rights is the first comprehensive academic volume detailing limitations in trademark rights from both theoretical and comparative perspectives. The book presents new theoretical perspectives to justify trademark rights limitations, re-examines the nature of these limitations, delineates the scope of the limitations, and offers comparative studies of the limitations. With contributions from leading trademark scholars in the EU, US, and Asia, this is a must read for scholars, students, practitioners, and policymakers with an interest in the theories, policies, and doctrines of trademark law.

Focusing on highly topical issues such as torture, arbitrary detention, privacy, and discrimination, this book will help readers to understand for themselves the controversies and complexities behind human rights.