The Routledge International Handbook Of Criminology And Human Rights

618 Pages·2017·3.568 MB·English

by  Leanne Weber, Elaine Fishwick, Marinella Marmo

The Routledge International
Handbook of Criminology
and Human Rights
The Routledge International Handbook of Criminology and Human Rights brings together a diverse
body of work from around the globe and across a wide range of criminological topics and per-
spectives, united by its critical application of human rights law and principles. This collection
explores the interdisciplinary reach of criminology and is the first of its kind to link criminology
and human rights.
This text is divided into six sections, each with an introduction and an overview provided
by one of the editors. The opening section makes an assessment of the current standing of
human rights within the discipline. Each of the remaining sections corresponds to a substantive
area of harm prevention and social control which together make up the main core of contem-
porary criminology, namely:
• c riminal law in practice;
• t ransitional justice, peacemaking and community safety;
• p olicing in all its guises;
• t raditional and emerging approaches to criminal justice; and
• p enality, both within and beyond the prison.
This Handbook forms an authoritative foundation on which future teaching and research about
human rights and criminology can be built. This multi-disciplinary text is an essential companion
for criminologists, sociologists, legal scholars and political scientists.
Leanne Weber is Associate Professor and ARC Future Fellow in Internal Border Policing at
Monash University, Australia, and Co-Director of the Border Crossing Observatory.
Elaine Fishwick is an independent research consultant currently working on a project with
Sydney University Social Justice Network, Australia.
Marinella Marmo is Associate Professor in Criminal Justice and Associate Dean (Research) at
Flinders University Law School, Australia.
This ambitious Handbook is the first major attempt to bring human rights out of the fringe and
to the fore of criminological debate. This is a superb example of trans-nationalising the disci-
pline by bringing together scholars from the global north and south. The Handbook is an
essential source of original and diverse scholarship that brings criminology and human rights
perspectives together. It will appeal to a broad range of scholars across a number of disciplines
well beyond criminology. It is also vital reading for policy makers, legislators and human rights
activists and organisations across the world. I thoroughly commend it.
Kerry Carrington, Head of School of Justice, Faculty of Law,
Queensland University of Technology, Australia
For years many of us have bemoaned the lack of synergy between human rights and crimino-
logical scholarship. Happily, criminologists and human rights scholars are increasingly talking to
each other and this diverse and rich collection marks an important milestone in that develop-
ment. The editors and contributors are to be warmly congratulated.
Kieran McEvoy, Professor of Law and Transitional Justice,
Queens University Belfast, Northern Ireland
The Routledge
International Handbook
of Criminology and
Human Rights
Edited by Leanne Weber , Elaine Fishwick
and Marinella Marmo
First published 2017
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
and by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2017 Leanne Weber, Elaine Fishwick and Marinella Marmo
The right of the editors to be identified as the authors of the editorial
material, and of the contributors for their individual chapters, has been
asserted 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: Weber, Leanne, editor. | Fishwick, Elaine, editor. | Marmo,
Marinella, editor.
Title: The Routledge international handbook of criminology and human
rights/edited by Leanne Weber, Elaine Fishwick and Marinella Marmo.
Description: Abingdon, Oxon; New York, NY: Routledge, 2016. |
Series: Routledge international handbooks | Includes bibliographical
references and index.
Identifiers: LCCN 2016003275 | ISBN 9781138931176 (hardback) |
ISBN 9781315679891 (ebook)
Subjects: LCSH: Criminology. | Human rights.
Classification: LCC HV6025 .R6974 2016 | DDC 364–dc23
LC record available at http://lccn.loc.gov/2016003275
ISBN: 978-1-138-93117-6 (hbk)
ISBN: 978-1-315-67989-1 (ebk)
Typeset in Bembo
by Sunrise Setting Ltd, Brixham, UK
Contents
List of illustrations x
Notes on contributors xi
Acknowledgements xxv
Criminology and human rights: an introduction 1
Leanne Weber, Elaine Fishwick and Marinella Marmo
PART I
Taking stock of human rights within criminology 5
1 Turning to human rights: criminology past and future 9
Thérèse Murphy and Noel Whitty
2 Criminological issues and the UN: key issues and trends 18
Rhona Smith
3 Thinking about human rights from within criminology 30
Anthony Amatrudo
4 The Africana paradigm: W.E.B. Du Bois as a founding father of
human rights criminology 40
Biko Agozino
5 Regarding rights for the Other: abolitionism and human
rights from below 50
David Scott
6 Feminist criminology and human rights 61
Rosemary Barberet and Diana Rodriguez-Spahia
7 Victims: needs, rights and justice 71
Sandra Walklate
v
Contents
8 Governmentality analytics and human rights in criminology 80
Randy K. Lippert
9 Conceptualizing human rights in state–corporate crime research 91
Raymond Michalowski
10 Criminology, globalization and human rights 102
Russell Hogg
PART II
Law, regulation and governance through a human rights lens 113
11 The European Union, criminal law and human rights 115
Valsamis Mitsilegas
12 Digital surveillance and everyday democracy 125
Didier Bigo
13 Anti-terrorism laws and human rights 136
Nicola McGarrity and Jessie Blackbourn
14 Death investigation, coroners’ inquests and human rights 146
Rebecca Scott Bray
15 Australian border policing, the detention of children and
state crime 157
Michael Grewcock
16 Civil society perspectives on corruption and human rights: the case
of Papua New Guinea 169
Tony Ward
17 Human rights and multinational enterprises: a criminological analysis
of non-judicial mechanisms of redress 180
Fiona Haines
18 The utility and futility of international standards for children in
conflict with the law: the case of England 190
Kathryn Hollingsworth
19 Human rights and the governance of cognitive impairment and
mental illness 200
Claire Spivakovsky
20 Environmental crime, human rights and green criminology 210
Hope Johnson, Nigel South and Reece Walters
vi
Contents
21 Trafficking cultural objects and human rights 220
Simon Mackenzie and Donna Yates
PART III
Human rights in the promotion of peace, community
safety and social justice 231
22 Human rights in situations of transitional justice 235
Stephan Parmentier, Monica Aciru, Huma Saeed
and Mina Rauschenbach
23 The violence of war, the violence of peace: mining, conflict and
social justice on Bougainville 247
Kristian Lasslett
24 Childhood, rights and justice in Northern Ireland 258
Deena Haydon and Phil Scraton
25 Keeping the peace: police peacekeeping and capacity development
in the promotion of human rights 269
Andrew Goldsmith
26 Criminalizing dissent: social movements, public order policing
and the erosion of protest rights 280
Greg Martin
27 The limits of migration-related human rights: connecting
exploitation to immobility 291
Sanja Milivojevic, Marie Segrave and Sharon Pickering
28 (De)criminalizing queer lives: viewing through a postcolonial optic 301
Ratna Kapur
29 Justice reinvestment as social justice 309
Chris Cunneen, Melanie Schwartz, Julie Stubbs, David Brown
and Courtney Young
PART IV
Policing and human rights 319
30 Police, crime and human rights 323
Jude McCulloch
31 Police violence and the failed promise of human rights 333
Bill McClanahan and Avi Brisman
vii
Contents
32 Bent to good authorities? Human rights, authoritarian neoliberalism and
consent policing 342
Willem de Lint
33 Human rights and police training: democratizing policing systems 354
Alan Beckley
34 Human rights and everyday practices of policing in post-war
Sri Lanka 365
Kiran Grewal and Vidura Munasinghe
35 ‘Like running on one leg’: the regulation of sexual rights through
the preventative policing of sexual violence in Delhi 375
Natasha Marhia
36 Human rights and policing in South Africa as a matter of
in/exclusion 386
Julia Hornberger
37 Human rights and pluralization of policing 396
Mutuma Ruteere, Clifford Shearing and Philip Stenning
38 Transnational policing and the end times of human rights 405
Ben Bowling and James Sheptycki
PART V
Human rights and the justice process 417
39 Seeing the state: human rights violations of victims of crime
and abuse of power 419
Robyn Holder
40 Survival, dignity and wellbeing: Indigenous human rights and
transformative approaches to justice 429
Chris Cunneen and Juan Tauri
41 Gender equality, dignity and the right to a fair trial 440
Jill Hunter
42 China’s criminal response to domestic violence against women:
private prosecution and a human rights approach 449
Sanzhuan Guo
43 Human rights law and juvenile justice: emerging law and practice 460
Ursula Kilkelly and Louise Forde
viii
Contents
44 Legal status of customary criminal justice systems and human
rights in Ethiopia 470
Wondwossen Demissie Kassa and Muradu Abdo Srur
45 Daiyou kangoku: systemic human rights violations in pre-indictment
detention in Japan 481
Saul Takahashi
46 The International Criminal Court, human rights and intervention
narratives 491
Nerida Chazal
PART VI
Human rights and penality 501
47 Human rights as a protective force 503
Elizabeth Stanley
48 Supervising offenders in the community: vision, values and
human rights 513
Loraine Gelsthorpe and Madeline-Sophie Abbas
49 Prisons and human rights: past, present and future challenges 525
Peter Scharff-Smith
50 Human rights, criminal justice and closed environments 536
Bronwyn Naylor
51 Human rights and imprisonment of older adults 546
Diete Humblet and Sonja Snacken
52 Human rights and prison: a case study from the Australian
Capital Territory 556
Lorana Bartels and Jeremy Boland
53 Human rights versus citizenship rights: media coverage of human
rights in the UK 568
Des McNulty, Nicholas Watson and Gregory Philo
Index 580
ix