International Human Rights Law Review最新文献_第7页

Jurisprudence of Tolerance: Hate Speech, Article 17 and Theory of Democracy in the European Convention on Human Rights 宽容的法理：仇恨言论、第17条与《欧洲人权公约》中的民主理论

International Human Rights Law Review Pub Date : 2019-06-03 DOI: 10.1163/22131035-00801002

M. Nikouei, M. Zamani

{"title":"Jurisprudence of Tolerance: Hate Speech, Article 17 and Theory of Democracy in the European Convention on Human Rights","authors":"M. Nikouei, M. Zamani","doi":"10.1163/22131035-00801002","DOIUrl":"https://doi.org/10.1163/22131035-00801002","url":null,"abstract":"What does the protection or prohibition of a speech tell us about the tripartite relationship between political power, democracy and rights? This question has somehow underscored the jurisprudence of the European Court of Human Rights in hate speech cases for more than a half century. We argue that this question has invariably placed the Court in an uneasy position, which is, choosing between a democracy empowered by unlimited freedom of speech, but with recurrent social tensions, and a democracy with rather strict hate speech laws, but at ease with different segments of population. That said, the jurisprudence of the European Court outlines a pattern by which to identify a specific direction for the evolution of rights and democracy. This article considers this pattern. Not only does this article, examine the pattern in the Court’s and the Commission’s jurisprudence, but it also argues that this pattern unfolds a subtle presence of Hobbesian and Lockean theories of political power and the limits in its midst. By invoking this presence, we indicate how the debate in the jurisprudence of the European Court has shifted from the language of protecting democracy to that of rights.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00801002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45354869","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Books Received 书收到了

International Human Rights Law Review Pub Date : 2019-06-03 DOI: 10.1163/22131035-00801005

引用次数: 0

Conceptualizing Universal Design for the Information Society through a Universal Human Rights Lens 从普遍人权的角度对信息社会的普遍设计进行概念化

International Human Rights Law Review Pub Date : 2019-06-03 DOI: 10.1163/22131035-00801006

G. Giannoumis, M. Stein

{"title":"Conceptualizing Universal Design for the Information Society through a Universal Human Rights Lens","authors":"G. Giannoumis, M. Stein","doi":"10.1163/22131035-00801006","DOIUrl":"https://doi.org/10.1163/22131035-00801006","url":null,"abstract":"Universal Design aims to ensure that everyone can equally use products, environments, programs, and services. This article examines the theoretical underpinnings and potential application of universal design by exploring its evolution through human rights and disability rights laws and policies. It is maintained that universal design arises from the complex relationship between human rights, disability rights, and access to and use of technology. Consequently, it is argued that in relation to the information society, it is most capable of promoting equal access and use of technology in three ways. First, universal design can increasingly account for human diversity. Second, universal design can progressively eliminate barriers to accessibility and usability. Third, universal design can augment broader participation in the design and development of technology. Conceptualising universal design foundations of usability and accessibility of technology as universal human rights precepts embraces social equality for everyone, and incorporates important but currently exclusive disability rights precepts.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00801006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48918415","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 9

Combating Transnational Organised Crime through International Human Rights Law 通过国际人权法打击跨国有组织犯罪

International Human Rights Law Review Pub Date : 2019-06-03 DOI: 10.1163/22131035-00801003

Tom Obokata

引用次数: 2

European Civil Society and Human Rights Advocacy, written by Markus Thiel Markus Thiel著《欧洲民间社会与人权倡导》

International Human Rights Law Review Pub Date : 2019-06-03 DOI: 10.1163/22131035-00801001

Saeed Bagheri

引用次数: 0

International Human Rights and Counter-Terrorism 国际人权与反恐

International Human Rights Law Review Pub Date : 2019-01-01 DOI: 10.1007/978-981-10-3894-5

引用次数: 0

Books Received 书收到了

International Human Rights Law Review Pub Date : 2018-11-29 DOI: 10.1163/22131035-00702005

引用次数: 0

Building National and Regional Accountability for Conflict Related Sexual Violence 建立与冲突有关的性暴力的国家和区域问责制

International Human Rights Law Review Pub Date : 2018-11-29 DOI: 10.1163/22131035-00702001

K. Campbell

引用次数: 0

Indigenous Persons with Disabilities and the Convention on the Rights of Persons with Disabilities 土著残疾人和《残疾人权利公约》

International Human Rights Law Review Pub Date : 2018-11-29 DOI: 10.1163/22131035-00702002

Paul Harpur, M. Stein

{"title":"Indigenous Persons with Disabilities and the Convention on the Rights of Persons with Disabilities","authors":"Paul Harpur, M. Stein","doi":"10.1163/22131035-00702002","DOIUrl":"https://doi.org/10.1163/22131035-00702002","url":null,"abstract":"This article analyses how disability human rights protections and processes under the United Nations Convention on the Rights of Persons with Disabilities (crpd) have responded to the heightened vulnerability created when disability intersects with indigeneity. It considers the evolution of international human rights law instruments for indigenous persons with disabilities. It further examines the drafting history of the crpd related to indigenous-specific content and examines the crpd Committee’s engagement with the human rights protections and violations of indigenous persons with disabilities. It demonstrates that the crpd Committee has advanced these rights by acknowledging the rights of indigenous persons in the general course of its work, but has fallen short of adequately recognising the special vulnerabilities that are created when disability and indigeneity intersect. This evaluation is illustrated by expounding on the crpd Committee’s recommendation in Noble v Australia, a communication brought by an indigenous person with a ‘mental and intellectual disability’ whose indigenous status was not engaged.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00702002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48216440","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Strengthening the Preventive Role of the Committee for the Prevention of Torture in Africa 加强非洲防止酷刑委员会的预防作用

International Human Rights Law Review Pub Date : 2018-11-29 DOI: 10.1163/22131035-00702004

I. Renzulli

{"title":"Strengthening the Preventive Role of the Committee for the Prevention of Torture in Africa","authors":"I. Renzulli","doi":"10.1163/22131035-00702004","DOIUrl":"https://doi.org/10.1163/22131035-00702004","url":null,"abstract":"The article provides a critical insight into the legal framework for the prevention of torture in Africa, with specific reference to the Robben Island Guidelines (rig) and its special mechanism, the Committee for the Prevention of Torture in Africa (cpta). The Guidelines undoubtedly represent a milestone in the development of a torture preventive work in Africa. They bring together a number of provisions covering different aspects of the prohibition and prevention of torture. However they do not elaborate and clarify what is meant by prevention as a concept and what it entails as a legal obligation. Furthermore the cpta’s interpretative drive has largely focused on the other, normatively more robust, areas of intervention, namely the prohibition of torture and redress for victims, at times conflating prevention with the prohibition of torture. If it is to live up to its name, the cpta needs to expand its understanding of prevention of torture. This in turn will allow it to play an important role in detecting, collecting, analysing data and information on situations of risk in Africa, and formulating new and appropriate context-sensitive strategies for the effective prevention of torture.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00702004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47123199","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1