International Human Rights Law Review最新文献

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General Recommendation No. 37 (2018) on the Gender-Related Dimensions of Disaster Risk Reduction in the Context of Climate Change 关于气候变化背景下减少灾害风险的性别相关层面的第37(2018)号一般性建议
International Human Rights Law Review Pub Date : 2018-11-29 DOI: 10.1163/22131035-00702006
{"title":"General Recommendation No. 37 (2018) on the Gender-Related Dimensions of Disaster Risk Reduction in the Context of Climate Change","authors":"","doi":"10.1163/22131035-00702006","DOIUrl":"https://doi.org/10.1163/22131035-00702006","url":null,"abstract":"This general recommendation provides guidance to States parties on the implementation of their obligations under the Convention on the Elimination of All Forms of Discrimination against Women (the Convention) in relation to disaster risk reduction and climate change. In their reports submitted to the Committee pursuant to article 18, States parties should address general obligations to ensure substantive equality between women and men in all areas of life, as well as the specific guarantees in relation to those rights under the Convention that may be particularly affected by climate change and disasters, including extreme weather events such as floods and hurricanes, as well as slow-onset phenomena, such as the melting of polar ice caps and glaciers, drought and sea-level rise. General recommendation 37 is intended to underscore the urgency of mitigating the adverse effects of climate change and to highlight the steps necessary to achieve gender equality, the realization of which will reinforce the resilience of individuals and communities globally in the context of climate change and disasters. It is also intended to contribute to coherence, accountability and the mutual reinforcement of international agendas on disaster risk reduction and climate change adaptation, by focusing on the impacts of climate change and disasters on women’s human rights including the right to live free from gender-based violence against women and girls, rights to education and information, rights to work and social protection, right to health, right to an adequate standard of living, and right to freedom of movement.","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/10.1163/22131035-00702006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46922622","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: 16
Article 46C of the Malabo Protocol: A Contextually Tailored Approach to Corporate Criminal Liability and Its Contours 《马拉博议定书》第46C条:对公司刑事责任及其轮廓采取切合具体情况的办法
International Human Rights Law Review Pub Date : 2018-11-29 DOI: 10.1163/22131035-00702003
Taygeti Michalakea
{"title":"Article 46C of the Malabo Protocol: A Contextually Tailored Approach to Corporate Criminal Liability and Its Contours","authors":"Taygeti Michalakea","doi":"10.1163/22131035-00702003","DOIUrl":"https://doi.org/10.1163/22131035-00702003","url":null,"abstract":"This article examines the corporate criminal liability provision of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol), which is the first to grant an international or regional criminal court jurisdiction over corporations. It analyses the provision in light of the wide substantial jurisdiction of the future criminal law section of the African Court of Justice and Human and Peoples’ Rights, the complementarity provision, the modes of responsibility and demonstrates its strengths and weaknesses. It argues that the corporate criminal liability provision will particularly contribute to a regional quest for justice and accountability against corporate impunity, as it is contextually tailored but also well equipped to address corporate wrongdoing.","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/10.1163/22131035-00702003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42266532","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
Contents 内容
International Human Rights Law Review Pub Date : 2018-11-29 DOI: 10.1163/22131035-00702007
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引用次数: 0
The Convention on the Rights of Persons with Disabilities and International Human Rights Law 《残疾人权利公约》与《国际人权法》
International Human Rights Law Review Pub Date : 2018-06-19 DOI: 10.1163/22131035-00701004
F. Seatzu
{"title":"The Convention on the Rights of Persons with Disabilities and International Human Rights Law","authors":"F. Seatzu","doi":"10.1163/22131035-00701004","DOIUrl":"https://doi.org/10.1163/22131035-00701004","url":null,"abstract":"This article argues that it is not possible to interpret or apply the International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (Convention on the Rights of Persons with Disabilities or CRPD) and its related Optional Protocol to the Convention on the Rights of Persons with Disabilities without drawing on the texts of other human rights treaties and the related jurisprudence of their judicial or quasi-judicial supervisory bodies. Conversely, it is not possible to supervise the implementation of other human rights treaties, where persons with disabilities are concerned, without drawing on the text of the CRPD and related interpretative conclusions of the Committee on the Rights of Persons with Disabilities (CRPD Committee).","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00701004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43365439","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
Systemic and Structural Factors Relating to Quality and Equality of Human Rights Implementation in Federal States 与联邦国家人权执行的质量和平等有关的系统和结构因素
International Human Rights Law Review Pub Date : 2018-06-19 DOI: 10.1163/22131035-00701002
Judith Wyttenbach
{"title":"Systemic and Structural Factors Relating to Quality and Equality of Human Rights Implementation in Federal States","authors":"Judith Wyttenbach","doi":"10.1163/22131035-00701002","DOIUrl":"https://doi.org/10.1163/22131035-00701002","url":null,"abstract":"The internal organisation of a state is a contributing factor to the implementation of human rights treaties. Although federal states do not demonstrate an implementation standard that is generally lower or higher than in unitary states, both the positive developments and deficits arising can be linked to the federal structure. In many cases, under the state’s internal order, the responsibility for implementation lies not only with the federal government but in parallel or even exclusively with the constituent states, provinces or regions. The integration of uniform standards within a system of multi-level politics involves certain special features, which are identified and discussed. For those purposes, the author has evaluated and undertaken a critical analysis of the implementation requirements of international human rights treaties and the European Convention on Human Rights, interpretative documents issued by treaty bodies and judgments of the European Court of Human Rights. The focus of the analysis concerns the structural and institutional frameworks typically found in federal states. The assessment seeks to contribute to a deeper understanding of the benefits and challenges of implementation in federal states.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00701002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41521611","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
Recognition, Transformation and Collective Restitution 承认、转型与集体归还
International Human Rights Law Review Pub Date : 2018-06-19 DOI: 10.1163/22131035-00701006
Manny Zhang
{"title":"Recognition, Transformation and Collective Restitution","authors":"Manny Zhang","doi":"10.1163/22131035-00701006","DOIUrl":"https://doi.org/10.1163/22131035-00701006","url":null,"abstract":"In recent times, the question of whether transitional justice can and should ameliorate structural inequalities has been taken up with increased interest by scholars and policy makers. This has led to more ‘transformative’ understandings of transitional justice, which seek to inter alia broaden its conception of justice to include both restorative and redistributive agendas. The Colombian restitution program explicitly adopts a transformative concept of reparations and thus provides an opportunity to consider how a broader conception of justice could be translated into practice through transitional justice mechanisms. While recognising that both restorative and distributive justice can contribute to the reparative needs of victims, this article argues that a transformative approach does not adequately consider the genuine tensions between these dimensions. In addition to this theoretical obstacle, the difficulties of implementation suggest that it creates unrealistic expectations of what reparations can accomplish in practice.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00701006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48827262","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
Responding to Human Rights Violations in Africa 应对非洲侵犯人权行为
International Human Rights Law Review Pub Date : 2018-06-19 DOI: 10.1163/22131035-00701003
Manisuli Ssenyonjo
{"title":"Responding to Human Rights Violations in Africa","authors":"Manisuli Ssenyonjo","doi":"10.1163/22131035-00701003","DOIUrl":"https://doi.org/10.1163/22131035-00701003","url":null,"abstract":"This article examines the main achievements and challenges of Africa’s two regional bodies established to ensure the implementation of human rights in Africa. It makes an assessment of the role of Africa’s oldest regional human rights body, the African Commission on Human and Peoples’ Rights (African Commission) in the last 31 years of its operation (from 1987–March 2018). It also considers the judicial role of the African Court on Human and Peoples’ Rights (African Court) in the last 12 years of its operation (from 2006–March 2018). The increasing contribution of both the Commission and the Court to the protection of human rights under the African Charter on Human and Peoples’ Rights is rarely subjected to scrutiny in mainstream human rights literature. The article is limited to the consideration of the Commission’s contribution with respect to: (i) decisions on admissibility of communications concerning mainly exhaustion of domestic remedies; (ii) decisions on merits of communications; (iii) adoption of resolutions, principles/guidelines, general comments, model laws and advisory opinions; (iv) special rapporteurs and working groups to deal with thematic human rights issues; (v) consideration of State reports and conducting on-site visits; and (vi) referral of communications to the African Court involving unimplemented interim measures, serious or massive human rights violations, or the Commission’s findings on admissibility and merits.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00701003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46214632","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: 8
General Comment 6 (2018) on Equality and Non-discrimination 关于平等和不歧视的第6(2018)号一般性意见
International Human Rights Law Review Pub Date : 2018-06-19 DOI: 10.1163/22131035-00701001
{"title":"General Comment 6 (2018) on Equality and Non-discrimination","authors":"","doi":"10.1163/22131035-00701001","DOIUrl":"https://doi.org/10.1163/22131035-00701001","url":null,"abstract":"Article 5 of the Convention on the Rights of Persons with Disabilities (CRPD) deals with equality and non-discrimination. It specifically provides:\u0000\u00001.\u0000States Parties recognize that all persons are equal before and under the law and are entitled without any discrimination to the equal protection and equal benefit of the law.\u0000\u0000\u00002.\u0000States Parties shall prohibit all discrimination on the basis of disability and guarantee to persons with disabilities equal and effective legal protection against discrimination on all grounds.\u0000\u0000\u00003.\u0000In order to promote equality and eliminate discrimination, States Parties shall take all appropriate steps to ensure that reasonable accommodation is provided.\u0000\u0000\u00004.\u0000Specific measures which are necessary to accelerate or achieve de facto equality of persons with disabilities shall not be considered discrimination under the terms of the present Convention.\u0000\u0000\u0000General comment no 6 clarifies the obligations of States parties regarding equality for and non-discrimination of persons with disabilities. It begins by considering equality for and non-discrimination of persons with disabilities in international law (Section II) followed by a discussion of the human rights model of disability and inclusive equality (Section III). It then discusses the legal character of non-discrimination and equality (Section IV), the normative content of Article 5 CRPD (Section v), the general obligations of States parties under the Convention relating to non-discrimination and equality (Section VI), the relationship of Article 5 with other specific articles of the Convention (Section VII), followed by implementation at the national level (Section VIII).","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00701001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46654496","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: 3
Books Received 收到的书籍
International Human Rights Law Review Pub Date : 2018-06-19 DOI: 10.1163/22131035-00701005
{"title":"Books Received","authors":"","doi":"10.1163/22131035-00701005","DOIUrl":"https://doi.org/10.1163/22131035-00701005","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00701005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49202600","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
Global Multilateral Mechanisms 全球多边机制
International Human Rights Law Review Pub Date : 2018-04-17 DOI: 10.4324/9780429456862-5
J. Donnelly, D. Whelan
{"title":"Global Multilateral Mechanisms","authors":"J. Donnelly, D. Whelan","doi":"10.4324/9780429456862-5","DOIUrl":"https://doi.org/10.4324/9780429456862-5","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2018-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87308348","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
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