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The Age of Human Rights Journal最新文献

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The Right to Participate in Political and Decision-Making Process under the Maputo Protocol: Normative Masculinity and Nigerian Women 根据《马普托议定书》参与政治和决策进程的权利:规范的男子气概和尼日利亚妇女
The Age of Human Rights Journal Pub Date : 2022-06-23 DOI: 10.17561/tahrj.v18.6633
Onyekachi Eni, M. U. Nnam, E. A. Udu
{"title":"The Right to Participate in Political and Decision-Making Process under the Maputo Protocol: Normative Masculinity and Nigerian Women","authors":"Onyekachi Eni, M. U. Nnam, E. A. Udu","doi":"10.17561/tahrj.v18.6633","DOIUrl":"https://doi.org/10.17561/tahrj.v18.6633","url":null,"abstract":"The birth of the Protocol on the Rights of Women in Africa otherwise known as Maputo Protocol was meant to overcome the shortcomings of the African Charter on Human Rights. Despite Nigeria’s ratification of the protocol, little concrete achievements have been recorded. This study situates the right of Nigerian women to participate in political and decision-making process under the Maputo Protocol in the context of normative and hegemonic barriers in the country. Using analytical methodology, the paper argues that the underrepresentation of Nigerian women in public governance is a negation of human rights. The domestication of the Protocol is recommended.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131262655","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
Parenthood, altruism, and the market: a critique of essentialist constructions of women’s nature in commercial surrogacy 亲子关系、利他主义与市场:对商业代孕中女性本质主义建构的批判
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6673
J. Mora
{"title":"Parenthood, altruism, and the market: a critique of essentialist constructions of women’s nature in commercial surrogacy","authors":"J. Mora","doi":"10.17561/tahrj.v17.6673","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6673","url":null,"abstract":"Commercial surrogacy has become an increasingly popular path to parenthood around the world. Yet, critics have raised concerns about the practice’s implications for gender inequality. This paper critically assesses commercial surrogacy’s reliance on, and reinforcement of, common narratives about women’s natural disposition to sacrifice themselves for others. These narratives have historically served to justify disadvantages for women as workers, both within and outside the household. Their presence in commercial surrogacy agreements suggests that, even if we can characterise commercial surrogacy as an alternative (as opposed to traditional) method for family formation, the same social stereotypes that have historically entrenched women’s inequality in traditional families are still highly relevant for the practice’s functioning.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124074601","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
Current caselaw discrepancies in the protection of national symbols and state representatives between the European Court of Human Rights and Spanish courts: a vicious circle 目前欧洲人权法院和西班牙法院在保护国家象征和国家代表方面的判例法差异:恶性循环
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6405
Andrés Gascón Cuenca
{"title":"Current caselaw discrepancies in the protection of national symbols and state representatives between the European Court of Human Rights and Spanish courts: a vicious circle","authors":"Andrés Gascón Cuenca","doi":"10.17561/tahrj.v17.6405","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6405","url":null,"abstract":"Despite the general consensus about freedom of expression being a basic fundamental right on every democratic society, the debate about its boundaries has never found such a pacific agreement. Thus, the Spanish Penal Code has several articles that punish its abuse that are highly contested, like articles 490.3 and 543 that penalize the offenses directed towards national symbols or State representatives. This being so, this article examines the controversy generated by the application of this articles through the analysis of two judgements issued by the European Court of Human Rights against Spain, and a third one issued by the Spanish Constitutional Court that could follow the same path. This work will be done to describe the clash that exists between the caselaw of these two jurisdictions, in order to critically analyze the approach Spanish courts have to behaviors that criticize national symbols and state representatives.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126949890","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
Freedom of Speech and Expression versus the glorification of acts of terrorism: Defining limits in the Indian context 言论自由与美化恐怖主义:界定印度背景下的限制
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6416
Vaibhav Chadha
{"title":"Freedom of Speech and Expression versus the glorification of acts of terrorism: Defining limits in the Indian context","authors":"Vaibhav Chadha","doi":"10.17561/tahrj.v17.6416","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6416","url":null,"abstract":"Freedom of speech and expression is one of the essential rights for humans; however, some people in the guise of right to freedom of speech and expression glorify the acts of terrorism. In India, there are several laws making certain speeches punishable, but these laws fail to take into consideration speeches that glorify terrorists or acts of terrorism. The objective of this article is to examine the scope of provisions or laws that may be introduced to prohibit speech glorifying acts of terrorism in India while maintaining a balance with the right to freedom of speech and expression granted under the Constitution of India, 1950. This article attempts to assess United Nation Security Council Resolution 1624 and laws enacted in the wake of terrorist attacks in European countries such as the United Kingdom and France, and how they deal with speech that glorifies terrorism. This article also discusses case laws on glorification of terrorism of the European Court of Human Rights.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132800854","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
Transitional justice, victims and human rights in the light of international law and the inter-american system of human rights 根据国际法和美洲间人权制度的过渡时期司法、受害者和人权
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6440
Florabel Quispe Remón
{"title":"Transitional justice, victims and human rights in the light of international law and the inter-american system of human rights","authors":"Florabel Quispe Remón","doi":"10.17561/tahrj.v17.6440","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6440","url":null,"abstract":"The article begins by analyzing the origin and evolution of the concept \"transitional justice\", determining its characteristics, the context in which it was born and developed, as well as the role of the State in this process. Then it focuses attention on analyzing the development of this figure in the jurisprudence of the Inter-American Human Rights System, through the work that the Inter-American Court has been carrying out since its operation, interpreting in a broad way and always pro homini, the American Convention of Human Rights. Throughout its years of operation, it has ruled on the State’s obligation to protect and guarantee human rights and to carry out the pertinent investigations in the event of their violation; as well as the recognition of the status of victims to the victims’ families and their pronouncement of the right to the truth, not as an autonomous human right, but rather as a right of the victims and their next of kin. Undoubtedly, these are aspects that have gone beyond the American Convention.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114323243","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
Religious intolerance: the maximum denial of alterity 宗教上的不宽容:最大限度地拒绝另类
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6126
E. Hogemann
{"title":"Religious intolerance: the maximum denial of alterity","authors":"E. Hogemann","doi":"10.17561/tahrj.v17.6126","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6126","url":null,"abstract":"It analyses aspects of religious intolerance in Brazil, its cause-and-effect relationship with radical proselytism, negative consequences for the exercise of the right to religious freedom and other human rights, some manifestations in the Brazilian multireligious scenario, some potentially effective instruments for prevention intolerance, among which are the practices of alterity. It shows that Brazil, does not present a chaotic picture in terms of intolerance, but has worrying records of persecution, discrimination and acts of violence, for religious reasons, which should serve as a warning for implementation of affirmative actions and public policies regarding the duty of respect and solidarity with others.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125945891","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
Costly Signals? 昂贵的信号?
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6467
James Scott, Allegra Hernandez
{"title":"Costly Signals?","authors":"James Scott, Allegra Hernandez","doi":"10.17561/tahrj.v17.6467","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6467","url":null,"abstract":"Developed states increasingly turned to democracy assistance strategies as the Cold War came to an end. A number of recent studies conclude that such aid positively affected democratization in recipients. But, like foreign aid, democracy assistance allocations are subject to change, sometimes dramatically. In foreign aid, sudden, sizable reductions – or aid shocks (e.g., Nielsen et al. 2011) – can have severe consequences, precipitating conflict in the recipient state. How do democracy aid shocks affect recipient states? This analysis examines the effects of sudden withdrawals of democracy aid – or democracy aid shocks – by the U.S. on recipient regime behavior, specifically, their treatment of citizens and civil society groups. We argue that democracy aid shocks trigger repressive action by recipients resulting in harmful human rights practices by the regime. Examining U.S. democracy aid to the developing world from 1982-2013, we find that, after controlling for other relevant factors likely to affect the human rights practices of a regime, democracy aid shocks are associated with subsequent repression of human rights in the recipient state. Our analysis thus sheds light on an external factor affecting human rights practices within states, as well as an important element of the consequences of democracy aid decisions. We conclude by assessing the implications for democracy promotion strategies and human rights behavior.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131233159","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
The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence 欧洲人权法院参与国际人权文书:审查家庭暴力案件
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6347
Ebru Demir
{"title":"The European Court of Human Rights’ Engagement with International Human Rights Instruments: Looking at the Cases of Domestic Violence","authors":"Ebru Demir","doi":"10.17561/tahrj.v17.6347","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6347","url":null,"abstract":"In its recent jurisprudence on domestic violence, the European Court of Human Rights started to examine the domestic violence cases in the light of relevant international human rights law developed in this specific area. This article examines the engagement of the European Court of Human Rights with other international and regional human rights instruments in domestic violence cases. Upon examination, the article concludes that by integrating its case law into international human rights law the European Court of Human Rights broadens the scope of protection for domestic violence victims and maintains the unity of international law.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"158 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123233234","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: 4
EU, Trading and human rights: consistent framework? 欧盟、贸易与人权:一致的框架?
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6124
C. Jiménez Sánchez
{"title":"EU, Trading and human rights: consistent framework?","authors":"C. Jiménez Sánchez","doi":"10.17561/tahrj.v17.6124","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6124","url":null,"abstract":"The relationship between European Union and International Human Rights Law has not always been close. The global projection of the EU, specially, its interest in becoming a leader in international trade, is facing its negative impact in some territories, specially those affected by human rights violation or negation of fundamental rules of International Law, such as ius cogens self-determination of people. This paper will examine to what extend the practice of the European Union trading with occupying and administrative powers in some territories could jeopardise its compliance with its own values and principles.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115635857","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
Fifteen Years of Right to Information Act in India: A Long Way to Go 印度15年的信息权法案:任重道远
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6537
Pushpraj Singh
{"title":"Fifteen Years of Right to Information Act in India: A Long Way to Go","authors":"Pushpraj Singh","doi":"10.17561/tahrj.v17.6537","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6537","url":null,"abstract":"The passing & enactment of Right to Information Act, 2005 in India has been rightly considered as a milestone in the evolution of Indian Parliamentary Democracy which attempted to ensure transparency & good governance at the grass root levels by making the public authorities accountable & responsible. This Act liberated the harassed commoners who now had a very potent weapon to seek information which had hitherto remained suppressed in the dusty files of Babus (Bureaucrats) under the garb of official secrecy & confidentiality. However, in spite of many initial success stories over a period of time this Right to Information act has been losing its effectiveness & potency as it has failed to adopt the dynamism of complex Socio-Political realities. This paper attempts to give an overview & explain the history of RTI in India, its present status, limitations/drawbacks /challenges & and suggests some remedial measures to ensure its relevance in the rapidly transforming geo political context.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"174 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128917925","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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