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The Age of Human Rights Journal最新文献

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Disability’s rights to health: an obligation triggered by corona virus pandemic 残疾人的健康权:冠状病毒大流行引发的义务
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6303
Uche A. Nnawykezi, Bosede Remilekun Adeuti
{"title":"Disability’s rights to health: an obligation triggered by corona virus pandemic","authors":"Uche A. Nnawykezi, Bosede Remilekun Adeuti","doi":"10.17561/tahrj.v17.6303","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6303","url":null,"abstract":"This paper examines the right to health and disabilities rights in the wake of Corona virus pandemic. The objective of this paper is to examine the applicable legal and policy frameworks on the rights of persons with disabilities and how it has adequately protected such persons in the face of Corona virus pandemic. The study adopts analytical, qualitative approach and builds its argument on existing literatures. The paper recommends the existing laws and policies on disability’s rights to health be enforced by relevant agencies, whilst Article 25 of the Convention on the Rights of Persons with Disabilities 2006 should be made proactive.","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":"125196551","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
A Comparative Analysis on International Refugee Law and Temporary Protection in the Context of Turkey 土耳其背景下的国际难民法与临时保护比较分析
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6297
Dikran M. Zenginkuzucu
{"title":"A Comparative Analysis on International Refugee Law and Temporary Protection in the Context of Turkey","authors":"Dikran M. Zenginkuzucu","doi":"10.17561/tahrj.v17.6297","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6297","url":null,"abstract":"The Syrian civil war prompted a large number of people to flee their country and seek asylum in other countries, making Turkey a leading host country with around 3.6 million of asylum seekers. Syrian asylum seekers in Turkey are under temporary protection regime. This article examines Turkish temporary protection regime in comparison with international protection standards and human rights law, especially with the UNHCR Guideline and European Union legislation on temporary protection and European Court on Human Rights judgements. In this respect, this article argues that Turkish legislation has met the fundamental requirements of international protection law and standards, however, still needs to be improved in some crucial areas. In this regard, the international protection law and the difference between the status of refugee and temporary protection is explored. Subsequently, declaration of temporary protection in case of a mass-influx, the rights and freedoms covered under temporary protection, non-refoulement principle and termination of temporary protection regime under Turkish Temporary Protection Regulation are discussed and compared with the international standards. Finally, some conclusions and recommendations for the improvement are deduced from this discussion.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"19 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":"123140674","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
Experiences of access to justice for persons deprived of liberty in Ecuador 厄瓜多尔被剥夺自由者诉诸司法的经验
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6457
Andrés Ramírez, Antonia Machado Arévalo
{"title":"Experiences of access to justice for persons deprived of liberty in Ecuador","authors":"Andrés Ramírez, Antonia Machado Arévalo","doi":"10.17561/tahrj.v17.6457","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6457","url":null,"abstract":"The Ecuadorian prison system has conditions that denotes a questionable validity of rights for inmates. In this context, access to justice (ATJ) is one of the most important rights to guarantee the rehabilitation of persons deprived of liberty (PDL) since confinement and the reality of the prison generate unique barriers for the ATJ. Through the analysis of in-depth semi-structured interviews, the ATJ experiences of the PDL and of actors linked to the social rehabilitation system are identified to state critical points in relation to the validity of this key right.","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":"132570871","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
Hobbes and the economic, social and cultural rights of the universal declaration of human rights 霍布斯提出了经济、社会和文化权利的普遍人权宣言
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6572
J. Hernández, Santiago Dussan
{"title":"Hobbes and the economic, social and cultural rights of the universal declaration of human rights","authors":"J. Hernández, Santiago Dussan","doi":"10.17561/tahrj.v17.6572","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6572","url":null,"abstract":"This article argues that the conceptions of natural rights in Hobbes’s theory and of economic, social and cultural rights in the Universal Declaration of Human Rights have three common features that serve to justify the thesis that a satisfactory order of coexistence cannot be achieved without extensive state power. Both conceptions identify rights with interests whose satisfaction is considered paramount. Both perspectives see the state as the shaper of the legal order that rights do not create. Finally, both see the state as the entity that must monopolize the management of individual interests represented in rights. This article suggests that these findings are paradoxical when confronted with the main motivation behind the drafting of the Declaration.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"127 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":"114519318","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
Identity of Roma women and processes of international and transitional justice 罗姆妇女的身份与国际和过渡时期司法进程
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6385
Ana M. Jara Gómez
{"title":"Identity of Roma women and processes of international and transitional justice","authors":"Ana M. Jara Gómez","doi":"10.17561/tahrj.v17.6385","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6385","url":null,"abstract":"Among the women involved in international legal environments, there are women who are administrators of justice, and women who remain as recipients, consumers or petitioners of justice. The question of identity, be it national, cultural, ethnic, religious or otherwise may become crucial when positioning human beings in one side of justice or another. This article seeks to analyse the formation of identities and the characteristics of Roma women’s identity and specifically their roles in international justice together with some actual European political stances towards the Roma peoples. Part of the study will take into account the sequence of processes that take place from the appointment of international judges to the resolutions of the United Nations Security Council, and that lead to the granting of a certain place for women in the transitional/international justice scene. Nevertheless, there are also groups of women who hardly participate in the international legal scene and, although their role has historically been, and still is, reduced to being victims, their possibilities of action in the field justice are extraordinarily limited. This is the case of Roma women in Europe.","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":"130622149","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
Human rights obligations, especially, in times of crisis 人权义务，特别是在危机时期
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6406
M. J. Añón
{"title":"Human rights obligations, especially, in times of crisis","authors":"M. J. Añón","doi":"10.17561/tahrj.v17.6406","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6406","url":null,"abstract":"This article is a critical reflection on human rights obligations and the changes that have taken place in their conception and functions, as well as their impact on the protection of human rights – especially in crises. The text is divided into two parts. The first section presents the features that characterise human rights obligations while focusing on the arguments that give them identity and reinforce their binding nature, with human beings as the subjects of rights and beneficiaries of obligations that broaden the responsibility of the obligated states. The second section analyses these obligations in times of crisis, such as the Covid-19 pandemic. Therefore, this piece of research focuses on two significant legal situations based on the relevant elements of obligations: on one hand, it critically reflects on the derogative clauses in obligations, and, on the other hand, reviews the prohibition of regression or dilution of human rights as a guarantee for the maintenance of such obligations","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"33 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":"114487882","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
Human Rights in Times of the Pandemic: A Dialogue on Migration and Indigenous Rights in Brazil before the Regional Inter-American System 大流行病时期的人权:在区域美洲体系之前关于巴西移徙和土著权利的对话
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6459
Letícia Virginia Leidens, Patricia Grazziotin Noschang
{"title":"Human Rights in Times of the Pandemic: A Dialogue on Migration and Indigenous Rights in Brazil before the Regional Inter-American System","authors":"Letícia Virginia Leidens, Patricia Grazziotin Noschang","doi":"10.17561/tahrj.v17.6459","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6459","url":null,"abstract":"This paper using the deductive method of approach based on regional scope for the protection of human rights, aims to demonstrate that the Brazilian state actions took during the pandemic, in terms of strategies, policies and measures to deal with the COVID-19 pandemic had severe consequences specially for indigenous and migrants population in Brazil, increasing the level of vulnerability of that population in its territory. It will also consider that in spite of adhering the unconditional observance of inter-American and international standards on human rights, the Brazilian government ignored such agreements and therefore causing social economic losses and about hundreds of deaths.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"19 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":"127627787","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
Artistic expression: freedom or curse? 艺术表现:自由还是诅咒?
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6269
Sanja Djajić, Dubravka Lazić
{"title":"Artistic expression: freedom or curse?","authors":"Sanja Djajić, Dubravka Lazić","doi":"10.17561/tahrj.v17.6269","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6269","url":null,"abstract":"The purpose of this contribution is to evaluate the jurisprudence of the European Court of Human Rights (ECtHR) in freedom of artistic expression cases dealing with visual and performance arts. The reasons for this particular evaluation are salient to the fact that the ECtHR has consistently provided a lesser level of protection to artistic expression than to political expression. The aim of this article is to challenge the approach of the Court to the freedom of artistic expression in relation to visual and performance arts. The critical evaluation is based on two different but complementary grounds: contemporary theory of art critique of the ECtHR’s understanding of art and critique based on the ECtHR’s own political freedom of expression cases. The argument of the authors is that the ECtHR approach to visual and performance arts as an exercise in ethics and aesthetics is contradicted by contemporary art theory and practice which invariably assumes the societal role of art, its potential subversive and transformative function within a society at large, and, ultimately, its lato sensu political value. In addition, visual and performance arts are powerful yet fragile instruments for delivering the debate to society at large. Viewed from this perspective, artistic expression has the same beneficial effect on a democratic society as political expression stricto sensu. Therefore, the rationales underpinning protection of political expression are essentially the same as those of artistic expression, therefore the ECtHR should extend the same level of legal protection to arts and artists to keep valuable social dialogue alive.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"23 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":"129739326","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
Exploring the use of the concept human dignity in disability human rights law: from UNCRPD to EctHR 探索在残疾人人权法中使用人的尊严概念:从联合国残疾人权利公约到欧洲人权委员会
The Age of Human Rights Journal Pub Date : 2021-12-17 DOI: 10.17561/tahrj.v17.6321
Elif Çelik
{"title":"Exploring the use of the concept human dignity in disability human rights law: from UNCRPD to EctHR","authors":"Elif Çelik","doi":"10.17561/tahrj.v17.6321","DOIUrl":"https://doi.org/10.17561/tahrj.v17.6321","url":null,"abstract":"The UN Convention on the Rights of Persons with Disabilities (CRPD) accommodates the concept of human dignity more fully than does any other human rights treaty. The role and interpretation of dignity is thus particularly interesting from the perspective of disability human rights and case law. This study examines the role and significance of the concept of dignity in relation to the human rights disability discourse and jurisdiction through the guidance and impact of the CRPD. It examines the currently available jurisprudence of the CRPD Committee and the European Court of Human Rights (ECtHR) in light of the CRPD, seeking to identify the rights that are particularly related to the concept of dignity through the perspective of disability and to identify the requirements of the respect for dignity for persons with disabilities. While accepting the limitations of the sources in this examination due to the recent history of the CRPD, the study nevertheless locates some points where human dignity has particular relevance to the realisation of the rights protected in the CRPD.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"5 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":"129329283","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
Addressing the Paradox: Counterinsurgency, Human Rights and Women in Northeast Nigeria 解决矛盾:尼日利亚东北部的平叛、人权和妇女
The Age of Human Rights Journal Pub Date : 2020-12-15 DOI: 10.17561/tahrj.v15.5829
David Ibukun
{"title":"Addressing the Paradox: Counterinsurgency, Human Rights and Women in Northeast Nigeria","authors":"David Ibukun","doi":"10.17561/tahrj.v15.5829","DOIUrl":"https://doi.org/10.17561/tahrj.v15.5829","url":null,"abstract":"Counterinsurgency (COIN) operations often result in widespread human rights violations because COIN operations are usually premised on the erroneous assumption of irreconcilable tension between human rights and national security. By reviewing narratives that frame official discourse on counterinsurgency and human rights in Nigeria as well as locating women at the heart of the debate, this essay argues that assumption of incompatibility between human rights and national security can explain the widespread rights violations associated with COIN operations against Boko Haram in northeast Nigeria. A gender-sensitive-right-based approach to COIN is therefore recommended.","PeriodicalId":164030,"journal":{"name":"The Age of Human Rights Journal","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128453626","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
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