Nordic Journal of Human Rights最新文献

{"title":"The Human Right to a Healthy Environment","authors":"J. Fraser","doi":"10.1080/18918131.2022.2057694","DOIUrl":"https://doi.org/10.1080/18918131.2022.2057694","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77301831","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}

{"title":"The Future is Now: Climate Cases Before the ECtHR","authors":"H. Keller, Corina Heri","doi":"10.1080/18918131.2022.2064074","DOIUrl":"https://doi.org/10.1080/18918131.2022.2064074","url":null,"abstract":"ABSTRACT This article evaluates the potential role of the European Court of Human Rights in adjudicating cases related to climate change. The Court is currently facing its first four climate applications, and addressing them is more than a routine process of applying existing case law. These cases speak to fundamental questions regarding the Court’s engagement with systemic problems, politically and technically challenging issues, and its own subsidiarity to state decision-making. Looking at recent environmental case law, this article identifies and discusses various possible futures for the Court’s approach to climate cases, including from admissibility, substantive, and remedial perspectives. It also considers the tendencies and factors influencing the Court’s potential response to climate claims. This includes its docket crisis, its evolution towards a ‘procedural turn’, and its approach to the balancing of competing interests and its selection of the appropriate level of scrutiny. We conclude that the Court must contribute to the search for a modus vivendi that permits competing interests to coexist and ensures a liveable future. This is not only a question of ensuring future enjoyment of human rights, but also of safeguarding the Court’s own ability to carry out its role and to thrive into the future.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84479519","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}

{"title":"It's Time to Expand the Right to Education","authors":"Bede Sheppard","doi":"10.1080/18918131.2022.2071401","DOIUrl":"https://doi.org/10.1080/18918131.2022.2071401","url":null,"abstract":"ABSTRACT International law guarantees all children free primary education. Although pre-primary and secondary education have been recognised to differing degrees as part of the right to education, there is no obligation under international human rights treaties to provide either for free. This omission is inconsistent with children's rights otherwise guaranteed under international law. Including only free primary education under the right to education, but not free pre-primary or free secondary education, may have been a recognition of countries’ limited available resources when the right was incorporated into legal treaties, beginning in 1960. However, after decades of economic growth and increasing evidence of the economic benefits to society of expanding access to education, that position deserves to be revisited. Various options exist to expand the scope of the right under international law to guarantee free pre-primary and free secondary education. A new optional protocol to the Convention on the Rights of the Child could provide a way toward finally realising a right to free education for all children.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81200145","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}

{"title":"Actualizing Human Rights: Global Inequality, Future People, and Motivation","authors":"Emil Andersson","doi":"10.1080/18918131.2022.2052589","DOIUrl":"https://doi.org/10.1080/18918131.2022.2052589","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80411782","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}

{"title":"Special Issue: The Future of Human Rights","authors":"Gentian Zyberi, J. Schaffer, Carola Lingaas, Eduardo Sánchez Madrigal","doi":"10.1080/18918131.2022.2082011","DOIUrl":"https://doi.org/10.1080/18918131.2022.2082011","url":null,"abstract":"What may the future hold for human rights? The Nordic Journal of Human Rights (NJHR) – a leading forum for interdisciplinary exchanges on human rights in the Nordic region and beyond – is celebrating its 40th anniversary. Its Editorial Office decided to honour the occasion with a special issue on ‘The Future of Human Rights’. In our call for papers, we invited submissions that provide insights on the future development of human rights and that are theoretically informed, empirically grounded, and methodologically rigorous in their ambitions to advance not only the academic study of human rights, but also its relevance to reflective practice in the real world. These papers would eventually set agendas and advance new potential lines of inquiry. True to the multiand inter-disciplinary approach of both the journal and the subject of human rights, we encouraged and welcomed contributions drawing from different disciplines. Looking back at the past 40 years of the existence of our journal, it is evident that human rights – as a legal, political, and social practice – have experienced significant achievements and successes, some notable setbacks and failures, and numerous unprecedented and unforeseen events and developments. Likewise, the academic study of human rights has matured and become increasingly specialised. Part of that development is also expressed in the articles and special issues published by the journal. From its establishment in 1982 as the Scandinavian-language journal Mennesker og Rettigheter, to its eventual consolidation as the Englishlanguage Nordic Journal of Human Rights in 2010, the journal has become one of the leading publications and fora for academic discourse in the field. Yet, rather than retrospectively summarising these 40 years, we use(d) the occasion to invite scholars and practitioners to prospectively conjecture about what the coming decades may hold for human rights, to discern where current trends are likely to lead, and to make sense of the future they herald. Speculating about the future, let alone predicting it, is a daunting task for academic researchers and practitioners alike. Human rights seem to be permanently at a crossroads and are frequently subjected to scepticism, even harsh criticism. According to some scholars, the idea of human rights has failed to deliver on its radical promise of emancipation. Some even argue that human rights are instruments for dominating and oppressing the very populations they are meant to protect – that the powers-that-be can use the discourse of human rights to justify colonialism, warfare, and attacks on civilians. Yet the ideal of human rights continues to inspire not only academic criticism, but also real-world activism to","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82189517","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}

{"title":"Reparations for Chattel Slavery: A Call From the ‘Periphery’ to Decolonise International (Human Rights) Law","authors":"R. Biholar","doi":"10.1080/18918131.2022.2082042","DOIUrl":"https://doi.org/10.1080/18918131.2022.2082042","url":null,"abstract":"ABSTRACT Global inequities persist despite the achievements of the human rights project so far, as Kofi Annan highlighted in 2005. Caribbean calls for reparations for chattel slavery are a manifestation of and a response to global inequities that affect the Global South in particular. However, when endeavouring to find a footing in international law, and specifically in international human rights law, reparations calls have been contested and challenged. This article proposes a reimagining of the international human rights system to offer a legitimate place for reparations for chattel slavery and thus enable an effective challenge to pressing injustices such as racial discrimination and its ramifications. Despite being a region that has been birthed from such profound historical injustices that still affect the full realisation of human rights today, the Caribbean and its human rights challenges and calls for justice have been relegated to and maintained at the periphery of international human rights law. For that reason, this article focuses on reparations for slavery emanating from the Caribbean. Drawing on Third World Approaches to International Law (TWAIL), it argues that the inability of international legal systems to respond to historical injustices indicates that the colonial imagination, constructed on the compass of exclusion, is still the foundation of international human rights law and of modern, postcolonial societies. The article thus advocates for decolonising international human rights law to accommodate a more inclusive future for human rights.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86738537","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}

{"title":"Two Paths in the Future Relationship of the European Court of Human Rights and the African Court of Human and Peoples’ Rights","authors":"Martin Lolle Christensen, W. H. Byrne","doi":"10.1080/18918131.2022.2073715","DOIUrl":"https://doi.org/10.1080/18918131.2022.2073715","url":null,"abstract":"ABSTRACT There are two potential paths in the future relationship between the African and European Human Rights Courts. One path, brimming with optimism, sees a ‘global community of courts’ engaging in judicial dialogue that contributes to global human rights law. A second path has emerged in a Concurring Opinion to ND and NT v. Spain, a judgment legitimizing pushback of migrants at the borders of Europe. Judge Pejchal suggested that the application should have been struck out, as the applicants could have brought their claim to the African Court if they were unsatisfied with the human rights situation in their home country. This remains the sole reference to the African Court in the jurisprudence of the European Court. It takes place in a context of backlash against both courts in politically fraught areas, and in shared territorial experiences of waves of migration from Africa to Europe. This article presents the two paths of these regional courts and their intertwining futures, focusing on the judicial practices that facilitate dialogue. We explore these paths empirically and argue that aspirations of unity and the cynicism of insularity are likely to be prominent and overlapping themes in the future of regional human rights courts.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85568881","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}

{"title":"The Future of Human Rights and the African Human Rights System","authors":"Solomon Dersso","doi":"10.1080/18918131.2022.2079297","DOIUrl":"https://doi.org/10.1080/18918131.2022.2079297","url":null,"abstract":"ABSTRACT In this contribution, I approach the question of the future of the African human rights system both by situating the issue within the broader context and by reference to the system's own institutional and political setting. To this end, I deploy the COVID-19 pandemic as a lens to discuss the existential questions facing human rights, drawing out the major issues the pandemic has brought out and the lessons we can take from these about the flaws and gaps in the current human rights system in general. While the issues that threaten human rights worldwide apply to human and peoples’ rights in Africa, there are some contextual peculiarities to the question of the future of human and peoples’ rights on the continent. Zooming in, I address these issues of specific concern for the African human rights system, which affect its current standing and are sure to frame its future trajectory. The first consists of the institutional and structural challenges that continue to bedevil the effective functioning of the human rights institutions making up the regional system. The second concerns the political, socioeconomic, and regional context in which the African human rights system operates and the tension that has emerged in this context between human rights institutions and African Union political bodies, as highlighted in recent trends of political backlash against these institutions. It is accordingly submitted that the future of human rights in Africa depends on how the existential challenges currently facing human rights in general, and the specific issues afflicting human rights in Africa, are resolved or at the very least managed.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75324687","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}

{"title":"Are Human Rights Enough? Exploring Ways to Reimagining Human Rights Law","authors":"Kirtika Kattel","doi":"10.1080/18918131.2022.2079223","DOIUrl":"https://doi.org/10.1080/18918131.2022.2079223","url":null,"abstract":"ABSTRACT The international human rights system faces criticisms regarding a range of issues, including ambiguity in its standards, weakness in its enforcement mechanisms and the resultant lack of impact on the ground, and the notion of universality being incompatible with cultural particularities. This article analyses some of these scholarly criticisms and argues that they should be seen as a wake-up call. It discusses and explores feasible ways of reimagining the existing human rights frameworks. Reimagining here does not mean reformulating existing frameworks; it means revisiting the assumptions on which the current system is based. The article does not agree that the idea and ideals of human rights are on their last legs, as some critics seem to suggest. It argues, instead, that the language of human rights is still highly relevant, as seen in its increasing use by both intellectuals and practitioners, including human rights defenders and civil society organisations. The focus of discourse should, therefore, shift from criticism to lesson-learning and exploring new ways to make human rights relevant to all. The article largely builds on secondary resources, and the criticisms discussed are limited to scholarly criticisms.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84343719","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}

{"title":"Rural Local Communities as Holders of Human Rights: From Aboriginal Subsistence Whaling to Small-Scale Local Community Whaling?","authors":"L. Viikari","doi":"10.1080/18918131.2022.2045054","DOIUrl":"https://doi.org/10.1080/18918131.2022.2045054","url":null,"abstract":"ABSTRACT This article examines the status of rural local communities within the international framework of human rights. The adoption in 2018 of the United Nations Declaration on the Rights of Peasants and other People Working in Rural Areas (UNDROP) has made the theme particularly topical. The UNDROP is an instrument designed to advance the recognition of human rights with specific relevance for rural communities and to develop locality as a factor contributing to stakeholdership in the international human rights system. Rural local communities consist of both indigenous and non-indigenous people, the legal status of whom can be quite different from each other. A practical example used for demonstrating this is the international legal regime governing whaling. With respect to attempts to revise the whaling regime to be more inclusive while benefiting both indigenous and non-indigenous populations involved in small-scale hunting of whales, the UNDROP has interesting potential.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78953155","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}