Nordic Journal of Human Rights最新文献

{"title":"Marketing Global Justice: The Political Economy of International Criminal Law","authors":"Yasin Huber","doi":"10.1080/18918131.2023.2252982","DOIUrl":"https://doi.org/10.1080/18918131.2023.2252982","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139364037","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":"Corporate Human Rights Responsibilities: Rethinking the Public-Private Divide","authors":"Janne Mende","doi":"10.1080/18918131.2023.2254969","DOIUrl":"https://doi.org/10.1080/18918131.2023.2254969","url":null,"abstract":"ABSTRACT This framing paper to the special issue deals with one of the key human rights challenges today: the effective regulation of business in a globalized economy and the expansion of the roles corporate actors play beyond the private realm. It discusses three ideal-typical approaches to the public-private divide that characterizes the human rights responsibilities of corporations. First, the dichotomy approach is based on a classic dichotomous view, emphasizing the essential differences between public human rights duties and private actors’ responsibilities. Second, the blurring approach challenges this dichotomy by blurring or erasing the boundaries between public and private. The third approach, which is called the mediation approach and is elaborated in this framing paper, responds to the strengths and weaknesses of the dichotomy and the blurring approaches. It, too, challenges the public-private dichotomy, but does so by taking into consideration the mutual constitution of the two categories. At the same time it keeps them distinct rather than blending them together. This approach acknowledges the added value of conceptually, empirically, and normatively distinguishing between public and private, while taking the limitations of a dichotomous view into account. It thus provides new avenues for rethinking corporate responsibilities for human rights within and beyond the public-private divide.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139363708","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 Extractivist Development Model, Socio-Environmental Conflicts, and Indigenous Rights in Latin America","authors":"Pedro Alarcón","doi":"10.1080/18918131.2023.2250635","DOIUrl":"https://doi.org/10.1080/18918131.2023.2250635","url":null,"abstract":"Extractivism is a development model grounded in natural resource extraction (fossil fuels, metals, ores and minerals, and agricultural products) for commodification as raw material in the world market without significant value added. Its endurance in many Global Southern countries is the first factor that makes Marcela Torres Wong’s and Roger Merino’s books so topical. Moreover, the ongoing energy transition away from fossil fuels, sometimes touted as humanity’s big step towards sustainability, is far from severing natural resource extractivism. On the contrary, the current global scenario of ‘green’ capitalism is triggering “reloaded” extractivism understood as boosted fossil fuel extractivism in flat contradiction of the Paris Agreement and enhanced mineral extractivism sparked by the demand for technologies necessary for harnessing renewable energy sources. The traditional position of the Global South in the international division of nature, i.e. the provision of raw material and energy resources for the world economy, and its implications for the domestic social formation has been widely approached in academic literature. Yet, the second and perhaps the most important factor that makes Torres Wong’s and Merino’s work so relevant for scholars, who aim at engaging with the broad field of contemporary area studies from manyfold academic perspectives, is that precisely in Latin America, natural resource extraction often takes place in fragile ecosystems and culturally sensitive territories. Notably, more than half of the world’s conflicts over extractivist activities take place in Latin America. Both books delve into the latter; a common argument is straightforward: the extractivist development path and indigenous peoples rights are closely intertwined. More precisely, socio-environmental conflicts over natural resource extraction in indigenous territories unveil shortcomings and opportunities for the implementation of indigenous rights at the national level, and also reveal indigenous peoples’ different (post-)developmental goals entailed in particular visions of what should be understood as a ‘national project’.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85363334","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":"Conceptualising Energy Justice in the Context of Human Rights Law","authors":"K. Huhta","doi":"10.1080/18918131.2023.2210443","DOIUrl":"https://doi.org/10.1080/18918131.2023.2210443","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74750989","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":"Oppression or Support? Social Policy in the Lives of Persons with Intellectual Disabilities","authors":"Kjersti Skarstad","doi":"10.1080/18918131.2023.2197721","DOIUrl":"https://doi.org/10.1080/18918131.2023.2197721","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80275555","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":"Mandatory Human Rights Due Diligence Laws: Blurring the Lines between State Duty to Protect and Corporate Responsibility to Respect?","authors":"Markus Krajewski","doi":"10.1080/18918131.2023.2195232","DOIUrl":"https://doi.org/10.1080/18918131.2023.2195232","url":null,"abstract":"ABSTRACT This paper assesses mandatory human rights laws for companies in light of the public–private divide in international human rights law. It asks whether and to what extent these laws contribute to the blurring of the private–public divide by reducing or even eliminating the boundaries between the obligations of public and private entities. The paper also assesses whether maintaining the divide is normatively desirable from the perspective of international human rights law. It first explains the public–private divide in international human rights law by recalling its doctrinal basis, reflecting on attempts to create binding obligations for companies in international human rights law, and assessing the United Nations Guiding Principles on Business and Human Rights within this framework. Next, it analyses existing and proposed domestic laws and legal instruments aimed at establishing human rights obligations for companies. It highlights the difference between approaches directly binding companies to human rights and laws requiring human rights due diligence. Based on this, the paper concludes that the public–private divide remains a useful analytical framework for international human rights law even though the boundaries between public and private are increasingly blurred in practice.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79000914","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":"Human Rights Pluralistic Universality: A Bridge Between Global Norms and Cultural Diversity","authors":"Gabriela García Escobar","doi":"10.1080/18918131.2023.2216088","DOIUrl":"https://doi.org/10.1080/18918131.2023.2216088","url":null,"abstract":"ABSTRACT International law in general and human rights norms specifically are experiencing a wave of criticism from various fronts. One aspect of this is seen in the continuous debate on human rights universality and cultural diversity: there is growing discontent around tensions between global standards and local particularities. This article proposes to rediscover the pluralistic universality envisaged by the drafters of the Universal Declaration of Human Rights of 1948 as an interpretative tool that can provide guidance for this dilemma. The declaration’s drafters understood universality as a set of commonly shared values that are essential for the respect of human dignity, but the content of which is open-ended and flexible enough to entertain a variety of notions of human flourishment. The drafters determined which concepts enjoyed universal acceptability and which did not by looking at a horizontal cross-cultural agreement, intercultural dialogue, and accepting reasonable disagreement on controversial subjects. The article proposes that their concept of universality and method for determining global standards could be used to address the tensions between the international and national spheres and enhance the legitimacy of the human rights system.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90417418","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 Convention on the Rights of the Child’s Imprint on Judgments from the European Court of Human Rights: A Negligible Footprint?","authors":"Trond Helland, Ragnhild Hollekim","doi":"10.1080/18918131.2023.2204634","DOIUrl":"https://doi.org/10.1080/18918131.2023.2204634","url":null,"abstract":"ABSTRACT The European Court of Human Rights (ECtHR) is the sole interpreter of all matters on the European Convention on Human Rights (ECHR) and has no obligations toward any other international law and/or jurisprudence. In the realm of children’s rights, the Convention on the Rights of the Child (CRC) is renowned as the most prominent source for all development of children’s rights. Officially, there is no connection between the ECHR/ECtHR and the CRC. Nevertheless, the ECtHR has acknowledged a reciprocal, harmonious relationship between the two conventions. By analysing all judgments from the ECtHR referring to the CRC, using a combination of quantitative and qualitative document analyses, this article aims to examine the CRC’s footing in the ECtHR. Leaning on concepts of legal mobilisation, lawfare, and availability heuristics, we argue that there has been a clear development in how the CRC is used in and by the ECtHR, indicating that the CRC has an increasingly stronger footing within the Court, especially in the past decade. Additionally, we argue that this development has strengthened children’s rights and that the CRC, at least indirectly, has had and still has a vital role in developing children’s rights within the ECtHR.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86528243","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 Islamic Human Rights Deficit: Region, Not Religion, Is the Driver","authors":"W. Cole","doi":"10.1080/18918131.2023.2212997","DOIUrl":"https://doi.org/10.1080/18918131.2023.2212997","url":null,"abstract":"ABSTRACT Scholarly research, journalistic accounts, and popular discourses often portray Islam as detrimental to human rights. Governments in Muslim-majority countries are considered especially prone to violating bodily integrity protections, curtailing civil and political liberties, repressing women and LGBT people, and restricting religious freedoms. Using cross-national time-series data for a majority of the world’s countries, this article demonstrates that Islam per se is not responsible for human rights deficits in any of these domains. Simply being a Muslim-majority country is not associated with increased rights violations. Rather, human rights gaps are confined to Muslim-majority countries in the Middle East and North Africa region and, in some cases, to Arab countries. Additional research to explain these patterns is warranted.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84215243","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":"A Blessing or a Curse? An Analysis of Menstrual Health Promotion in the Workplace from a Human Rights Perspective","authors":"Céline Brassart Olsen","doi":"10.1080/18918131.2023.2190653","DOIUrl":"https://doi.org/10.1080/18918131.2023.2190653","url":null,"abstract":"ABSTRACT More than 1.8 billion people menstruate every month. Yet menstruation is still a taboo, including in the workplace, where the multiple challenges of menstruating workers remain largely unaddressed from exclusion from certain branches to inadequate facilities, inflexible workloads, and period jokes. To address this issue, the Swedish organisation MENSEN has developed Period Works!, a unique ‘menstrual certification' involving employers, employees, and trade unions ‘to create a more period friendly work life'. The initiative reveals menstruators' challenges at work, particularly in terms of their rights to health, privacy, non-discrimination, and collective bargaining. Yet so far the legal literature and policies on the issue are scarce. To fill this gap, inspired by Period Works!, this article conceptualises a comprehensive human rights framework to promote menstrual health at work. It analyses whether states and employers, who mostly ignore menstruators' needs, are in breach of their existing legal obligations to promote menstruating workers' rights. The article also critically examines whether recognising menstruators’ rights at work would truly be a blessing, or if menstrual mainstreaming at work could increase discrimination and be a curse. The article argues that only a carefully crafted comprehensive human rights framework for menstrual health at work can address this paradox.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89060818","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}