Nordic Journal of Human Rights最新文献_第6页

Unpacking Heritage and Human Rights in Peru: A View from Archaeological World Heritage Management 秘鲁的遗产与人权:从考古世界遗产管理的视角

IF 0.4

Nordic Journal of Human Rights Pub Date : 2022-10-31 DOI: 10.1080/18918131.2022.2132773

Claudia Uribe Chinen

{"title":"Unpacking Heritage and Human Rights in Peru: A View from Archaeological World Heritage Management","authors":"Claudia Uribe Chinen","doi":"10.1080/18918131.2022.2132773","DOIUrl":"https://doi.org/10.1080/18918131.2022.2132773","url":null,"abstract":"ABSTRACT This paper critically appraises the context of archaeological UNESCO World Heritage management in Peru and proposes human-rights-based approaches as a lens that can problematise heritage practice and suggest an alternative framework to the status quo. Human-rights-based approaches are considered as means to foster more equitable practices within UN policies. Through an analysis of the Peruvian heritage regime, this study shows how conventional state-based management prioritising monument conservation has produced landscapes of exclusion, but also uneasy tensions between the rights of different actors. Furthermore, it shows that the overprotection of pre-colonial remains, historically at the centre of heritage policies, have delayed the exploration of measures to address the rights of present-day communities living in and around archaeological sites. I will illustrate this through an examination of two World Heritage cases – the Chan Chan Archaeological Complex and the Qhapaq Ñan Andean Road System – which represent two contexts and approaches to heritage management. I argue that the application of human-rights-based approaches in a context like Peru may go beyond debates on cultural or heritage rights and serve as a tool for attending to communities that are often marginalised.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"8 1","pages":"105 - 122"},"PeriodicalIF":0.4,"publicationDate":"2022-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73898946","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

The Making of International Human Rights: The 1960s, Decolonization, and the Reconstruction of Global Values 国际人权的形成:20世纪60年代，非殖民化和全球价值观的重建

IF 0.4

Nordic Journal of Human Rights Pub Date : 2022-10-02 DOI: 10.1080/18918131.2023.2176600

A. Rinaldi

引用次数: 1

Litigating Climate Change before the Committee on the Rights of the Child in Sacchi v Argentina et al.: Breaking New Ground? 在萨基诉阿根廷等人案中向儿童权利委员会提起气候变化诉讼:开创新局面?

IF 0.4

Nordic Journal of Human Rights Pub Date : 2022-10-02 DOI: 10.1080/18918131.2022.2160093

Yusra Suedi

{"title":"Litigating Climate Change before the Committee on the Rights of the Child in Sacchi v Argentina et al.: Breaking New Ground?","authors":"Yusra Suedi","doi":"10.1080/18918131.2022.2160093","DOIUrl":"https://doi.org/10.1080/18918131.2022.2160093","url":null,"abstract":"ABSTRACT In September 2019, 16 children petitioned against Argentina, Brazil, France, Germany and Turkey before the United Nations Committee on the Rights of the Child (UNCRC) in what has come to be known as the Sacchi case. The children requested that the UNCRC find that those States had caused and perpetuated climate change by knowingly disregarding scientific evidence, and that, in so doing, they had violated the children's human rights. In October 2021, the UNCRC dismissed the petition upon the grounds that it was inadmissible, as the petitioners had failed to exhaust domestic remedies. The Sacchi case gave rise to new challenges with regards to the admissibility of the decision: beyond the exhaustion of domestic remedies, the UNCRC had to grapple with the issue of victimhood in the context of climate change and extraterritorial climate obligations conferred to States in the Convention on the Rights of the Child. The Office of the High Commissioner for Human Rights declared the Sacchi decision a 'historic ruling'. But did the UNCRC's conclusions in Sacchi truly break new ground? This article explores that question by examining the three admissibility criteria in turn: extraterritorial jurisdiction, victimhood, and the exhaustion of domestic remedies.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"28 1","pages":"549 - 567"},"PeriodicalIF":0.4,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"76051124","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

Successful Human Rights Implementation? Victims of Crime and the Swedish Example 成功落实人权?犯罪的受害者和瑞典的例子

IF 0.4

Nordic Journal of Human Rights Pub Date : 2022-10-02 DOI: 10.1080/18918131.2022.2147319

Fanny Holm

引用次数: 0

The Universal Periodic Review: A Catalyst for Domestic Mobilisation 普遍定期审议:国内动员的催化剂

IF 0.4

Nordic Journal of Human Rights Pub Date : 2022-10-02 DOI: 10.1080/18918131.2022.2139076

Michael Lane

{"title":"The Universal Periodic Review: A Catalyst for Domestic Mobilisation","authors":"Michael Lane","doi":"10.1080/18918131.2022.2139076","DOIUrl":"https://doi.org/10.1080/18918131.2022.2139076","url":null,"abstract":"ABSTRACT At its introduction in 2006, scholars were sceptical of the United Nations (UN) Universal Periodic Review (UPR), doubting whether its cooperative, ‘soft law’ approach would be able to affect positive changes to states’ human rights practices. Yet research on its three cycles to date is replete with evidence of the mechanism’s impact. What accounts for this? The theory of acculturation, which highlights states’ socialisation, is the most salient explanation posed in UPR scholarship. This article argues that while acculturation is an otherwise compelling account, it fails to recognise the vital role domestic actors play in affecting state compliance and, particularly, the success of the UPR. The domestic mobilisation theory, which emphasises the influence of national politics and players on compliance, is forwarded as an alternative lens through which to grasp the UPR’s impact. A review of existing research on the UPR reveals the mechanism to be a catalyst for mobilisation, providing leverage and an opportunity for dialogue between domestic actors and governments. Appreciating the UPR’s value in this way has implications for scholars and practitioners engaging it.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"49 1","pages":"507 - 528"},"PeriodicalIF":0.4,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81524625","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 Adverse Effect of Immigration Laws on a Migrant Child’s Right to Family Life: A Reminder of the South African Nandutu Case 移民法对移民儿童家庭生活权利的不利影响:对南非南都图案的反思

IF 0.4

Nordic Journal of Human Rights Pub Date : 2022-10-02 DOI: 10.1080/18918131.2023.2176601

Elvis Fokala

{"title":"The Adverse Effect of Immigration Laws on a Migrant Child’s Right to Family Life: A Reminder of the South African Nandutu Case","authors":"Elvis Fokala","doi":"10.1080/18918131.2023.2176601","DOIUrl":"https://doi.org/10.1080/18918131.2023.2176601","url":null,"abstract":"ABSTRACT A child’s right to grow up with its parents is presented in articles 9 and 25 of the United Nations Convention on the Rights of the Child and the African Charter on the Rights and Welfare of a Child, respectively. South Africa has ratified both treaties, and thus has a duty under international children’s law to protect children’s rights in domestic South African law. At the national level, section 28 of the Constitution of the Republic of South Africa, 1996, contains a variety of rights of children. Particularly, section 28(1)(b), akin to international children’s law, protects a child’s right to family or parental care. Using a child-rights-based approach, guided by the rationality of the principle of best interests of the child and a child’s right to life, this article seeks to appraise the 2019 judgment of the South African Constitutional Court in Nandutu v the Minister of Home Affairs, in which the Court declared reg 9(9)(a) of South Africa’s Immigration Regulation of 2014 inconsistent with the Constitution. In analysing this decision, legislation, and case law, this article further aims to highlight the significance of Nandutu, through the lens of a migrant child’s right to family life.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"12 1","pages":"568 - 583"},"PeriodicalIF":0.4,"publicationDate":"2022-10-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74581069","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 Lightness of Human Rights in World Heritage: A Critical View of Rights-Based Approaches, Vernaculars, and Action Opportunities 世界遗产中人权的轻量化:基于权利的方法、语言和行动机会的批判观点

IF 0.4

Nordic Journal of Human Rights Pub Date : 2022-09-06 DOI: 10.1080/18918131.2022.2114631

Peter Bille Larsen

{"title":"The Lightness of Human Rights in World Heritage: A Critical View of Rights-Based Approaches, Vernaculars, and Action Opportunities","authors":"Peter Bille Larsen","doi":"10.1080/18918131.2022.2114631","DOIUrl":"https://doi.org/10.1080/18918131.2022.2114631","url":null,"abstract":"ABSTRACT Why are the global rights commitments made by States Parties to the World Heritage Convention failing to trigger effective responses to critical human rights infringements? This paper responds to a continuous call from heritage practitioners to help clarify the meaning and significance of human rights-based approaches (RBA) that are adopted as policy imperatives, yet simultaneously undermined in practice. The first part of the paper reviews the vernacularization of human rights discourse and objectives at UNESCO and in the World Heritage policy field. It is argued that while clear formal commitments to human rights exist in the language, much ambiguity and several dilemmas remain in the framing of connections between heritage and human rights. The second part offers a critical discussion of the institutional traps, dilemmas and unresolved questions involved in adopting RBA in heritage work. A set of key questions follow about the why, what, for whom, and when, as well as how and under what conditions, human rights matter in heritage processes. While structural constraints appear daunting, accepting that heritage processes are powerful leads to real choices about whether to cement inequalities and state or corporate power hegemonies, or, conversely, to contribute towards building more equitable relationships.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"1 1","pages":"70 - 86"},"PeriodicalIF":0.4,"publicationDate":"2022-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89679684","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 Inter American Court of Human Rights: The Legitimacy of International Courts and Tribunals 美洲人权法院:国际法院和法庭的合法性

IF 0.4

Nordic Journal of Human Rights Pub Date : 2022-07-03 DOI: 10.1080/18918131.2022.2138988

Juan-Pablo Perez-Leon-Acevedo

引用次数: 0

Speaking the Unspeakable: Disclosures of Sexual and Gender-based Violence in Asylum Credibility Assessments 说出无法言说的:庇护可信性评估中的性暴力和基于性别的暴力的披露

IF 0.4

Nordic Journal of Human Rights Pub Date : 2022-07-03 DOI: 10.1080/18918131.2022.2151222

Charlotte Ludt, Margunn Bjørnholt, Birgitta Niklasson

引用次数: 0

Indigenous Peoples on the Move: Intersectional Invisibility and the Quest for Pluriversal Human Rights for Indigenous Migrants from Venezuela in Brazil 迁徙中的土著人民:来自巴西的委内瑞拉土著移民的交叉性隐形和对多元人权的追求

IF 0.4

Nordic Journal of Human Rights Pub Date : 2022-07-03 DOI: 10.1080/18918131.2022.2139491

Gabriela Mezzanotti, Alyssa Marie Kvalvaag

{"title":"Indigenous Peoples on the Move: Intersectional Invisibility and the Quest for Pluriversal Human Rights for Indigenous Migrants from Venezuela in Brazil","authors":"Gabriela Mezzanotti, Alyssa Marie Kvalvaag","doi":"10.1080/18918131.2022.2139491","DOIUrl":"https://doi.org/10.1080/18918131.2022.2139491","url":null,"abstract":"ABSTRACT Indigenous migrants are often treated without regard for their status as Indigenous Peoples, as if their migrant status would hierarchically supersede their Indigenous one. The flow of Indigenous migrants from Venezuela to neighboring countries has largely increased over the years. Currently, there are several Indigenous Peoples from Venezuela in Brazil. This evaluative interdisciplinary research addresses the relations between Indigenous and migration human rights protection with consideration for decolonial perspectives. It questions how living coloniality impacts Indigenous migrants' rights, leading to their intersectional invisibility, and how decolonial views on human rights may help overcoming these challenges. It claims that a decolonial perspective on human rights rooted in the pluriverse may situate human rights as emancipatory scripts when led by Indigenous cosmologies. Ultimately, this article aims to contribute to critical understandings on the intersectional oppression faced by Indigenous migrants and, by calling for a shift towards pluriversal approaches to their human rights, illustrate possible paths to the realization of Indigenous migrants' rights and the need to decolonize their lived realities. This may inform potential directions for decolonizing the human rights agenda as well as the law and practice of human rights in the case of Indigenous migrants in Latin America.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"16 1","pages":"461 - 480"},"PeriodicalIF":0.4,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88709702","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