Nordic Journal of Human Rights最新文献_第7页

The Right to Enjoy Cultural Heritage and Australian Indigenous Cultural Heritage Legislation 享受文化遗产的权利和澳大利亚土著文化遗产立法

IF 0.4

Nordic Journal of Human Rights Pub Date : 2023-01-02 DOI: 10.1080/18918131.2022.2150410

M. Storey

{"title":"The Right to Enjoy Cultural Heritage and Australian Indigenous Cultural Heritage Legislation","authors":"M. Storey","doi":"10.1080/18918131.2022.2150410","DOIUrl":"https://doi.org/10.1080/18918131.2022.2150410","url":null,"abstract":"ABSTRACT Commencing by noting the international condemnation of the destruction of the 46,000-year-old Juukan Gorge by a mining company in Western Australia in 2020, this paper examines the extent to which current Australian Indigenous cultural heritage legislation reflects contemporary international expectations regarding Indigenous peoples’ right to enjoy cultural heritage. The examination takes place in two parts. The first examines the theoretical basis underpinning collective rights to cultural heritage in the context of Indigenous peoples’ right to enjoy it. The second examines national Indigenous cultural heritage legislation in Australia and several examples of sub-national legislation: the states of Western Australia, Victoria, and the Northern Territory. This analysis focuses on those aspects of the legislation relevant to land-based Indigenous cultural heritage and project approvals. The paper concludes by suggesting that its examination reveals an urgent need for thorough reform of Australian Indigenous Cultural Heritage legislation to align it with contemporary international expectations and the steps currently underway in Australia to achieve this goal.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2023-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81712021","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 K'iche’ Maya Written Tradition and the Cultural Heritage of Totonicapán, Guatemala K'iche '玛雅文字传统和危地马拉Totonicapán的文化遗产

IF 0.4

Nordic Journal of Human Rights Pub Date : 2023-01-02 DOI: 10.1080/18918131.2023.2184545

Carlos Fredy Ochoa García

引用次数: 0

Cultural Heritage and Mass Atrocities 文化遗产与大规模暴行

IF 0.4

Nordic Journal of Human Rights Pub Date : 2023-01-02 DOI: 10.1080/18918131.2023.2204611

Marc RH Kosciejew

引用次数: 1

Heritage Communities and Human Rights: A Case Study from Catoctin Furnace, Maryland 遗产社区与人权:马里兰州卡托克廷熔炉的个案研究

IF 0.4

Nordic Journal of Human Rights Pub Date : 2022-12-11 DOI: 10.1080/18918131.2022.2151736

E. Comer, Margaret Comer

{"title":"Heritage Communities and Human Rights: A Case Study from Catoctin Furnace, Maryland","authors":"E. Comer, Margaret Comer","doi":"10.1080/18918131.2022.2151736","DOIUrl":"https://doi.org/10.1080/18918131.2022.2151736","url":null,"abstract":"ABSTRACT The village of Catoctin Furnace, located in rural Maryland, in the United States, houses an early iron furnace site. Operational by 1776, its workforce in the early years was almost entirely enslaved African and African American people. A local non-profit, the Catoctin Furnace Historical Society, Inc. (CFHS), on the board of which one of the authors serves, has made the search for a descendant community of these enslaved and freed Black workers a principal focus, while also preserving the heritage of European labourers and trying to foster economic and cultural activity in the village. So far, no living, direct descendant of a person who was enslaved at Catoctin Furnace has been identified, meaning the site can be considered ‘orphan heritage’. Looking at the site through the lenses of orphan heritage and ‘fictive kinship’ provides an alternative analytical framework which may be usefully applied at other sites. This case study helps us understand the notion of ‘rights-based approaches’ and how site managers can handle the sometimes clashing needs and desires of different groups while balancing their respective rights to heritage and to other human rights, as well as the use of artistic modes of interpretation in democratising access to the past.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":0.4,"publicationDate":"2022-12-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86891717","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

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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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":null,"pages":null},"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