Nordic Journal of Human Rights最新文献

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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
Last On the List: The Protection of Sexual and Reproductive Health and Rights in Timor-Leste’s Transitional Justice Process 最后:在东帝汶过渡时期司法进程中保护性健康和生殖健康及权利
IF 0.4
Nordic Journal of Human Rights Pub Date : 2022-07-03 DOI: 10.1080/18918131.2022.2131308
N. P. Vásquez
{"title":"Last On the List: The Protection of Sexual and Reproductive Health and Rights in Timor-Leste’s Transitional Justice Process","authors":"N. P. Vásquez","doi":"10.1080/18918131.2022.2131308","DOIUrl":"https://doi.org/10.1080/18918131.2022.2131308","url":null,"abstract":"ABSTRACT Sexual and reproductive health and rights (SRHR) have been insufficiently addressed in transitional justice literature. Based on findings collected during extensive fieldwork in Timor-Leste, this article contributes to the emerging field by offering insights into how women’s SRHR were taken into account by the trials and the truth commission implemented after the conflict. The article reveals the barriers women encountered in accessing these transitional justice mechanisms, while drawing on examples from other jurisdictions to show the systematic underreporting and the neglect of these rights in a global context. The article contributes to the evaluation and analysis of the impact of transitional justice, but also highlights an area of violence against women that has been neglected in post-conflict environments and the importance of fieldwork in framing human rights discourses.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"1 1","pages":"419 - 440"},"PeriodicalIF":0.4,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89624588","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 Ambivalent Status of Socio-Economic Rights in Human Rights-Based Approaches to Development 社会经济权利在基于人权的发展方法中的矛盾地位
IF 0.4
Nordic Journal of Human Rights Pub Date : 2022-07-03 DOI: 10.1080/18918131.2022.2135817
P. McAuliffe
{"title":"The Ambivalent Status of Socio-Economic Rights in Human Rights-Based Approaches to Development","authors":"P. McAuliffe","doi":"10.1080/18918131.2022.2135817","DOIUrl":"https://doi.org/10.1080/18918131.2022.2135817","url":null,"abstract":"ABSTRACT Most development objectives overlap with socio-economic rights. It might therefore be assumed that human rights-based approaches to development would imply the strict application of socioeconomic rights principles derived from Article 2(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Twenty years of rights-based development reveal a more ambivalent practice. Accountability is understood primarily in democratic terms associated with participation and empowerment, as opposed to legal terms implying a violations-based framework familiar from the doctrinal development of the ICESCR. Rather than stemming from scepticism about socioeconomic rights as rights, this reflects a discrepancy between the normative and operational levels of rights-based development that in turn follows from a reluctance to inscribe clear legal principles relating to all categories of rights into practice. Socioeconomic rights principles find their greatest application in their programmatic role, integrated loosely as standards in donor, multilateral organisation, and NGO development policies. This is indicative of the reality that socio-economic rights are generally employed not as something to be enforced primarily in a court of law, but as morally serious and politically compelling criteria with which to modify the state's traditional development aspirations of moving numbers of undifferentiated individuals beyond a threshold of service provision.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"110 1","pages":"481 - 502"},"PeriodicalIF":0.4,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79020626","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
Non-Governmental Organisations and the United Nations Human Rights System 非政府组织和联合国人权系统
IF 0.4
Nordic Journal of Human Rights Pub Date : 2022-06-14 DOI: 10.1080/18918131.2022.2082671
Therese Boje Mortensen
{"title":"Non-Governmental Organisations and the United Nations Human Rights System","authors":"Therese Boje Mortensen","doi":"10.1080/18918131.2022.2082671","DOIUrl":"https://doi.org/10.1080/18918131.2022.2082671","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"92 1","pages":"584 - 587"},"PeriodicalIF":0.4,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75353791","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
Accessing Late-Term Abortion Following Sexual Assault: Looking Inside the Danish Legal Black Box 在性侵犯后获得晚期堕胎:透视丹麦法律黑箱
IF 0.4
Nordic Journal of Human Rights Pub Date : 2022-04-03 DOI: 10.1080/18918131.2022.2094131
Annika Frida Petersen
{"title":"Accessing Late-Term Abortion Following Sexual Assault: Looking Inside the Danish Legal Black Box","authors":"Annika Frida Petersen","doi":"10.1080/18918131.2022.2094131","DOIUrl":"https://doi.org/10.1080/18918131.2022.2094131","url":null,"abstract":"ABSTRACT This article takes a critical look at potential human rights violations around access to late-term abortion following sexual assault in Danish law. Based on access to decisions from the country’s regional abortion councils combined with interviews with members of the abortion councils, the article sheds light on how national legislation and decision-making practices can lead to additional violations of the integrity of applicants who have survived sexual violence. A systematic failure to apply human rights consideration in the councils’ practices is revealed, and suggestions for changes that would bring Danish law and decision-making practices in line with the human rights framework are proposed.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"10 1","pages":"389 - 406"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83706331","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
Why do the Levels of Sexual Violence Vary Across Genocides? A Comparison of the Bengali and Kurdish Genocides 为什么不同种族间的性暴力程度不同?孟加拉人和库尔德人种族灭绝的比较
IF 0.4
Nordic Journal of Human Rights Pub Date : 2022-04-03 DOI: 10.1080/18918131.2021.1964788
Andrea Silkoset, Margot Igland Skarpeteig
{"title":"Why do the Levels of Sexual Violence Vary Across Genocides? A Comparison of the Bengali and Kurdish Genocides","authors":"Andrea Silkoset, Margot Igland Skarpeteig","doi":"10.1080/18918131.2021.1964788","DOIUrl":"https://doi.org/10.1080/18918131.2021.1964788","url":null,"abstract":"ABSTRACT What causes variation in the prevalence of sexual violence across genocides? We examine the conditions under which sexual violence may be used as a strategy of genocide, and the power dynamics in institutions at the state- and group-level. In order to explore the dynamics of sexual violence in genocidal campaigns we conduct a comparative study with two cases: the Bengali genocide of 1971, in which there were high levels of sexual violence, and the Kurdish genocide of 1987–1989, in which the levels of sexual violence were low. Our findings may shed light on the behaviour of armed groups and the dynamics of genocidal violence. We find that micro-dynamics and individual behaviour better explain repertoires of genocidal violence than purely structural approaches. In the two cases, there seems to be a causal link between group leaders’ control and the prevalence of sexual violence. The attitude and behaviour of leaders – particularly military leaders – could immensely affect armed group’s repertoire of violence. If they choose to do so, commanders are capable of building institutions to prevent rape.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"71 1","pages":"365 - 388"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84929015","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
How are the Paris Principles on NHRIs Interpreted? Towards a Clear, Transparent, and Consistent Interpretative Framework 国家人权机构《巴黎原则》如何解读?建立一个清晰、透明和一致的解释框架
IF 0.4
Nordic Journal of Human Rights Pub Date : 2022-04-03 DOI: 10.1080/18918131.2022.2040863
Hinako Takata
{"title":"How are the Paris Principles on NHRIs Interpreted? Towards a Clear, Transparent, and Consistent Interpretative Framework","authors":"Hinako Takata","doi":"10.1080/18918131.2022.2040863","DOIUrl":"https://doi.org/10.1080/18918131.2022.2040863","url":null,"abstract":"ABSTRACT Although they fall outside of the traditional sources of international law, the Principles relating to the Status of National Institutions (Paris Principles) have enjoyed an authoritative value in international human rights law. International human rights bodies have increasingly permitted Paris Principles-compliant national human rights institutions (NHRIs) to participate in their activities not as part of the state but in the institutions’ own capacity, and have required states to establish NHRIs or strengthen existing NHRIs in accordance with the Paris Principles. How, then, are the Paris Principles interpreted? This study critically analyses the three principles governing the interpretation of the Paris Principles – the dynamic interpretation principle, the normative gradation principle, and the overall evaluation principle – through a comprehensive examination of the practice of the Global Alliance of National Human Rights Institutions (GANHRI), and makes recommendations for their improvement and consolidation.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"208 1","pages":"285 - 305"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77555616","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
Postgenocide: Interdisciplinary Reflections on the Effects of Genocide 种族灭绝后:对种族灭绝影响的跨学科反思
IF 0.4
Nordic Journal of Human Rights Pub Date : 2022-04-03 DOI: 10.1080/18918131.2022.2033518
A. Giordano
{"title":"Postgenocide: Interdisciplinary Reflections on the Effects of Genocide","authors":"A. Giordano","doi":"10.1080/18918131.2022.2033518","DOIUrl":"https://doi.org/10.1080/18918131.2022.2033518","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"23 1","pages":"407 - 409"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84676253","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
A Right to Adequate Shelter for Asylum Seekers in the European Union 寻求庇护者在欧洲联盟获得适当住所的权利
IF 0.4
Nordic Journal of Human Rights Pub Date : 2022-04-03 DOI: 10.1080/18918131.2022.2085007
I. Westendorp
{"title":"A Right to Adequate Shelter for Asylum Seekers in the European Union","authors":"I. Westendorp","doi":"10.1080/18918131.2022.2085007","DOIUrl":"https://doi.org/10.1080/18918131.2022.2085007","url":null,"abstract":"ABSTRACT Asylum seekers who enter the European Union (EU) need temporary housing while awaiting the outcome of their asylum application procedures. It is unclear, however, which conditions must be fulfilled to achieve the goal defined by the EU that asylum seekers enjoy an ‘adequate standard of living’, including housing. Because this goal is only described in general terms, there are large differences in asylum seekers’ accommodation in and among EU member states. This article argues that multiple purposes would be served if the EU would adopt a right to adequate shelter for asylum seekers as a common accommodation standard with well described material conditions. In order to determine whether there would be a legal basis for a right to adequate shelter, and which conditions should be met, the article presents relevant sources of human right law and EU law. It also consults scholarly articles, NGO reports, blogs, and newspapers. An examination of the actual reception circumstances shows that several problems need to be addressed. Based on this analysis, I argue that the conditions for adequate shelter encompass safety, dignity, adequate structure, appropriate space and facilities, and temporariness.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"1 1","pages":"328 - 345"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78049240","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
A Tug of War: Pursuing Justice Amid Armed Conflict 一场拔河:在武装冲突中追求正义
IF 0.4
Nordic Journal of Human Rights Pub Date : 2022-04-03 DOI: 10.1080/18918131.2022.2097787
Bård Drange
{"title":"A Tug of War: Pursuing Justice Amid Armed Conflict","authors":"Bård Drange","doi":"10.1080/18918131.2022.2097787","DOIUrl":"https://doi.org/10.1080/18918131.2022.2097787","url":null,"abstract":"ABSTRACT Despite its prevalence in armed conflicts globally, the pursuit of justice and human rights during armed conflict has received relatively little attention compared with efforts taken post-conflict. In this article, I discuss the trajectory of state-led measures to tackle human rights abuses while violence is ongoing, with a focus on the interplay between actors seeking to expose and those seeking to conceal human rights abuses. This expose–conceal framework is used to study the search for justice for abuses committed by paramilitary groups in Colombia in the 2000s. I argue that various domestic and international human rights advocates and civil society organisations clashed with the Colombian Government over questions of accountability. Persistent efforts to expose or conceal abuses produced a tug-of-war dynamic, where the two sides pulled the political debate and judicial frameworks in their preferred direction. This article contributes a conflict studies perspective on the establishment of national-level institutions to advance human rights in a context of high impunity and amid armed conflict. Going forward, I argue that more attention to the during-conflict period can enhance our understanding of how the pursuit of justice plays out after conflict.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"14 1","pages":"346 - 364"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77864901","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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