Netherlands Quarterly of Human Rights最新文献_第10页

Recent publications in international human rights law 国际人权法的最新出版物

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-07-15 DOI: 10.1177/0924051920943847

引用次数: 0

Making the best interests of the child a substantive human right at the centre of national level expulsion decisions 将儿童的最大利益作为国家一级驱逐决定的核心实质性人权

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-07-14 DOI: 10.1177/0924051920940167

J. Collinson

引用次数: 1

Human rights referendum: Dissonance between ‘the will of the people’ and fundamental rights? 人权公投:“人民意志”与基本权利之间的不协调?

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-06-01 DOI: 10.1177/0924051920923614

Ignatius Yordan Nugraha

引用次数: 0

A new Convention on the human right to development: Putting the cart before the horse? 一项关于发展人权的新公约:本末倒置?

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-06-01 DOI: 10.1177/0924051920924547

N. Schrijver

{"title":"A new Convention on the human right to development: Putting the cart before the horse?","authors":"N. Schrijver","doi":"10.1177/0924051920924547","DOIUrl":"https://doi.org/10.1177/0924051920924547","url":null,"abstract":"In this column I discuss the background, evolution, legal status and functions of the human right to development, with special reference to the proposed draft Convention on this subject, published by the Human Rights Council in January 2020. It notes the widely diverse views on the added value of the right to development. In my view, taking the discussion on the formulation, consolidation and implementation of the right to development seriously, is important to create a balance in the international human rights discourse by showing a genuine interest in matters raised for long by developing countries. This could serve the cause of the universality, indivisibility and interdependence of the global human rights architecture. However, it is questionable whether the adoption of a new Convention on the Right to Development would serve the cause of the right to development. The right to development is already well rooted in the existing core human rights treaties and has the potential to play a key role as a cluster right, an integrative right and a bridging right. Therefore, I suggest some alternative avenues for realising and operationalising the right to development.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"78 1","pages":"84 - 93"},"PeriodicalIF":1.6,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83645317","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 3

Facing financialization in the housing sector: A human right to adequate housing for all 住房部门面临金融化:人人享有适足住房的人权

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-06-01 DOI: 10.1177/0924051920923855

Ingrid Leijten, Kaisa de Bel

{"title":"Facing financialization in the housing sector: A human right to adequate housing for all","authors":"Ingrid Leijten, Kaisa de Bel","doi":"10.1177/0924051920923855","DOIUrl":"https://doi.org/10.1177/0924051920923855","url":null,"abstract":"Housing is increasingly seen as a vehicle for wealth accumulation rather than a social good. ‘Financialization’ of housing refers to the expanding and dominant role of financial markets and corporations in the field of housing, leading to unaffordable and insufficient housing and discrimination. Although clearly linked to the right to adequate housing, financialization and its effects are not often viewed from a human rights perspective. This article fleshes out this important link by illuminating the standards set in relation to the right to adequate housing enshrined in Article 11(1) ICESCR. It is shown that recently, human rights bodies have confronted the issue of financialization more directly, translating general requirements to this particular issue. Moreover, efforts at UN level are mirrored in initiatives at the local level, signalling the beginning of a shift towards a paradigm that complies with human rights. The financialization of housing and the response of human rights also allow for addressing a more general issue, namely the potential of majority protection in times of human rights backlash. In this regard, it is worth emphasising that human rights such as the right to adequate housing protect not only the extreme poor. In the context of financialization, this may contribute to better housing conditions as well as reconnect people to their human rights.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"63 1","pages":"114 - 94"},"PeriodicalIF":1.6,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90121797","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 17

NQHR June 2020 2020年6月

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-06-01 DOI: 10.1177/0924051920925649

A. Buyse

引用次数: 0

The new doctrine on misuse of power under Article 18 ECHR: Is it about the system of contre-pouvoirs within the State after all? 《欧洲人权公约》第18条下关于滥用权力的新原则:它到底是关于国家内部的控制权制度吗?

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-06-01 DOI: 10.1177/0924051920923606

Aikaterini Tsampi

引用次数: 2

Recent publications in international human rights law 国际人权法的最新出版物

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-05-04 DOI: 10.1177/0924051920924591

引用次数: 0

WITHDRAWAL – Administrative Duplicate Publication: ‘Women and peace’: A human rights strategy for the women, peace and security agenda 撤回-行政副本出版物:“妇女与和平”:妇女、和平与安全议程的人权战略

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-03-01 DOI: 10.1177/0924051920906681

引用次数: 1

A typology of local governments’ engagement with human rights: Legal pluralist contributions to international law and human rights 地方政府参与人权的类型学:法律多元化对国际法和人权的贡献

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-03-01 DOI: 10.1177/0924051920903241

E. Durmuş

{"title":"A typology of local governments’ engagement with human rights: Legal pluralist contributions to international law and human rights","authors":"E. Durmuş","doi":"10.1177/0924051920903241","DOIUrl":"https://doi.org/10.1177/0924051920903241","url":null,"abstract":"Local governments around the world have been engaging with international law and policy at an exponential intensity, with prominent engagement in climate change, migration and more recently human rights. This engagement cannot be adequately understood within the terms and framework of positive international law alone. This contribution aims to map and create a grounded typology of local government engagement with human rights, encompassing both activities within their localities and outside - at national, international or transnational scales. The article introduces local governments’ engagement in the Formation of Human Rights, Implementation of Human Rights, Defence of Human Rights, Coordination of Human Rights, Dissemination of Human Rights and the Contestation of Human Rights as empirical ideal types that have emerged from data through grounded theory. Analysing this engagement from the perspectives of both positive international law as well as legal pluralism, with specific focus on the New Haven School of Law, the article argues that local governments are now at the core of a newly formed norm-generating community. Local governments engage with local and international actors and processes both within the rules of inclusion of contemporary international law-making - seeking to expand these norms to include local governments themselves - but they also contest and challenge the very rules of the game in the first place, and resort to creating “human rights in the city” as a body of norms parallel to international human rights law. Whether we accept a pluralist understanding of international law to include local governments and their human rights engagement, or whether we consider these developments to be outside international law, forming a parallel normative order in the legal pluralist sense, local government engagement with human rights has already succeeded in reaching and influencing many established international actors and has already infiltrated recent instruments of positive international law.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"05 1","pages":"30 - 54"},"PeriodicalIF":1.6,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86018890","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 15