Netherlands Quarterly of Human Rights最新文献_第9页

Sim Peter Baehr Lecture: Ensuring human rights for all in the digital age Sim Peter Baehr讲座:确保数字时代所有人的人权

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-12-01 DOI: 10.1177/0924051920971956

Nani Jansen Reventlow

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引用次数: 0

The notion of ‘a person of unsound mind’ under Article 5 § 1(e) of the European Convention on Human Rights 《欧洲人权公约》第5条第1款(e)项规定的“精神不健全的人”的概念

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-11-05 DOI: 10.1177/0924051920968480

M. Szwed

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引用次数: 1

Imperatives of the Present: Black Lives Matter and the politics of memory and memorialization 《当下的当务之急:黑人的命也很重要》和《记忆与纪念的政治》

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-10-30 DOI: 10.1177/0924051920967541

B. M. Leyh

引用次数: 7

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 : 2020-10-27 DOI: 10.1177/0924051920967214

引用次数: 0

The ‘reasonable suspicion’ test of Turkey’s post-coup emergency rule under the European Convention on Human Rights 根据《欧洲人权公约》对土耳其政变后紧急状态规定的“合理怀疑”检验

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-10-22 DOI: 10.1177/0924051920967182

Emre Turkut, Sabina Garahan

{"title":"The ‘reasonable suspicion’ test of Turkey’s post-coup emergency rule under the European Convention on Human Rights","authors":"Emre Turkut, Sabina Garahan","doi":"10.1177/0924051920967182","DOIUrl":"https://doi.org/10.1177/0924051920967182","url":null,"abstract":"Since the 15 July 2016 failed coup, Turkey has seen the mass arrests and detention of hundreds of thousands of individuals; among them are judges and prosecutors, military personnel, police officers, journalists, lawyers, human rights defenders and opposition politicians who have been deprived of their liberty on an array of terrorism-related charges. While this has raised numerous human rights issues, this article focuses on those relating to pre-trial restrictions imposed on the right to liberty and security of individuals during the post-coup state of emergency. Building on the theory and use of the reasonableness concept in the field of pre-trial detention through a particular focus on the ‘reasonable suspicion’ test under Article 5 § 1 (c) of the European Convention on Human Rights (ECHR or the Convention), the article analyses the role of the European Court of Human Rights (the Court or the ECtHR) in enforcing the guarantees of the right to liberty in the Turkish post-coup cases of Mehmet Hasan Altan, Şahin Alpay, Alparslan Altan and Kavala. Against the background of pre-existing Convention standards on pre-trial reasonable suspicion in states of emergency, it finds that the ECtHR has adopted a stronger supervisory stance regarding the compatibility of Turkish post-coup detention practices than the more hesitant approach shown in the prior derogation context of Northern Ireland. While these decisions give some cause for optimism in the hope for a judicial boldness on the part of the ECtHR in condemning Turkey’s arbitrary detention practices during the state of emergency, the article argues that there is further scope for the Court to strengthen its protection in this respect. Notably, despite the positive aspects in the Court’s approach, by continuing to support the notion that the Turkish legal landscape is capable of addressing Article 5 violations and not tackling the underlying structural issues so clearly at play, the Court leaves a glaring gap in rights protection for those seeking justice.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"13 1","pages":"264 - 282"},"PeriodicalIF":1.6,"publicationDate":"2020-10-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82356678","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: 0

“Verticalised” cases before the European Court of Human Rights unravelled: An analysis of their characteristics and the Court’s approach to them 欧洲人权法院审理的“垂直化”案件:对其特征和法院处理方法的分析

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-10-19 DOI: 10.1177/0924051920965753

Claire Loven

{"title":"“Verticalised” cases before the European Court of Human Rights unravelled: An analysis of their characteristics and the Court’s approach to them","authors":"Claire Loven","doi":"10.1177/0924051920965753","DOIUrl":"https://doi.org/10.1177/0924051920965753","url":null,"abstract":"Based on Article 34 European Convention on Human Rights, individual applications must be directed against one of the Convention States. Originally ‘horizontal’ cases therefore must be ‘verticalised’ in order to be admissible. This means that a private actor who had first brought a procedure against another private actor before the domestic courts, must complain about State (in)action in his application to the European Court of Human Rights. Recently, some scholars and judges have raised procedural issues that may arise in these cases, but generally, these ‘verticalised’ cases have remained underexplored. To unravel verticalised cases before the ECtHR and to better understand procedural issues that may arise from them, this article provides a deeper understanding of the origins of verticalised cases and the Court’s approach to them. It is explained that verticalised cases before the ECtHR can be very different in nature. These differences are rooted in the different types of horizontal conflicts that may arise on the domestic level, the different relations between private actors they may concern, and the different Convention rights that may be at stake. The wide variety of verticalized cases is also reflected in the Court’s approach to them, as is the second main topic that the present article explores.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"50 1","pages":"246 - 263"},"PeriodicalIF":1.6,"publicationDate":"2020-10-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79009127","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: 2

Erratum to ‘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 : 2020-09-01 DOI: 10.1177/0924051920946263

引用次数: 0

Forensic medical reports in asylum cases: The view of the European Court of Human Rights and the Committee against Torture 庇护案件中的法医报告:欧洲人权法院和禁止酷刑委员会的意见

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-09-01 DOI: 10.1177/0924051920939879

Marcelle Reneman

{"title":"Forensic medical reports in asylum cases: The view of the European Court of Human Rights and the Committee against Torture","authors":"Marcelle Reneman","doi":"10.1177/0924051920939879","DOIUrl":"https://doi.org/10.1177/0924051920939879","url":null,"abstract":"National authorities are often reluctant to arrange for a forensic medical examination or to grant important weight to forensic medical reports in asylum cases. They do not (fully) accept that a forensic medical report may change their initial assessment of the credibility of the applicant’s asylum account. They may argue that a physician cannot establish the context (date, location, perpetrator) in which the alleged ill-treatment has taken place or the cause of a specific scar or medical problem of the applicant. Moreover, they may contend that the physician concerned did not have the expertise to write a forensic medical report. This article examines how the European Court of Human Rights (ECtHR) and the Committee against Torture (CAT) have included forensic medical reports in their assessment of asylum cases and how they have dealt with the ‘context’, ‘causality’ and ‘expertise’ argument. It shows that these bodies do not accept that national authorities refrain from arranging a forensic medical examination or attach no or limited weight to a forensic medical report submitted by the applicant, just because the applicant has made inconsistent, incoherent or vague statements. They also do not accept general references to the ‘context’, ‘causality’ and ‘expertise’ argument. However, they have accepted these arguments in some individual cases, often without clear reasoning. The article concludes that the ECtHR and CAT could provide more guidance to national authorities concerning the role of forensic medical reports in asylum cases by explicitly weighing the seriousness of the credibility issues against the forensic medical report and by paying attention to the requirements for forensic medical reports laid down in the Istanbul Protocol.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"6 1","pages":"206 - 228"},"PeriodicalIF":1.6,"publicationDate":"2020-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90294126","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: 1

Exploring the interplay between freedom of assembly and freedom of expression: The case of Russian solo pickets 探讨集会自由与言论自由之间的相互作用:以俄罗斯独立纠察队为例

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-07-30 DOI: 10.1177/0924051920944747

P. Malkova, O. Kudinova

引用次数: 3

The UN at 75: Human rights and global pandemic 联合国成立75周年:人权与全球流行病

IF 1.6 2区社会学

Netherlands Quarterly of Human Rights Pub Date : 2020-07-20 DOI: 10.1177/0924051920943492

Mark Goodale

引用次数: 1