Journal of Human Rights Practice最新文献

Can Voluntary Business and Human Rights Norms be Effective? Exploring a Multidimensional Perspective of Norm Effectiveness in Africa 自愿商业和人权规范能有效吗？探索非洲规范有效性的多维视角

Journal of Human Rights Practice Pub Date : 2025-01-23 DOI: 10.1093/jhuman/huae033

Nathan Andrews, Raynold W Alorse

引用次数: 0

Knocking on a Locked Door: Assessing Canada’s Response to Attacks Against Human Rights Defenders 敲开一扇锁着的门：评估加拿大对攻击人权维护者的反应

Journal of Human Rights Practice Pub Date : 2024-11-15 DOI: 10.1093/jhuman/huae036

Kirsten Francescone, L. Pauline Rankin

{"title":"Knocking on a Locked Door: Assessing Canada’s Response to Attacks Against Human Rights Defenders","authors":"Kirsten Francescone, L. Pauline Rankin","doi":"10.1093/jhuman/huae036","DOIUrl":"https://doi.org/10.1093/jhuman/huae036","url":null,"abstract":"Abstract For over two decades, Canadian corporations have been the subject of severe allegations of human rights and environmental violations related to the forced imposition of their operations abroad. Despite the growing consensus within the literature and international governance community that Canadian corporations—especially within the extractive sector—are serial perpetrators of grave human rights violations and despite Canada’s international legal obligations, at present there are very little ‘hard law’ mechanisms available to hold corporations to account. Whereas much literature has been dedicated to how Canadian corporations are facilitated by advocacy and lobbying efforts at the level of Canadian embassies in home-state-countries, much less studied is how these same state actors work towards protecting and preventing human rights defenders from harm. In this article we critically analyse the implementation of the Canadian government’s Voices at Risk guidelines (2016) from the perspective of two Canadian human rights advocacy Civil Society Organizations (CSOs) supporting communities in Guatemala, drawing from email and verbal communications as well as Access to Information Requests from 2016 to 2021 regarding the Escobal mine. We assess the usefulness of advocacy at the level of embassies as a way of protecting defenders and demonstrate that, in our experience, calls for support to defenders were ignored. We argue that, within the context of foreign policy which prioritizes trade and investment over all other government policies and wherein corporate violence is met with impunity, current Canadian policies aimed at protecting human rights defenders are essentially useless as an advocacy strategy.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"17 1","pages":"98-120"},"PeriodicalIF":0.0,"publicationDate":"2024-11-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"147917133","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"OA","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 2

Administrative Lawfare at the European Union’s External Borders: Some Perspectives on Administrative Regulation of NGO Search and Rescue Activities in Italy and the Situation at the Polish-Belarusian Border 欧盟外部边界的行政法律战：对意大利非政府组织搜救活动的行政监管以及波兰-白俄罗斯边境局势的一些看法

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Journal of Human Rights Practice Pub Date : 2024-09-17 DOI: 10.1093/jhuman/huae028

Lukasz Dziedzic

{"title":"Administrative Lawfare at the European Union’s External Borders: Some Perspectives on Administrative Regulation of NGO Search and Rescue Activities in Italy and the Situation at the Polish-Belarusian Border","authors":"Lukasz Dziedzic","doi":"10.1093/jhuman/huae028","DOIUrl":"https://doi.org/10.1093/jhuman/huae028","url":null,"abstract":"Violations of the rights of migrants by state actors at the EU’s external borders, including through the use of pushbacks and indiscriminate violence, both on land and sea, have resulted in NGOs, lawyers and citizen activists engaging in forms of humanitarian action and legal mobilization aimed at contesting inhumane state policies. State actors can similarly rely on various legal tools to create a chilling effect and a hostile environment for migrants’ rights activism. Such practices can be considered to constitute a form of lawfare against migrants’ rights activism, an instrumental and hegemonic use of the law in order to weaken support for migrants. The use of criminal law has been a common tool of lawfare at the European Union’s external borders. However, administrative law is increasingly being used to bring activists into compliance with states’ interests, creating compliant environments through the use of regulatory instruments and administrative sanctions. To critically assess the instrumental use of administrative law as a form of lawfare, it makes sense to review their application at the EU’s external borders. A good opportunity for such a review is being provided by looking at the administrative regulation of search and rescue (SAR) operations in the Mediterranean creating a hostile environment for SAR NGOs in the case of Italy, and the instrumental use of administrative regulations to limit access for activists to the Polish-Belarusian border in the case of Poland.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"11 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142249375","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

Specificity in the Inter-American Court of Human Rights 美洲人权法院的特殊性

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Journal of Human Rights Practice Pub Date : 2024-08-30 DOI: 10.1093/jhuman/huae026

Nicolás Buitrago-Rey, Paloma Núñez-Fernández, Aníbal Pérez-Liñán, Angélica Suárez-Torres

引用次数: 0

A Jurisdictional Vertigo: Compulsory Arbitration, Sports and the European Court of Human Rights 管辖迷魂阵：强制仲裁、体育和欧洲人权法院

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Journal of Human Rights Practice Pub Date : 2024-08-29 DOI: 10.1093/jhuman/huae022

Faraz Shahlaei

引用次数: 0

Forced Marriages in Times of Armed Conflict: An Implicit Paradox of Modern Slavery under International Humanitarian Law 武装冲突时期的强迫婚姻：国际人道主义法下现代奴隶制的一个隐含悖论

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Journal of Human Rights Practice Pub Date : 2024-08-29 DOI: 10.1093/jhuman/huae023

Nimra Ali, Zainab Iqbal, Nadia Khadam

{"title":"Forced Marriages in Times of Armed Conflict: An Implicit Paradox of Modern Slavery under International Humanitarian Law","authors":"Nimra Ali, Zainab Iqbal, Nadia Khadam","doi":"10.1093/jhuman/huae023","DOIUrl":"https://doi.org/10.1093/jhuman/huae023","url":null,"abstract":"The idea of the world as a global village has brought about various transnational problems. One of these problems is the transition of forced marriages into the modern form of slavery. Forced marriage continues to be a violation of human rights specifically in the context of modern slavery, usually existing during armed conflicts. Such a violation is linked to modern slavery as it constitutes slavery-like practices, including abuse, sexual assault, rape, domestic violence, and so on. In literature and practice, forced marriages in times of armed conflicts are usually labelled as personal problems requiring personal solutions. Factors such as financial crisis, threats to honour, and family protection lead to forced marriages in conflict zones. Such factors have been overlooked, resulting in the absence of legislation across the globe to prohibit forced marriages during conflicts. Consequently, international laws need to be on the same page in the categorization of forced marriages as modern slavery by considering it a specified form of human rights violation. Inconsistent labelling in this regard has produced ambiguity in resolving the issue through practical mechanisms. Severe violations of human rights continue to occur due to the absence of an explicit prohibition of forced marriage in armed conflicts, as highlighted through multiple case studies in this research. A preventive solution is required to hinder the practice that is feasible through the codification of the prevention mechanisms under International Law (IL) and International Humanitarian Law (IHL).","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"8 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142187581","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 Politics of Ambiguous Loss: Missing Persons and Social Ecologies after Armed Conflict 模糊损失的政治学：武装冲突后的失踪人员与社会生态

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Journal of Human Rights Practice Pub Date : 2024-08-16 DOI: 10.1093/jhuman/huae020

Simon Robins

{"title":"The Politics of Ambiguous Loss: Missing Persons and Social Ecologies after Armed Conflict","authors":"Simon Robins","doi":"10.1093/jhuman/huae020","DOIUrl":"https://doi.org/10.1093/jhuman/huae020","url":null,"abstract":"This article seeks to understand how the concept of ambiguous loss can help explain why and how the issue of missing persons becomes a tool of politics, in terms of being instrumentalized to advance particular political agendas. Ambiguous loss is constructed relationally within the social systems that family members of the missing occupy and, as a result, social and political contexts play a crucial role in both defining ambiguity and in mediating the impacts of ambiguous loss. Because ambiguity is discursively and relationally constructed and meaning made from it subject to existing power relations, it is inherently political. The extreme and chronic trauma of ambiguous loss reshapes individuals’, families’ and, potentially, communities’ perspectives on events in which people have gone missing, making the trauma of ambiguous loss one that lends itself to being framed as a collective trauma with impacts for the entire group. More than this, the impacts of ambiguous loss resonate with what have been called ‘chosen traumas’, used to create group identities in the light of extreme experiences. In particular, the importance in ambiguous loss of meaning making and of the challenge of forgetting resonates with what makes collective traumas effective tools of politics.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"101 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142187582","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

Equality, Diversity and Inclusion within Ireland’s Police Service, An Garda Síochána: Bridging the Gap between Commitments and Reality 爱尔兰国家警察署内的平等、多样性和包容性：弥合承诺与现实之间的差距

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Journal of Human Rights Practice Pub Date : 2024-08-07 DOI: 10.1093/jhuman/huae021

Caroline Sweeney

{"title":"Equality, Diversity and Inclusion within Ireland’s Police Service, An Garda Síochána: Bridging the Gap between Commitments and Reality","authors":"Caroline Sweeney","doi":"10.1093/jhuman/huae021","DOIUrl":"https://doi.org/10.1093/jhuman/huae021","url":null,"abstract":"The Black Lives Matter movement highlighted the importance of equality, diversity and inclusion (EDI) in a policing context. Using the Irish police service, An Garda Síochána, as a case study, this article critically evaluates efforts to promote EDI within a policing organization that has been characterized as resistant to change. It focuses primarily on the implementation of relevant recommendations contained in the landmark 2018 Report of the Commission on the Future of Policing in Ireland. It demonstrates that while building a culture that respects and promotes EDI within any organization is a challenging process, it can be even more difficult in policing organizations due to police sub-culture. It submits that laws, policies and commitments, while necessary, are insufficient of themselves to achieve transformative change. Strong and committed leadership is also required, as well as measures to recruit and retain a diverse workforce at all levels, sufficient resourcing for EDI initiatives, EDI training that accords with international best practice, efforts to improve relationships with marginalized communities, measures to combat hate crime and racial profiling, effective mechanisms for collecting EDI data and evaluating EDI policies, and a robust governance, oversight and accountability framework. While identifying and welcoming measures undertaken to date by An Garda Síochána to convert EDI policy commitments into reality, the article also highlights areas where improvements are necessary. Finally, aligning with several theorists of police sub-culture, the article concludes that any efforts to promote EDI within An Garda Síochána will need to be accompanied by efforts to combat structural inequality in wider society.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"28 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141939389","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

Mapping the Cross-Border Influence of Regional and International Reproductive Rights Cases 绘制地区和国际生殖权利案例的跨境影响图

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Journal of Human Rights Practice Pub Date : 2024-08-07 DOI: 10.1093/jhuman/huae018

Katherine Mayall, Christina Zampas, Rosario Grimà Algora

引用次数: 0

Challenging Consent—Applicant Versus Amicus Curiae Interventions in Sexual Violence Cases in South Africa 质疑南非性暴力案件中的同意-申请人干预与法庭之友干预

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Journal of Human Rights Practice Pub Date : 2024-07-27 DOI: 10.1093/jhuman/huae013

Sheena Swemmer

引用次数: 0