Journal of Human Rights Practice最新文献_第10页

Introduction to the legal mobilization special focus 法律动员专题介绍

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Journal of Human Rights Practice Pub Date : 2023-03-01 DOI: 10.1093/jhuman/huac068

Jeff Handmaker

引用次数: 0

Exploring Corruption as a Violation of Human Rights in the Practices of International Human Rights Institutions 在国际人权机构的实践中探讨腐败对人权的侵犯

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Journal of Human Rights Practice Pub Date : 2023-03-01 DOI: 10.1093/jhuman/huac048

R. Juwita

引用次数: 1

O Lungo Drom: Legal Mobilization as Counterpower O Lungo Drom：作为对抗力量的法律动员

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Journal of Human Rights Practice Pub Date : 2023-02-23 DOI: 10.1093/jhuman/huac053

Jeff Handmaker, S. Taekema

{"title":"O Lungo Drom: Legal Mobilization as Counterpower","authors":"Jeff Handmaker, S. Taekema","doi":"10.1093/jhuman/huac053","DOIUrl":"https://doi.org/10.1093/jhuman/huac053","url":null,"abstract":"\u0000 Legal mobilization is a contested topic. There is little consensus among scholars regarding what legal mobilization is, let alone how it functions, particularly in relation to the separation or balance of powers doctrine, the latter which concerns the formal mandates of public actors and their interactions in relation to rule of law as a form of governance.\u0000 We argue that the use of law by civic actors to advance social change should be distinguished from the use of law by states and other powerful actors to subvert the rule of law or to suppress critical voices. Thus, in distinguishing legal mobilization from lawfare, we argue that legal mobilization as a legitimate form of counterpower to lawfare has emerged as a viable and important component of governance. Pragmatically speaking, the illegitimate use of law by authoritarian regimes and corporations, the existence of corruption and both substantive and procedural limitations of formal rule of law mechanisms to deliver impartial justice have forced legal advocates to think creatively. In this paper, after conceptualizing legal mobilization and lawfare as opposing uses of law, we analyse the potential of legal mobilization as counterpower in relation to the trias politica doctrine, drawing on a case study of mobilizing Sinti, Roma and Traveller rights in The Netherlands to analyse how law is used to resist lawfare and pursue social justice.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-02-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44908512","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

Exploring the Role of Social Protection Interventions in Preventing Child Labour: Reinforcing the Case for a Human Rights-Based Model of Intervention 探讨社会保护干预措施在防止童工中的作用:加强以人权为基础的干预模式

IF 1

Journal of Human Rights Practice Pub Date : 2023-02-17 DOI: 10.1093/jhuman/huac064

Róisín Hennessy

{"title":"Exploring the Role of Social Protection Interventions in Preventing Child Labour: Reinforcing the Case for a Human Rights-Based Model of Intervention","authors":"Róisín Hennessy","doi":"10.1093/jhuman/huac064","DOIUrl":"https://doi.org/10.1093/jhuman/huac064","url":null,"abstract":"\u0000 Social protection measures have emerged as critical interventions to tackle child labour. However, the effectiveness of divergent models of social protection for preventing child labour is undertheorized by academic scholars, and the specific links between child labour and social protection policy generally are underexplored. To advance knowledge in this field, first, this article develops a conceptual framework to analyse evolving discourses relating to the design of social protection measures adopted by the World Bank (WB) and International Labour Organization (ILO). The analysis distinguishes between minimalist ‘safety-net and market-centred’ approaches to social protection (associated with the WB), and more fulsome ‘human rights-based’ interventions (associated with the ILO). The implications of these diverse models of social protection and their impact on children in economic exploitation are analysed. Second, the article engages in an innovative analysis of available empirical studies to measure the effectiveness in practice of different models of social protection. The article argues that interventions that are explicitly linked to broader socio-economic rights and align with a ‘human rights-based’ approach give rise to the most effective results. In contrast, interventions that adopt a ‘safety-net and market-centred’ approach can result in mixed outcomes, and/or increases in child labour. A further finding from the analysis reveals that the gendered burden of social reproduction work is a structural issue that cuts across all of the different social protection interventions and plays a crucial role in their varying outcomes. The article concludes with recommendations for policy makers that have implications for the design of ‘child-friendly’ social protection.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-02-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44015909","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

Understanding and Practices of Human Rights Standards Relating to Policing: A Case of Ghana Police Officers 对警务人权标准的理解与实践——以加纳警官为例

IF 1

Journal of Human Rights Practice Pub Date : 2023-02-10 DOI: 10.1093/jhuman/huac065

Harrison Golo

引用次数: 0

Building the Inter-American Convention against Racism: between Antiracist Pride and Racism Denial 建立美洲反对种族主义公约:在反种族主义骄傲与否认种族主义之间

IF 1

Journal of Human Rights Practice Pub Date : 2023-02-10 DOI: 10.1093/jhuman/huac066

Luana Xavier Pinto Coelho

{"title":"Building the Inter-American Convention against Racism: between Antiracist Pride and Racism Denial","authors":"Luana Xavier Pinto Coelho","doi":"10.1093/jhuman/huac066","DOIUrl":"https://doi.org/10.1093/jhuman/huac066","url":null,"abstract":"\u0000 This article examines the main controversies throughout the negotiation of a regional binding instrument to fight racism that led to the approval of the ‘Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance’ in 2013. In order to identify the regimes of racism denial that shaped the process, the article explores the major controversies in terms of language, concepts, and the need for a more targeted binding treaty on racism, focusing on the leading role of Brazil. The analysis considers the links between scales; from the regional debate to States’ national discourse and practices, within the context of global efforts to advance standards to fight racism, particularly those established at the third World Conference against Racism, Racial Discrimination, in Durban. By reviewing country reports, drafts of the convention, and analysing interviews with some participants of the debates at the Organization of the American States (OAS), this study assesses how the different strategies deployed served to perpetuate regimes of denial of racism, strongly present in the official discourse and challenged in the building of a binding instrument to fight racism in the Americas. Analysis revealed the deep challenges associated with combating racism as a systemic form of oppression historically linked to the region’s colonial past and legacy of the transatlantic slave trade. Finally, consensus was only reached by moving away from the ‘Durban language’, showing how disputed concepts and remedies highlight that racism remains a politically sensitive issue in the region.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-02-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47325579","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

Long COVID and children’s rights Long COVID与儿童权利

Journal of Human Rights Practice Pub Date : 2023-02-01 DOI: 10.1093/jhuman/huac047

Vivek Bhatt

引用次数: 0

Immunities of Foreign Officials for International Crimes: The Dilemmas of Strategic Litigation 外国官员的国际犯罪豁免:战略诉讼的困境

IF 1

Journal of Human Rights Practice Pub Date : 2023-02-01 DOI: 10.1093/jhuman/huac067

Frédéric Mégret

{"title":"Immunities of Foreign Officials for International Crimes: The Dilemmas of Strategic Litigation","authors":"Frédéric Mégret","doi":"10.1093/jhuman/huac067","DOIUrl":"https://doi.org/10.1093/jhuman/huac067","url":null,"abstract":"\u0000 This article analyses the elusive search to restrict immunities for foreign officials accused of international crimes as a form of strategic litigation. It emphasizes how litigation ‘constitutes’ legal reality beyond particular victories. Problematizing ‘success’ in litigation makes it possible to pay attention to unintended effects and even perverse outcomes of certain strategic routes. A proper understanding of success as more than victory is then used to assess three routes that have been used to try and limit, circumvent or oppose functional immunities of former officials. These routes are found not to be of even value for human rights, independently of their legal validity or their odds of success: the idea that international crimes are not committed as part of state functions trivializes the ‘public’ character of most international crimes; the argument that the jus cogens norm that prohibits international crimes trumps immunities either constantly needs to be finessed or sets up too dramatic a showdown; the idea that immunities offend human rights finds some favour as the one that is closest to the heart of human rights, although its tendency to symbolically sanctify the right to prosecutions could also have problematic ripple effects. Offered as a contribution to thinking through the rights implications of litigation, the article insists on the responsibility of human rights lawyers in creating legal worlds of their own making.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43786697","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

Straightforward? Family Reunification for Refugees in France: Aligning Legal Standards, Institutional Practices and Procedural Guarantees 简单的?法国难民家庭团聚:统一法律标准、制度实践和程序保障

Journal of Human Rights Practice Pub Date : 2023-01-10 DOI: 10.1093/jhuman/huac042

Antoine P G Meyer

{"title":"Straightforward? Family Reunification for Refugees in France: Aligning Legal Standards, Institutional Practices and Procedural Guarantees","authors":"Antoine P G Meyer","doi":"10.1093/jhuman/huac042","DOIUrl":"https://doi.org/10.1093/jhuman/huac042","url":null,"abstract":"Abstract This article addresses family reunification in France (réunification familiale) as an essential right of refugees and a clear legal entitlement under domestic law. It proceeds with a reality-check on access to the designated visa for families and support professionals and discusses potential grounds for future advocacy on the matter. Available data, reports and complementary feedback gained from several practitioners in the field suggest hurdles stand in both law and practice, at odds with international standards and guidance. Strengthening information, physical and financial access to the procedure and ensuring due diligence, flexibility and transparency when examining applications arguably remain on the agenda for reform. Further adjustments to both administrative and judicial options for appeal and legal aid rules could also upgrade guarantees for families, with greater chances for an effective remedy in a timeframe compatible with the stakes. Filling standing gaps in data, research and evaluation would seem equally essential for an evidence-based debate, and in calling for a proactive reunification policy that acts on its potential as a pathway towards international protection. Ultimately, while a reminder of the multiple dimensions to investigate if one is concerned with effective access to reunification beyond its legal consecration as a right, the ‘French case’ certainly illustrates the need for advocates in this field to keep widening strategies and tools, besides litigation.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136266993","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

Ambitious for change? A critical appraisal of the Canadian indicator framework of the sustainable development goals 想要改变?对加拿大可持续发展目标指标框架的批判性评价

Journal of Human Rights Practice Pub Date : 2023-01-07 DOI: 10.1093/jhuman/huac049

Tracy Smith-Carrier, Jacqueline On

{"title":"Ambitious for change? A critical appraisal of the Canadian indicator framework of the sustainable development goals","authors":"Tracy Smith-Carrier, Jacqueline On","doi":"10.1093/jhuman/huac049","DOIUrl":"https://doi.org/10.1093/jhuman/huac049","url":null,"abstract":"Abstract This article explores the indicators and targets identified in the Canadian Indicator Framework, a localization of the UN Sustainable Development Goals for the country of Canada. Applying a critical theoretical lens and a human rights approach, the authors explore each of the ‘ambitions’ proposed by the federal government and assess their suitability in meeting the magnitude of transformative change that will be necessary to meet the goals of the 2030 Agenda for Sustainable Development. In considering each of the Canadian ambitions proposed to realize Sustainable Development Goals 1 to 17, and the framework as a whole, the authors conclude that a business-as-usual stance has been applied. Many of the Canadian ambitions have ‘no specific target’ identified, offering no baseline measures or concrete standards from which to benchmark and monitor progress. The ones that do are not tremendously transformative, leading to a framework that does not present a dramatic departure from existing policy and practice arrangements. The character of the Canadian ambitions to the Sustainable Development Goals are revealed, not as concrete change strategies, but as mere aspirations, albeit more for the status quo than for transformational action. To translate the Canadian ambitions into actions, human rights must be infused into the Canadian Indicator Framework, and these must be substantive, de facto, rights—rights that people can actually claim, and hold state actors accountable to.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134902890","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