Journal of Human Rights Practice最新文献_第3页

The Judge-Made ‘Duty’ to Consider Climate Change in South Africa 法官赋予南非考虑气候变化的 "义务

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Journal of Human Rights Practice Pub Date : 2024-01-29 DOI: 10.1093/jhuman/huad069

Melanie Jean Murcott, Clive Vinti

{"title":"The Judge-Made ‘Duty’ to Consider Climate Change in South Africa","authors":"Melanie Jean Murcott, Clive Vinti","doi":"10.1093/jhuman/huad069","DOIUrl":"https://doi.org/10.1093/jhuman/huad069","url":null,"abstract":"Environmental legislation in South Africa does not explicitly require that the executive branch consider climate change in environmental decision-making. Yet, in a handful of climate cases, the executive has been found to have acted unlawfully (and thus unconstitutionally) by failing to do so. We argue that the case law has implicitly introduced a ‘duty’ to consider climate change mitigation and adaptation issues. The precedent set entails that in order to act lawfully as required by the Constitution of the Republic of South Africa, 1996, decision-makers must take climate change into account in various contexts. This article describes the role of the judiciary within South Africa’s transformative constitutional regime, and the interpretive approach they are mandated to adopt. The interpretive approach is a feature of South Africa’s normative conceptualization of the separation of powers. We then describe how, in the exercise of this role, the ‘duty’ to consider climate change has emerged and evolved through three instances of climate litigation in the High Courts, and one before the Water Tribunal. We conclude that the power of judiciary in South Africa to respond to the myriad human rights and justice implications of the climate crisis derives not only from constitutionally entrenched human rights. Equally important are the mechanisms within the broader transformative architecture of the constitutional order. By making this modest point, we hope to deepen the understanding of the utility of human rights in climate litigation in the Global South.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"181 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139585933","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}

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What Might Future Rights-Based Climate Litigation Look Like in Indonesia? A Preliminary Analysis 印度尼西亚未来基于权利的气候诉讼可能是什么样的？初步分析

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Journal of Human Rights Practice Pub Date : 2024-01-27 DOI: 10.1093/jhuman/huad064

Conrado M Cornelius

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The Principle of Accountability in Human Rights-Based Approaches to Development: Towards a New Understanding 基于人权的发展方法中的问责原则：实现新的理解

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Journal of Human Rights Practice Pub Date : 2024-01-18 DOI: 10.1093/jhuman/huad068

Ysaline Reid

{"title":"The Principle of Accountability in Human Rights-Based Approaches to Development: Towards a New Understanding","authors":"Ysaline Reid","doi":"10.1093/jhuman/huad068","DOIUrl":"https://doi.org/10.1093/jhuman/huad068","url":null,"abstract":"Human rights-based approaches to development (HRBADs) have been pointed out as the most accomplished form of integration of human rights in development. Despite the growing talks among development practitioners on the need for human rights-based approaches to development policies and practices, it remains unclear what exactly the human right principle of accountability at the heart of these approaches consists of. This article seeks to unravel some of the difficulties. What does the principle of accountability mean? Who is accountable and to whom? What does it mean for current development practice? Reflecting on these questions, this article critically delves into policy, guidance, operational documents, evaluations, and other analyses by a selected number of bilateral development agencies. This desk-based research is in some cases backed by semi-structured interviews designed to provide a review of the current approaches to applying the principle of accountability. The article sheds light on how the principle of accountability is understood and applied by those agencies, and notes challenges and inconsistencies. It argues that the principle of accountability should be made fit for purpose so as not to become mere political rhetoric without practical meaning in development practice. It is thus contended that development agencies and state donors should move beyond understanding the principle of accountability as one that is grounded in internal accountability mechanisms and systems of evaluation and aim for holding all stakeholders, including themselves, accountable to the rights-holders of their development programmes and projects.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"23 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139517474","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}

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The Political Ecology of Climate Remedies in Latin America and the Caribbean: Comparing Compliance between National and Inter-American Litigation 拉丁美洲和加勒比地区气候补救措施的政治生态：比较国家诉讼和美洲诉讼的合规性

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Journal of Human Rights Practice Pub Date : 2024-01-18 DOI: 10.1093/jhuman/huad057

Juan Auz

{"title":"The Political Ecology of Climate Remedies in Latin America and the Caribbean: Comparing Compliance between National and Inter-American Litigation","authors":"Juan Auz","doi":"10.1093/jhuman/huad057","DOIUrl":"https://doi.org/10.1093/jhuman/huad057","url":null,"abstract":"The climate crisis will continue to affect human and natural systems across Latin America and the Caribbean (LAC). Undoubtedly, this jeopardizes entire communities’ enjoyment of human rights. In that context, the Inter-American Human Rights System (IAHRS) is expected to respond, particularly since its organs have jurisdiction to order remedies over most LAC countries, provided they determine a rights violation. Despite the growing number of domestic human rights-based climate cases in the region, the organs of the IAHRS have yet to adjudicate and order remedies in a case concerning the climate crisis. Against this backdrop, this article inquires how to understand climate remedies from a political ecology perspective to capture the LAC climate litigation experience. Additionally, the article asks what the challenges of implementing such remedies may be. To answer these questions, first, it compares the remedial approaches of domestic courts in six finally decided climate-related cases with those of the Inter-American Court of Human Rights (IACtHR) in ‘anti-extractivist’ cases. Second, it applies a political ecology lens to understand the elements that might hinder the implementation of the identified remedies. The article argues that the socioeconomic cost for States largely determines remedial compliance in domestic climate litigation and the IACtHR’s anti-extractivist litigation. Ultimately, the aim is to anticipate the future of climate remedies and their effectiveness at the IACtHR based on present climate litigation in LAC.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"157 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-01-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139517746","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

Rights-based Climate Litigation in Colombia: An Assessment of Claims, Remedies, and Implementation 哥伦比亚基于权利的气候诉讼：对索赔、救济和执行情况的评估

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Journal of Human Rights Practice Pub Date : 2024-01-12 DOI: 10.1093/jhuman/huad067

María Daniela de la Rosa Calderón

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Right to Privacy and Data Protection Concerns Raised by the Development and Usage of Face Recognition Technologies in the European Union 欧盟开发和使用人脸识别技术引发的隐私权和数据保护问题

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Journal of Human Rights Practice Pub Date : 2024-01-11 DOI: 10.1093/jhuman/huad065

Eglė Kavoliūnaitė-Ragauskienė

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Descriptive Analysis of Community Based Needs among Asylum Seekers in the Greater Rhode Island Area before and after COVID-19: Evidence from a Student-Run Asylum Clinic COVID-19 前后大罗德岛地区寻求庇护者社区需求的描述性分析：来自学生开办的庇护诊所的证据

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Journal of Human Rights Practice Pub Date : 2024-01-10 DOI: 10.1093/jhuman/huad062

Victoria Angenent-Mari, Viknesh Kasthuri, Hannah Montoya, Elizabeth Toll

{"title":"Descriptive Analysis of Community Based Needs among Asylum Seekers in the Greater Rhode Island Area before and after COVID-19: Evidence from a Student-Run Asylum Clinic","authors":"Victoria Angenent-Mari, Viknesh Kasthuri, Hannah Montoya, Elizabeth Toll","doi":"10.1093/jhuman/huad062","DOIUrl":"https://doi.org/10.1093/jhuman/huad062","url":null,"abstract":"\u0000 The Brown Human Rights Asylum Clinic (BHRAC) is a medical-student-run asylum clinic which provides pro-bono medical and psychological affidavits for people in immigration proceedings. At the time of the evaluations for affidavits, a BHRAC student administers a Social Determinants of Health (SDoH) screener, evaluating clients for access to healthcare and social needs such as assistance with utilities payments and housing. Medical students follow up later and connect clients with trusted resources. This descriptive analysis reviews the population demographics; demonstrates common resource requests within our population before and after the start of COVID-19; and suggests possible improvements to our clinic model. Of clients who completed the SDoH screening, 89 per cent requested at least one form of assistance; their most common request was for mental health services, followed by English classes and medical services. No change to community resource request trends appeared before and after the start of COVID-19. Barriers encountered included delays and difficulty administering the survey to clients who did not speak English or Spanish, the ethical concern of the evaluation team also offering community resources for future care, and the changes resulting from annual rotation in BHRAC student leadership.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"6 12","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139439678","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}

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Human Rights-based Approaches and the Right to Health: A Systematic Literature Review 基于人权的方法与健康权：系统文献综述

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Journal of Human Rights Practice Pub Date : 2024-01-10 DOI: 10.1093/jhuman/huad063

David Patterson

{"title":"Human Rights-based Approaches and the Right to Health: A Systematic Literature Review","authors":"David Patterson","doi":"10.1093/jhuman/huad063","DOIUrl":"https://doi.org/10.1093/jhuman/huad063","url":null,"abstract":"The term ‘human rights-based approach’ is common in rights and international development literature. Yet there is no single, universally agreed definition of a human rights-based approach, let alone its application to the right to health. This article uses a PRISMA-informed systematic literature review to address the question, ‘What is the current status of the human rights-based approach to health in international law?’ Previous reviews have described how international organizations and development donors have tackled human rights-based approaches to development generally and discussed prominent works on human rights-based approaches to health. However, this is the first review to sample the peer-reviewed literature systematically. The study revealed that authors use the terms ‘human rights’, ‘human rights-based approach’ and ‘right to health’ to import a raft of legal implications, or none at all. Similarly, readers may assign legal meanings to these terms, or none at all. Confusion arises because although these terms often have different meanings for authors and readers from different disciplines, this is not commonly acknowledged, and authors rarely clarify their perspectives. The author concludes that scholars should seek co-authors with human rights law or public health qualifications, as relevant. Most academic institutions research and teach health and law separately; interdisciplinary centres of excellence in health, law and human rights offer an opportunity to overcome these historical obstacles to interdisciplinary dialogue and understanding. The study and its conclusions will be of interest to legal researchers, human rights advocates, public health scholars, and advocates from other disciplines.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"79 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-01-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139415355","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}

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Performing/Informing Rights: Mixing Inclusive Dance and Human Rights Education for Disabled People in Sri Lanka and Nepal 表演/告知权利：在斯里兰卡和尼泊尔将包容性舞蹈与残疾人人权教育相结合

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Journal of Human Rights Practice Pub Date : 2024-01-10 DOI: 10.1093/jhuman/huad054

Lars Waldorf, Helena-Ulrike Marambio, Hetty Blades

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Revisiting ‘Human Rights’ and ‘Practice’: Introduction to the Special Collection 重新审视 "人权 "与 "实践"：特藏简介

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Journal of Human Rights Practice Pub Date : 2024-01-08 DOI: 10.1093/jhuman/huad061

Paul Gready

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