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

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}

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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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Criminalizing Human Rights 将人权定为犯罪

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Journal of Human Rights Practice Pub Date : 2023-12-01 DOI: 10.1093/jhuman/huad059

Philip Alston

{"title":"Criminalizing Human Rights","authors":"Philip Alston","doi":"10.1093/jhuman/huad059","DOIUrl":"https://doi.org/10.1093/jhuman/huad059","url":null,"abstract":"The priorities reflected in the overarching system that includes the regimes dealing with international human rights law, international humanitarian law, and international criminal law are currently undergoing a gradual but highly significant transformation. The cause is a growing preoccupation with ‘atrocity crimes’ in each of the three fields, along with the imposition of criminal sanctions in response to an ever increasing range of violations, the recasting of other violations as crimes (ecocide), and the urge to describe a great many situations as involving genocide. These developments have diminished the attention given to non-criminal violations and to techniques other than prosecution, and facilitated continuing neglect of the structural dimensions underpinning violations. In the foreign policies of key western states, sanctions against individuals now attract more attention than other human rights responses. The risk is that these trends will entrench an atrocity-centred normative hierarchy, empower judges and criminal lawyers at the expense of social movements, shine a spotlight on individual rather than collective responsibility, reinforce problematic North-South dynamics, and distort resource allocations at the international level.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"44 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138503286","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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Bringing Human Rights Home: Access to Justice and the Role of Local Actors Implementing the United Nations Convention on the Rights of Persons with Disabilities 将人权带回家:诉诸司法和地方行为体执行《联合国残疾人权利公约》的作用

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Journal of Human Rights Practice Pub Date : 2023-12-01 DOI: 10.1093/jhuman/huad053

Dorien Claessen, Majda Lamkaddem, Barbara Oomen, Quirine Eijkman

{"title":"Bringing Human Rights Home: Access to Justice and the Role of Local Actors Implementing the United Nations Convention on the Rights of Persons with Disabilities","authors":"Dorien Claessen, Majda Lamkaddem, Barbara Oomen, Quirine Eijkman","doi":"10.1093/jhuman/huad053","DOIUrl":"https://doi.org/10.1093/jhuman/huad053","url":null,"abstract":"Most European states have ratified the UN Convention on the Rights of Persons with Disabilities (CRPD), but implementation varies at national and local levels with municipalities often playing a key role. Decentralization policies have often led to municipalities providing social support as well, but little attention has been paid to the accessibility of municipal support for persons with disabilities in the light of the CRPD. Therefore, this article presents the Dutch 2015 Social Support Act (SSA) as a case study. The SSA introduces the right to an assessment. This legal evaluation moment has far-reaching consequences for persons with disabilities as it serves as the gateway for access to reasonable accommodations under the CRPD. Dutch municipal councils implement their assessment systems in different ways, but social district teams are usually set up to execute the assessment under the mandate of the municipality. It is often the case that social workers fulfil both counselling and gatekeeping roles, despite the fact that they are not necessarily trained to combine these dual responsibilities. This article identifies impeding factors that influence the gaining of access to municipal social support at the level of the social system, the involved organizations and the individual professionals. It takes a legal-anthropological approach based on in-depth multidisciplinary interviews with experts in the field of disability rights advocacy, social policy and human rights, or with experiential expertise. The results indicate a lack of alignment between the SSA and the CRPD. The discussion gives recommendations for a broader implementation of the CRPD.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"43 2","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138503287","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