Journal of Human Rights Practice最新文献

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Treaty Bodies and Special Procedures: Can They Work Better Together? 条约机构和特别程序:它们能更好地协同工作吗?
IF 1
Journal of Human Rights Practice Pub Date : 2023-11-29 DOI: 10.1093/jhuman/huad058
Elina Steinerte, Vincent Ploton
{"title":"Treaty Bodies and Special Procedures: Can They Work Better Together?","authors":"Elina Steinerte, Vincent Ploton","doi":"10.1093/jhuman/huad058","DOIUrl":"https://doi.org/10.1093/jhuman/huad058","url":null,"abstract":"This article is a conversation between the authors on areas of complementarity between these two mechanisms, gaps, and potential avenues for enhanced mutual cooperation between the two.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"44 2","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138503285","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
From Theory to Practice: Reflections on how we can Meaningfully Measure Human Rights Impact 从理论到实践:关于如何有效衡量人权影响的思考
IF 1
Journal of Human Rights Practice Pub Date : 2023-11-29 DOI: 10.1093/jhuman/huad050
Natalia Gubbioni, Danny Vannucchi
{"title":"From Theory to Practice: Reflections on how we can Meaningfully Measure Human Rights Impact","authors":"Natalia Gubbioni, Danny Vannucchi","doi":"10.1093/jhuman/huad050","DOIUrl":"https://doi.org/10.1093/jhuman/huad050","url":null,"abstract":"What are the biggest challenges and opportunities when an organization is trying to understand the human rights impact it has achieved? Building on more than 12 years combined years of practical evaluation and impact assessment experience across various organizations in the human rights field, the authors reflect on the key lessons learnt while trying to balance organizational needs of reporting, planning, and accountability with the substantive need of understanding how to break down human rights progress and how it happens. Reflections will be articulated in four key challenges, each with practical ideas to build on: the data challenge—what kind of information can give us the most meaningful view of human rights impact; the progress challenge—how we might capture the incremental nature and gradual pace of human rights impact; the target challenge—how best to balance the need to work towards realistic targets with setting an ambitious agenda for change; and finally, the context challenge—how we might compare human rights impact across countries and acknowledge different operating contexts.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"44 3","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138503284","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
Making Right to Housing Work: Learnings from YUVA’s Approach of Enabling the Right to Adequate Housing 让住房权发挥作用:从乌克兰住房联盟实现适足住房权的方法中汲取经验
IF 1
Journal of Human Rights Practice Pub Date : 2023-11-17 DOI: 10.1093/jhuman/huad049
Marina Joseph, Siddharth K.J., Doel Jaikishen
{"title":"Making Right to Housing Work: Learnings from YUVA’s Approach of Enabling the Right to Adequate Housing","authors":"Marina Joseph, Siddharth K.J., Doel Jaikishen","doi":"10.1093/jhuman/huad049","DOIUrl":"https://doi.org/10.1093/jhuman/huad049","url":null,"abstract":"This article presents a model of human rights practice in India, specifically focused on the right to adequate housing for marginalized groups. It details this through the praxis of a 40-year-old non-profit organization called Youth for Unity and Voluntary Action (YUVA). The article presents the approach, rooted in the specific socio-legal contexts of Indian cities where YUVA works. Four key elements from YUVA’s model of work are elaborated: a) facilitating access to citizenship rights to enable individual claim-making; b) formation of people’s organizations towards collectivization; c) formation of wider city- and state-level alliances towards policy and advocacy shifts; d) strategic inputs to drive inclusion in urban plans. Although the insights embody the experience of a single organization, they offer several lessons for wider human rights practice with respect to realizing the right to housing in developing country contexts, especially in the Global South.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"484 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139265974","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
Climate Constitutionalism as a Foundation for Climate Litigation in Latin America 气候宪政:拉丁美洲气候诉讼的基础
IF 1
Journal of Human Rights Practice Pub Date : 2023-11-17 DOI: 10.1093/jhuman/huad055
Déton Winter de Carvalho, Rafaela Santos Martins da Rosa
{"title":"Climate Constitutionalism as a Foundation for Climate Litigation in Latin America","authors":"Déton Winter de Carvalho, Rafaela Santos Martins da Rosa","doi":"10.1093/jhuman/huad055","DOIUrl":"https://doi.org/10.1093/jhuman/huad055","url":null,"abstract":"Climate emergency is one of the facets shaping the current stage of ecological imbalance and requires action to be taken. The trend to address conflicts involving climate change by legal means is clearly on the rise, and the article argues that this calls for an evolving constitutional dialogue on human rights. The article examines the phenomenon, particularly in Latin American countries, explaining how past development of constitutions in the region, for all its precarious effectiveness, has already served to consolidate a path demanding judicial review in matters affecting human rights of constitutional stature. It argues that this path is being pursued by the ongoing climate litigation in Latin America. Based on case discussions, the article demonstrates how compliance with the Paris Agreement has been assimilated as a commitment to constitutional protection of human rights in the region, and how this process must deepen, taking into account regional vulnerabilities and future developments, in order to strengthen the fundamental human right not only to mitigation, but also to adaptation and equitable transitions.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"45 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-11-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138503283","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
Amplifying Civil Society Narratives: CIVICUS’s Journey in Exploring Trends in Engagement and Civic Space Conditions 放大公民社会叙事:CIVICUS探索参与趋势和公民空间条件之旅
Journal of Human Rights Practice Pub Date : 2023-11-07 DOI: 10.1093/jhuman/huad056
Mandeep S Tiwana, Marianna Belalba Barreto
{"title":"Amplifying Civil Society Narratives: CIVICUS’s Journey in Exploring Trends in Engagement and Civic Space Conditions","authors":"Mandeep S Tiwana, Marianna Belalba Barreto","doi":"10.1093/jhuman/huad056","DOIUrl":"https://doi.org/10.1093/jhuman/huad056","url":null,"abstract":"Abstract Civil society groups, in all their diversity, contribute to the creation of peaceful, just, equal and sustainable societies in myriad ways: as sources of innovation and solutions to pressing problems, as service providers for equity, as watchdogs over public resources and more. But they continue to face an onslaught of attacks and civic space restrictions in most countries. This article examines three key research and analysis initiatives developed over a decade by CIVICUS, the global civil society alliance, to help shine a spotlight on civic participation and freedoms, and the challenges and opportunities that gave rise to each and that helped shape a growing focus on civil society narratives.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"122 20","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135542003","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
Conceptualization Shapes Practice: Apostasy-Based Refugee Claims and International Human Rights Law 概念化塑造实践:基于叛教的难民索赔和国际人权法
Journal of Human Rights Practice Pub Date : 2023-11-02 DOI: 10.1093/jhuman/huad052
Mirjam van Schaik, Lynn Hillary
{"title":"Conceptualization Shapes Practice: Apostasy-Based Refugee Claims and International Human Rights Law","authors":"Mirjam van Schaik, Lynn Hillary","doi":"10.1093/jhuman/huad052","DOIUrl":"https://doi.org/10.1093/jhuman/huad052","url":null,"abstract":"Abstract Freedom of religion or belief is guaranteed in international human rights law. Incorporating the right to apostasy as a fundamental aspect of religious freedom encounters challenges in different state practices. To study this phenomenon, this article explores the interaction of the conceptualization of the right to apostasy in international human rights law and in the context of apostasy-based refugee claims. The main argument of this article is that ambiguity in international human rights law exists on the concept of ‘apostasy’. This results in human rights protection gaps when states are unwilling to grant their inhabitants the right to apostasy. These gaps in protection are sometimes filled in by refugee law. However, in the specific context of apostasy-based refugee claims, this article identifies an issue with the identification and application of the concept of apostasy—and this conceptual ambiguity may lead to a lack of protection. Indeed, conceptualization shapes practice.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"15 3","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135976127","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
Proactive Prevention: Denmark’s Domestic Practices of Human Rights Compliance 积极预防:丹麦遵守人权的国内做法
Journal of Human Rights Practice Pub Date : 2023-10-28 DOI: 10.1093/jhuman/huad036
Aysel Küçüksu
{"title":"Proactive Prevention: Denmark’s Domestic Practices of Human Rights Compliance","authors":"Aysel Küçüksu","doi":"10.1093/jhuman/huad036","DOIUrl":"https://doi.org/10.1093/jhuman/huad036","url":null,"abstract":"Abstract Fuelled by an ambition to solve the puzzle of the stark contrast between Denmark’s increasingly negative presence in the international press and its leading performance in European Court of Human Rights (ECtHR) compliance statistics, this article presents the results of a mixed-method study of the country’s domestic human rights’ protection and implementation practices. The story that emerges is not one of compliance, but of proactive prevention with a tinge of strategic risk-taking and prompt implementation. The majority of the Danish action within the compliance sphere takes place before one can even talk about compliance—domestically before the international spotlight is prompted to shine on Denmark by an adverse judgment against it. The article shows how each branch of power has an idiosyncratic way of working towards the prevention of human rights’ breaches. Yet, domestic prevention and international statistics say little about the quality of implementation and human rights’ protection. The article offers a concrete illustration of the blind spots of compliance data in the absence of qualitative research related to domestic practices and proves that there are lessons to be learned from studying even the most exemplary compliers. This makes the Danish case study an important contribution to the broader literature on the ways in which the ECtHR influences states other than through the implementation of judgments. Importantly, it also shows that while the proactive prevention of adverse ECtHR judgments can mean the same as the proactive prevention of human rights’ breaches, this is not always the case.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"183 4","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136233365","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
An Ecocentric Perspective on Climate Litigation: Lessons from Latin America 气候诉讼的生态中心视角:来自拉丁美洲的经验教训
Journal of Human Rights Practice Pub Date : 2023-10-24 DOI: 10.1093/jhuman/huad031
Fernanda de Salles Cavedon-Capdeville, María Valeria Berros, Humberto Filpi, Paola Villavicencio-Calzadilla
{"title":"An Ecocentric Perspective on Climate Litigation: Lessons from Latin America","authors":"Fernanda de Salles Cavedon-Capdeville, María Valeria Berros, Humberto Filpi, Paola Villavicencio-Calzadilla","doi":"10.1093/jhuman/huad031","DOIUrl":"https://doi.org/10.1093/jhuman/huad031","url":null,"abstract":"Abstract Based on the latest developments in ecological law in Latin America, including the recognition of the rights of nature, this article examines emerging climate-related cases that, challenging Western anthropocentric legal paradigms, address the climate crisis from an ecocentric perspective to protect both human and nature rights. Through novel arguments based on ecological law counter-narratives and a rights of nature perspective, these cases are giving way to the emergence of a new typology of climate litigation in which the intrinsic value and interests of all life forms and the legal status of nature are recognized. First, this article analyses the experience and current trends in the emerging field of ecological law in the region, including ecological and intergenerational dimensions of human rights and the legal and jurisprudential recognition of the rights of nature. Second, it reviews and compares some of the most relevant climate-related cases as well as recent, less known—some still pending—claims that incorporate an ecocentric approach, combining the protection of the rights of present and future generations and the rights of nature or exploring other arguments in the field of ecological law. These cases have the potential to contribute to the development of climate litigation with an ecocentric profile. Attention is given to the main arguments, characteristics, strengths, and shortcomings of these cases, as well as to potential barriers to the development of an ecocentric angle to climate litigation and the implementation of judicial decisions.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"8 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135266146","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
Build Forward Fairer: Covid-19, Lessons Learned 建设更加公平的未来:2019冠状病毒病,经验教训
Journal of Human Rights Practice Pub Date : 2023-10-24 DOI: 10.1093/jhuman/huad051
Morten Kjaerum
{"title":"Build Forward Fairer: Covid-19, Lessons Learned","authors":"Morten Kjaerum","doi":"10.1093/jhuman/huad051","DOIUrl":"https://doi.org/10.1093/jhuman/huad051","url":null,"abstract":"Abstract The article discusses the importance of adopting a human rights-based approach in addressing the lessons learned from the Covid-19 pandemic. The article highlights the case of a human rights-based hospital in Sweden that actively reached out to vulnerable individuals in the community during the pandemic, emphasizing how the human rights-based approach contributes to building trust and thereby realizing the right to life and health. Based on this example it explores the need for a human rights-based approach in crisis management including climate-induced disasters. The article emphasizes the interconnectedness of all human rights and the need for economic prioritizations that align with social justice commitments. It highlights the role of institutions, legal frameworks, and collaborative efforts at various levels to ensure the realization of human rights and the principle of ‘leave no one behind’. The article concludes by advocating for the integration of human rights principles into legislation, policies, and actions to build a fairer and more resilient society.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"81 11","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135266148","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
A Listening Device: Colombia’s Truth Commission and the Politics of the Audible 《聆听装置:哥伦比亚真相委员会与可听政治》
Journal of Human Rights Practice Pub Date : 2023-10-24 DOI: 10.1093/jhuman/huad046
Alejandro Castillejo-Cuéllar
{"title":"<i>A Listening Device</i>: Colombia’s Truth Commission and the Politics of the Audible","authors":"Alejandro Castillejo-Cuéllar","doi":"10.1093/jhuman/huad046","DOIUrl":"https://doi.org/10.1093/jhuman/huad046","url":null,"abstract":"Abstract In this brief text I want to offer a personal reflection on my work as a former Commissioner in Colombia’s Commission for the Clarification of Truth, Coexistence and Non-repetition. What is of interest to me is the idea that truth-seeking commission models are complex “listening devices” that render certain forms of violence intelligible while other more systemic types, remain elusive. In contexts of deeply rooted historical and endemic racial and economic inequalities, this is not a minor issue as these material inequalities are at the heart of conflict itself. In fact, what I call the “transitional promise of transformation” often falls short of changing the structures of quotidian experience of people and communities scarred by such historical injuries. Rather, those “transformations” are deferred to a future “liberal peace building” or development-oriented agenda. I examine this way of listening through a particular theoretical lens and aspire not only to contribute with an empathic and a reflexive distance from our work as a Commission but also to posit wider questions.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"8 2","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135265704","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
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