Journal of Human Rights Practice最新文献_第4页

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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}

引用次数: 0

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

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?

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Journal of Human Rights Practice Pub Date : 2023-11-29 DOI: 10.1093/jhuman/huad058

Elina Steinerte, Vincent Ploton

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

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Journal of Human Rights Practice Pub Date : 2023-11-29 DOI: 10.1093/jhuman/huad050

Natalia Gubbioni, Danny Vannucchi

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

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Journal of Human Rights Practice Pub Date : 2023-11-17 DOI: 10.1093/jhuman/huad049

Marina Joseph, Siddharth K.J., Doel Jaikishen

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

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Journal of Human Rights Practice Pub Date : 2023-11-17 DOI: 10.1093/jhuman/huad055

Déton Winter de Carvalho, Rafaela Santos Martins da Rosa

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

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

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