Journal of Human Rights Practice最新文献_第9页

Amicus Curiae Applications in Malawi—Reflections of a South African Practitioner 法庭之友在马拉维的应用——一位南非执业者的反思

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Journal of Human Rights Practice Pub Date : 2023-04-19 DOI: 10.1093/jhuman/huad002

Sheena Swemmer

{"title":"Amicus Curiae Applications in Malawi—Reflections of a South African Practitioner","authors":"Sheena Swemmer","doi":"10.1093/jhuman/huad002","DOIUrl":"https://doi.org/10.1093/jhuman/huad002","url":null,"abstract":"\u0000 Amicus curiae applications are important as they aim to raise awareness for the court around aspects of a case that might otherwise be overlooked. This is especially significant in cases dealing with the intersection of various rights of vulnerable individuals such as women and children. In this practice note, I discuss the amicus intervention of the South African non-profit organization, the Centre of Applied Legal Studies, in the Malawian Constitutional Court case of AJ and TS v State and Others. The case deals with the constitutionality of section 138(1) of the Malawian Penal Code, which makes it an offence for anyone to engage in intercourse with a female child under the age of 16. Although this section was undoubtedly aimed to protect female children from sexual violence and rape it casts the net too wide by including consensual intercourse between minor children. In this case, both minor children were under the age of 15 at the time of their arrests. They had both engaged in consensual intercourse with their female partners (also minors) at the time and both faced a prison sentence of up to 14 years.\u0000 In this note I proceed to explore the importance of the amici submissions in the case, the process of applying to be admitted as an amicus curiae in Malawi, as well as the challenges associated with being a foreign amici before the Malawian Constitutional Court.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47356943","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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Where are the Voices and Experiences of Persons with Disabilities/Disabled People in Transitional Justice Research and Practice? 转型司法研究与实践中，残障人士的声音与经验在哪里?

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Journal of Human Rights Practice Pub Date : 2023-04-10 DOI: 10.1093/jhuman/huad004

J. Clark

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The Right to the Truth as an Enabler for Missing Persons Efforts 了解真相的权利作为失踪人员工作的推动者

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Journal of Human Rights Practice Pub Date : 2023-04-10 DOI: 10.1093/jhuman/huac061

{"title":"The Right to the Truth as an Enabler for Missing Persons Efforts","authors":"","doi":"10.1093/jhuman/huac061","DOIUrl":"https://doi.org/10.1093/jhuman/huac061","url":null,"abstract":"\u0000 The right to the truth is often mentioned in conjunction with missing persons cases and is recognized for its propensity to function as an enabling right, helping victims and families to claim their rights. While families, survivors, communities, specialist agencies, NGOs and international organizations readily invoke the right to the truth, the terminology used in the context can be ambiguous, overlapping, mandate-driven or strategic. This contribution reflects on the applicable legal spheres, use of approaches and practices in the context of missing persons investigations and claims made towards the realization of the right to the truth. The article clarifies the legal landscape to underscore what is meant by the right to the truth and how it may function as the starting point for the realization of other rights in the context of missing persons. Further, it examines and dissects conceptualizations of missing persons and resolution efforts; and identifies what actions help realize the right to the truth and to what extent. It argues the merits of a broad definition of missing persons while urging those engaged in solving missing persons cases to be candid in respect of the truth-seeking aspect they may be able to advance. This is by no means a trivial inquiry, for families of the missing rely on the assistance of the law and relevant agencies to further the realization of their right to the truth.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44308837","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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Foreign National Prisoners and Religious Practice in Irish Prisons 外籍囚犯与爱尔兰监狱的宗教实践

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Journal of Human Rights Practice Pub Date : 2023-03-25 DOI: 10.1093/jhuman/huad001

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Interactive Digital Platforms, Human Rights Fact Production, and the International Criminal Court 互动数字平台，人权事实制作，以及国际刑事法院

Journal of Human Rights Practice Pub Date : 2023-03-22 DOI: 10.1093/jhuman/huac062

Ken MacLean

{"title":"Interactive Digital Platforms, Human Rights Fact Production, and the International Criminal Court","authors":"Ken MacLean","doi":"10.1093/jhuman/huac062","DOIUrl":"https://doi.org/10.1093/jhuman/huac062","url":null,"abstract":"Abstract The International Criminal Court (ICC) initiated criminal proceedings against Ahmad Al Faqi Mahdi in 2016 for the war crime of directing the destruction of religious monuments in Timbuktu, Mali, in the context of a non-international conflict. The monuments included nine mausoleums of Sufi saints that Islamist groups regarded as idolatrous, one mosque, and approximately four thousand ancient manuscripts. The case, which successfully ended in a guilty plea, marks the first time that the ICC charged an individual with a ‘cultural heritage’ crime. The prosecution’s argument during the hearing relied heavily on an interactive digital platform that facilitated the organization, analysis, and presentation of the evidence to the court. SITU, an applied research organization, created the platform in collaboration with the ICC’s Office of the Prosecutor. It combined geospatial information, historic satellite imagery, photographs, open-source videos, and other types of site documentation to help the ICC judges visualize what was no longer physically there. The result was a digital reconstruction featuring structures and their contents lost to explosives, pickaxes, and hammers. The theoretical, methodological, and ethical issues that arose out of the collaboration, the focus of this article, highlights the multiple ways in which such platforms fashion ‘facts’ rather than objectively present them. A close analysis of the design decisions made, visualization techniques employed, and presentation strategies used to support the case against the defendant highlights both the possibilities and limits of such platforms as part of future international criminal proceedings.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136194565","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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Environmental Health Rights and Concepts of Vulnerability of Immigration Detainees in Europe Before and Beyond COVID-19 2019冠状病毒病之前和之后欧洲移民被拘留者的环境健康权利和脆弱性概念

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Journal of Human Rights Practice Pub Date : 2023-03-21 DOI: 10.1093/jhuman/huac063

M. Van Hout

{"title":"Environmental Health Rights and Concepts of Vulnerability of Immigration Detainees in Europe Before and Beyond COVID-19","authors":"M. Van Hout","doi":"10.1093/jhuman/huac063","DOIUrl":"https://doi.org/10.1093/jhuman/huac063","url":null,"abstract":"\u0000 The global COVID-19 health emergency has radically changed detention spaces, by heightening state and provider obligations to provide humane conditions and protect those detained against disease and subsequent ill-health. Using a socio-legal lens, this policy and practice note focuses broadly on the balance of European immigration detention regulations, and the actual conditions and treatment of immigrant detainees, putting an emphasis on developments before and after COVID-19. The special protections afforded to detainees assessed as vulnerable is unclear in the Global Compact for Safe, Orderly and Regular Migration. While cognisant of aspects of legal positivism by outlining relevant legal provisions and extant European Court of Human Rights (ECtHR) jurisprudence where conditions of detention have violated Article 3, a socio-legal argument is presented around state obligations to protect the health of all immigration detainees; the challenges in using simplistic/categorical definitions of vulnerability; and the imperatives to broaden considerations to include health vulnerability in the context of contagion and future pandemics. By analogy extant ECtHR jurisprudence on the rights of prisoners relating to right to health and disease mitigation (human immune-deficiency, tuberculosis) may offer additional protections. Broad consideration of environmental health factors in light of threats of disease in detention spaces warrant further consideration when establishing the threshold of the severity of conditions and when assessing detainee vulnerability (not limited to age, gender or health status). A public health rights-based argument can shape effective immigration detention policy reform by enhancing protective parameters based on broad definitions of health vulnerability within immigration detention spaces.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44161414","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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Correction to: Water Rights Struggles in Johannesburg and Detroit Revisited: Looking Beyond Courts at the Politics and Power of Rights-Based Legal Mobilization in a Neoliberal Global Order: A ‘Powerpack’ Analysis 更正:约翰内斯堡和底特律的水权斗争:在新自由主义全球秩序中，超越法院对基于权利的法律动员的政治和权力的观察:一个“动力包”分析

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Journal of Human Rights Practice Pub Date : 2023-03-11 DOI: 10.1093/jhuman/huac069

Jackie Dugard

{"title":"Correction to: Water Rights Struggles in Johannesburg and Detroit Revisited: Looking Beyond Courts at the Politics and Power of Rights-Based Legal Mobilization in a Neoliberal Global Order: A ‘Powerpack’ Analysis","authors":"Jackie Dugard","doi":"10.1093/jhuman/huac069","DOIUrl":"https://doi.org/10.1093/jhuman/huac069","url":null,"abstract":"Responding to the limits of court-based analyses and top-down position-taking in prevailing legal mobilization scholarship, this article goes beyond the courtroom to explore the value of rights-based legal mobilization from the perspective of those engaged in the campaigns to challenge racialized water disconnection in Johannesburg (2004–9) and Detroit (2014–). Against the backdrop of the ‘losing’ cases of Mazibuko and Lyda , the article ﬁnds evidence in the feedback from protago- nists, of the relevance of rights-based mobilization notwithstanding the judicial defeats. The value of legal mobilization ascribed by affected communities and their allies aligns with the understanding of law as a form of political power in a dialecti- cal relationship between structure and agency (Crawford and Andreassen 2013: 8–9). Using an expanded version of the ‘power cube’ (Gaventa 2006 and 2005), re- ferred to here as the ‘powerpack’, the article engages in a bottom-up nuanced analysis of the multi-dimensional power of legal mobilization. In doing so, it contributes towards a deeper understanding of the transformative potential of rights-based mobilization for egalitarian socio-economic change.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45487251","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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Cartel of Silence: How the European Union Undermines the Work of its Human Rights Defenders in the OSCE 沉默卡特尔:欧洲联盟如何破坏其在欧安组织的人权捍卫者的工作

Journal of Human Rights Practice Pub Date : 2023-03-09 DOI: 10.1093/jhuman/huac056

Bernhard Knoll-Tudor, Márta Pardavi, Marta Achler

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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

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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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