发布求助
文献互助 智能选刊 最新文献

International Journal of Law in Context最新文献

筛选
英文 中文
On the Basis of Migratory Vulnerability: Augmenting Article 14 of the European Convention on Human Rights in the Context of Migration 基于移民的脆弱性：在移民问题上强化《欧洲人权公约》第 14 条
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2024-03-26 DOI: 10.1017/s174455232300037x
Moritz Baumgärtel, Sarah Ganty
{"title":"On the Basis of Migratory Vulnerability: Augmenting Article 14 of the European Convention on Human Rights in the Context of Migration","authors":"Moritz Baumgärtel, Sarah Ganty","doi":"10.1017/s174455232300037x","DOIUrl":"https://doi.org/10.1017/s174455232300037x","url":null,"abstract":"<p>The fact that migration cases seldom raise any questions under Article 14 of the European Convention on Human Rights (ECHR) is neither inevitable nor justified. This article reaffirms the equality provision as a useful and indeed necessary mechanism for the European Court of Human Rights to deal with such applications. More concretely, we build on our previous work, which identified a legal tool suitable for achieving this reorientation in judicial practice: the principle that we call ‘migratory vulnerability’, once recalibrated away from a group-based approach to a notion of vulnerability as situational and socially induced. In this article, we explain how the principle of migratory vulnerability, even if it does not represent an inherently suspect ground of differentiation, enables us to identify instances of discrimination defined as a measurable disadvantage that is disproportionate or arbitrary and cannot, therefore, be reasonably justified on the basis of the Convention. This presupposes a move away from nationality as a privileged ground in migration-related cases and from the ‘comparator’ test to determine Article 14 ECHR violations, to also encompass situational experiences. We end with two examples that show that this reconceptualization is both workable in practice and of added value, enabling the Court to find violations that presently go undetected.</p>","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"19 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140298102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Asylum Marginalisation Renewed: ‘Vulnerability Backsliding’ at the European Court of Human Rights 庇护边缘化再现：欧洲人权法院的 "脆弱性倒退
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2024-03-26 DOI: 10.1017/s1744552323000332
Ben Hudson
{"title":"Asylum Marginalisation Renewed: ‘Vulnerability Backsliding’ at the European Court of Human Rights","authors":"Ben Hudson","doi":"10.1017/s1744552323000332","DOIUrl":"https://doi.org/10.1017/s1744552323000332","url":null,"abstract":"<p>It is now over ten years since the European Court of Human Rights (ECtHR or Court) first established that asylum seekers are inherently and particularly vulnerable on account of their very situation as asylum seekers. This occurred in its Grand Chamber judgment in the case of <span>M.S.S. v Belgium and Greece</span>. This article critically examines the Court’s subsequent asylum jurisprudence through the lens of vulnerability. The analysis reveals that the Court has engaged in ‘vulnerability backsliding’. Specifically, it traces the ways in which the Court has surreptitiously reversed the very principle of asylum vulnerability it itself established in <span>M.S.S</span>. The consequence of this backsliding is not only that the judicially recognised concept of asylum vulnerability is undermined, but that some of the most vulnerable applicants that come before the Court suffer renewed marginalisation, and, in some circumstances, exclusion from the ‘special protection’ to which they were previously afforded courtesy of <span>M.S.</span><span>S</span>.</p>","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"29 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140298082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Epistemic Violence and Colonial Legacies in the Representation of Refugee Women: Contesting Narratives of Vulnerability and Victimhood 难民妇女形象中的认识暴力和殖民遗产：对弱势和受害者叙事的质疑
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2024-03-26 DOI: 10.1017/s1744552323000356
Malak Benslama-Dabdoub
{"title":"Epistemic Violence and Colonial Legacies in the Representation of Refugee Women: Contesting Narratives of Vulnerability and Victimhood","authors":"Malak Benslama-Dabdoub","doi":"10.1017/s1744552323000356","DOIUrl":"https://doi.org/10.1017/s1744552323000356","url":null,"abstract":"<p>The traditional drafting and subsequent implementation of international refugee law have been criticised for relying on a male-centric understanding of persecution. Whilst this framework has recently shifted to include a more gender-sensitive interpretation, I argue that this introduction of gender within refugee status determination has traditionally relied on narratives infused with gendered and racialised stereotypes. In particular, it relies on a ‘white saviour’ colonial narrative that perceives refugee women as vulnerable victims in need of saving. Drawing on a decolonial and critical epistemological analysis that includes both a race and gender dimension, I unpack the epistemic violence and hidden colonial legacies in the representation of refugee women in case-law. Ultimately, this article concludes with a call for reframing the legal narrative around refugee women by approaching them as political actors rather than oppressed and vulnerable subjects.</p>","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"32 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-03-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140298108","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Rethinking and Advancing a ‘Bottom-up’ Approach to Cultural Participation of Persons with Disabilities as Key to Realising Inclusive Equality 反思和推进 "自下而上 "的残疾人文化参与方法，将其作为实现包容性平等的关键
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2024-03-18 DOI: 10.1017/s1744552324000041
Ann Leahy, Delia Ferri
{"title":"Rethinking and Advancing a ‘Bottom-up’ Approach to Cultural Participation of Persons with Disabilities as Key to Realising Inclusive Equality","authors":"Ann Leahy, Delia Ferri","doi":"10.1017/s1744552324000041","DOIUrl":"https://doi.org/10.1017/s1744552324000041","url":null,"abstract":"<p>Debates about cultural participation of persons with disabilities within legal and socio-legal scholarship and within disability studies tend to remain disconnected. This article brings legal analysis and other academic disciplines into a critical dialogue. It sheds light on how the right to cultural participation is understood from the bottom up, building on a study carried out across Europe. Participants in this study perceived opportunities to participate in, and to contribute to, arts and culture in ways that are consistent with the human rights approach to disability as expressed in the UN Convention on the Rights of Persons with Disabilities, and as central to the concept of inclusive equality. Cultural participation was also understood as intrinsic to the humanity of all people, as vital to inclusion in mainstream life, as capable of communicating experiences or identities not otherwise represented, and as potentially transformative of art-forms and ultimately, of society.</p>","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"24 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-03-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140155082","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Contextualising the absence of standardised approaches to transitional justice in the Philippines 菲律宾过渡时期司法缺乏标准化方法的背景分析
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2024-02-01 DOI: 10.1017/s1744552324000016
Tine Destrooper
{"title":"Contextualising the absence of standardised approaches to transitional justice in the Philippines","authors":"Tine Destrooper","doi":"10.1017/s1744552324000016","DOIUrl":"https://doi.org/10.1017/s1744552324000016","url":null,"abstract":"<p>The professionalisation, institutionalisation and standardisation of transitional justice has often been critiqued for pushing more informal, vernacular or experimental approaches off the radar. While this concern is legitimate and needs to be addressed, this article explores the continued relevance of standardised approaches, and of a shared language of transitional justice more specifically. I develop this argument against the background of recent events in the Philippines where, in May 2022, Ferdinand Marcos Jr., son of the former dictator, won the presidential elections. In this article I show that there has been a multiplicity of context-sensitive, vernacular and experimental transitional justice initiatives to deal with intersecting and multilayered legacies of violence, but that what has been missing is an overarching framework as expressed through the discourse of transitional justice, and the potential to forge collaborations and coalitions on the basis thereof. The case of the Philippines hints at the potential of a more ecological understanding of transitional justice in which justice actors involved in standardised and vernacular, formal and informal, state and non-state, top-down and bottom-up approaches recognise each other and certain shared objectives through the shared language and normativity of transitional justice.</p>","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"99 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139658018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Mainstreaming equality and human rights: Factors that inhibit and facilitate implementation in regulators, inspectorates and ombuds in England and Wales 将平等和人权纳入主流：阻碍和促进英格兰和威尔士监管机构、监察机构和监察员实施工作的因素
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2024-01-08 DOI: 10.1017/s1744552323000307
David Barrett
{"title":"Mainstreaming equality and human rights: Factors that inhibit and facilitate implementation in regulators, inspectorates and ombuds in England and Wales","authors":"David Barrett","doi":"10.1017/s1744552323000307","DOIUrl":"https://doi.org/10.1017/s1744552323000307","url":null,"abstract":"<p>To date the mainstreaming of equality and human rights law into public sector organisations has been underwhelming with the implementation of these norms being <span>ad hoc</span> and inconsistent. Existing research on factors that influence implementation has been either too general or too disjointed. This article has two aims to advance research on the implementation of equality and human rights: (i) to outline factors that influence the implementation of these norms and (ii) provide a more settled foundations for future research on equality and human rights implementation. It does this through interviews, undertaken in 2018–2019, with individuals responsible for leading the implementation of equality and human rights law within public sector organisations (specifically regulators, inspectorates and ombudsmen) in England and Wales. On the basis of this, the article makes suggestions for how the implementation of equality and human rights can be advanced further through changes to the regulatory environment.</p>","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"30 1","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139398454","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Before Borders: A Legal and Literary History of Naturalization By Stephanie DeGooyer, Johns Hopkins University Press, 2022. 216 pp. ISBN: 9781421443928 边界之前：归化的法律和文学史》，Stephanie DeGooyer 著，约翰斯-霍普金斯大学出版社，2022 年。216 pp.书号：9781421443928
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2024-01-08 DOI: 10.1017/s1744552323000319
Sherally Munshi
{"title":"Before Borders: A Legal and Literary History of Naturalization By Stephanie DeGooyer, Johns Hopkins University Press, 2022. 216 pp. ISBN: 9781421443928","authors":"Sherally Munshi","doi":"10.1017/s1744552323000319","DOIUrl":"https://doi.org/10.1017/s1744552323000319","url":null,"abstract":"","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"10 2","pages":""},"PeriodicalIF":0.8,"publicationDate":"2024-01-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139445160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Critical theory and memory politics: leftist autocritique after the Ukraine war 批判理论与记忆政治:乌克兰战争后左派的自我批判
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2023-11-30 DOI: 10.1017/s1744552323000289
Eric Heinze
{"title":"Critical theory and memory politics: leftist autocritique after the Ukraine war","authors":"Eric Heinze","doi":"10.1017/s1744552323000289","DOIUrl":"https://doi.org/10.1017/s1744552323000289","url":null,"abstract":"In recent years, Western governments have invoked the values of universal human rights to justify large-scale military operations. Critical theorists have often responded that these campaigns serve not to promote peace, stability, or prosperity, but to entrench Western economic and political power, often in ways that have been devastating for local populations. However, Russia’s 2022 invasion of Ukraine casts doubt on whether assumptions about Western dominance will continue to furnish adequate accounts of global armed conflict. Critical theorists base many of their views on what is sometimes called ‘memory politics’, meaning that they cite histories of Western militarism, colonialism, racism and economic exploitation as backdrops to current policies. In this article it is argued that they will only be able to explain a conflict like the Ukraine war with credibility by incorporating into their memory politics the left’s own histories of supporting autocratic regimes.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"1064 ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138505393","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Delay and settlement: The disposition of medical negligence claims in Ireland 延迟和解决:处置医疗过失索赔在爱尔兰
IF 0.8 4区 社会学
International Journal of Law in Context Pub Date : 2023-11-22 DOI: 10.1017/s1744552323000290
Mary-Elizabeth Tumelty
{"title":"Delay and settlement: The disposition of medical negligence claims in Ireland","authors":"Mary-Elizabeth Tumelty","doi":"10.1017/s1744552323000290","DOIUrl":"https://doi.org/10.1017/s1744552323000290","url":null,"abstract":"<p>Reflecting the international experience, statistics show that most medical negligence cases in Ireland settle. Less is known, however, about the duration of these cases, though anecdotal evidence suggests that they are protracted in nature. Procedurally focused reforms, aimed at reducing costs and facilitating more expedient resolution of these disputes have been proposed in Ireland, yet await implementation. As such, the pace of litigation is largely determined by the parties to the dispute. Drawing on the findings of an empirical study (an analysis of closed case files and qualitative interviews), this article explores two questions: first, how long do medical negligence cases take to resolve; and secondly, what contributes to delay in this context. Whilst causes of delay may vary by case, it is important to attempt to identify and explore common factors which contribute to delay. If these factors can be problematised and understood, possible solutions may be reached. In doing so, the article contributes to the debate on medical negligence reform across common law jurisdictions, evidencing the broader considerations, in addition to procedurally focused reforms, which are required when considering the issue of delay.</p>","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"1075 ","pages":""},"PeriodicalIF":0.8,"publicationDate":"2023-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138505405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
Accounts of vulnerability within positive human rights obligations 对积极人权义务范围内脆弱性的说明
4区 社会学
International Journal of Law in Context Pub Date : 2023-11-07 DOI: 10.1017/s1744552323000277
Nikki Godden-Rasul, C.R.G. Murray
{"title":"Accounts of vulnerability within positive human rights obligations","authors":"Nikki Godden-Rasul, C.R.G. Murray","doi":"10.1017/s1744552323000277","DOIUrl":"https://doi.org/10.1017/s1744552323000277","url":null,"abstract":"Abstract Accounts of human beings as vulnerable have provided powerful reposts to liberal individualism in recent decades. Concurrently, the European Court of Human Rights’ jurisprudence on Convention states’ positive obligations often obliges public authorities to address particular vulnerabilities. These developments reflect elements of different theoretical accounts of vulnerability but lack a coherent approach to the human subject. Exploring the impact of this in the UK Supreme Court’s jurisprudence, we evaluate two case studies in which positive obligations have been imposed on the police; (1) public order in the context of inter-community tensions in Northern Ireland ( DB v. Chief Constable of Police Service of Northern Ireland ) and (2) police investigations in regard to serial sexual offending ( Commissioner of Police of the Metropolis v. DSD ). This jurisprudence illustrates how some domestic judges are supplying their decisions with rationalisations which are lacking in the European Court’s case law.","PeriodicalId":45455,"journal":{"name":"International Journal of Law in Context","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135479851","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
首页 上一页 下一页 尾页
0
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
提示
您的信息不完整，为了账户安全，请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
请完成安全验证×
相关产品
×
本文献相关产品
联系我们：info@booksci.cn Book学术提供免费学术资源搜索服务，方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。 Copyright © 2023 布克学术 All rights reserved.
京ICP备2023020795号-1
ghs 京公网安备 11010802042870号
Book学术文献互助
Book学术文献互助群
群 号：481959085
Book学术官方微信