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Deconstructing the Eviction Protections Under the Revised European Social Charter: A Systematic Content Analysis of the Interplay Between the Right to Housing and the Right to Property 解构《欧洲社会宪章》修订下的驱逐保护:住房权与财产权相互作用的系统内容分析
2区 社会学
Human Rights Law Review Pub Date : 2023-09-04 DOI: 10.1093/hrlr/ngad022
Emma N Sweeney, L Michelle Bruijn, Michel Vols
{"title":"Deconstructing the Eviction Protections Under the Revised European Social Charter: A Systematic Content Analysis of the Interplay Between the Right to Housing and the Right to Property","authors":"Emma N Sweeney, L Michelle Bruijn, Michel Vols","doi":"10.1093/hrlr/ngad022","DOIUrl":"https://doi.org/10.1093/hrlr/ngad022","url":null,"abstract":"Abstract This article analyses the eviction protections provided by the Revised European Social Charter by conducting a systematic content analysis of the European Committee on Social Rights’ (ECSR) Conclusions and Decisions on Articles 16 and 31. The findings reveal that the ECSR has established nine consistent eviction protections throughout its jurisprudence. Additionally, this article examines how the ECSR considers the right to property within the context of evictions, revealing additional eviction protections inconsistently applied by the ECSR that addresses the conflict between the right to housing and property. To provide insight into how the ECSR could address the conflict more directly, this paper compares the ECSR’s approach with that adopted by the United Nations Committee on Economic, Social and Cultural Rights (UN CESCR). Ultimately, this study concludes that the UN CESCR engages with the right to property in the context of evictions more directly than the ECSR.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135403583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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
Whose Voice?: Female Genital Cutting and the Obscuring Effects of Top-Down Criminalisation 这是谁的声音呢?女性生殖器切割和自上而下的刑事定罪的模糊影响
IF 1.5 2区 社会学
Human Rights Law Review Pub Date : 2023-06-01 DOI: 10.1093/hrlr/ngad021
W. Kang
{"title":"Whose Voice?: Female Genital Cutting and the Obscuring Effects of Top-Down Criminalisation","authors":"W. Kang","doi":"10.1093/hrlr/ngad021","DOIUrl":"https://doi.org/10.1093/hrlr/ngad021","url":null,"abstract":"\u0000 Female genital cutting (FGC) is roundly condemned within international human rights discourse. The narrative surrounding the practice tends to categorically censure FGC in all forms. In this article, I analyse the criminalisation of the practice in New South Wales, Australia to demonstrate the dominant influence of this narrative, while also highlighting its deficiencies. Focusing on the recent Australian case of Magennis and Vaziri and criticisms of the Family Law Council’s approach to FGC-eradication in Australia, I argue that the decision relied on speculation rather than objective evidence. Further, by substituting the internal perspectives of affected communities with gendered and racialised stereotypes, the courts prevented women most affected by FGC from participating in active and meaningful dialogue. As a landmark decision, Magennis and Vaziri set a clear precedent as to how future cases are decided and how women from affected communities are to be treated: as gendered, racialised and voiceless subjects.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48294853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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
The Indivisibility of Human Rights: An Empirical Analysis 人权的不可分割性:一个实证分析
2区 社会学
Human Rights Law Review Pub Date : 2023-06-01 DOI: 10.1093/hrlr/ngad013
Jan Essink, Alberto Quintavalla, Jeroen Temperman
{"title":"The Indivisibility of Human Rights: An Empirical Analysis","authors":"Jan Essink, Alberto Quintavalla, Jeroen Temperman","doi":"10.1093/hrlr/ngad013","DOIUrl":"https://doi.org/10.1093/hrlr/ngad013","url":null,"abstract":"Abstract This article aims to test whether human rights have an indivisible nature. To do that, we perform correlation analysis and Granger causality tests to test 1) the relationship within socio-economic rights and 2) between socio-economic rights and civil-political rights. The results show that certain socio-economic rights have mutual reinforcing relationships, lending support to the existence of widespread indivisibility. This finding yields relevant policy implications. Given their financial constraints, states could make use of the existence of widespread indivisibility, in combination with the progressive implementation clause, to foster the efficient allocation of resources for human rights implementation. Furthermore, this article shows that the intensity of indivisibility varies depending on the income category of states: the indivisible nature of socio-economic rights is more intense in low-income countries while seems to achieve a saturation point at the highest levels of human rights compliance. We, thus, propose to define this phenomenon as ‘indivisibility saturation’. Lastly, our findings detect a more complex picture for the indivisibility principle between the two classes of human rights. While widespread indivisibility does not follow from the tests, important unidirectional relationships between different human rights exist and are equally important for human rights policy-making purposes.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136177625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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
Decolonizing Equality—The Legacies of Anti-Colonial Struggles at International Labour Conferences, 1920–1940 非殖民化的平等——1920-1940年国际劳工大会上反殖民斗争的遗产
IF 1.5 2区 社会学
Human Rights Law Review Pub Date : 2023-06-01 DOI: 10.1093/hrlr/ngad017
Ulrike Davy
{"title":"Decolonizing Equality—The Legacies of Anti-Colonial Struggles at International Labour Conferences, 1920–1940","authors":"Ulrike Davy","doi":"10.1093/hrlr/ngad017","DOIUrl":"https://doi.org/10.1093/hrlr/ngad017","url":null,"abstract":"\u0000 The article focuses on the critical moment when the idea of equality entered international law. The article argues that a political claim to equality of all human beings surfaced at the international level already in the 1920s and 1930s, long before human rights were discussed at the United Nations. The International Labour Organisation (ILO), established in 1919, provided the venue for delegates from non-European countries or territories—most of them confronting some form of colonialism—to raise their voices against the exploitation of labour in India, China and other places under the domination of colonial powers. The delegates’ idea of equality was present in arguments attacking racial hierarchies and in arguments criticizing unequal treatment in ‘native labour’ relations. The universalistic idea of the equal worth of all human beings and the idea of equal treatment was advanced to de-legitimize narrow concepts of equality based on race.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46496493","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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
Protecting the Arctic Indigenous Peoples’ Livelihoods in the Face of Climate Change: The Potential of Regional Human Rights Law and the Law of the Sea 在气候变化面前保护北极土著人民的生计：区域人权法和海洋法的潜力
IF 1.5 2区 社会学
Human Rights Law Review Pub Date : 2023-06-01 DOI: 10.1093/hrlr/ngad020
L. Mardikian, Sofia Galani
{"title":"Protecting the Arctic Indigenous Peoples’ Livelihoods in the Face of Climate Change: The Potential of Regional Human Rights Law and the Law of the Sea","authors":"L. Mardikian, Sofia Galani","doi":"10.1093/hrlr/ngad020","DOIUrl":"https://doi.org/10.1093/hrlr/ngad020","url":null,"abstract":"\u0000 Climate change presents existential challenges for the livelihoods of indigenous peoples, which depend on vulnerable ecosystems prone to extreme weather phenomena. Of all indigenous communities, those living in the Arctic have been worst affected. This raises the question to what extent international law can be mobilized to address the endangered livelihoods of Arctic indigenous peoples in light of rapid changes in the Arctic environment. This article examines two dimensions of the protection of livelihoods: an internal one—i.e. legal entitlements over assets, land and income—and an external one—i.e. the living environment in the Arctic. In so doing, the article analyses the right to property under regional human rights law and rules on the protection of marine resources under the law of the sea. Reflecting on relevant jurisprudence, it shows that both legal areas could provide important elements of litigation strategies to address the human rights costs of climate change.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47312305","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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
Proportionality, Stringency and Utility in the Jurisprudence of the European Court of Human Rights 欧洲人权法院法学中的比例性、严格性和实用性
IF 1.5 2区 社会学
Human Rights Law Review Pub Date : 2023-06-01 DOI: 10.1093/hrlr/ngad014
J. Letwin
{"title":"Proportionality, Stringency and Utility in the Jurisprudence of the European Court of Human Rights","authors":"J. Letwin","doi":"10.1093/hrlr/ngad014","DOIUrl":"https://doi.org/10.1093/hrlr/ngad014","url":null,"abstract":"\u0000 I argue that a form of indirect utilitarianism can provide a sufficiently plausible justification for three crucial elements of the ECtHR’s doctrine of proportionality to be taken seriously as an account of this doctrine. I show how indirect utilitarianism can account for the relation between moral rights and Convention rights, the resistance to trade-offs that is a particular property of Convention rights and the nature of the public interest against which rights must be balanced. I argue that the indirect utilitarian account provides a coherent interpretation of the Court’s jurisprudence concerning: (i) aims that express moralistic external preferences and their legitimacy; (ii) balancing and the doctrine of the ‘essence of rights’; and (iii) the Court’s reasoning in Dickson v UK. I conclude by exploring the further work needed to establish more firmly this account’s plausibility as an interpretation of the Court’s doctrine of proportionality as a whole.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48801390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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
Minimum Wages Directive and Beyond: Workers’ Dignity Taken (Almost) Seriously 最低工资指令及以后:工人的尊严(几乎)被认真对待
2区 社会学
Human Rights Law Review Pub Date : 2023-06-01 DOI: 10.1093/hrlr/ngad012
Antonio Di Marco
{"title":"Minimum Wages Directive and Beyond: Workers’ Dignity Taken (Almost) Seriously","authors":"Antonio Di Marco","doi":"10.1093/hrlr/ngad012","DOIUrl":"https://doi.org/10.1093/hrlr/ngad012","url":null,"abstract":"Abstract This study argues that the Minimum Wages Directive reveals a shift in the Union’s political-economic approach to the social competition in the Single Market, which introduces a creeping extension of the Treaty’s scope and a potential enlargement of the Union’s competences on social matters. While representing a timid starting point for the right to a minimum wage protection, it recognises that the dumping wages phenomena are partly triggered by an (unresolved) structural legal vacuum. By analysing the instrumental function of the fair remuneration towards human dignity, the idea of the right to fair and just working conditions as an open scoped right is advanced; the thesis of a general Union competence on working conditions is finally proposed. The aim is to illustrate what limits and perspectives the European upward social convergence is currently facing, and to what extent the Union is not necessarily a mere reflection of market completion interests.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136169668","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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
The Silences of International Human Rights Law: The Need for a UN Treaty on Violence Against Women 国际人权法的沉默：联合国《暴力侵害妇女行为条约》的必要性
IF 1.5 2区 社会学
Human Rights Law Review Pub Date : 2023-06-01 DOI: 10.1093/hrlr/ngad016
Julie Ada Tchoukou
{"title":"The Silences of International Human Rights Law: The Need for a UN Treaty on Violence Against Women","authors":"Julie Ada Tchoukou","doi":"10.1093/hrlr/ngad016","DOIUrl":"https://doi.org/10.1093/hrlr/ngad016","url":null,"abstract":"\u0000 In the face of women’s disproportionate experience of violence and the growing scholarly literature and advocacy on this issue, there is no international treaty recognising violence against women (VAW) as a human rights violation in and of itself. The Convention on the Elimination of Discrimination against Women (CEDAW) does not include a definition of gender-based violence, violence against women or even domestic violence. Many soft law documents address VAW, including the CEDAW committee’s general recommendations. However, even though soft laws are persuasive in developing norms, their non-binding character effectively means that States cannot be held responsible for violations. Currently, to accommodate VAW within various treaties, certain ‘jurisdictional gymnastics’ must be done. This article argues that a critical re-characterization is necessary. The reality of women’s lives in many parts of the world necessitates an effective international legal framework that explicitly defines VAW, in all its forms, as a human rights violation.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44157554","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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: 2
Judicial Activism and Judge-Made Law at the ECtHR 司法激进主义与欧洲人权法院法官制定法律
IF 1.5 2区 社会学
Human Rights Law Review Pub Date : 2023-06-01 DOI: 10.1093/hrlr/ngad015
Maro Bosnjak, K. Zajac
{"title":"Judicial Activism and Judge-Made Law at the ECtHR","authors":"Maro Bosnjak, K. Zajac","doi":"10.1093/hrlr/ngad015","DOIUrl":"https://doi.org/10.1093/hrlr/ngad015","url":null,"abstract":"\u0000 This paper contributes to an ongoing debate concerning the perceived judicial activism of the European Court of Human Rights (ECtHR). It argues that the output of the Court should be better viewed as the phenomenon of judicial law-making, not unlike in domestic jurisdictions. However, unlike many domestic legal systems, the European Convention on Human Rights framework promotes large quantities of judge-made law. This outcome results from a combination of objective factors that, taken together, enhance the process of judicial law-making by the ECtHR. Those factors include the applied mode of interpretation of the Convention, the approach to its construction, the weak textual basis, the existence of positive obligations, the lack of the doctrine of precedent, the extremely high case law and judicial turnovers, the concurrent legislative inactivity, the existence of the inter-state jurisdiction and the doctrine of autonomous meaning. At the same time, the judicial law-making is only hindered by the doctrine of subsidiarity, the principle of margin of appreciation and the Fourth Instance doctrine. As a consequence of this overwhelming dominance of the factors enhancing the process of judicial law-making over those that hinder it, the ECtHR produces large quantities of judge-made law.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45220926","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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
Disability Discrimination in the Digital Realm: How the ICRPD Applies to Artificial Intelligence Decision-Making Processes and Helps in Determining the State of International Human Rights Law 数字领域的残疾歧视:ICRPD如何应用于人工智能决策过程并帮助确定国际人权法状况
IF 1.5 2区 社会学
Human Rights Law Review Pub Date : 2023-06-01 DOI: 10.1093/hrlr/ngad019
T. Krupiy, M. Scheinin
{"title":"Disability Discrimination in the Digital Realm: How the ICRPD Applies to Artificial Intelligence Decision-Making Processes and Helps in Determining the State of International Human Rights Law","authors":"T. Krupiy, M. Scheinin","doi":"10.1093/hrlr/ngad019","DOIUrl":"https://doi.org/10.1093/hrlr/ngad019","url":null,"abstract":"\u0000 Scholars have identified challenges to protecting individuals from discrimination in contexts where organisations deploy artificial intelligence decision-making processes. While scholarship on ‘digital discrimination’ is growing, scholars have paid less attention to the impact of the use of artificial intelligence decision-making processes on persons with disabilities. This article posits that while the use of artificial intelligence technology can be beneficial for some purposes, its deployment can also construct a disability. The article demonstrates that the Convention on the Rights of Persons with Disabilities can be interpreted in a manner that confers a wide variety of human rights on persons with disabilities in the context when entities deploy artificial intelligence decision-making processes. The article proposes a test for digital discrimination based on disability and shows how it can be incorporated into the treaty through legal interpretation. Thereafter, it moves to developing an analogous general test for digital discrimination under international human rights law, applicable beyond a catalogue of protected characteristics.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43685216","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"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
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