Human Rights Quarterly最新文献

{"title":"How Human Rights Became Gay Rights: A History of Toonen v Australia","authors":"Douglas Pretsell, Timothy Willem Jones","doi":"10.1353/hrq.2024.a933872","DOIUrl":"https://doi.org/10.1353/hrq.2024.a933872","url":null,"abstract":"<p><p>When the Legislative Council of the Australian island state of Tasmania rejected gay law reform in July 1991, a group of enterprising activists took their case to the United Nations. In April 1994, the United Nations Human Rights Committee ruled in their favor. The case, <i>Toonen v Australia</i>, is a landmark human rights judgement that has proved highly influential in the years that have followed. Using interviews with the principal participants, this article provides a historical narrative of their activist journey.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141780367","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Right to Flee the Dangers of War: Rethinking Ukraine's Gender-Based Restriction on Civilian Men's Freedom of Movement","authors":"Jenna Norosky, Charli Carpenter","doi":"10.1353/hrq.2024.a933873","DOIUrl":"https://doi.org/10.1353/hrq.2024.a933873","url":null,"abstract":"<p><p>Amid Russia’s illegal invasion of Ukraine, the human rights community has understandably focused its attention on human rights violations committed by the Russian state, leaving the human rights implications of Ukraine’s martial law on civilians largely unexamined. This article highlights the ways Ukraine’s travel restriction on “battle-aged” civilian men has harmed three overlapping groups: civilian men, families (including women and children), and trans and nonbinary individuals. It then demonstrates that wartime policies such as this one are at odds with several areas of international human rights and humanitarian law: the right to freedom of movement, the right to conscientious objection, and the principle of respect for family life—all of which are meant to be implemented without discrimination on basis of gender. We conclude this type of gender-based law is not justified according to the International Covenant on Civil and Political Rights’ rules on derogation in time of national emergencies and emerging customary law and should receive greater attention by the human rights community.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141780275","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Limits to Negotiated Accountability of Economic Accomplices: The Case of Volkswagen do Brasil","authors":"Juan Pablo Bohoslavsky, Juan Cruz Goñi","doi":"10.1353/hrq.2024.a933874","DOIUrl":"https://doi.org/10.1353/hrq.2024.a933874","url":null,"abstract":"<p><p>This article critically analyzes the agreement signed in 2020 between Volkswagen do Brasil and the Federal Prosecutor’s Office, which marked the closure of previous civil claims filed by a group of employees who were victims of gross violations of their human rights and alleged the complicity of the company during the dictatorship in Brazil. The conclusions challenge the triumphant story provided by both the State and the company itself and highlight the dark side of using negotiated agreements in the context of civil litigation as a way to achieving guarantees of justice, truth, memory, reparation, and non-repetition.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141780276","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Guerrilla Governance: Troubling Gender in the FARC","authors":"Kimberly Theidon","doi":"10.1353/hrq.2024.a933871","DOIUrl":"https://doi.org/10.1353/hrq.2024.a933871","url":null,"abstract":"<p><p>All armed groups have internal regulations, and these regulations frequently involve the governance of affect, intimacy, and reproduction. Drawing upon my ethnographic research with female former combatants from Fuerzas Armadas Revolucionarias de Colombia (FARC), I explore the gendered aspects of these governance regimes. How was intimacy dictated and policed by commanders and peers? What are the tropes regarding women and violence, and how are these frequently eroticized? What forms of reproductive governance were exercised within the ranks? For women who chose to leave the FARC, either informally or via official Demobilization, Disarmament, and Reintegration programs, to what extent does reintegration involve the redomestication of “transgressive” women?</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141780274","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Right to a Healthy Environment in and Beyond the Anthropocene ed. by Hendrik Schoukens and Farah Bouquelle (review)","authors":"Bradford C. Mank","doi":"10.1353/hrq.2024.a933877","DOIUrl":"https://doi.org/10.1353/hrq.2024.a933877","url":null,"abstract":"<span><span>In lieu of</span> an abstract, here is a brief excerpt of the content:</span>\u0000<p> <span>Reviewed by:</span> <ul> <li><!-- html_title --> <em>The Right to a Healthy Environment in and Beyond the Anthropocene</em> ed. by Hendrik Schoukens and Farah Bouquelle <!-- /html_title --></li> <li> Bradford C. Mank (bio) </li> </ul> Hendrik Schoukens &amp; Farah Bouquelle eds., <em>The Right to a Healthy Environment in and Beyond the Anthropocene</em> (Edward Elgar Publishing 2024), ISBN 9781035300419, 380 pages; and the European Court of Human Rights’ Three Climate Change Decisions on April 9, 2024. <h2>INTRODUCTION</h2> <p><em>The Right to a Healthy Environment in and Beyond the Anthropocene: A European Perspective</em>, edited by Hendrik Schoukens and Farah Bouquelle, provides an excellent introduction to European law relating to climate change and whether there is a legal right in Europe to a healthy environment. There is an outstanding Introduction by Schoukens and Bouquelle that provides both an overview of the subject of judicial responses to climate change and the proposed right to a healthy environment for Europe, and a synopsis of each of the fifteen chapters in the book.¹ Schoukens and Bouquelle discuss the record setting heat affecting the world and Europe in the 2020s and the recognition that humans burning fossil fuels that release greenhouse gases (GHG) has so affected the Earth’s environment that we now live in the age of the Anthropocene.² Then the Introduction argues that a European focus on climate change and a right to a healthy environment is justified by the fact that nineteen out of twenty-seven European countries in the European Union have a right to a <strong>[End Page 555]</strong> healthy environment in their constitutions and seventeen in their national laws.³ Additionally, Europe has been a leader in recognizing individual human rights.⁴ Furthermore, an increasing number of European judicial decisions have either recognized either a legal right against climate change harms or a right to a healthy environment.⁵</p> <p>Finally, the European Court of Human Rights (ECtHR) might interpret the European Convention on Human Rights (hereinafter “the Convention” or ECHR) to recognize a right to a healthy environment or a right to a stable climate.⁶ Under either the right to life in Article 2 of the Convention, or, more frequently, in the right to respect for private and family life including their home in Article 8, the ECtHR in its decisions has gradually expanded environmental protections leading to a hope that it would recognize either a right to a healthy environment or a state duty to address climate change.⁷ The ECHR is important because it applies to the forty-six European nations that form the Council of Europe, including several nations such as Turkey that are not full members or members of the twenty-seven nations in the European Union.<sup>8","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141780362","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Music Making in U.S. Prisons: Listening to Incarcerated Voices by Mary L. Cohen and Stuart P. Duncan (review)","authors":"Brianna J. Suslovic","doi":"10.1353/hrq.2024.a933878","DOIUrl":"https://doi.org/10.1353/hrq.2024.a933878","url":null,"abstract":"<span><span>In lieu of</span> an abstract, here is a brief excerpt of the content:</span>\u0000<p> <span>Reviewed by:</span> <ul> <li><!-- html_title --> <em>Music Making in U.S. Prisons: Listening to Incarcerated Voices</em> by Mary L. Cohen and Stuart P. Duncan <!-- /html_title --></li> <li> Brianna J. Suslovic (bio) </li> </ul> Mary L. Cohen &amp; Stuart P. Duncan, <em>Music Making in U.S. Prisons: Listening to Incarcerated Voices</em> (Wilfred Laurier University Press 2022), ISBN 9781771125710, 223 pages. <p>Arts-based programming in United States (U.S.) prisons can function as a rehabilitative intervention for incarcerated individuals, but it can also function as a human rights intervention, promoting the dignity and worth of some of the most stigmatized and socially isolated individuals in the country. The authors of <em>Music Making in U.S. Prisons</em> provide a well-researched and empirically grounded case for expanding music-making programming in prisons across the U.S., applying a critical lens to the criminal-legal system and the experiences of incarcerated individuals entangled within it.</p> <p>This book is speaking to the canon of prison-critical authors in the past half-century, including Angela Davis (<em>Are Prisons Obsolete?</em>) and Ruth Wilson Gilmore (<em>Abolition Geography</em>). The authors, Mary L. Cohen and Stuart P. Duncan, primarily argue that music-making in and around U.S. prisons has a role to play in dismantling the prison industrial complex.¹ They consider music making as a pathway to self-knowledge, relational skills development with outside individuals, healthy collaboration, and skill-based learning, noting the value of this multifunctionality throughout their writing. Through engagement with abolitionist thinkers such as Mariame Kaba,² the authors offer several case studies of the liberatory potential of various types of music programs in carceral settings, ranging from music collaborations in juvenile detention centers to songwriting workshops in maximum security prisons. Their discussion of the geneses and outcomes of instrumental, choral, and songwriting spaces in carceral settings is informed by a critical historical perspective about the development of music ensembles in prisons and jails over the past century.</p> <p>In her analysis of a workshop in a Raleigh, North Carolina prison, Ashley Lucas writes about the way in which <strong>[End Page 552]</strong> many incarcerated individuals “are often characterized as the objects of their own art rather than the agents who created it.”³ When creative work produced by incarcerated artists is consumed outside of prison walls, there runs a substantial risk of dehumanization and stereotyping. Incarcerated artists are expected to fit their creative work into a life narrative of trauma, deviancy, and repentance, which reduces their art to a means of constructing flattening rehabilitation narratives.⁴ Instead, of falling prey","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141780364","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Reeducation of Race: Jewishness and the Politics of Antiracism in Postcolonial Thought by Sonali Thakkar (review)","authors":"Eleni Coundouriotis","doi":"10.1353/hrq.2024.a933879","DOIUrl":"https://doi.org/10.1353/hrq.2024.a933879","url":null,"abstract":"<span><span>In lieu of</span> an abstract, here is a brief excerpt of the content:</span>\u0000<p> <span>Reviewed by:</span> <ul> <li><!-- html_title --> <em>The Reeducation of Race: Jewishness and the Politics of Antiracism in Postcolonial Thought</em> by Sonali Thakkar <!-- /html_title --></li> <li> Eleni Coundouriotis (bio) </li> </ul> Sonali Thakkar, <em>The Reeducation of Race: Jewishness and the Politics of Antiracism in Postcolonial Thought</em> (Stanford University Press 2024), ISBN 9781503637344 (ebook), 288 pages. <p>In her illuminating book on UNESCO’s antiracism project, Sonali Thakkar uses a classic of postcolonial literature (Ama Ata Aidoo’s 1977 novel <em>Our Sister Killjoy</em><em>¹</em>) to demonstrate how disappointing the project to counter racism with “reeducation” as “affective reformation” was.² Aidoo’s protagonist, Sissie, is the beneficiary of a UNESCO-like educational initiative to build international understanding. She goes from Ghana to Germany and then England in the late 1960s and faces a series of unsettling experiences of bias that render her the killjoy of such idealism. She commits to return to Ghana and rejects Europe’s reparative efforts. Thakkar fully acknowledges Aidoo’s devastating critique, which she develops to complement her extensive discussions of Frantz Fanon, Aimé Césaire, and Caryl Phillips, influential anticolonial thinkers. In their writings, Thakkar sees reflected the historical currency of UNESCO’s project. She explicates their refusal of “liberal scientific antiracism” and their reformulation of its goals.³ Thakkar mostly succeeds in not presenting this standoff between liberal antiracism and anticolonial critique of universal humanism as a binary. She keeps the critique front and center while acknowledging that “UNESCO’s race project was an extraordinary intervention into the making of antiracism and . . . the single most important site for the canonization of the liberal antiracism that continues to profoundly shape our racial present.”⁴</p> <p>Thakkar’s history begins with the efforts of anthropologists from both sides of the Atlantic to counter Nazi race science in the 1930s. The focus on antisemitism and the racist violence perpetrated by the Nazis did not translate, however, into an awareness of colonial violence until later. A racist colonial status quo continued until well after World War II when anticolonial efforts and an increasingly rapid decolonization forced the entanglement of these two antiracist efforts. UNESCO’s 1950 Statement on Race reflected the colonial blind spot by emphasizing the plasticity of race (which aimed to undermine race as a category) instead of explicitly tackling how to end racism.⁵ The <em>malleability of race</em> held the promise that racism could be overcome and confronting it could be avoided as a political question.⁶ The anthropologist Franz Boas developed the thinking around racial plasticity a","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141780277","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Agency of Refugees and Asylum-Seeking Women in the Face of the Inability of States to Provide Protection Against Sexual and Gender-Based Violence","authors":"Jeremy Julian Sarkin, Tatiana Morais","doi":"10.1353/hrq.2024.a933875","DOIUrl":"https://doi.org/10.1353/hrq.2024.a933875","url":null,"abstract":"<p><p>Drawing on fieldwork in Greece, Uganda, and Israel, this empirical study is an enquiry into the forms of agency adopted by refugee and asylum-seeking women who are survivors of, or in situations of risk of, sexual and gender-based violence. The article identifies the main agentic behaviors reported by participants to prevent and address multiple and intersecting discriminations leading to sexual and gender-based violence. It ascertains various types of agency, including passive versus active agency; silence as agency versus silence as oppression; and individual versus collective agency. The study then also asks what functions these forms of agency fulfill. It finds that they are responses to the state’s failure to prevent and address sexual and gender-based violence in four ways: (1) to acknowledge asylum-seekers sufficiently; (2) to protect asylum-seekers from sexual and gender-based violence; (3) to guarantee access to justice to sexual and gender-based violence survivors; and finally (4) to prevent further discrimination of the hosted community. Thus, this article argues that refugees and asylum-seekers adopt different types of agency to react against the state’s inability to provide protection from sexual and gender-based violence.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141780278","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Cirights: Quantifying Respect for All Human Rights","authors":"Skip Mark, Mikhail Filippov, David Cingranelli","doi":"10.1353/hrq.2024.a926222","DOIUrl":"https://doi.org/10.1353/hrq.2024.a926222","url":null,"abstract":"<p><p>The CIRIGHTS Data Project scores a representative sample of all internationally recognized human rights. In this article, we use CIRIGHTS scores to discover global patterns in government respect for human rights. The findings show that worker rights, including the right to form a trade union and bargain collectively, are among the least protected human rights. The right to be protected from torture is also among the least protected rights, but, on average, other physical integrity rights—protection from extrajudicial killing, political imprisonment, and disappearance—are among the most protected rights. We introduce an Overall Human Rights Protection Index for all countries, which shows that nearly two-thirds of the world's countries score less than 65 on the 100-point scale. A heat map shows that countries tend to have similar index scores if they share an international border. We discuss the implications of these patterns for future research and policymaking.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140939662","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Producing Truth: Public Memory Projects in Post-Violence Societies","authors":"Alexandra Byrne, Bilen Zerie, Kelebogile Zvobgo","doi":"10.1353/hrq.2024.a926220","DOIUrl":"https://doi.org/10.1353/hrq.2024.a926220","url":null,"abstract":"<p><p>How do societies remember historical political violence? We draw on an original dataset of more than 150 memorialization projects proposed by truth commissions in 28 post-violence countries, from 1970 to 2018. These projects include the removal of monuments, installation of museums, inauguration of national days of remembrance, and more. Truth commission recommendations data allows us to not only consider memory sites once established, but also to examine blueprints for the types of memory that could have been made. We develop a typology and inductively generate a theory of the political contests and conflicts that different memory projects are likely to trigger—contests and conflicts that we expect influence the likelihood of project initiation and completion. We conduct an initial probe of the theory using our new data. In so doing, we offer the first systematic, global study of setting and implementing the memorialization agenda in post-violence societies.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":null,"pages":null},"PeriodicalIF":1.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140925370","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}