Human Rights Quarterly最新文献

{"title":"Freedom of Speech and Academic Freedom in Higher Education in England","authors":"Dominic McGoldrick","doi":"10.1353/hrq.2024.a926223","DOIUrl":"https://doi.org/10.1353/hrq.2024.a926223","url":null,"abstract":"<p><p>This article considers the context, development, and significance of the <i>Higher Education (Freedom of Speech) Act 2023</i>. The Act was relatively unusual in aiming to increase the normative strength of freedom of speech. The central justification given for the Act was the need to respond to an increasing number of interferences with free speech and academic freedom occurring at universities. The growth of a \"cancel culture\" was having a \"chilling effect\" on students, staff, and visiting speakers. The article examines a range of high-profile cases and incidents that have attracted political and media attention. Many of these have concerned contemporary debates related to trans issues and identity politics. The issues discussed in the article are of wider international interest. Similar controversies have been experienced in universities in other states. The article makes comparative reference to developments in the field in the United States, Canada, Australia, and New Zealand. The article examines the perceived issues and evidential bases for the Act, reviews the legal duties, and analyzes the key legal concepts. It considers these in terms of compatibility with the European Convention on Human Rights (1950). It concludes by addressing three thematic issues: (i) a Model Code; (ii) challenging university ideologies; and (iii) securing cultural change.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"17 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140939772","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 Geopolitics of Shaming: When Human Rights Pressure Works—and When it Backfires by Rochelle Terman (review)","authors":"David P. Forsythe","doi":"10.1353/hrq.2024.a926225","DOIUrl":"https://doi.org/10.1353/hrq.2024.a926225","url":null,"abstract":"&lt;span&gt;&lt;span&gt;In lieu of&lt;/span&gt; an abstract, here is a brief excerpt of the content:&lt;/span&gt;\u0000&lt;p&gt; &lt;span&gt;Reviewed by:&lt;/span&gt; &lt;ul&gt; &lt;li&gt;&lt;!-- html_title --&gt; &lt;em&gt;The Geopolitics of Shaming: When Human Rights Pressure Works—and When it Backfires&lt;/em&gt; by Rochelle Terman &lt;!-- /html_title --&gt;&lt;/li&gt; &lt;li&gt; David P. Forsythe (bio) &lt;/li&gt; &lt;/ul&gt; Rochelle Terman, &lt;em&gt;The Geopolitics of Shaming: When Human Rights Pressure Works—and When it Backfires&lt;/em&gt; (Princeton University Press 2023), ISBN 9780691250489, 199 pages. &lt;p&gt;Public criticism of a state's human rights record has long been a staple of world politics. It is practiced by a variety of actors: human rights advocacy groups, heads of international organizations and their agencies, legacy media outlets, disparate voices on social media, religious leaders, business executives, and of course states themselves. This new book by an assistant professor of political science at the University of Chicago focuses mostly on the latter. Part of what she writes is a matter of proving conventional wisdom, such as noting that states tend to be more vociferously outspoken about the human rights shortcomings of their strategic enemies and competitors than of their political friends. But part of her study raises questions about some conventional wisdom, such as her argument that foreign criticism does not always mobilize significant domestic support for human rights enforcement.&lt;/p&gt; &lt;p&gt;Her conceptual framework is not the history of internationally recognized human rights, or the details of legal obligation under human rights law in different times and places, but rather the &lt;em&gt;relationship&lt;/em&gt; between states.&lt;sup&gt;1&lt;/sup&gt; She does not discount the roles of human rights nongovernmental organizations like Human Rights Watch or Amnesty International. Nor does she ignore international organizations like the United Nations (UN). Indeed, she deals with them in passing, or in the case of the UN in some detail. But she is primarily interested in naming and shaming by states—which may play out at the UN or utilize information by other actors.&lt;/p&gt; &lt;p&gt;What she says most fundamentally is not new—namely that the exercise of power, defined to include influence, is situationally specific. What is attempted and what might succeed varies from case to case. Or, state naming and shaming may take different forms in different relationships, and may have different effects according to the same relationships.&lt;/p&gt; &lt;p&gt;A prominent example in late 2023 can be used to demonstrate one of her sound points. There was vociferous criticism by Iran of Israel's attention to human rights in armed conflict during the war in Gaza. At the same time the United States (U.S.) was telling Israel, without histrionics, to be careful about dangers to civilian Palestinians as Israel sought to militarily defeat Hamas in that crowded enclave. Israel no doubt discounted what Iran had to say and paid at least some attention to what the Biden Administration was telling it. It is p","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"191 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140939812","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 Paradox of Diasporic Peacebuilding Amidst Violence: Providing Reparations to Colombians Abroad","authors":"Rebecca Hamlin, Jamie Rowen, Luz Maria Sanchez","doi":"10.1353/hrq.2024.a926221","DOIUrl":"https://doi.org/10.1353/hrq.2024.a926221","url":null,"abstract":"<p><p>This article uses the case of Colombian migrants in the United States (U.S.) who are registered with the Colombian Unit for Victims to illustrate the tension that emerges when a home country commits to reparations for nationals in exile when violence in their home country has not ceased. Bridging studies on transitional justice, diasporas, and displacement, we show the disconnect between the Colombian state's original goal to assist with return as the primary form of reparation and displaced Colombians' goals for stability, particularly legal status, abroad. Through interviews with Colombian officials and U.S.-based migrants, our findings show the unique dynamics of transnational reparations and the specific issue facing migrants from war-torn countries when their country of origin engages in transitional justice interventions.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"135 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140939871","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":"\"What Kind of Court Is This?\": Perceptions of International Justice Among Rohingya Refugees","authors":"Payam Akhavan, Rebecca J. Hamilton, Antonia Mulvey","doi":"10.1353/hrq.2024.a926219","DOIUrl":"https://doi.org/10.1353/hrq.2024.a926219","url":null,"abstract":"<p><p>In the context of mass atrocities, the legitimacy of institutions for international justice—such as the International Criminal Court and International Court of Justice—is based on the assumption that they vindicate demands for accountability by the survivors of horrific human rights violations. Yet, notwithstanding advances in victim representation at these Hague-based courts, victim-centered justice remains elusive. This article contributes to centering the voices of survivors in their specific cultural contexts, against the backdrop of existing efforts that too often render invisible their perspectives. Through semi-structured interviews, conducted in late 2022, with 444 Rohingya survivors of genocide who have fled Myanmar to refugee camps in neighboring Bangladesh, we attempt to convey the priorities of these survivors situated within their cultural understanding of justice. We contextualize the empirical data gathered from the survey within Rohingyas' lived experiences of persecution in Myanmar, their cultural framings of communal justice, and their current reality of prolonged displacement in refugee camps in Bangladesh. The article concludes by describing the implications of this survey's findings on future engagement of the Rohingya in international justice processes, and a wider reflection on how grassroots perspectives can and should shape the global justice discourse.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"27 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140925431","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":"Prevention is Better than a Cure: The Obligation to Prevent Human Rights Violations","authors":"Sigrun I. Skogly","doi":"10.1353/hrq.2024.a926224","DOIUrl":"https://doi.org/10.1353/hrq.2024.a926224","url":null,"abstract":"<p><p>The obligation to prevent human rights violations has received little attention in the international human rights community, including in academic commentary. This article considers the sources of the obligation to prevent violations in international human rights law and explores some of the content of the obligation. This leads to a recognition that this obligation may challenge the way we often approach human rights violations and what States need to do to comply. While much of the attention to human rights violations tend to be retrospective—after they have occurred, the obligation to prevent violations requires that action be taken before individuals and groups of individuals become victims.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"2016 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-05-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140939768","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 Language Barrier: Can the ICC Prosecute Chemical Warfare?","authors":"Nadia Ahmad","doi":"10.1353/hrq.2024.a918541","DOIUrl":"https://doi.org/10.1353/hrq.2024.a918541","url":null,"abstract":"<p><p>International law has come a long way in outlawing chemical weapon usage during warfare. From the 1907 Hague Convention to the 1997 Chemical Weapons Convention, there exists a comprehensive and mostly successful prohibition and verification regime for chemical weapons. However, the advent of modern warfare in recent conflicts in Syria and in Ukraine demonstrates compliance control is severely lacking for this form of weaponry. Consequently, there is no comprehensive accountability framework for international humanitarian law violations in the form of chemical weapon usage. Without explicit language criminalizing it, this heinous form of war crime ends up slipping under the radar. This article explores these jurisdictional gaps in both international and non-international armed conflicts and recommends ways the international community should cement its commitment to penalizing chemical weapon utilization.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"9 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139577879","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":"Disappearing Rooms: The Hidden Theaters of Immigration Law by Michelle Castañeda (review)","authors":"Gary M. English","doi":"10.1353/hrq.2024.a918545","DOIUrl":"https://doi.org/10.1353/hrq.2024.a918545","url":null,"abstract":"&lt;span&gt;&lt;span&gt;In lieu of&lt;/span&gt; an abstract, here is a brief excerpt of the content:&lt;/span&gt;\u0000&lt;p&gt; &lt;span&gt;Reviewed by:&lt;/span&gt; &lt;ul&gt; &lt;li&gt;&lt;!-- html_title --&gt; &lt;em&gt;Disappearing Rooms: The Hidden Theaters of Immigration Law&lt;/em&gt; by Michelle Castañeda &lt;!-- /html_title --&gt;&lt;/li&gt; &lt;li&gt; Gary M. English (bio) &lt;/li&gt; &lt;/ul&gt; Michelle Castañeda, &lt;em&gt;Disappearing Rooms: The Hidden Theaters of Immigration Law&lt;/em&gt; (Duke University Press 2023), ISBN 9781470819633 (Paperback), 186 pages. &lt;p&gt;Michelle Castañeda, Assistant Professor in Performance Studies at NYU, has written an excellent and deeply thought-provoking book on the fundamental contradictions of immigration and asylum law, as brutally revealed through the lens of performance theory:&lt;/p&gt; &lt;blockquote&gt; &lt;p&gt;Legal processes are rich in scenographic details because institutions tend to dramatize their own authority . . . In other words, as legal officials do something—in this case, ordering Ernesto be deported—they may simultaneously make a show of what they are doing and create a little scene that elaborates deportation’s ugly logic . . . Performance theorists argue that when we pay attention to the law’s mise-en-scène, it is no longer possible to perceive the law as a coherent and self-assured entity. Instead, we see the law’s “fragile and volatile nature,” the ongoing attempt by legal officials to manage contradictions.&lt;sup&gt;1&lt;/sup&gt;&lt;/p&gt; &lt;/blockquote&gt; &lt;p&gt;The image evoked in this quote refers to a moment when Ernesto stood before an Immigration Court Judge, with his hands cuffed behind his back to a chair. When ordered to raise his right hand to swear his oath, Ernesto was forced into a deformed position with his right hand pointing up from the level of his hip and his torso twisted to his right very nearly at a right angle. No one bothered to unlock his handcuffs. The grotesque physical position forced upon Ernesto offers an example of how “staging” within the immigration legal system places individuals into impossible positions, certainly in this case physically, but also the image evokes the emotional and mental gymnastics and traumas (im)migrants face when confronting gratuitous cruelty, and various types of performative and contradictory treatment at the hands of the immigration legal system.&lt;/p&gt; &lt;p&gt;In many ways I have been waiting for this book as for some time I have argued, &lt;strong&gt;[End Page 164]&lt;/strong&gt; including within the pages of the &lt;em&gt;Human Rights Quarterly&lt;/em&gt;, that performance theory, dramatic structure, and the dialectics associated with political drama offer deep insights into the contradictions within international and human rights law or, in this case in particular, immigration and asylum law. Castañeda, who received a Ph.D. from Brown University, writes with clarity, daring originality, and heart, from the point of view of “a participant in the accompaniment program, where our job is to remain by the side of people attending ICE check-ins and sit with them for a seemingly eternal duration until we ","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"3 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139578303","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":"Contributors","authors":"","doi":"10.1353/hrq.2024.a918544","DOIUrl":"https://doi.org/10.1353/hrq.2024.a918544","url":null,"abstract":"&lt;span&gt;&lt;span&gt;In lieu of&lt;/span&gt; an abstract, here is a brief excerpt of the content:&lt;/span&gt;\u0000&lt;p&gt; &lt;ul&gt; &lt;li&gt;&lt;!-- html_title --&gt; Contributors &lt;!-- /html_title --&gt;&lt;/li&gt; &lt;/ul&gt; &lt;p&gt;&lt;em&gt;Marjorie Agosin&lt;/em&gt; is the Andrew W. Mellon Professor in the Humanities at Wellesley College. She is the author of numerous books of poetry, essays, and memoirs, including most recently &lt;em&gt;The Guardian of Memory: Aldo Izzo and the Jewish Cemetery of Venice&lt;/em&gt; (Solis Press 2023).&lt;/p&gt; &lt;p&gt;&lt;em&gt;Nadia Ahmad&lt;/em&gt; (SJD, LLM) is an Assistant Professor at Prince Mohammad bin Fahd University, where she teaches Public International Law and Human Rights and Humanitarian Law. Her research focuses on the law of armed conflict, humanitarian intervention, human rights, and international criminal law. She can be reached by email at nahmad@pmu.edu.sa.&lt;/p&gt; &lt;p&gt;&lt;em&gt;Alicia Dibbets&lt;/em&gt; is an independent human rights researcher and PhD candidate at the Netherlands Institute of Human Rights, Utrecht University. Her research is focussed on human rights realization at the local level.&lt;/p&gt; &lt;p&gt;&lt;em&gt;Adelin-Costin Dumitru&lt;/em&gt; is currently Assistant Professor at the National University of Science and Technology POLITEHNICA Bucharest, Department for Academic Training and Social Sciences. The present article constitutes part of the research that the author did during his Fellowship at the Social Sciences Division of the Research Institute of the University of Bucharest (July 2021-June 2022) (90 Panduri Street, Sector 5, 050663, Bucharest, Romania). An early draft of the article was presented at the 17th CEU Doctoral Conference—Politics of Uncertainties (April 6–8, 2022). Dumitru would like to thank the participants for their useful feedback.&lt;/p&gt; &lt;p&gt;&lt;em&gt;Gary M. English&lt;/em&gt; is a Distinguished Professor of Drama and affiliate faculty member at the Human Rights Institute at the University of Connecticut. In 2012–13, after the murder of Juliano Mer Khamis, he served as Artistic Director of The Freedom Theatre, in the Jenin Refugee Camp. He also served as visiting professor at Al Quds/Bard College in Palestine. His current book project, &lt;em&gt;Theatre and Human Rights: The Politics of Dramatic Form&lt;/em&gt;, is under contract with Routledge.&lt;/p&gt; &lt;p&gt;&lt;em&gt;Travis Farr&lt;/em&gt; is a former senior assistant prosecutor and current international legal consultant at the Extraordinary Chambers in the Courts of Cambodia. He previously served as a prosecution lawyer at the International Criminal Tribunal for the former Yugoslavia and in the Special Department for War Crimes of the Prosecutor’s Office of Bosnia and Herzegovina.&lt;/p&gt; &lt;p&gt;&lt;em&gt;Shauna N. Gillooly&lt;/em&gt; is an Assistant Professor of International Relations in the Institute of Political Science at Pontificia Universidad Católica de Chile in Santiago, Chile. Her research focuses on intersections of conflict studies, peacebuilding, and political violence.&lt;/p&gt; &lt;p&gt;&lt;em&gt;Cóman Kenny&lt;/em&gt; is a Legal Officer at the United Nations. Previously he was a prosecution lawyer at the Extraord","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"125 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139577878","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":"Sharia and Human Rights Law in the Constitutional Framework of Gulf States","authors":"Eleni Polymenopoulou","doi":"10.1353/hrq.2024.a918538","DOIUrl":"https://doi.org/10.1353/hrq.2024.a918538","url":null,"abstract":"<p><p>The present article discusses the extent to which the Sharia and human rights are intermingled in the constitutional architecture of Gulf countries, focusing on two main questions: first, the extent to which the constitutional references to the Sharia in Gulf Cooperation Council (GCC) Constitutions coexist—or can coexist—harmoniously with constitutional liberties. Secondly, the extent to which the Sharia plays a role in the interpretation of human rights by judicial entities, and whether such interpretation is in line with international human rights standards. Drawing primarily on the jurisprudence of the Kuwaiti Constitutional Court (including the female Members of Parliament hijab case, the passport retention case, the Ramadan eating ban, and the more recent case on the prohibition of “imitating the opposite sex,” the article suggests that judicial entities in GCC states should strive to align themselves better with their obligations stemming from human rights treaties, especially in relation to the principle of non-discrimination. It further argues that the richness and flexibility of Islamic law can effectively advance the argument of universality and cultural legitimacy of human rights in a spirit of reconciliation, arguably paving the way for a functioning regional human rights body in the Arab region. </p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"213 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139577882","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":"Protecting the Right to Have Rights: Defending the Enfranchisement of Refugees","authors":"Adelin-Costin Dumitru","doi":"10.1353/hrq.2024.a918543","DOIUrl":"https://doi.org/10.1353/hrq.2024.a918543","url":null,"abstract":"<p><p>In this article I challenge the interpretation of refugees as passive beneficiaries of political decisions and make a case for their enfranchisement. Starting from literature regarding the boundary problem of democratic theory, I make a republican case for including refugees in the demos. My novel approach emphasizes that bestowing electoral rights upon refugees is a separate question from offering them full citizenship. Enfranchising the refugees is a separate, and temporary prior measure of ensuring that their freedom is protected and that their rights are not imperiled by arbitrarily imposed decisions, at least in a world which is operating under a regime of controlled, closed borders. This preoccupation with feasibility constraints also aims to separate this article from recent contributions that defended the enfranchisement of refugees.</p></p>","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139578036","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}