Human Rights Quarterly最新文献

{"title":"Agents with Principles? Preventing Conflict-Related Sexual Violence with Human Rights Laws and Norms","authors":"Kathryn Overton, Sally Sharif","doi":"10.1353/hrq.2023.a903336","DOIUrl":"https://doi.org/10.1353/hrq.2023.a903336","url":null,"abstract":"ABSTRACT:Focusing on conflict-related sexual violence (CRSV), we posit that behavioral expectations in the form of norms and laws have a visible impact on government militaries. Using data from over 2,000 actor-incidents between 1989 and 2015, we find a robust negative relationship between physical integrity norms and CRSV. CRSV is often a gendered act, but its prevention is not. Our analysis suggests that CRSV prevention rests with the imperative to respect physical integrity rights. This inherent respect restrains government actors even when elements of formal military control are absent or only inconsistently enforced.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"487 - 512"},"PeriodicalIF":1.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41411476","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 Image of a Lesser God: Imago Dei and the Human Rights of Children","authors":"Richard P. Hiskes","doi":"10.1353/hrq.2023.a903337","DOIUrl":"https://doi.org/10.1353/hrq.2023.a903337","url":null,"abstract":"ABSTRACT:Since the time of Augustine, and continuing today, it is common for religious believers to say that humans are created in the “image of God.” This imago dei idea was also commonly invoked, beginning in the seventeenth century, by Liberal theorists like Locke and Jefferson, as the foundation for natural or human rights. In this article, I will argue that for centuries, the dominant interpretations of imago dei were used by religious philosophical and political leaders to deny rights to both women and non-white men. More centrally to my thesis, this theological idea is still invoked today to deny human rights to children. However, taking children’s human rights seriously offers both a new foundation for human rights generally, and a different interpretation of what it means for humans to reflect the divine image.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"513 - 532"},"PeriodicalIF":1.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41539136","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":"A Magna Carta for Children?: Rethinking Children’s Rights by Michael Freeman (review)","authors":"Linde Lindkvist","doi":"10.1353/hrq.2023.a903340","DOIUrl":"https://doi.org/10.1353/hrq.2023.a903340","url":null,"abstract":"Andreas Kleiser has worked in the field of international cooperation since 1995, initially as an executive officer in the General Secretariat of the Council of Europe. He advised the International Commission on Missing Persons (ICMP) in 2001 on the establishment of the Missing Persons Institute of Bosnia and Herzegovina and joined the organization as Senior Advisor in 2003. He led ICMP’s first disaster response operation, at the request of the Council of the European Union, to help the authorities in Thailand account for those who went missing in the 2004 South East Asian tsunami. Kleiser has negotiated numerous cooperation and other agreements between ICMP and intergovernmental and other organizations, as well as with governments of states where ICMP works, and he oversees ICMP’s assistance to domestic and international justice institutions, including, during its mandate, the International Criminal Tribunal for the Former Yugoslavia. In 2005 he was appointed Deputy Chief of Staff and in 2006 Director for Policy and Cooperation. Kleiser obtained his law degrees from the University of Konstanz, Germany, and from the University of San Diego School of Law, California.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"538 - 541"},"PeriodicalIF":1.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49187031","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":"Advice without Consent?: Assessing the Advisory Jurisdiction of the African Court on Human and Peoples’ Rights","authors":"C. Odinkalu","doi":"10.1353/hrq.2023.a903333","DOIUrl":"https://doi.org/10.1353/hrq.2023.a903333","url":null,"abstract":"ABSTRACT:Despite enduring prolonged skepticism, Africa’s regional human rights has a complex architecture of institutions, norms, procedures, and jurisprudence. A major entity among these institutions is the African Court on Human and Peoples’ Rights. In existence for over one and a half decades, the Court remains an institution in transition. With an identity defined mostly by its contentious jurisdiction, the significance of its advisory jurisdiction has been neglected. Three hundred eight cases (95.36 percent) of the 323 cases received by the court in its first fifteen years were contentious. The remaining fifteen (less than 5 percent) were advisory. Notwithstanding its relative rarity, the initial evidence suggests that advisory jurisdiction of the African Court could potentially play a significant role in shaping the trajectory of human rights norms in Africa. This article explores the mechanics and potential impact of the advisory jurisdiction of the African Court for the future of human rights in Africa.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"365 - 405"},"PeriodicalIF":1.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47309601","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":"Forum-Shifting and Human Rights: Prospects for Queering the Women, Peace and Security Agenda","authors":"Jamie J. Hagen, Catherine O’Rourke","doi":"10.1353/hrq.2023.a903334","DOIUrl":"https://doi.org/10.1353/hrq.2023.a903334","url":null,"abstract":"ABSTRACT:The adoption of the Women, Peace and Security (WPS) Agenda by the UN Security Council constituted a forum-shift by women’s rights advocates away from the human rights system. As queer critique of the WPS agenda gathers pace, this article reflects on the antecedents of the queer exclusions of the WPS agenda in international human rights law. The article thereby reveals the consequences in other international law regimes of human rights law’s queer exclusions. The article concludes with some tentative proposals to utilise the pluralism of international human rights law to expand queer possibilities for both human rights and WPS.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"406 - 430"},"PeriodicalIF":1.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"66351281","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":"Reunion: Finding the Disappeared Children of El Salvador by Elizabeth Barnert (review)","authors":"A. Kleiser","doi":"10.1353/hrq.2023.a903339","DOIUrl":"https://doi.org/10.1353/hrq.2023.a903339","url":null,"abstract":"I wish I could cede Illingworth the point that human rights are a first principle, because I am immensely attracted to her model. Foremost, her framework upends the notion of philanthropy as an act of private altruism—an idea that becomes immediately hollow once we trace the subsidies and public dollars that subvent it—and instead redefines philanthropy as an obligation. As such, the donor is not free to make any old choice, but instead must meet requirements; and the recipient of the donation is not subordinated but equalized by receiving their due. Even a shift in the language of philanthropy, from generosity and gift to obligation and right, is profound. And it is bracing to imagine the material transformations that might follow, including a serious commitment to economic redistribution, since alleviating poverty is certainly core to the human rights work that Illingworth envisions. When it comes down to it, the problem with putting so much stock in human rights is not only a historical and sociological one—that today’s right might be tomorrow’s wrong; and that different people perceive those rights differently—it is also a human one. On the most extreme end of Illingworth’s framework is a dystopian possibility that instead of the people determining the rights, the right will determine the people. She quietly says as much when she notes that sometimes democratically elected governments do not do what’s best to advance human rights, with climate change policy a case in point. So, when the electorate and the government fail, then we are still obligated to let the human right lead. If I were to have to choose a dictatorship, this certainly would be preferable to others, but human rights absent human consent still strikes me as dangerous. In the end, despite my concerns about the a-historicity and unwarranted certainty of Illingworth’s first principles, the value of her book is its disciplinary honesty. Here, she says, is one way to think about a big problem we have about wealth being improperly used, even when it is behaving philanthropically. Instead of turning away, she walks boldly into the thick of it, challenging us not to give up but to try to do better. Is there an alternative?","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"535 - 538"},"PeriodicalIF":1.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41455159","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":"Giving Now: Accelerating Human Rights for All by Patricia Illingworth (review)","authors":"L. Berman","doi":"10.1353/hrq.2023.a903338","DOIUrl":"https://doi.org/10.1353/hrq.2023.a903338","url":null,"abstract":"","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"533 - 535"},"PeriodicalIF":1.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49260533","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":"Much Ado about Something: Re-thinking the Right to Development","authors":"N. Udombana","doi":"10.1353/hrq.2023.a903335","DOIUrl":"https://doi.org/10.1353/hrq.2023.a903335","url":null,"abstract":"ABSTRACT:This article revisits the right to development (R2D) paradigm. It conceptualizes development using a rights-based model, noting the failure of the conventional paradigm that focuses one-sidedly on economic growth. It interrogates the dialectics on the existence of a R2D, with its correlative duty-bearers, under particular international law, with rigorous analysis of some global instruments. The article also interrogates the related concept of international cooperation under the UN Charter and other primary legal instruments. It notes the modest strides in the long advocacy for the recognition of a R2D but suggests a shift in the current paradigm in recognition of the multidimensional realities in the international landscape.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"431 - 486"},"PeriodicalIF":1.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42996968","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.2023.0023","DOIUrl":"https://doi.org/10.1353/hrq.2023.0023","url":null,"abstract":"","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"87 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136048833","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":"Taking Class Seriously","authors":"A. Fagan","doi":"10.1353/hrq.2023.0013","DOIUrl":"https://doi.org/10.1353/hrq.2023.0013","url":null,"abstract":"ABSTRACT:This article critically analyzes the human rights perspective upon what has emerged as one of the most significant socioeconomic and political challenges confronting many millions of people residing within high-income, liberal-democratic societies: rising poverty and socioeconomic inequality. This article argues that international and domestic human rights law and the social and political imaginaries of the wider human rights community largely fail to adequately diagnose and effectively respond to poverty and inequality within high-income, liberal-democratic societies. As a political and ethical doctrine founded upon a normative commitment to social justice, human rights should be taking the lead in efforts to condemn, understand, and develop responses to the poverty and inequality which blight the lives of many millions of people within many of the world’s most affluent and, allegedly, most “liberal” societies. Human rights law has historically not done so. We, as a community, have not done so. This article offers a specific explanation for this continuing failure, by focusing upon the absence of any concerted recognition of or engagement with social class as it contributes to and compounds our exposure to poverty and inequality. Human rights remain largely blind to the many ways in which social class is intricately connected to poverty and inequality. The human rights community within high-income, liberal-democratic societies characteristically fails to take class seriously. Building upon previous writing in this area, this article explains why class is rarely recognized or engaged with by the human rights community. This article also sets out the basis for how we might begin the task of overcoming this highly damaging class blindness, to set the stage for what the author asserts as an urgent need if human rights is to provide the kind of political and ethical leadership required to effectively engage with poverty and inequality in affluent societies: the degentrification of human rights.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"260 - 282"},"PeriodicalIF":1.0,"publicationDate":"2023-04-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46247685","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}