{"title":"Belgium’s “Truth Commission” on its overseas colonial legacy: An expressivist analysis of transitional justice in consolidated democracies","authors":"Tine Destrooper","doi":"10.1080/14754835.2022.2042220","DOIUrl":"https://doi.org/10.1080/14754835.2022.2042220","url":null,"abstract":"Abstract In the summer of 2020, the Belgian Parliament established a Special Parliamentary Commission tasked with launching an enquiry into Belgium’s overseas colonial legacy and reflecting on appropriate reparations. It was the first consolidated democracy to establish a truth commission to investigate the historical and ongoing injustices related to overseas colonialism. In this article, I argue in favor of treating this commission as a truth commission and focus on the extra-legal and expressivist functions of truth commissions to understand potential long-term and indirect effects of this initiative. The central premise is that justice processes can shape and create meaning systems that gain the status of “truth” and can come to dominate how we understand and organize ourselves and our social world. In the descriptive section, I use primary sources to examine the genesis, mandate, composition, first steps, and reception of the commission’s work, foregrounding critical voices. In the analytical section, I examine whether the commission is indeed furthering a thick kind of accountability or whether, instead, it risks cementing and contributing to epistemic injustices. As such, the article provides a detailed overview of a commission that has been scantly covered in academic literature, as well as contributing to the debate about potentially unforeseen effects of using transitional justice processes such as truth commissions in consolidated democracies.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"22 1","pages":"158 - 173"},"PeriodicalIF":1.9,"publicationDate":"2022-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47608276","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}
G. Owusu, M. Opoku, J. Dogbe, W. Mprah, William Nketsia, Vincent Opoku Karikari
{"title":"Criminal justice in Ghana as experienced by people with disabilities: An analysis of the availability, accessibility, acceptability, and quality of services","authors":"G. Owusu, M. Opoku, J. Dogbe, W. Mprah, William Nketsia, Vincent Opoku Karikari","doi":"10.1080/14754835.2022.2037410","DOIUrl":"https://doi.org/10.1080/14754835.2022.2037410","url":null,"abstract":"Abstract Despite the immense exploitation, violence, abuse, prejudice, and neglect experienced by persons with disabilities, little is known about the accessibility of the criminal justice system to them in sub-Saharan African contexts. We adapted the availability, accessibility, acceptability, and quality of Services model (AAAQ model) of the UN Office of the High Commissioner for Human Rights (OHCHR) to explore the participation of persons with disabilities in the criminal justice system. We used a semistructured interview guide to collect data from a sample of 20 participants: 10 with disabilities and 10 key informants. Based on all the levels of indicators (of the AAAQ model), we found that the criminal justice system was unfriendly toward persons with disabilities due to factors such as lack of funds, inaccessible physical environments, language and communication barriers, and negative attitudes toward persons with disabilities. We also discuss the need for governments to demonstrate commitment toward providing public legal institutions with adaptable facilities as well as to recruiting qualified persons who are knowledgeable about disability issues.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"558 - 574"},"PeriodicalIF":1.9,"publicationDate":"2022-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47299140","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}
{"title":"Naming and shaming, government messaging, and backlash effects: Experimental evidence from the Convention Against Torture","authors":"Brian Greenhill, Dan Reiter","doi":"10.1080/14754835.2021.2011710","DOIUrl":"https://doi.org/10.1080/14754835.2021.2011710","url":null,"abstract":"Abstract Conventional thinking proposes that naming and shaming pushes publics to oppose government policies that are claimed to violate human rights. We explore the extent to which international organizations’ (IOs’) efforts to name and shame target governments can be frustrated by the target governments’ efforts to advance a counter-narrative. We test this using a survey-based experiment that focuses on the use of prolonged solitary confinement in US prisons. The results suggest that government messaging has powerful effects on public opinion. These effects are more readily discernible than the effects of IO signals. We also find some limited evidence to suggest that messages from international nongovernmental organizations can, by themselves, elicit a backlash among the respondents. Surprisingly, we found similar effects among both Democrats and Republicans. This demonstrates important limitations to IOs’ naming and shaming tactics.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"399 - 418"},"PeriodicalIF":1.9,"publicationDate":"2022-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46401882","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}
{"title":"Negotiated rights: UN treaty negotiation, socialization, and human rights","authors":"Audrey L. Comstock","doi":"10.1080/14754835.2021.2014794","DOIUrl":"https://doi.org/10.1080/14754835.2021.2014794","url":null,"abstract":"Abstract International relations scholars have noted the importance of negotiations and socialization in shaping state human rights. So far, we know surprisingly little about how negotiation participation shapes human rights practices. I argue that human rights treaty negotiations socialize states in important ways through repeated interactions in a formal institutional structure. Focusing on the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination Against Women, I test whether negotiating states improved, worsened, or made no changes in their rights practices. Using data on UN negotiation participation, I found states negotiating the treaties contributed to positive human rights practices. This finding was the strongest around 10 years after treaty creation, although it was significant decades after treaty creation. The finding held against robustness checks. This research contributes to the study of human rights law, compliance, and socialization within international organizations.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"463 - 484"},"PeriodicalIF":1.9,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41496551","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}
{"title":"“Legal exhaustion” and the crisis of human rights: Tracing legal mobilization against sexual violence and torture of Kurdish women in state custody in Turkey since the 1990s","authors":"N. Göksel, Jaimie Morse","doi":"10.1080/14754835.2022.2030206","DOIUrl":"https://doi.org/10.1080/14754835.2022.2030206","url":null,"abstract":"Abstract Throughout the 1990s and 2000s, Kurdish women reported sexual violence in state custody during intense conflicts between the Turkish military and the guerrilla organization PKK. Drawing on archival research and in-depth interviews with lawyers and activists in Turkey, we trace the development of legal mobilization by human rights lawyers and activists who characterized state-led sexual violence in the Kurdish region as a war crime against women and brought cases before domestic courts and the European Court of Human Rights (ECHR). Inspired by the work of Kerem Altıparmak, we develop the concept of “legal exhaustion” to characterize the emotional and relational aspects of legal mobilization in the context of war and counterterrorism politics. Bringing together scholarship in sociolegal studies and critical approaches to human rights, we argue that legal exhaustion is productive—not just an unproductive and constraining state—prompting human rights lawyers to sustain legal mobilization in/outside courts and critique national and international laws.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"174 - 190"},"PeriodicalIF":1.9,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44246140","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}
{"title":"New frontiers in international human rights: Actionable nonactionables and the (non)performance of perpetual becoming","authors":"K. Clarke","doi":"10.1080/14754835.2022.2040357","DOIUrl":"https://doi.org/10.1080/14754835.2022.2040357","url":null,"abstract":"Abstract This article explores the emergence of various international justice narratives that operate as legal nonperformatives, making the law and law making seem liberatory. It shows that the ratification of a treaty may not qualify as a form of state expression or a speech act advocating human rights. Instead, it can be interpreted through semiotics as sending a signal about a stance. By examining this proleptic space, we can begin to make sense of what we cannot yet see, and perhaps begin to forecast whether the core tenets of international human rights will soon be reinvented or merely perpetuated.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"141 - 157"},"PeriodicalIF":1.9,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43313468","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}
{"title":"The future of human rights: A research agenda","authors":"Alison Brysk","doi":"10.1080/14754835.2022.2030209","DOIUrl":"https://doi.org/10.1080/14754835.2022.2030209","url":null,"abstract":"In turbulent times, we stand at the leading edge of human rights. The previous generation of human rights scholarship debated the balance between a rising tide and an end times of human rights. From where we stand, we can discern both directions — and looking ahead, rising issues in the distance. Our research can only glimpse the social problems and power relations emerging at the horizon. These phenomena pose challenges to the continuing construction of human rights as a movement to expand norms and practices of who is human , what is right , and who is responsible . The human rights agenda sits at the crossroads of historic progress and hard times. On the one hand, the arc of history bends through consequential advocacy campaigns — from antislavery to anti-apartheid, expanding rights frames, and a growing interactive regime of global, regional, national, local, and transnational institutions for monitoring, advocacy, socialization, capacity building, and accountabil-ity — that culminates in an unprecedented justice cascade. On the other hand, historic governance gaps threaten the lives, liberties, and well-being of people displaced from their homes, livelihoods, and identi-ties by global forces beyond their control — from conflict to disaster to distorted development — while gender-based violence affects an estimated one of three women and girls worldwide. On every contin-ent, illiberal ethnonationalists degrade democratic institutions, minorities and migrants, women ’ s rights, sexual orientation and gender identity (SOGI) rights, and global governance, often posing counternorms to rights based in religious or populist claims: notably, in the United States, India, Turkey, Brazil, Hungary, Poland, the Philippines, and Israel. analytic to the This and rights-bearing","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"117 - 117"},"PeriodicalIF":1.9,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45274207","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}
{"title":"The boundaries of religion in international human rights law","authors":"S. Corner","doi":"10.1080/14754835.2022.2040356","DOIUrl":"https://doi.org/10.1080/14754835.2022.2040356","url":null,"abstract":"Abstract Intergovernmental institutions constitute “ecological” settings in which international human rights laws and norms are developed and shaped over time. Yet understandings of these settings remain limited. Notable feminist scholars of international law have argued that uncritical reliance on gendered dichotomies—such as objective/subjective, legal/political, and binding/nonbinding—has stunted knowledge of these spaces. I extend this critique by arguing reliance on yet another gendered dichotomy—the secular/religious—has further limited knowledge in this area. Moving past this unreflective reliance provides needed space to identify previously unrecognized ways supposedly local and global factors intersect to shape human rights norm-making within intergovernmental legal institutions. I demonstrate this using data collected as part of a qualitative study that examined how UN officials who work with women’s rights conceptualize the meaning of religion and its relationship to the human rights legal standards they work to interpret, monitor, and advance.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"191 - 209"},"PeriodicalIF":1.9,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41581597","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}
{"title":"The evolution of the global movement to end child marriage","authors":"A. Vilán","doi":"10.1080/14754835.2022.2030208","DOIUrl":"https://doi.org/10.1080/14754835.2022.2030208","url":null,"abstract":"Abstract Although international and domestic laws prohibit child marriage, millions of girls are married every year worldwide, a trend only aggravated by the COVID-19 pandemic. Since the turn of the century, the global advocacy movement to end child marriage has gained momentum by standardizing its framing, using testimonies and symbols to generate empathy and mobilize solidarity, and engaging with policymakers to end the practice. In this article, I draw on newspaper articles, advocacy reports, and interviews with activists in the United States and Latin America to identify the reasons behind its success. I also discuss several challenges activists are grappling with as the movement evolves, including intra-network dynamics regarding the centrality of sexuality and the forms child marriage adopts around the world.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"227 - 244"},"PeriodicalIF":1.9,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42083653","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}
{"title":"Introduction to human rights on the edge: The future of international human rights law and practice","authors":"T. Hepner, Heather Smith-Cannoy","doi":"10.1080/14754835.2022.2030210","DOIUrl":"https://doi.org/10.1080/14754835.2022.2030210","url":null,"abstract":"Abstract We convened a conference funded by the National Science Foundation at Arizona State University in April 2021. The 40 papers presented at the conference, a subset of which form this special issue, together demonstrated that, far from collapsing in the face of duress, law is a malleable tool that is deployed in novel ways to promote human rights. Collectively, the conference participants illustrated that the power of human rights lies not in their essentialized transcendence of time, culture, and context, but in their enduring promise that a more just world can emerge from sustained and creative struggle through, against, and at the margins of states, laws, and institutions. Ultimately, the key questions to emerge are not whether human rights law and practice will survive, but rather, what are the forces that continue to sustain, revitalize, and transform them? And what are human rights in the process of becoming?","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"118 - 122"},"PeriodicalIF":1.9,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41349038","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}