Journal of Human Rights最新文献

{"title":"Syrian diaspora mobilization for prospective transitional justice in the absence of transition","authors":"Espen Stokke, Eric Wiebelhaus-Brahm","doi":"10.1080/14754835.2021.2007365","DOIUrl":"https://doi.org/10.1080/14754835.2021.2007365","url":null,"abstract":"Abstract Mobilization for transitional justice typically “deals with the past,” focusing on retrospective attempts to deal with injustices. Little attention has been afforded to such mobilization when prospects for transition and justice are remote. The Syrian diaspora persistently mobilizes for what we call prospective transitional justice despite unfavorable circumstances. This article asks why. First, they have a sense of moral obligation to do so. Second, framing claims in terms of transitional justice and human rights is perceived as the best strategy to transform Syrian society. Third, transitional justice discourse is an avenue through which diaspora organizations secure institutional survival.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"500 - 516"},"PeriodicalIF":1.9,"publicationDate":"2022-01-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43144238","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 troubled world of hate speech regulation","authors":"D. Kaye","doi":"10.1080/14754835.2021.2018998","DOIUrl":"https://doi.org/10.1080/14754835.2021.2018998","url":null,"abstract":"","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"110 - 116"},"PeriodicalIF":1.9,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46191202","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":"Rethinking work, the right to work, and automation","authors":"Z. F. Arat, D. Waring","doi":"10.1080/14754835.2021.1976121","DOIUrl":"https://doi.org/10.1080/14754835.2021.1976121","url":null,"abstract":"Abstract Automation technology is increasingly used to replace workers, stirring anxiety about work and the prospect of mass unemployment or underemployment. Noting that we live not only in “the age of automation” but also in “the age of rights,” this article poses a specific question: Can automation help create an environment more conducive to the fulfillment of human rights? It examines work and reconceives the right to work in relation to work-related rights (e.g., the right to adequate living, the right to leisure) by emphasizing their interdependency. It contends that automation, from a human rights perspective, presents an opportunity to delink work from subsistence needs and fulfill various rights. Exploring redistributive proposals that directly or indirectly deal with work-related rights, the article identifies four models that can both benefit from automation and help realize its emancipatory human rights potential: guaranteed full employment, universal basic income, state socialism/planned economy, and communism.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"56 - 72"},"PeriodicalIF":1.9,"publicationDate":"2021-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41577535","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":"‘It was supposed to be fair here’: Human rights and recourse mechanisms in the Dominican Republic’s prison reform process","authors":"Jennifer Peirce","doi":"10.1080/14754835.2021.1988844","DOIUrl":"https://doi.org/10.1080/14754835.2021.1988844","url":null,"abstract":"Abstract This article analyzes prisoners’ accounts of human rights violations and protections in two types of prisons in the Dominican Republic: “new” prisons that uphold goals of rights and rehabilitation and “old” prisons that mostly warehouse people. This mixed-methods study finds that prisoners experience significant violence, mostly by other prisoners in old facilities and mostly by corrections staff in new facilities, with different rationales and possible responses. I consider three types of recourse mechanisms: top-down (courts or external commissions), bottom-up (advocacy), and internal institutional (grievance processes and human rights training). I argue that each of these carries constraints, and prisoners perceive official channels to favor the institution. The prevalence of rights violations and the narrow recourse options generate cynicism and frustration among prisoners and their families, which can undermine the legitimacy gained through other important improvements in the reform process.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"91 - 109"},"PeriodicalIF":1.9,"publicationDate":"2021-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47518680","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 paradox of success: Evolutionary dynamics between human rights and small arms","authors":"Anzhelika Solovyeva, N. Hynek","doi":"10.1080/14754835.2021.1977617","DOIUrl":"https://doi.org/10.1080/14754835.2021.1977617","url":null,"abstract":"Abstract This article shows how increasingly converging human rights and humanitarian discourses, accompanied by existing structural asymmetries, can reconstitute rights and obligations within a prominent weapons category: small arms and light weapons (SALWs). Its contribution is to theoretically refine and apply a power-analytical approach to the convergence of humanitarian, human rights, and weapons law and, in particular, the nexus between human rights and SALWs. We focus on the dynamics leading to the adoption of two major agreements very different in nature: the UN Programme of Action and the Arms Trade Treaty. Charting multiple, intermeshing, and often contradictory operations of power, we analyze the shifting role of human rights and the emergence of an entirely new phenomenon: human rights-centered arms control. Attention is drawn to the underlying paradox: Although the norm of human rights has risen from obscurity to prominence in arms control, the arms industry has been given stronger political and legal protection. Although policy advocates and norm entrepreneurs have usually preferred complete humanitarian disarmament, what we can abstract from this analysis is that a less ambitious, human rights-centered weapons treaty may well be the preferred model of arms control for a commercially prominent, widely circulated, and often-used category of weapons defying stigmatization. What follows are concluding remarks and a graphic synthesis of key findings (Figure 1).","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"36 - 55"},"PeriodicalIF":1.9,"publicationDate":"2021-11-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43605313","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":"Closing chapters of the past? Rhetorical strategies in political apologies for human rights violations across the world","authors":"J. Schaafsma, Marieke Zoodsma, Thia Sagherian-Dickey","doi":"10.1080/14754835.2021.1977919","DOIUrl":"https://doi.org/10.1080/14754835.2021.1977919","url":null,"abstract":"Abstract Over the past decades, an increasing number of countries have apologized for human rights violations in the recent or distant past. Although this has led to considerable debate about the value and meaning of apologies and their potential as a transformative mechanism, little is known about how countries across the world try to address and redress past wrongdoings in these statements. Relying on a database of apologies that have been offered worldwide by states or state representatives for human rights violations, we identified various rhetorical strategies that diverse countries use—to varying degrees—to (1) break from or acknowledge past wrongdoings, (2) bridge past wrongdoings with future intentions, and (3) bond with the intended recipients of the apology. In this article, we shed light on the strategies we identified in this regard. In doing so, we show how countries and their representatives use apologies not only or necessarily to address the needs of victims or their relatives, but also to portray and understand themselves, whereby there is substantial overlap in the types of rhetorical strategies and scripts that they use to accomplish this.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"20 1","pages":"582 - 597"},"PeriodicalIF":1.9,"publicationDate":"2021-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46794134","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 gendered politics of recognition and recognizability through political apology","authors":"Emma Dolan","doi":"10.1080/14754835.2021.1981258","DOIUrl":"https://doi.org/10.1080/14754835.2021.1981258","url":null,"abstract":"Abstract This article focuses on the performative recognition offered to victims through political apologies for conflict-related sexual violence (CRSV). It engages with understandings of political apology as an act of acknowledgment and moral visibility that has the capacity to further include marginalized accounts of violence or injustice within exclusive national histories/memberships. I introduce feminist understandings of visibility as ambivalent alongside a differential politics of “grievability” in order to suggest that political apologies must always recognize and make visible particular accounts of violence and subject positions; however, they simultaneously obscure others. I problematize the gendered and gendering effects of this process in relation to two cases of apology for CRSV: the Japanese imperial “comfort women” and the US Abu Ghraib torture scandal during the Global War on Terror (GWoT).","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"20 1","pages":"614 - 629"},"PeriodicalIF":1.9,"publicationDate":"2021-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47713095","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 a symposium on political apologies","authors":"Mark Gibney","doi":"10.1080/14754835.2021.1979389","DOIUrl":"https://doi.org/10.1080/14754835.2021.1979389","url":null,"abstract":"World history has long confirmed Thucydides’ observation that “the strong do what they will and the weak suffer what they must.” Yet, starting more than a quarter century ago, the “strong” began to do something that powerful states had never done before—namely, apologizing to the “weak” for harms committed against them in the past. Although this was heralded as the Age of Apology, there was every reason to believe this would be a fleeting affair, best serving the inflated egos of “New Age” politicians such as Bill Clinton and Tony Blair. One obvious reason to question the staying power of political apologies was that this was contrary to literally centuries of state practice. Another reason, and perhaps a more practical one, was that the weak have no means to make the strong do anything, let alone apologize. Yet, just the opposite has taken place. Rather than dying a natural death and returning to a status quo in which powerful states answered to no one—not even to themselves—what has happened is that not only have political apologies become common but it is now the absence of a state apology that often will raise questions. Along with the rise of political apologies has been academic analysis of this phenomenon. It would not be possible to summarize anywhere near the scope of this scholarship. Still, one overriding question that serves as the underlying basis for so many of the books and articles that have been written on political apologies to date is this: Do political apologies really mean anything? Some scholars are of the mind that the veritable explosion in state apologies over the past few decades is evidence of a new international ethos, whereas others see little, if any, change in international relations and therefore conclude that many, if not all, political apologies are little more than cynical political ploys dressed up in high-sounding language purely for domestic consumption. Of course, it is possible that both points of view are correct. What follows are three articles that were presented at the online workshop, “Political Apologies for Historical Wrongs,” hosted by the University of Aberdeen in February 2021, which brought together some of the leading authorities on state apologies. In addition to the outstanding scholarship on display, one of the more useful aspects of these articles is how differently they approach this subject. Given their ubiquity, one of the problems in studying political apologies has simply been keeping track of them. Of course, some apologies are given with great fanfare and ceremony, but others are done more in the shadows, perhaps reflecting the degree of sincerity with which the apology is being given. For decades, Rhoda Howard-Hassmann performed the unenviable job of constructing and maintaining a public website cataloging all (known) state apologies. This task has now been handed over to Juliette Schaafsma, Marieke Zoodsma, Thia Sagherian-Dickey, and others at Tilburg University and is described mor","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"20 1","pages":"580 - 581"},"PeriodicalIF":1.9,"publicationDate":"2021-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43766211","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":"Overcoming corporate-related human rights abuses in transitional justice: Lights and shadows from the case of Argentina","authors":"Laura García Martín","doi":"10.1080/14754835.2021.1953966","DOIUrl":"https://doi.org/10.1080/14754835.2021.1953966","url":null,"abstract":"Abstract This article explores how justice mechanisms could serve to advance corporate accountability in transitional justice. In doing so, Argentina will act as a case study. Therefore, it first explores how corporate accountability for human rights abuses can be addressed in transitional justice, specifically focusing on justice mechanisms and including examples of previous experiences. It also provides relevant insights from the international framework of business and human rights in order to examine how this field has contributed to developing international standards for corporate-related human rights abuses in transition. Based on this background, the article reviews the context of the last Argentinian dictatorship and corporate involvement in human rights abuses perpetrated. Next, it analyses how the transitional justice process in Argentina has dealt with this issue, particularly regarding domestic prosecutions to corporate managers. Finally, the article offers some concluding considerations and suggestions for the way forward.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"20 1","pages":"547 - 563"},"PeriodicalIF":1.9,"publicationDate":"2021-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46912616","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":"Socioeconomic rights in the age of pandemics: Covid-19 large-scale lockdowns have exposed the weakness of the right to work","authors":"C. Radavoi, O. Quirico","doi":"10.1080/14754835.2021.1971071","DOIUrl":"https://doi.org/10.1080/14754835.2021.1971071","url":null,"abstract":"Abstract Large-scale lockdowns imposed in response to the Covid-19 pandemic may amount to a breach of the right to work in its quantitative component: the right of everyone to have at least the opportunity to find a job. Given the current diminution of the job market with the advent of artificial intelligence, and taking into account the systemic risks to employment in the global economy, the right to work’s “minimum core”—a concept enshrined in the social, cultural, and economic rights doctrine—could be affected by policies leading to mass unemployment. Even if lockdowns do not affect the core of the right to work, to be acceptable, they must be the least restrictive policies required by the circumstances, which has to be decided by a careful balancing of the alternatives. This article argues that countries that chose to “go early and go hard” might have circumvented the balancing requirement.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":"21 1","pages":"73 - 90"},"PeriodicalIF":1.9,"publicationDate":"2021-10-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46846178","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}