Law, Development and Innovation

Edisi

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ISBN/ISSN

978-3-319-13311-9

Deskripsi Fisik

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Judul Seri

SxI – Springer for Innovation /SxI – Springer per l'Innovazione Volume 13

No. Panggil

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You Say You Want a Revolution: the Arab Spring, Norm Diffusion, and the Human…

Abstract We discuss how the Arab Spring is a reflection of the resiliency of the human rights regime. In order to accomplish this, we explore the extent to which the Arab Spring represents norm diffusion among Middle East and North Africa (MENA) states. Specifically, we examine the cases of Tunisia, Egypt, and Bahrain and consider how economic and demographic changes created space for human r…

What the Past Will Be: Curating Memory in Peru’s Yuyanapaq: Para Recordar

Abstract This article analyzes the photographic exhibit Yuyanapaq: Para Recordar, which was a product of the Peruvian Truth and Reconciliation Commission. It focuses specifically on the curatorial process and political desires shaping Yuyanapaq, and it examines the ways in which photographs were intended to intervene in and script a national consciousness and shared memory during and after Pe…

Timing, Sequencing, and Transitional Justice Impact: A Qualitative Comparativ…

Abstract Transitional justice (TJ) scholars are increasingly concerned with measuring the impact of transitional justice initiatives. Scholars often assume that TJ mechanisms must be properly designed and ordered to achieve lasting effect, but the impact of TJ timing and sequencing has attracted relatively little theoretical or empirical attention. Focusing on Latin America, this article expl…

The Problem of Human Rights

Edisi

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ISBN/ISSN

1874-6306

Deskripsi Fisik

Human Rights Review (2015) 16:393–396

Judul Seri

Human Rights Review (2015) 16:393–396

No. Panggil

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The Priority of Conflict Deterrence and the Role of the International Crimina…

Abstract The entry into force of the Rome Statute on 1 July 2002 establishing the International Criminal Court (ICC) has signified a shift in the goals pursued by international criminal law. Due to new types of warfare dynamics, international protection is in need of new orientations, particularly with regard to conflict deterrence aims. This urgency is widely documented by the normative acti…

The Imperative of Indigeneity: Indigenous Human Rights and their Limits

Abstract The legal and normative openness of human rights allows for the integration of new subjects, arenas, violators, and protectors of human rights. Indigenous movements manage to use this flexibility and implement their claims within the human rights system. Yet, indigenous rights cause manifold discussions and ambiguities, all of which are related to the question of the concept of indig…

The EU Fundamental Rights Policy as a Source of Euroscepticism

Abstract This article analyzes how the development of the European Union (EU) fundamental rights policy feeds Euroscepticism—and notably political Euroscepticism—within segments of national political elites in EU Member States. More specifically, it argues that this relatively new policy also gives rise to a new form of political Euroscepticism, which has been defined as “value-based Eu…

Settler Colonialism and the Politics of Grief: Theorising a Decolonising Tran…

Abstract This article argues that within the context of settler colonialism, the goal of transitional justice must be decolonisation. Settler colonialism operates according to a logic of elimination that aims to affect the disappearance of Indigenous populations in order to build new societies on expropriated land. This eliminatory logic renders the death of Indigenous peoples Bungrievable^. …

Religious Freedom in Theory and Practice

Abstract This study uses the Religion and State round 2 (RAS2) dataset to examine the presence of religious freedom in 177 countries. There are many different conceptions of the meaning of religious freedom but they can be divided into two categories, those which focus on the free exercise of religion—that is the right to practice religion and maintain religious institutions—and those wh…

Retrieving the Differences: the Distinctiveness of the Welfare Aspect of Huma…

Abstract Recently, the idea that all rights are positive and costly has come to prominence in international human rights law. This has been taken to imply that there are no reasons to object to providing economic, social, and cultural rights with the same level of protection than civil and political rights. The present contribution aims to reject this undifferentiated view. It argues that eve…

Religion and Fundamental Rights in European Politics: Convergences and Divisi…

Abstract European legislators must increasingly deal with issues related to fundamental rights. Religion is a frequent topic obliging them to do so. It is not directly part of the EU’s competences but is a source of values underlying policy choices and a tricky political object. Relying on the findings of a survey about what Members of the European Parliament (MEPs) believe and what they do…

Rape and Sexual Violence as Torture and Genocide in the Decisions of Internat…

Abstract International criminal tribunals established by the UN Security Council in the 1990s have been widely acclaimed as active participants in the modern system of dynamic criminal justice. One of their best known achievements is the prosecution of rape and sexual assaults. The International Criminal Tribunal for the Former Yugoslavia (ICTY) and the International Criminal Tribunal for Rwa…

Primary School Teachers’ Understandings of Human Rights and Human Rights Ed…

Edisi

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ISBN/ISSN

1874-6306

Deskripsi Fisik

Human Rights Review (2015) 16:161–182

Judul Seri

Human Rights Review (2015) 16:161–182

No. Panggil

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Policy Responses to Human Trafficking in Southern Africa: Domesticating Inter…

Abstract Human trafficking is increasingly recognized as an outcome of economic insecurity, gender inequality, and conflict, all significant factors in the region of southern Africa. This paper examines policy responses to human trafficking in southern Africa and finds that there has been a diffusion of international norms to the regional and domestic levels. This paper finds that policy chan…

Peoples-Based Permanent Sovereignty over Natural Resources: Toward Functional…

Abstract The international law principle of permanent sovereignty over natural resources posits that governments bear the sovereign rights to manage natural resources on behalf of citizens. That citizens have rights over natural resources at all however detaches from governance realities showcasing citizen marginalization. This necessitates revisiting the issue of what rights citizens actuall…

On Setting Priorities among Human Rights

Abstract Should conflicts among human rights be dealt with by including general principles for priority setting at some prominent place in the practice of human rights? This essay argues that neither setting prominent and principled priorities nor a case-bycase approach are likely to be defensible as general solutions. The main reasons concern how best to realize all human rights for all. Con…

National Constitutional Courts, the Court of Justice and the Protection of Fu…

Abstract This article critically evaluates the possible impact of the Charter on the relationship between the Court of Justice of the European Union (CJEU) and national constitutional courts. While it is premature to provide a definitive assessment of the kind of collaboration that these courts will develop, it is crucial to identify a number of features of the new landscape that will influen…

Legal Invisibility and the Revolution: Statelessness in Egypt

Abstract Recent political turmoil has focused international attention on Egypt, yet there is little awareness of the country’s stateless populations—those who lack legal nationality to any state—or the challenges they face. Individuals in situations of protracted statelessness are denied their right to a nationality, resulting in an array of additional rights violations. Such violations…

Law as a System of Rights: A Critical Perspective

Abstract The “rhetorical incorporation of human rights terminology” into domestic law is the central concern of this article. Over the last 20 years or so, countries have faced international pressure to conform to human rights standards in order to enjoy legitimacy. However, there is a huge gap between what is legalized as “human rights” in domestic laws and what is set forth as “hu…

Lament as Transitional Justice

Abstract Works of human rights literature help to ground the formal rights system in an informal rights ethos. Writers have developed four major modes of human rights literature as follows: protest, testimony, lament, and laughter. Through interpretations of poetry in Carolyn Forché’s anthology, Against Forgetting, and novels from Rwanda, the US, and Bosnia, I focus on the mode of lament, …

Is There a Human Right to Freedom of Religion?

Abstract A human right to freedom of religion is not equivalent to a right to tolerance. Human rights and tolerance-rules serve for different purposes and are based on different justifications. Tolerance-rules serve to protect a peaceful living together with strangers who share no common values. Human rights serve to protect every individual’s personhood. Religion can only be a matter of hu…

Is Species Integrity a Human Right? A Rights Issue Emerging from Individual L…

Abstract Currently, some philosophers and technicians propose to change the fundamental constitution of Homo sapiens, as by significantly altering the genome, implanting microchips in the brain, and pursuing related techniques. Among these proposals are aspirations to guide humanity’s evolution into new species. Some philosophers have countered that such species alteration is unethical and …

Introduction to Special Issue “Understanding Resistance to the EU Fundament…

Edisi

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ISBN/ISSN

1874-6306

Deskripsi Fisik

Human Rights Review (2014) 15:1–12

Judul Seri

Human Rights Review (2014) 15:1–12

No. Panggil

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Intervention and the ‘Justice Cascade’: Lessons from the Special Court fo…

Abstract In the ‘Justice Cascade’, Kathryn Sikkink argues that “foreign prosecutions and international tribunals can be cost-effective alternatives to military intervention.” Yet, the successes of the Special Court for Sierra Leone—in prosecuting former Liberian President Charles Taylor and in imposing accountability on the leaders of all armed groups regardless of political alignme…

Human Rights Without Political Participation?

Abstract John Rawls claims that “benevolent absolutisms” honor human rights without honoring political participation rights. Critics argue that he is mistaken. One objection appeals to the instrumental value of political participation rights. This objection holds that without political participation rights, individuals cannot secure the content of their rights against encroachment. Given …

Human Rights Contention in Latin America: A Comparative Study

Abstract This paper reports original data on contentious challenges, especially protests, focused on human rights in seven Latin American countries from 1981 to 1995. An analysis reveals that human rights contentious challenges are most prevalent where human rights abuses are worse and authoritarianism is present and in countries that are more urbanized. However, the incidence of such human r…

Human Rights and Sovereignty in the ASEAN Path Towards a Human Rights Declara…

Abstract Sovereignty and non-interference principles are trademarks of the Association of South-East Asian Nations (ASEAN) regional approach. Starting from 1993, ASEAN has been developing a process aimed at creating a human rights system. This process reached its acme in August 2013 when the ASEAN Human Rights Declaration (AHRD) was formally launched. In the frame of the tension between sove…

Human Rights and Modernity

Edisi

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ISBN/ISSN

1874-6306

Deskripsi Fisik

Human Rights Review (2014) 15:489–493

Judul Seri

Human Rights Review (2014) 15:489–493

No. Panggil

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Granting Automata Human Rights: Challenge to a Basis of Full-Rights Privilege

Abstract As engineers propose constructing humanlike automata, the question arises as to whether such machines merit human rights. The issue warrants serious and rigorous examination, although it has not yet cohered into a conversation. To put it into a sure direction, this paper proposes phrasing it in terms of whether humans are morally obligated to extend to maximally humanlike automata fu…

Global Governance and the State: Domestic Enforcement of Universal Jurisdiction

Abstract The primary goal of this article is to analyze Belgium’s universal jurisdiction law concerning humanitarian law violations and its relationship to global governance norms. When discussing the notion of universal jurisdiction, there are relatively few empirical situations that scholars can draw on to illuminate the debate. In general, there is a very theoretical orientation to the u…

Gendered Justice Gaps in Bosnia–Herzegovina

Abstract A gendered reading of the liberal peacebuilding and transitional justice project in Bosnia–Herzegovina raises critical questions concerning the quality of the peace one hopes to achieve in transitional societies. By focusing on three-gendered justice gaps—the accountability, acknowledgement, and reparations gaps—this article examines structural constraints for women to engage i…

Fundamental Rights: An Unsettling EU Competence

Abstract For many years, fundamental rights were primarily protected in the European Union (EU) legal order in a negative way; EU institutions and Member States should not infringe fundamental rights when acting within the scope of EU law. However, since the Treaties of Amsterdam and Lisbon, the EU has gained greater competences to develop fundamental rights standards, and new mechanisms for …

Democratic Dreams Neglected in the Land of the Pharaohs: US Democracy Assista…

Abstract This paper examines the Obama Administration’s approach to democracy promotion in Egypt. After a brief discussion of the motivation for promoting democracy, this essay compares the Obama Administration to its predecessor and analyzes the changes that were spurred by the Arab Awakening. Did the Obama Administration, during and after the 2011 Revolution, fully support democratic chan…

Civil Society Actors and EU Fundamental Rights Policy: Opportunities and Chal…

Abstract This paper examines how civil society actors in the EU utilize the political and legal opportunities provided by the EU’s fundamental rights policy to mobilize against discrimination, notably racism, and xenophobia. It emphasizes the multiple enabling roles that this policy provides to civil society associations engaged in judicial activism, political advocacy, and service delivery…

Challenges of Reintegrating Self-Demobilised Child Soldiers in North Kivu Pro…

Abstract Social reintegration of self-demobilised child combatants can be seriously imperilled by the lack of accountability for human rights violations allegedly carried out during their soldiering life and the failure to pursue reconciliation with their respective communities. This paper examines the circumstances leading young soldiers to voluntarily exit armed groups and militias and the …

Can Rights-Based Approaches Enhance Levels of Legitimacy and Cooperation in C…

Abstract Rights-based approaches (RBAs) are increasingly gaining favour among practitioners in the field of natural resource conservation and management. RBAs are a non-binding operational framework through which conservation actors can integrate human rights standards and principles into the design, planning, implementation, monitoring, and evaluation of projects and programmes. In addition …

Burqa Ban, Freedom of Religion and ‘Living Together’

Abstract In the summer of 2014, the European Court of Human Rights ruled that the French 2010 law banning face-covering clothing in public spaces, the so-called burqa ban, did not violate the right to freedom of religion. Due to the ‘wide margin of appreciation’, the Court deemed the ban proportionate to the French state’s legitimate aim with the ban of preserving the conditions of ‘l…

Behind Transformation: The Right to Food, Agricultural Modernisation and Indi…

Abstract The norms and ideals of human rights are increasingly invoked by civil society organisations to construct claims related to land tenure and access to food, particularly to challenge a massive expansion of agricultural investment in a developing country. While this has facilitated negotiations on rights and the formulation of claims, studies that investigate to what extent such endeav…

Ageing with Dignity: Old-Age Pension Schemes from the Perspective of the Righ…

Abstract The ‘dignity and worth of the human person’ emphasised in international human rights instruments resonate strongly in relation to the world’s ageing population, which is projected to be the fastest growing population group in the world and often among the most vulnerable. While elderly persons as a group are heterogeneous and their socio-economic life situation varies significa…

An African Conception of Human Rights? Comments on the Challenges of Relativism

Abstract The belief that human rights are culturally relative has been reinforced by recent attempts to develop more plausible conceptions of human rights whose philosophical foundations are closely aligned with culture-specific ideas about human nature and/or dignity. This paper contests specifically the position that a conception of human rights is culturally relative by way of contesting t…

The Problem with Freedom: Homosexuality and Human Rights in Uganda

The recent backlash against homosexuality in Uganda, culminating in the introduction of the 2009 Anti-Homosexuality Bill, has focused tremendous attention on the role religious activists have played in shaping Ugandan attitudes about sexuality. Drawing on long-term fieldwork among the Ugandan born-again Christians at the center of this controversy, I argue that anti-homosexual rhetoric is anima…