Hybrid journal (It can contain Open Access articles) ISSN (Print) 1461-7781 - ISSN (Online) 1744-1021 Published by Oxford University Press[412 journals]
Authors:Holzer L. Pages: 387 - 411 Abstract: ABSTRACTThis article explores the definition of ‘sportswoman’ as put forward in the Caster Semenya case (2019) and the Dutee Chand case (2015) before the Court of Arbitration for Sport (CAS). It analyses the structural and discursive factors that made it possible for the CAS to endorse a definition that reduces sex and gender to a matter concerning testosterone. By relying on the concept of intersectionality and analytical sensibilities from Critical Legal Studies, the article shows that framing the cases as a matter of scientific dispute, instead of as concerning human rights, significantly influenced the CAS decisions. Moreover, structural elements of international sports law, such as the lack of knowledge of human rights among CAS arbitrators and a history of institutionalising gendered and racialised body norms through sporting regulations, further aided the affirmation of the ‘testosterone rules’. PubDate: Wed, 02 Sep 2020 00:00:00 GMT DOI: 10.1093/hrlr/ngaa020 Issue No:Vol. 20, No. 3 (2020)
Authors:Arstein-Kerslake A; Maker Y, Flynn E, et al. Pages: 412 - 432 Abstract: AbstractResearch has the potential to be a powerful tool for the realisation of the rights of disabled people. However, antiquated research practices continue to marginalise disabled people by excluding them from research; inadequately remunerating them for participation in research; undertaking research that assumes difference; and not including their voice in the leadership design or implementation of research. This article builds on emancipatory, participatory and inclusive research methodologies to introduce a new human rights-based disability research methodology that presents a roadmap to overcome these problems and transform research into a means of rights realisation. It presents a protocol for the methodology that was created by the international Disability Human Rights Research Network. Finally, it explores many challenges that researchers may face when endeavouring to implement the methodology. PubDate: Tue, 01 Sep 2020 00:00:00 GMT DOI: 10.1093/hrlr/ngaa021 Issue No:Vol. 20, No. 3 (2020)
Authors:Heri C. Pages: 433 - 452 Abstract: ABSTRACTIn 1948, Article 17 of the Universal Declaration of Human Rights (UDHR) pioneered a right to (individual and collective) ownership of property. Today, the right to property—specifically the social function of property, which was a mainstay of the discussions—can be linked to the idea of a human right to land, which has been particularly prevalent in the discourse concerning the creation of human rights protections specific to peasants. The peasant rights process highlights a number of normative and implementation gaps in international human rights law, including relating to land use and tenure. The present contribution will argue that the claims made in this context are neither new nor niche but relate to universal human rights entitlements and have existed at least since the drafting of the UDHR. They are not only an iteration of an age-old class struggle but are at the forefront of a contemporary critique of the existing international legal system as a whole. While existing human rights, including the right to property, can be part of a response to these critiques, however, neither peasant rights nor the activists who promote them can be expected to resolve them alone. PubDate: Tue, 15 Sep 2020 00:00:00 GMT DOI: 10.1093/hrlr/ngaa026 Issue No:Vol. 20, No. 3 (2020)
Authors:Nickerson N. Pages: 453 - 479 Abstract: AbstractDoes practice demonstrate the legitimacy of international human rights law' This article explores this question via a case study of the women’s rights movement in Iran. Current human rights sceptics question the system’s legitimacy because of a lack of universality and an excessive top-down approach. However, the Islamic Republic of Iran has a remarkable community of grassroots activists. The bottom-up women’s rights initiative of the One Million Signatures Campaign utilised human rights discourse in combination with local, indigenous values in pursuit of gender equality. The article argues—via the case study of this movement—that there is practical evidence to support a theory of human rights universalism, as positive human rights law empowers the existing subjectivity of individuals. The universal legitimacy of international human rights law does not primarily come from a global network dictating common values, but from members of civil society mobilising their status as rights holders. PubDate: Thu, 17 Sep 2020 00:00:00 GMT DOI: 10.1093/hrlr/ngaa025 Issue No:Vol. 20, No. 3 (2020)
Authors:Leloup M. Pages: 480 - 501 Abstract: ABSTRACTThis article introduces the concept of structural human rights in the context of the European Convention on Human Rights. It starts from the observation that the current understanding of human rights obligations does not account for all the effects that the judgments of the European Court of Human Rights have in practice. To comply with their obligations under the Convention, States Parties may be required to modify their very institutional architecture. The article argues that this is a consequence of structural human rights. These are fundamental rights that, when enforced, may impose structural obligations, requiring changes to a State's governmental structure. The article offers a theoretical underpinning of the concept and indicates the benefits of understanding Convention rights also in a structural way. Furthermore, the notion is conceptualised further by way of an overview of several strands of case law, demonstrating the way in which Convention rights can develop their structural nature and what kind of structural effects they may have. PubDate: Tue, 15 Sep 2020 00:00:00 GMT DOI: 10.1093/hrlr/ngaa024 Issue No:Vol. 20, No. 3 (2020)
Authors:Birkett D. Pages: 502 - 525 Abstract: AbstractThis article examines the human rights implications of the asset freezing processes available to the International Criminal Court and the United Nations Security Council. It does so through the lens of the case law of the European Court of Human Rights and the Inter-American Court of Human Rights, from whose jurisprudence, although not uniform, a number of principles can be distilled. By scrutinising a series of cases decided under the European Convention on Human Rights and American Convention on Human Rights, respectively, the article demonstrates that the rights to the peaceful enjoyment of property and to respect for one’s private and family life, home and correspondence are necessarily implicated by the execution of asset freezing measures in criminal and administrative contexts. The article concludes that, considering the human rights constraints placed on the exercise of their powers, both the International Criminal Court and United Nations Security Council, as well as States acting at their request, must pay attention to this case law with a view to respecting the human rights of those to whom asset freezing measures are applied. PubDate: Fri, 11 Sep 2020 00:00:00 GMT DOI: 10.1093/hrlr/ngaa022 Issue No:Vol. 20, No. 3 (2020)
Authors:Hodžić E. Pages: 526 - 554 Abstract: AbstractConsociational democracy rests on the idea of granting certain collective political rights to the most powerful ethno-cultural groups, in addition to the individual rights of political participation of all citizens. Despite its relative popularity among scholars and international policymakers alike, its collectivist ethos has long been exposed to critique on various grounds, including the perspective of international human rights law. The essence of this critique is the allegation that, by institutionalising ethno-cultural identity as the basis of political participation, consociational arrangements discriminate against persons not belonging to the dominant groups. Focusing on the case of Bosnia and Herzegovina, this article argues that equality analysis of consociational democracies, if taken seriously, illuminates our thinking about the possible compromises between the extremes of liberal individualism of the human rights perspective and inherent collectivism of consociational thought and practice. The article concludes that such compromises are both possible and necessary, but they seem to invite the embracing of additional institutional complexity in devising consociational arrangements. PubDate: Wed, 23 Sep 2020 00:00:00 GMT DOI: 10.1093/hrlr/ngaa029 Issue No:Vol. 20, No. 3 (2020)
Authors:Celiksoy E. Pages: 555 - 581 Abstract: right to voteprisonersexecution of judgmentsCommittee of MinsitersArticle 3 Protocol No 1 European Convention on Human Rights PubDate: Fri, 11 Sep 2020 00:00:00 GMT DOI: 10.1093/hrlr/ngaa027 Issue No:Vol. 20, No. 3 (2020)
Hybrid journal (It can contain Open Access articles)
[412 journals]
