Hybrid journal (It can contain Open Access articles) ISSN (Print) 1461-7781 - ISSN (Online) 1744-1021 Published by Oxford University Press[409 journals]
Authors:Gligorijević J. Pages: 201 - 229 Abstract: Protecting children’s informational privacy has never been more difficult. To what extent does it depend upon parental control and consent, and how is this factor incorporated into the law seeking to protect children’s informational privacy' This article addresses these questions, considering the relevant jurisprudence of the English courts, in particular under the tort of misuse of private information, and the relevant jurisprudence of the European Court of Human Rights under Article 8 of the European Convention on Human Rights. In this article I argue that the relevant jurisprudence in both jurisdictions reveals a doctrine that prioritises parental control and consent, above the harm of intrusion to the child. This risks laying a legal terrain that does not accommodate the protection and vindication of children’s informational privacy rights when they conflict with the wishes of, or are not actively protected by, that child’s parents. PubDate: Tue, 02 Jul 2019 00:00:00 GMT DOI: 10.1093/hrlr/ngz004 Issue No:Vol. 19, No. 2 (2019)
Authors:Nuzov I. Pages: 231 - 253 Abstract: This article addresses the historic evolution and recent proliferation of memory laws that prohibit symbolic speech in Eastern Europe. A phenomenon of the latter part of the twentieth century, these laws traditionally enabled democracies to defend themselves against extreme ideologies by restricting symbols of totalitarian regimes. An analysis of recently adopted laws in Ukraine and Russia, however, demonstrates a shift away from these aims to restrictions on the use of symbolic speech as measures to counteract external security threats and competing historical narratives. In the climate of ‘memory wars’ in Eastern Europe, these laws are increasingly employed for the politics of memory and are likely to be misused for expedient political gains while running afoul of international human rights law, including freedom of expression and other norms embodied in the European Convention on Human Rights. The article concludes that drafting these types of laws narrowly and derogating from freedom of expression obligations in times of emergency might help to ensure their compliance with international law. PubDate: Fri, 12 Jul 2019 00:00:00 GMT DOI: 10.1093/hrlr/ngz008 Issue No:Vol. 19, No. 2 (2019)
Authors:Rachovitsa A. Pages: 255 - 289 Abstract: The article aims to think anew about the jurisdiction ratione materiae of the African Court on Human and Peoples’ Rights. The Court, based in Arusha, enjoys a distinctive contentious jurisdiction which extends to the interpretation and application of any other relevant human rights instrument ratified by the States concerned. The Court’s striking features set it apart from human rights bodies and most international courts. Its jurisdiction has been received with scepticism and fear arguing that, if the Court extends its jurisdiction over treaties other than the African Charter on Human and Peoples’ Rights, this will lead to jurisprudential chaos and will undermine the formation of the African corpus juris. This article discusses the case law of the Court since 2013, when the Court started functioning, and argues that these concerns are over-emphasized. The analysis underlines the shifting authority of specialized and/or regional courts; the need not to overstress but to appreciate positively instances of divergence; and the consideration of new conceptual and geographical topoi, in which international law is to be found and produced. PubDate: Sat, 27 Jul 2019 00:00:00 GMT DOI: 10.1093/hrlr/ngz010 Issue No:Vol. 19, No. 2 (2019)
Authors:Slingenberg L. Pages: 291 - 314 Abstract: The European Court of Human Rights increasingly deals with migrants’ complaints about destitution in their host state under Article 3 of the European Convention on Human Rights (the prohibition of inhuman and degrading treatment). This case law has been criticized for not being consistent and/or for not providing migrants with enough protection. Based on a systematic case law search, in this article, I analyse Article 3 case law on migrants’ destitution from a new perspective: the concept of freedom as non-domination, as developed in (neo) republican theory. It will argue that, seen through this lens, many tendencies in the Court’s case law can be explained and constructed as consistent, and it is submitted that in this way the Court does provide migrants with important protection against unfreedom. Nevertheless, I also argue in the article that the case law could be improved in a number of ways in order to provide more effective and robust protection against domination. PubDate: Mon, 29 Jul 2019 00:00:00 GMT DOI: 10.1093/hrlr/ngz012 Issue No:Vol. 19, No. 2 (2019)
Authors:Sedacca N. Pages: 315 - 345 Abstract: This article discusses the turn to a focus on criminal prosecution and custodial sentencing in international human rights law. Although it shares the concerns of many critics of the ‘turn’, it does not reject the orientation outright, arguing instead for the role of criminal justice to be seen holistically, encompassing proper consideration of the varied aims it can pursue and be geared towards countering inherent discrimination in criminal justice systems. The analysis is situated in the context of the 2016 peace agreement in Colombia and the attitude taken by human rights groups towards its transitional justice provisions, noting that criticisms raised by one prominent human rights group converged with a campaign against the agreement centred on a right-wing politician hostile to human rights, equality and redistribution. In light of the nuanced views of local civil society actors, it questions whether anti-impunity specifically requires custodial punishment for all international crimes, before assessing the benefits and drawbacks of individual accountability through trials. Finally, it discusses obstacles to the prosecution of powerful state agents and the relationship of the anti-impunity drive with state power. PubDate: Mon, 29 Jul 2019 00:00:00 GMT DOI: 10.1093/hrlr/ngz011 Issue No:Vol. 19, No. 2 (2019)
Authors:Joseph S. Pages: 347 - 368 Abstract: right to lifeHuman Rights Committee General Comment 36Article 6 International Covenant on Civil and Political Rights PubDate: Wed, 24 Apr 2019 00:00:00 GMT DOI: 10.1093/hrlr/ngz003 Issue No:Vol. 19, No. 2 (2019)
Authors:Paz-Fuchs A; Ben-Shahar T. Pages: 369 - 386 Abstract: sex or gender segregationreligious schoolseducation, discriminationBrown v Board of Education schoolsX School v OfstedAl-Hijrah v Ofsted PubDate: Tue, 09 Jul 2019 00:00:00 GMT DOI: 10.1093/hrlr/ngz009 Issue No:Vol. 19, No. 2 (2019)
Authors:Berry S. Pages: 387 - 391 Abstract: Jeroen Temperman and András Koltay’s edited collection, Blasphemy and Freedom of Expression: Comparative, Theoretical and Historical Reflections after the Charlie Hebdo Massacre, provides an in-depth and nuanced exploration of the laws regulating blasphemy and related concepts including religious insult, defamation of religions and religious hatred, from the perspective of freedom of expression. While the Charlie Hebdo massacre provides the inspiration behind this timely volume, its treatment of the subject matter extends significantly past this one event to a comprehensive and sophisticated analysis of the often neglected topic of blasphemy laws in the West. In the introduction, co-authored by Temperman and Koltay, the editors of the volume signal their intention to explore three key themes or issues: first, is the operation of blasphemy laws in the West, ‘exactly how “dormant” these laws are’ and why States are increasingly repealing these laws (pp 2–4). Second, they seek to explore the fragmentation within international law in relation to the acceptability of blasphemy laws from the perspective of freedom of expression, focusing, in particular, on the discrepancy between the approach of the European Court of Human Rights (ECtHR) on the one hand and other human rights mechanisms on the other, including the United Nations (UN) Human Rights Committee, Special Rapporteurs and the Rabat Plan of Action (pp 4–9). Finally, this volume seeks to unveil the variety of perspectives within ‘Western’ legal doctrine concerning the acceptability of blasphemy laws (pp 9–12). In so doing, the edited collection provides a comprehensive overview of both the current situation and contemporary debates surrounding blasphemy and freedom of expression in the West. PubDate: Thu, 13 Jun 2019 00:00:00 GMT DOI: 10.1093/hrlr/ngz006 Issue No:Vol. 19, No. 2 (2019)
Authors:Cittadino F. Pages: 393 - 398 Abstract: More than a decade has passed since the adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP),11 an exceptional instrument that has both consecrated the struggle of indigenous peoples as a legitimate international concern and provided valid responses to indigenous claims. Can the UNDRIP have an impact on the struggle of other groups' And why are indigenous rights high on the UN and the international agenda' In Seeking Justice in International Law: The Significance and Implications of the UN Declaration on the Rights of Indigenous Peoples Barelli provides a response to these important and underexplored questions, comparing the special status of indigenous peoples to that of other minorities that share some characteristics with indigenous groups. The main question addressed in the book is whether the UNDRIP has marked a consistent trend in international law as a legal system ‘that promises to provide valid responses to the demands for justice of disempowered and vulnerable groups’ (p 4). PubDate: Thu, 13 Jun 2019 00:00:00 GMT DOI: 10.1093/hrlr/ngz007 Issue No:Vol. 19, No. 2 (2019)
Hybrid journal (It can contain Open Access articles)
[409 journals]
