Abstract: Scholars of literature and human rights have been waiting for a work like James Dawes' The Novel of Human Rights for a while. As literature and human rights conferences, programs, and classes started to take off with the inaugural address at the Modern Language Association meeting in 2007, there has been a collection of novels that have come to be read, studied, and taught as human rights novels. While scholars, teachers, and readers have not quite branded them as such, and while far from being a canon, there is a tacit understanding that some novels count as human rights novels while others do not. With Dawes' book, scholars can now develop more clarity on what constitutes a human rights novel. By identifying key ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: First, a word about the title of the book: "Bugsplat" was the unfortunate moniker of a 2003 Pentagon software package designed to model and mitigate collateral damage caused by US airstrikes. If one wanted to telegraph the banality of killing civilians in war, one could not choose a better image than that of an insect plastered on a windshield (that is what a bomb's "probable damage field" resembled). It is hard to say which is more surprising: how acronym-free and bluntly un-Pentagonese the name was; or, in light of the attention showered on civilian protections in recent years, that defense officials would choose such a flippantly dehumanizing title in the first place. True to form, the Pentagon later changed the ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: At a couple of random times in my professional life, I have, as a matter of drafting, confronted a human rights issue involving life imprisonment. These experiences whetted my appetite for more information on the general issue. Dirk van Zyl Smit and Catherine Appleton1 have assuaged that appetite beyond my wildest dreams. With the plethora of factual and legal ammunition of their book in hand, I would have felt far more comfortable on these random occasions.The first of my experiences came in the late 1980s, when I was a member of the former UN Committee on Crime Prevention and Control during the development of the UN Model Treaty on Extradition.2 We devised an optional ground for extradition refusal wherein "the ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: Anaya-Muñoz, Alejandro, Bringing Willingness Back in: State Capacities and the Human Rights Compliance Deficit in Mexico, 41(2) Hum. Rts. Q. 441 (2019)Avnon, Dan & Danielle Celermajer, Human Rights Under "Democratic" Pressure: Navigating a Path Between Truth and Politics, 41(3) Hum. Rts. Q. 672 (2019)Ba, Oumar, Who Are the Victims of Crimes Against Cultural Heritage', 41(2) Hum. Rts. Q. 578 (2019)Barnert, Elizabeth, Nathalie Lopez, Philippe Bourgois, Gery Ryan, Paul J. Chung & Eric Stover, My Child's Journey Home: Perspectives of Adult Family Members on the Separation and Reunification of the "Disappeared" Children of El Salvador, 41(1) Hum. Rts. Q. 91 (2019)Bourgois, Philippe, Nathalie Lopez, Elizabeth Barnert ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: In the regressive United States of 2019, only some people are permitted to speak without repercussion, and even fewer are permitted to craft the narratives its leaders will deploy. Fascism and nativism1 are on the rise, and world leaders experimenting with regressive politics appear to be scaling back, not expanding, rights.2 Regressive regimes share certain anti-immigrant and misogynist policies: they adopt laws restricting women's rights3; they demean women in positions of authority in an attempt to chill the scope of their speech, power, and presence within the public sphere; and they scapegoat immigrants for the ills befalling their countries.4Nativism, a particular kind of regressive political regime, is ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: There is no broadly accepted understanding of the term indigeneity. It gained currency only in the last forty years and has always been indeterminate in meaning.1 It is indeterminate even as the core term for a global political project that seeks rights and recognition for any number of "indigenous" peoples. In its indeterminacy, the term allows very different groups to claim indigeneity and to claim it in very different ways. In Brazil, for example, "previously assimilated, northeastern Brazilian tribes; peoples in Africa and Asia who would not otherwise meet a definition that requires European colonization or 'firstness' in time; and those, such as the Roma or Gypsies, who do not have a homeland (even an imagined ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: The establishment of the International Criminal Court (ICC) is generally considered to be a cardinal achievement in the history of the pursuit of global justice. In its early years, the ICC appeared to fulfill the promise and aspirations of international human rights law to enforce individual accountability and to end impunity. However, the euphoria and natural hopefulness that accompanied the adoption of the Rome Statute has since given way to a contemporary backlash moment that highlights the limitations of supranational tribunals as well as the incapacities of criminal law, and especially international criminal law, to address structural injustice.1 The ICC, for instance, has attracted a variety of academic and ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: Impunity is typically known not for what it is, but for what it is not, namely, the absence of accountability: the low point on a scale of values rising toward the holding of perpetrators to account.1 Substantive accountability is achieved via measures for "truth, justice, and redress".2 Impunity, by contrast, lacks a presence of its own. It consists of the failure to do something that ought to have been done. Like the violence that precedes it, impunity is marked by inadequate respect for, or compliance with, the standards of international law and values of human rights.3 It is known for what it is not, rather than for what it is; signaled by a want for political courage, or means, or skills.4This manner of ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: It is by now a conventional wisdom that the global rise of human rights norms in the course of the twentieth century has entailed numerous interventions in the internal affairs of states, overwhelmingly by Western liberal democracies, on behalf of the victims of human rights violations. Military humanitarian interventions are but one variant of this interventionism, which has also manifested itself in international criminal prosecutions of rights violations, aid conditionality, rights-based approaches to development, and democracy promotion.1 Liberal interventionism thus constitutes a bundle of different intervention norms and practices, which have historically co-evolved.2 And yet, this article seeks to ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: The basic moral intuition behind the human right to water is deeply compelling. Water scarcity affects a large and increasing portion of the population. One in ten people globally (663 million) do not have access to safe water sources.1 By 2025, the United Nations expects that 1.8 billion people will live in regions facing "absolute water scarcity," with two-thirds of the world's population experiencing some form of water stress.2 Global water consumption has been rising at double the rate that the population has been increasing.3 Since the 1970s, renewable internal freshwater resources per capita have decreased more than 50 percent.4 Many countries consume water—for agriculture, industry, and energy production—at ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: In the past three decades, considerable attention has been paid to violence against women (VAW) in human rights.1 While traditionally a matter for national law, today several international legal instruments oblige state parties to protect victims from gender-based violence.2 The introduction of judicial protection orders (POs) is an expression of this duty to protect. Protection orders can be defined as prohibitions on approaching or contacting another person, issued by a court, prosecutor, police, or administrative body. National procedural law doctrines, however, have not been particularly adaptive to the demands from international law. The implications of this lack of flexibility of the civil and criminal ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: Throughout history there have been numerous characters that have impacted a process, time, or period of life, but for various reasons, they have unfortunately been relegated to the general oblivion, barely survived but for the people closest to them who remember their works. A clear example is Hernán Santa Cruz Barceló, a virtually unknown dimplomat for new generations, despite being a man who left a deep impression on others not only in the context of international diplomacy, but in the vision of the most significant institution in international history of the latter half of the twentieth century, the United Nations.Influenced by a family environment of enlightened bourgeoisie and public servants, Santa Cruz, a ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: At the initial stage of the founding of the United Nations, one Chinese individual played an important role and became a core leader in the process of constructing the international protection system of human rights. This person was the talented Chinese representative Pengchun Chang. By the historic opportunity of drafting the UDHR, and through his engagement and cooperation at the UN level, P. C. Chang made great contributions in achieving a common standard in the protection of human rights for all peoples and all nations around the world, as well as authoring an important historical chapter in the international protection of human rights. With his outstanding talents as an educator, philosopher, dramatist ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: Had it not been for the persistence of capital punishment in the United States, Article 36 of the Vienna Convention on Consular Relations (VCCR) would likely have remained an obscure treaty provision, little known and honored in the breach throughout the country. After all, the treaty generated little controversy in the two decades after the US Senate gave its advice and consent to ratification. Dedicated largely to the functions and immunities of consular posts, the treaty contains only a few provisions bearing on the rights of detained individuals. Article 36, however, provides that detained foreign nationals have the right to communicate with consular officials and to have consular posts notified of their ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: In practical thought, we are often concerned with people's lives, their success, and the goals they have. There is a unifying concept underlying these concerns, which we may call "well-being". Well-being is the measure of the success of a person's life. When we determine a person's well-being, we determine how successful their life is, has been, or will be. The measurement of the success of a person's life (i.e., their well-being) largely depends on their goals. There is an important link between this philosophical concept of well-being and contemporary economic measurements of well-being. In economics, one tends to use incomes and commodities as the basis for assessing well-being. While the reliance on such ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: Torture is as old as the world is long. Perillos was a bronze worker in ancient Athens who invented a device called the brazen bull. Designed in the shape of a real bull but hollow inside, it was just large enough to contain a man. When the victim screamed in protest of his incarceration, an acoustic device inside the bull transformed the screams into what sounded like the bellows of a real bull emanating from the nostrils. Eventually a fire was lit under the bronze animal and the resident was slowly burnt to death.If torture is an ancient "art," systematic attempts to understand and eradicate it are of more recent origin. As human rights organizations grew stronger and more prolific in the mid-to-late 20th ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
Abstract: Women in the Crossfire, a book by philosopher Robert Paul Churchill, is a significant contribution to efforts to understand honor killing. Too many works speak generally about gender-based violence. By focusing just on one type of gender-based violence, Professor Churchill is able to give us a number of insights into the crime than would otherwise be possible. True to his philosopher roots, he spends significant time in defining honor killings and distinguishing them from other crimes, such as crimes of passion, domestic violence, and politically-motivated violence. Defining honor killings allows him to better investigate its history, scope, causes, and solutions. Churchill explores honor killing from an empirical ... Read More Keywords: Human rights quarterly PubDate: 2019-10-14T00:00:00-05:00
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