Hybrid journal (It can contain Open Access articles) ISSN (Print) 1461-7781 - ISSN (Online) 1744-1021 Published by Oxford University Press[419 journals]
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Authors:Mejía-Lemos D. Abstract: AbstractThis article seeks to critically analyse salient aspects of environmental protection through international litigation under the American Convention on Human Rights. It examines and places relevant recent developments in the practice of the Inter-American Court of Human Rights within broader trends in the practice of states and treaty organs of both universal and regional human rights systems equally dealing with issues at the intersection of international human rights law and environmental protection. In particular, it aims to take stock of Inter-American human rights-based environmental litigation by identifying opportunities and challenges presented by the aforementioned developments, both in conceptual and strategic terms. In this vein, it argues that, insofar as directness of environmental rights’ justiciability may prove ultimately inconsequential to state responsibility findings for omission to prevent private interference with environment-related human rights, the weaknesses of the Court’s current majority’s position should not pose an unsurmountable obstacle to Inter-American environmental litigation. PubDate: Wed, 18 May 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac015 Issue No:Vol. 22, No. 2 (2022)
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Authors:D’Amour B. Abstract: AbstractThis article scrutinizes the participation of NGOs in advisory proceedings of the African Court on Human and Peoples’ Rights. Contrary to its regional counterparts, the Court allows NGOs to petition for advisory opinions. In addition, NGOs can contribute to its advisory proceedings as amici curiae. Surprisingly, the Court has only delivered two advisory opinions requested by an NGO within the last 15 years. Moreover, the rate of amici interventions by NGOs in this Court’s advisory cases has been exceptionally infrequent. This article views that the less productive use of ACtHPR’s advisory function by NGOs is a loss to the African human rights system and is attributable not only to the Court itself but also to NGOs and State parties to the ACtHPR. It also holds that amici NGOs have been very instrumental to advisory proceedings and having greater participation of amici NGOs would provide concrete benefits to the proceedings. PubDate: Wed, 18 May 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac012 Issue No:Vol. 22, No. 2 (2022)
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Authors:Küçüksu A. Abstract: AbstractWhilst the mobilisation practices of human rights organisations before the European Court of Human Rights (ECtHR) have amassed a significant volume of scholarship, the interest in their role in the post-judgement process pales in comparison. This article seeks to contribute to the reversal of this trend by shining a light on Rule 9 of the Rules of the Committee of Ministers, which establishes an official avenue for non-governmental organisations (NGOs) and national human rights institutions (NHRIs) to participate in the execution, as opposed to the litigation, of ECtHR decisions. Since its adoption in 2006, the procedure has led to 882 HRO communications and 346 government responses in 356 different cases. This article offers a qualitative empirical study of them. It argues that these organisations resort to activation, contextualisation and pragmatic strategies in pursuit of one overarching goal: preventing the premature closure of international supervision of a case. PubDate: Wed, 18 May 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac013 Issue No:Vol. 22, No. 2 (2022)
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Authors:Lane M. Abstract: EtoneDamian, The Human Rights Council: The Impact of the Universal Periodic Review in Africa (Routledge, 2021, xv + 215 pp, £36.99) ISBN 9781032175317 (pb). PubDate: Wed, 18 May 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac016 Issue No:Vol. 22, No. 2 (2022)
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Authors:Michalakea T. Abstract: AbstractAnticorruption efforts in the framework of transitional justice seemingly insert the missing ‘economic’ link and are thus considered to modify its mainstream paradigm and diversify its politics. This article counter argues that, instead, anticorruption efforts reinforce the problematic points and invisibilities of transitional justice and further embed a liberal conceptualization of it. Using the case study of Tunisia, the article contends that anticorruption efforts stepped onto the footprints of the paradigmatic transitional toolbox by decontextualizing and depoliticizing their object of intervention, effectively foreclosing any meaningful engagement with the past, and validating liberal economic agendas in the process. PubDate: Tue, 17 May 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac014 Issue No:Vol. 22, No. 2 (2022)
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Authors:Rachovitsa A; Johann N. Abstract: ABSTRACTThe article discusses the human rights implications of algorithmic decision-making in the social welfare sphere. It does so against the background of the 2020 Hague’s District Court judgment in a case challenging the Dutch government’s use of System Risk Indication—an algorithm designed to identify potential social welfare fraud. Digital welfare state initiatives are likely to fall short of meeting basic requirements of legality and protecting against arbitrariness. Moreover, the intentional opacity surrounding the implementation of algorithms in the public sector not only hampers the effective exercise of human rights but also undermines proper judicial oversight. The analysis unpacks the relevance and complementarity of three legal/regulatory frameworks governing algorithmic systems: data protection, human rights law and algorithmic accountability. Notwithstanding these frameworks’ invaluable contribution, the discussion casts doubt on whether they are well-suited to address the legal challenges pertaining to the discriminatory effects of the use of algorithmic systems. PubDate: Wed, 13 Apr 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac010 Issue No:Vol. 22, No. 2 (2022)
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Authors:Daly A. Abstract: AbstractThose who are under-18 are not often associated with the exercise of political rights. It is argued in this article however that youth-led climate activism is highlighting the extensive potential that children and young people have for political activism. Moreover, youth activists have come to be seen by many as uniquely competent on climate change. Youth activists have moved from the streets to the courts, utilising national and international human rights law mechanisms to further their cause. They are not the first to do so, and the extent of their impact is as yet unclear. Nevertheless, it is argued here that through applications such as Saachi (an application to the Committee on the Rights of the Child) and Duarte Agostinho (an application to the ECtHR) they are shifting the human-centric, highly procedural arena of international human rights law towards an approach which better encompasses person-environment connections. PubDate: Sat, 09 Apr 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac011 Issue No:Vol. 22, No. 2 (2022)
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Authors:Pentney K. Abstract: AbstractThe spread of disinformation has received significant attention in recent years, yet little has been paid to government disinformation, and whether governments may violate freedom of expression not only in how they regulate disinformation, but also in how they facilitate, sow and spread it. This article analyses whether and to what extent Article 10 of the ECHR is engaged by government disinformation. It extends the analysis from well-established violations of freedom of expression—overt censorship and withholding information—into novel forms of government interference in the ‘post-truth’ age: false claims of ‘fake news’ levelled at the press and intentional lies about matters of public importance. These latter categories warrant further attention, as governments can cause just as much harm to public discourse and debate by intentionally injecting falsehoods as by censoring truth. A purposive approach to freedom of expression is needed to protect not only the means of expression, but also the ends—vibrant democratic discourse and meaningful public debate. PubDate: Mon, 04 Apr 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac009 Issue No:Vol. 22, No. 2 (2022)
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Authors:Trotter S. Abstract: AbstractIn recent years, the notion of a ‘right to hope’ has emerged in the jurisprudence of the European Court of Human Rights. This article offers an account of how this right has been constructed and of how hope is conceptualised in European human rights law. It examines the origins of the ‘right to hope’, the meaning of hope in this context and the relationship that is depicted between hope and dignity. It argues that hope is conceived of here as relational and that one way of thinking about the right to hope in this sense is as a right to recognition. This has two dimensions: one involving the recognition of the individual by others and another involving the recognition of the individual in and through law. The latter implies a certain relationship of dependency between the individual and European human rights law, with hope itself coming to be constructed as an individual responsibility. PubDate: Thu, 24 Mar 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac007 Issue No:Vol. 22, No. 2 (2022)
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Authors:Maravall-Buckwalter I. Abstract: AbstractOver the past few decades, the definition of rape has been the focus of widespread attention in international law. However, the circumstance of age-related incapacity in its definition has been left unexplored. While no definition of an age of sexual consent is found in international criminal law, though suggestions have been made in international criminal jurisprudence, other international legal frameworks have included clear and well-defined thresholds in their definitions, i.e. recruitment, trafficking, sale, prostitution, and pornography. This article argues that the vagueness of an undefined threshold in the rape definition, and the existing inconsistencies when compared with the other frameworks, are at odds with the evolving trends in international law on the treatment of consent and child victims. This leaves child rape victims at a comparative disadvantage, especially adolescent girls, who pervasively experience the consequences and harms derived from this vagueness and inconsistency. PubDate: Mon, 21 Mar 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac008 Issue No:Vol. 22, No. 2 (2022)
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Authors:Kamber K. Abstract: AbstractWith the outbreak of the Covid-19 pandemic, the courts almost invariably (although to different degrees) started closing doors to physical presence and a new interest in remote forms of the administration of justice—notably online hearings—has emerged from the margins of legal research and practice. This article focuses on online hearings as the most critical aspect of the remote administration of justice, which still remains, theoretically and empirically, a largely unexplored area of legal process. It discusses the conceptual problems of online hearings from the perspective of European human rights law, notably Article 6 (the right to a fair trial) of the European Convention on Human Rights. On the basis of this assessment, the article identifies the limits to the use of online hearings flowing from the perspective of the right to a fair trial. It also cautions against any injudicious attempts to turn the pandemic-related extraordinary mode of functioning of court hearings into a new ordinary state of affairs and proposes ways in which the associated risks could be averted. PubDate: Mon, 14 Mar 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac006 Issue No:Vol. 22, No. 2 (2022)
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Authors:Brodeală E. Abstract: Gender equality before the European Court of Human Rights (‘ECtHR’) is an underresearched and undertheorized topic.11 This to some extent is not surprising given that the case law of the ECtHR on gender equality is not very rich. The book Courting Gender Justice: Russia, Turkey, and the European Court of Human Rights by Lisa McIntosh Sundstrom, Valerie Sperling and Melike Sayoglu22 masterfully unveils some of the reasons behind the paucity of gender equality cases before the most important human rights court in Europe by exploring the barriers women in Russia and Turkey face in bringing their discrimination claims to Strasbourg. Based on solid interdisciplinary research, written in a very accessible language and putting forward important policy recommendations for improving women’s access to justice across Council of Europe member states, this book should be of great interest for scholars and students from different disciplines as well as for practitioners working in bringing about reform in Russia, Turkey and at the ECtHR. PubDate: Mon, 14 Mar 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac005 Issue No:Vol. 22, No. 2 (2022)
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Authors:Teshome R. Abstract: The draft Convention on the Right to Development is being negotiated under the auspices of the Human Rights Council. This article seeks to explore the merits and the added value of the draft in terms of its normative contents particularly compared with its soft law predecessor—the Declaration on the Right to Development. It argues that the draft is a momentous step in the recognition of the right to development as a human right not only because it is binding, if adopted, but also contains concrete, detailed and implementable norms. While it maintained the abstract and aspirational formulation of norms under the Declaration to a certain extent, the draft also addresses some of the prevailing gaps and limitations of the Declaration. PubDate: Fri, 04 Mar 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac001 Issue No:Vol. 22, No. 2 (2022)
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Authors:Takata H. Abstract: AbstractGrowing concern for the democratic legitimacy of human rights treaty organs calls for the construction of an autonomous conception of ‘democracy’ as a constitutional principle of human rights treaties, and the reconstruction of the roles of treaty organs per that conception. This study responds to this call by proposing an original ‘two-tiered bounded deliberative democracy’ theory that harmonizes human rights with democracy globally. This theory gives priority to national deliberations while setting certain frameworks and limits on them based on the principles and values that have been firmly established through international deliberations, including human rights treaty standards. The theory not only appropriately explains the roles of treaty organs within the conception of democracy but also offers a comprehensive normative framework to guide their roles and interactions with other actors. Even for those who champion different versions of democracy, it offers a solid basis for constructive discussions and fruitful engagement. PubDate: Fri, 04 Mar 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac002 Issue No:Vol. 22, No. 2 (2022)
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Authors:Palombo D. Abstract: AbstractBusiness and human rights litigators have increasingly attempted to hold to account parent companies incorporated in the west for the extraterritorial human rights abuses committed by their subsidiaries and supply chains in the global south. This has met with the criticisms of judges and scholars calling out such attempts as imperialists. The purpose of this article is to address this anti-imperialist critique in the context of the accountability of multinational enterprises. The anti-imperialist critique is based on three fallacies. First, the equal sovereign fallacy: the assumption that developing and developed states are equally able to hold multinationals to account. Second, the transnational commerce fallacy: the acceptance of the transnational use of western laws protecting a particular market or economy, but the refusal to apply the laws aimed at preventing or remediating human rights abuses committed by commercial actors extraterritorially. Third, the public/private divide fallacy: to consider multinational enterprises as purely private actors while ignoring that they were hybrid entities regulated by both private and public laws during colonial times. PubDate: Fri, 04 Mar 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac003 Issue No:Vol. 22, No. 2 (2022)
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Authors:Spiess M; Brodeală E. Abstract: University Research Priority Program PubDate: Fri, 04 Mar 2022 00:00:00 GMT DOI: 10.1093/hrlr/ngac004 Issue No:Vol. 22, No. 2 (2022)
Hybrid journal (It can contain Open Access articles)
[419 journals]
