Pub Date : 2019-09-12DOI: 10.1017/9781108564588.016
{"title":"Index","authors":"","doi":"10.1017/9781108564588.016","DOIUrl":"https://doi.org/10.1017/9781108564588.016","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"43 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74180546","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-12DOI: 10.1017/9781108564588.007
{"title":"Respecting human rights: avoiding interference","authors":"","doi":"10.1017/9781108564588.007","DOIUrl":"https://doi.org/10.1017/9781108564588.007","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"111 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73038091","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-09-12DOI: 10.1017/9781108564588.009
{"title":"Fulfilling human rights: progressive realization","authors":"","doi":"10.1017/9781108564588.009","DOIUrl":"https://doi.org/10.1017/9781108564588.009","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"79 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"85271527","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-08-01DOI: 10.4337/9781847207210.00009
Sonia E. Rolland, David M. Trubek
{"title":"Table of Treaties and Conventions","authors":"Sonia E. Rolland, David M. Trubek","doi":"10.4337/9781847207210.00009","DOIUrl":"https://doi.org/10.4337/9781847207210.00009","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74897738","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-03DOI: 10.1163/22131035-00801004
{"title":"Guiding Principles on the Human Rights Obligations of States to Provide Public Education and to Regulate Private Involvement in Education (The Abidjan Principles)","authors":"","doi":"10.1163/22131035-00801004","DOIUrl":"https://doi.org/10.1163/22131035-00801004","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00801004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41374197","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-03DOI: 10.1163/22131035-00801002
M. Nikouei, M. Zamani
What does the protection or prohibition of a speech tell us about the tripartite relationship between political power, democracy and rights? This question has somehow underscored the jurisprudence of the European Court of Human Rights in hate speech cases for more than a half century. We argue that this question has invariably placed the Court in an uneasy position, which is, choosing between a democracy empowered by unlimited freedom of speech, but with recurrent social tensions, and a democracy with rather strict hate speech laws, but at ease with different segments of population. That said, the jurisprudence of the European Court outlines a pattern by which to identify a specific direction for the evolution of rights and democracy. This article considers this pattern. Not only does this article, examine the pattern in the Court’s and the Commission’s jurisprudence, but it also argues that this pattern unfolds a subtle presence of Hobbesian and Lockean theories of political power and the limits in its midst. By invoking this presence, we indicate how the debate in the jurisprudence of the European Court has shifted from the language of protecting democracy to that of rights.
关于政治权力、民主和权利三者之间的关系，言论的保护或禁止告诉了我们什么?这个问题在某种程度上强调了半个多世纪以来欧洲人权法院(European Court of Human Rights)在仇恨言论案件中的判例。我们认为，这个问题总是使最高法院处于一种不安的境地，即在一种享有无限言论自由的民主政体和一种有着相当严格的仇恨言论法律的民主政体之间做出选择，但这种民主政体经常出现社会紧张局势，但与不同的人口群体相处融洽。尽管如此，欧洲法院的判例概述了一种模式，据此可以确定权利和民主发展的具体方向。本文将考虑这种模式。本文不仅考察了法院和委员会的法理学模式，而且还认为，这种模式揭示了霍布斯和洛克关于政治权力及其限制的理论的微妙存在。通过援引这一存在，我们表明欧洲法院判例中的辩论如何从保护民主的语言转变为保护权利的语言。
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Pub Date : 2019-06-03DOI: 10.1163/22131035-00801005
{"title":"Books Received","authors":"","doi":"10.1163/22131035-00801005","DOIUrl":"https://doi.org/10.1163/22131035-00801005","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-06-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00801005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43114222","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2019-06-03DOI: 10.1163/22131035-00801006
G. Giannoumis, M. Stein
Universal Design aims to ensure that everyone can equally use products, environments, programs, and services. This article examines the theoretical underpinnings and potential application of universal design by exploring its evolution through human rights and disability rights laws and policies. It is maintained that universal design arises from the complex relationship between human rights, disability rights, and access to and use of technology. Consequently, it is argued that in relation to the information society, it is most capable of promoting equal access and use of technology in three ways. First, universal design can increasingly account for human diversity. Second, universal design can progressively eliminate barriers to accessibility and usability. Third, universal design can augment broader participation in the design and development of technology. Conceptualising universal design foundations of usability and accessibility of technology as universal human rights precepts embraces social equality for everyone, and incorporates important but currently exclusive disability rights precepts.
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Pub Date : 2019-06-03DOI: 10.1163/22131035-00801007
María Augusta León Moreta
In Latin America extractive operations have given rise to the loss and environmental degradation of indigenous peoples’ territories. This, in turn, has implied the denial of the access of indigenous peoples to essential resources for their cultural, economic and social development. To compensate the loss of their livelihood, the Inter-American Court on Human Rights, states, multinational and financial institutions have recognised the right of indigenous peoples to benefit sharing. This article analyses the impact of this mechanism on indigenous peoples’ lives. While the definition and scope of benefit sharing is still being shaping at international level, its implementation depends on the political and economic interests at national level. The case of Shuar communities in Ecuador affected by the Mirador and San Carlos Panatza mining project illustrates how a top-down hierarchical approach to implementation leads to violent confrontation between state, corporations and indigenous peoples.
在拉丁美洲，采掘作业造成土著人民领土的损失和环境退化。这反过来又意味着剥夺土著人民获得其文化、经济和社会发展所需的基本资源的机会。为了补偿他们失去的生计，美洲人权法院、各国、跨国公司和金融机构都承认土著人民享有利益分享的权利。本文分析了这一机制对土著人民生活的影响。虽然利益分享的定义和范围仍在国际层面形成，但其实施取决于国家层面的政治和经济利益。受Mirador和San Carlos Panatza矿业项目影响的厄瓜多尔Shuar社区的案例表明，自上而下的分级执行方式如何导致国家、公司和土著人民之间的暴力对抗。
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Pub Date : 2019-06-03DOI: 10.1163/22131035-00801003
Tom Obokata
This article explores the key obligations imposed upon States under international human rights law to combat transnational organised crime. It begins by highlighting a number of human rights which are affected by various forms of organised crime, such as the rights to life, liberty and security, health, property, culture, as well as the prohibition on slavery/forced labour and other inhuman or degrading treatments. The article then analyses the key obligations imposed upon States under international human rights law, with particular reference to (1) investigation, prosecution and punishment, (2) protection of victims and (3) prevention. The main conclusion reached is that international human rights law is indeed useful as it encourages States to adopt a holistic approach capable of addressing the complex and multi-faceted nature of transnational organised crime beyond simple criminal justice responses.
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