Pub Date : 2019-06-03DOI: 10.1163/22131035-00801001
Saeed Bagheri
{"title":"European Civil Society and Human Rights Advocacy, written by Markus Thiel","authors":"Saeed Bagheri","doi":"10.1163/22131035-00801001","DOIUrl":"https://doi.org/10.1163/22131035-00801001","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/10.1163/22131035-00801001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49662462","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 : 2019-01-01DOI: 10.1007/978-981-10-3894-5
{"title":"International Human Rights and Counter-Terrorism","authors":"","doi":"10.1007/978-981-10-3894-5","DOIUrl":"https://doi.org/10.1007/978-981-10-3894-5","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"144 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2019-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77556110","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 : 2018-11-29DOI: 10.1163/22131035-00702001
K. Campbell
The jurisdiction of the African Court of Justice and Human and Peoples’ Rights (acjhpr) will include international crimes of conflict-related sexual violence (crsv). This article explores the challenges the Court is likely to face in building regional and national accountability for crsv, by considering the lessons that might be learnt from the experiences of the former Yugoslavia in prosecuting these crimes. The article focuses on the two key challenges of developing ‘best practice’ within regional and national courts, and of linking these prosecutions to peace processes and post-conflict reconstruction. To address these challenges, the article argues for a ‘gender justice framework’ of guiding principles to ensure effective and equitable crsv prosecutions.
{"title":"Building National and Regional Accountability for Conflict Related Sexual Violence","authors":"K. Campbell","doi":"10.1163/22131035-00702001","DOIUrl":"https://doi.org/10.1163/22131035-00702001","url":null,"abstract":"The jurisdiction of the African Court of Justice and Human and Peoples’ Rights (acjhpr) will include international crimes of conflict-related sexual violence (crsv). This article explores the challenges the Court is likely to face in building regional and national accountability for crsv, by considering the lessons that might be learnt from the experiences of the former Yugoslavia in prosecuting these crimes. The article focuses on the two key challenges of developing ‘best practice’ within regional and national courts, and of linking these prosecutions to peace processes and post-conflict reconstruction. To address these challenges, the article argues for a ‘gender justice framework’ of guiding principles to ensure effective and equitable crsv prosecutions.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00702001","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46815897","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 : 2018-11-29DOI: 10.1163/22131035-00702005
{"title":"Books Received","authors":"","doi":"10.1163/22131035-00702005","DOIUrl":"https://doi.org/10.1163/22131035-00702005","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00702005","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47969447","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 : 2018-11-29DOI: 10.1163/22131035-00702002
Paul Harpur, M. Stein
This article analyses how disability human rights protections and processes under the United Nations Convention on the Rights of Persons with Disabilities (crpd) have responded to the heightened vulnerability created when disability intersects with indigeneity. It considers the evolution of international human rights law instruments for indigenous persons with disabilities. It further examines the drafting history of the crpd related to indigenous-specific content and examines the crpd Committee’s engagement with the human rights protections and violations of indigenous persons with disabilities. It demonstrates that the crpd Committee has advanced these rights by acknowledging the rights of indigenous persons in the general course of its work, but has fallen short of adequately recognising the special vulnerabilities that are created when disability and indigeneity intersect. This evaluation is illustrated by expounding on the crpd Committee’s recommendation in Noble v Australia, a communication brought by an indigenous person with a ‘mental and intellectual disability’ whose indigenous status was not engaged.
{"title":"Indigenous Persons with Disabilities and the Convention on the Rights of Persons with Disabilities","authors":"Paul Harpur, M. Stein","doi":"10.1163/22131035-00702002","DOIUrl":"https://doi.org/10.1163/22131035-00702002","url":null,"abstract":"This article analyses how disability human rights protections and processes under the United Nations Convention on the Rights of Persons with Disabilities (crpd) have responded to the heightened vulnerability created when disability intersects with indigeneity. It considers the evolution of international human rights law instruments for indigenous persons with disabilities. It further examines the drafting history of the crpd related to indigenous-specific content and examines the crpd Committee’s engagement with the human rights protections and violations of indigenous persons with disabilities. It demonstrates that the crpd Committee has advanced these rights by acknowledging the rights of indigenous persons in the general course of its work, but has fallen short of adequately recognising the special vulnerabilities that are created when disability and indigeneity intersect. This evaluation is illustrated by expounding on the crpd Committee’s recommendation in Noble v Australia, a communication brought by an indigenous person with a ‘mental and intellectual disability’ whose indigenous status was not engaged.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00702002","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48216440","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 : 2018-11-29DOI: 10.1163/22131035-00702004
I. Renzulli
The article provides a critical insight into the legal framework for the prevention of torture in Africa, with specific reference to the Robben Island Guidelines (rig) and its special mechanism, the Committee for the Prevention of Torture in Africa (cpta). The Guidelines undoubtedly represent a milestone in the development of a torture preventive work in Africa. They bring together a number of provisions covering different aspects of the prohibition and prevention of torture. However they do not elaborate and clarify what is meant by prevention as a concept and what it entails as a legal obligation. Furthermore the cpta’s interpretative drive has largely focused on the other, normatively more robust, areas of intervention, namely the prohibition of torture and redress for victims, at times conflating prevention with the prohibition of torture. If it is to live up to its name, the cpta needs to expand its understanding of prevention of torture. This in turn will allow it to play an important role in detecting, collecting, analysing data and information on situations of risk in Africa, and formulating new and appropriate context-sensitive strategies for the effective prevention of torture.
{"title":"Strengthening the Preventive Role of the Committee for the Prevention of Torture in Africa","authors":"I. Renzulli","doi":"10.1163/22131035-00702004","DOIUrl":"https://doi.org/10.1163/22131035-00702004","url":null,"abstract":"The article provides a critical insight into the legal framework for the prevention of torture in Africa, with specific reference to the Robben Island Guidelines (rig) and its special mechanism, the Committee for the Prevention of Torture in Africa (cpta). The Guidelines undoubtedly represent a milestone in the development of a torture preventive work in Africa. They bring together a number of provisions covering different aspects of the prohibition and prevention of torture. However they do not elaborate and clarify what is meant by prevention as a concept and what it entails as a legal obligation. Furthermore the cpta’s interpretative drive has largely focused on the other, normatively more robust, areas of intervention, namely the prohibition of torture and redress for victims, at times conflating prevention with the prohibition of torture. If it is to live up to its name, the cpta needs to expand its understanding of prevention of torture. This in turn will allow it to play an important role in detecting, collecting, analysing data and information on situations of risk in Africa, and formulating new and appropriate context-sensitive strategies for the effective prevention of torture.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00702004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47123199","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 : 2018-11-29DOI: 10.1163/22131035-00702006
This general recommendation provides guidance to States parties on the implementation of their obligations under the Convention on the Elimination of All Forms of Discrimination against Women (the Convention) in relation to disaster risk reduction and climate change. In their reports submitted to the Committee pursuant to article 18, States parties should address general obligations to ensure substantive equality between women and men in all areas of life, as well as the specific guarantees in relation to those rights under the Convention that may be particularly affected by climate change and disasters, including extreme weather events such as floods and hurricanes, as well as slow-onset phenomena, such as the melting of polar ice caps and glaciers, drought and sea-level rise. General recommendation 37 is intended to underscore the urgency of mitigating the adverse effects of climate change and to highlight the steps necessary to achieve gender equality, the realization of which will reinforce the resilience of individuals and communities globally in the context of climate change and disasters. It is also intended to contribute to coherence, accountability and the mutual reinforcement of international agendas on disaster risk reduction and climate change adaptation, by focusing on the impacts of climate change and disasters on women’s human rights including the right to live free from gender-based violence against women and girls, rights to education and information, rights to work and social protection, right to health, right to an adequate standard of living, and right to freedom of movement.
{"title":"General Recommendation No. 37 (2018) on the Gender-Related Dimensions of Disaster Risk Reduction in the Context of Climate Change","authors":"","doi":"10.1163/22131035-00702006","DOIUrl":"https://doi.org/10.1163/22131035-00702006","url":null,"abstract":"This general recommendation provides guidance to States parties on the implementation of their obligations under the Convention on the Elimination of All Forms of Discrimination against Women (the Convention) in relation to disaster risk reduction and climate change. In their reports submitted to the Committee pursuant to article 18, States parties should address general obligations to ensure substantive equality between women and men in all areas of life, as well as the specific guarantees in relation to those rights under the Convention that may be particularly affected by climate change and disasters, including extreme weather events such as floods and hurricanes, as well as slow-onset phenomena, such as the melting of polar ice caps and glaciers, drought and sea-level rise. General recommendation 37 is intended to underscore the urgency of mitigating the adverse effects of climate change and to highlight the steps necessary to achieve gender equality, the realization of which will reinforce the resilience of individuals and communities globally in the context of climate change and disasters. It is also intended to contribute to coherence, accountability and the mutual reinforcement of international agendas on disaster risk reduction and climate change adaptation, by focusing on the impacts of climate change and disasters on women’s human rights including the right to live free from gender-based violence against women and girls, rights to education and information, rights to work and social protection, right to health, right to an adequate standard of living, and right to freedom of movement.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00702006","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46922622","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 : 2018-11-29DOI: 10.1163/22131035-00702003
Taygeti Michalakea
This article examines the corporate criminal liability provision of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol), which is the first to grant an international or regional criminal court jurisdiction over corporations. It analyses the provision in light of the wide substantial jurisdiction of the future criminal law section of the African Court of Justice and Human and Peoples’ Rights, the complementarity provision, the modes of responsibility and demonstrates its strengths and weaknesses. It argues that the corporate criminal liability provision will particularly contribute to a regional quest for justice and accountability against corporate impunity, as it is contextually tailored but also well equipped to address corporate wrongdoing.
{"title":"Article 46C of the Malabo Protocol: A Contextually Tailored Approach to Corporate Criminal Liability and Its Contours","authors":"Taygeti Michalakea","doi":"10.1163/22131035-00702003","DOIUrl":"https://doi.org/10.1163/22131035-00702003","url":null,"abstract":"This article examines the corporate criminal liability provision of the Protocol on Amendments to the Protocol on the Statute of the African Court of Justice and Human Rights (Malabo Protocol), which is the first to grant an international or regional criminal court jurisdiction over corporations. It analyses the provision in light of the wide substantial jurisdiction of the future criminal law section of the African Court of Justice and Human and Peoples’ Rights, the complementarity provision, the modes of responsibility and demonstrates its strengths and weaknesses. It argues that the corporate criminal liability provision will particularly contribute to a regional quest for justice and accountability against corporate impunity, as it is contextually tailored but also well equipped to address corporate wrongdoing.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00702003","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42266532","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 : 2018-11-29DOI: 10.1163/22131035-00702007
{"title":"Contents","authors":"","doi":"10.1163/22131035-00702007","DOIUrl":"https://doi.org/10.1163/22131035-00702007","url":null,"abstract":"","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-11-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00702007","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41798621","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 : 2018-06-19DOI: 10.1163/22131035-00701004
F. Seatzu
This article argues that it is not possible to interpret or apply the International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (Convention on the Rights of Persons with Disabilities or CRPD) and its related Optional Protocol to the Convention on the Rights of Persons with Disabilities without drawing on the texts of other human rights treaties and the related jurisprudence of their judicial or quasi-judicial supervisory bodies. Conversely, it is not possible to supervise the implementation of other human rights treaties, where persons with disabilities are concerned, without drawing on the text of the CRPD and related interpretative conclusions of the Committee on the Rights of Persons with Disabilities (CRPD Committee).
{"title":"The Convention on the Rights of Persons with Disabilities and International Human Rights Law","authors":"F. Seatzu","doi":"10.1163/22131035-00701004","DOIUrl":"https://doi.org/10.1163/22131035-00701004","url":null,"abstract":"This article argues that it is not possible to interpret or apply the International Convention on the Protection and Promotion of the Rights and Dignity of Persons with Disabilities (Convention on the Rights of Persons with Disabilities or CRPD) and its related Optional Protocol to the Convention on the Rights of Persons with Disabilities without drawing on the texts of other human rights treaties and the related jurisprudence of their judicial or quasi-judicial supervisory bodies. Conversely, it is not possible to supervise the implementation of other human rights treaties, where persons with disabilities are concerned, without drawing on the text of the CRPD and related interpretative conclusions of the Committee on the Rights of Persons with Disabilities (CRPD Committee).","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2018-06-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1163/22131035-00701004","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43365439","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}
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