Pub Date : 2022-07-03DOI: 10.1080/18918131.2022.2131308
N. P. Vásquez
ABSTRACT Sexual and reproductive health and rights (SRHR) have been insufficiently addressed in transitional justice literature. Based on findings collected during extensive fieldwork in Timor-Leste, this article contributes to the emerging field by offering insights into how women’s SRHR were taken into account by the trials and the truth commission implemented after the conflict. The article reveals the barriers women encountered in accessing these transitional justice mechanisms, while drawing on examples from other jurisdictions to show the systematic underreporting and the neglect of these rights in a global context. The article contributes to the evaluation and analysis of the impact of transitional justice, but also highlights an area of violence against women that has been neglected in post-conflict environments and the importance of fieldwork in framing human rights discourses.
{"title":"Last On the List: The Protection of Sexual and Reproductive Health and Rights in Timor-Leste’s Transitional Justice Process","authors":"N. P. Vásquez","doi":"10.1080/18918131.2022.2131308","DOIUrl":"https://doi.org/10.1080/18918131.2022.2131308","url":null,"abstract":"ABSTRACT Sexual and reproductive health and rights (SRHR) have been insufficiently addressed in transitional justice literature. Based on findings collected during extensive fieldwork in Timor-Leste, this article contributes to the emerging field by offering insights into how women’s SRHR were taken into account by the trials and the truth commission implemented after the conflict. The article reveals the barriers women encountered in accessing these transitional justice mechanisms, while drawing on examples from other jurisdictions to show the systematic underreporting and the neglect of these rights in a global context. The article contributes to the evaluation and analysis of the impact of transitional justice, but also highlights an area of violence against women that has been neglected in post-conflict environments and the importance of fieldwork in framing human rights discourses.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"1 1","pages":"419 - 440"},"PeriodicalIF":0.4,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89624588","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 : 2022-07-03DOI: 10.1080/18918131.2022.2135817
P. McAuliffe
ABSTRACT Most development objectives overlap with socio-economic rights. It might therefore be assumed that human rights-based approaches to development would imply the strict application of socioeconomic rights principles derived from Article 2(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Twenty years of rights-based development reveal a more ambivalent practice. Accountability is understood primarily in democratic terms associated with participation and empowerment, as opposed to legal terms implying a violations-based framework familiar from the doctrinal development of the ICESCR. Rather than stemming from scepticism about socioeconomic rights as rights, this reflects a discrepancy between the normative and operational levels of rights-based development that in turn follows from a reluctance to inscribe clear legal principles relating to all categories of rights into practice. Socioeconomic rights principles find their greatest application in their programmatic role, integrated loosely as standards in donor, multilateral organisation, and NGO development policies. This is indicative of the reality that socio-economic rights are generally employed not as something to be enforced primarily in a court of law, but as morally serious and politically compelling criteria with which to modify the state's traditional development aspirations of moving numbers of undifferentiated individuals beyond a threshold of service provision.
{"title":"The Ambivalent Status of Socio-Economic Rights in Human Rights-Based Approaches to Development","authors":"P. McAuliffe","doi":"10.1080/18918131.2022.2135817","DOIUrl":"https://doi.org/10.1080/18918131.2022.2135817","url":null,"abstract":"ABSTRACT Most development objectives overlap with socio-economic rights. It might therefore be assumed that human rights-based approaches to development would imply the strict application of socioeconomic rights principles derived from Article 2(1) of the International Covenant on Economic, Social and Cultural Rights (ICESCR). Twenty years of rights-based development reveal a more ambivalent practice. Accountability is understood primarily in democratic terms associated with participation and empowerment, as opposed to legal terms implying a violations-based framework familiar from the doctrinal development of the ICESCR. Rather than stemming from scepticism about socioeconomic rights as rights, this reflects a discrepancy between the normative and operational levels of rights-based development that in turn follows from a reluctance to inscribe clear legal principles relating to all categories of rights into practice. Socioeconomic rights principles find their greatest application in their programmatic role, integrated loosely as standards in donor, multilateral organisation, and NGO development policies. This is indicative of the reality that socio-economic rights are generally employed not as something to be enforced primarily in a court of law, but as morally serious and politically compelling criteria with which to modify the state's traditional development aspirations of moving numbers of undifferentiated individuals beyond a threshold of service provision.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"110 1","pages":"481 - 502"},"PeriodicalIF":0.4,"publicationDate":"2022-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79020626","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 : 2022-06-14DOI: 10.1080/18918131.2022.2082671
Therese Boje Mortensen
{"title":"Non-Governmental Organisations and the United Nations Human Rights System","authors":"Therese Boje Mortensen","doi":"10.1080/18918131.2022.2082671","DOIUrl":"https://doi.org/10.1080/18918131.2022.2082671","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"92 1","pages":"584 - 587"},"PeriodicalIF":0.4,"publicationDate":"2022-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75353791","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 : 2022-04-03DOI: 10.1080/18918131.2022.2094131
Annika Frida Petersen
ABSTRACT This article takes a critical look at potential human rights violations around access to late-term abortion following sexual assault in Danish law. Based on access to decisions from the country’s regional abortion councils combined with interviews with members of the abortion councils, the article sheds light on how national legislation and decision-making practices can lead to additional violations of the integrity of applicants who have survived sexual violence. A systematic failure to apply human rights consideration in the councils’ practices is revealed, and suggestions for changes that would bring Danish law and decision-making practices in line with the human rights framework are proposed.
{"title":"Accessing Late-Term Abortion Following Sexual Assault: Looking Inside the Danish Legal Black Box","authors":"Annika Frida Petersen","doi":"10.1080/18918131.2022.2094131","DOIUrl":"https://doi.org/10.1080/18918131.2022.2094131","url":null,"abstract":"ABSTRACT This article takes a critical look at potential human rights violations around access to late-term abortion following sexual assault in Danish law. Based on access to decisions from the country’s regional abortion councils combined with interviews with members of the abortion councils, the article sheds light on how national legislation and decision-making practices can lead to additional violations of the integrity of applicants who have survived sexual violence. A systematic failure to apply human rights consideration in the councils’ practices is revealed, and suggestions for changes that would bring Danish law and decision-making practices in line with the human rights framework are proposed.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"10 1","pages":"389 - 406"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83706331","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 : 2022-04-03DOI: 10.1080/18918131.2021.1964788
Andrea Silkoset, Margot Igland Skarpeteig
ABSTRACT What causes variation in the prevalence of sexual violence across genocides? We examine the conditions under which sexual violence may be used as a strategy of genocide, and the power dynamics in institutions at the state- and group-level. In order to explore the dynamics of sexual violence in genocidal campaigns we conduct a comparative study with two cases: the Bengali genocide of 1971, in which there were high levels of sexual violence, and the Kurdish genocide of 1987–1989, in which the levels of sexual violence were low. Our findings may shed light on the behaviour of armed groups and the dynamics of genocidal violence. We find that micro-dynamics and individual behaviour better explain repertoires of genocidal violence than purely structural approaches. In the two cases, there seems to be a causal link between group leaders’ control and the prevalence of sexual violence. The attitude and behaviour of leaders – particularly military leaders – could immensely affect armed group’s repertoire of violence. If they choose to do so, commanders are capable of building institutions to prevent rape.
{"title":"Why do the Levels of Sexual Violence Vary Across Genocides? A Comparison of the Bengali and Kurdish Genocides","authors":"Andrea Silkoset, Margot Igland Skarpeteig","doi":"10.1080/18918131.2021.1964788","DOIUrl":"https://doi.org/10.1080/18918131.2021.1964788","url":null,"abstract":"ABSTRACT What causes variation in the prevalence of sexual violence across genocides? We examine the conditions under which sexual violence may be used as a strategy of genocide, and the power dynamics in institutions at the state- and group-level. In order to explore the dynamics of sexual violence in genocidal campaigns we conduct a comparative study with two cases: the Bengali genocide of 1971, in which there were high levels of sexual violence, and the Kurdish genocide of 1987–1989, in which the levels of sexual violence were low. Our findings may shed light on the behaviour of armed groups and the dynamics of genocidal violence. We find that micro-dynamics and individual behaviour better explain repertoires of genocidal violence than purely structural approaches. In the two cases, there seems to be a causal link between group leaders’ control and the prevalence of sexual violence. The attitude and behaviour of leaders – particularly military leaders – could immensely affect armed group’s repertoire of violence. If they choose to do so, commanders are capable of building institutions to prevent rape.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"71 1","pages":"365 - 388"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84929015","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 : 2022-04-03DOI: 10.1080/18918131.2022.2040863
Hinako Takata
ABSTRACT Although they fall outside of the traditional sources of international law, the Principles relating to the Status of National Institutions (Paris Principles) have enjoyed an authoritative value in international human rights law. International human rights bodies have increasingly permitted Paris Principles-compliant national human rights institutions (NHRIs) to participate in their activities not as part of the state but in the institutions’ own capacity, and have required states to establish NHRIs or strengthen existing NHRIs in accordance with the Paris Principles. How, then, are the Paris Principles interpreted? This study critically analyses the three principles governing the interpretation of the Paris Principles – the dynamic interpretation principle, the normative gradation principle, and the overall evaluation principle – through a comprehensive examination of the practice of the Global Alliance of National Human Rights Institutions (GANHRI), and makes recommendations for their improvement and consolidation.
{"title":"How are the Paris Principles on NHRIs Interpreted? Towards a Clear, Transparent, and Consistent Interpretative Framework","authors":"Hinako Takata","doi":"10.1080/18918131.2022.2040863","DOIUrl":"https://doi.org/10.1080/18918131.2022.2040863","url":null,"abstract":"ABSTRACT Although they fall outside of the traditional sources of international law, the Principles relating to the Status of National Institutions (Paris Principles) have enjoyed an authoritative value in international human rights law. International human rights bodies have increasingly permitted Paris Principles-compliant national human rights institutions (NHRIs) to participate in their activities not as part of the state but in the institutions’ own capacity, and have required states to establish NHRIs or strengthen existing NHRIs in accordance with the Paris Principles. How, then, are the Paris Principles interpreted? This study critically analyses the three principles governing the interpretation of the Paris Principles – the dynamic interpretation principle, the normative gradation principle, and the overall evaluation principle – through a comprehensive examination of the practice of the Global Alliance of National Human Rights Institutions (GANHRI), and makes recommendations for their improvement and consolidation.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"208 1","pages":"285 - 305"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77555616","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 : 2022-04-03DOI: 10.1080/18918131.2022.2033518
A. Giordano
{"title":"Postgenocide: Interdisciplinary Reflections on the Effects of Genocide","authors":"A. Giordano","doi":"10.1080/18918131.2022.2033518","DOIUrl":"https://doi.org/10.1080/18918131.2022.2033518","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"23 1","pages":"407 - 409"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84676253","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 : 2022-04-03DOI: 10.1080/18918131.2022.2085007
I. Westendorp
ABSTRACT Asylum seekers who enter the European Union (EU) need temporary housing while awaiting the outcome of their asylum application procedures. It is unclear, however, which conditions must be fulfilled to achieve the goal defined by the EU that asylum seekers enjoy an ‘adequate standard of living’, including housing. Because this goal is only described in general terms, there are large differences in asylum seekers’ accommodation in and among EU member states. This article argues that multiple purposes would be served if the EU would adopt a right to adequate shelter for asylum seekers as a common accommodation standard with well described material conditions. In order to determine whether there would be a legal basis for a right to adequate shelter, and which conditions should be met, the article presents relevant sources of human right law and EU law. It also consults scholarly articles, NGO reports, blogs, and newspapers. An examination of the actual reception circumstances shows that several problems need to be addressed. Based on this analysis, I argue that the conditions for adequate shelter encompass safety, dignity, adequate structure, appropriate space and facilities, and temporariness.
{"title":"A Right to Adequate Shelter for Asylum Seekers in the European Union","authors":"I. Westendorp","doi":"10.1080/18918131.2022.2085007","DOIUrl":"https://doi.org/10.1080/18918131.2022.2085007","url":null,"abstract":"ABSTRACT Asylum seekers who enter the European Union (EU) need temporary housing while awaiting the outcome of their asylum application procedures. It is unclear, however, which conditions must be fulfilled to achieve the goal defined by the EU that asylum seekers enjoy an ‘adequate standard of living’, including housing. Because this goal is only described in general terms, there are large differences in asylum seekers’ accommodation in and among EU member states. This article argues that multiple purposes would be served if the EU would adopt a right to adequate shelter for asylum seekers as a common accommodation standard with well described material conditions. In order to determine whether there would be a legal basis for a right to adequate shelter, and which conditions should be met, the article presents relevant sources of human right law and EU law. It also consults scholarly articles, NGO reports, blogs, and newspapers. An examination of the actual reception circumstances shows that several problems need to be addressed. Based on this analysis, I argue that the conditions for adequate shelter encompass safety, dignity, adequate structure, appropriate space and facilities, and temporariness.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"1 1","pages":"328 - 345"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78049240","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 : 2022-04-03DOI: 10.1080/18918131.2022.2097787
Bård Drange
ABSTRACT Despite its prevalence in armed conflicts globally, the pursuit of justice and human rights during armed conflict has received relatively little attention compared with efforts taken post-conflict. In this article, I discuss the trajectory of state-led measures to tackle human rights abuses while violence is ongoing, with a focus on the interplay between actors seeking to expose and those seeking to conceal human rights abuses. This expose–conceal framework is used to study the search for justice for abuses committed by paramilitary groups in Colombia in the 2000s. I argue that various domestic and international human rights advocates and civil society organisations clashed with the Colombian Government over questions of accountability. Persistent efforts to expose or conceal abuses produced a tug-of-war dynamic, where the two sides pulled the political debate and judicial frameworks in their preferred direction. This article contributes a conflict studies perspective on the establishment of national-level institutions to advance human rights in a context of high impunity and amid armed conflict. Going forward, I argue that more attention to the during-conflict period can enhance our understanding of how the pursuit of justice plays out after conflict.
{"title":"A Tug of War: Pursuing Justice Amid Armed Conflict","authors":"Bård Drange","doi":"10.1080/18918131.2022.2097787","DOIUrl":"https://doi.org/10.1080/18918131.2022.2097787","url":null,"abstract":"ABSTRACT Despite its prevalence in armed conflicts globally, the pursuit of justice and human rights during armed conflict has received relatively little attention compared with efforts taken post-conflict. In this article, I discuss the trajectory of state-led measures to tackle human rights abuses while violence is ongoing, with a focus on the interplay between actors seeking to expose and those seeking to conceal human rights abuses. This expose–conceal framework is used to study the search for justice for abuses committed by paramilitary groups in Colombia in the 2000s. I argue that various domestic and international human rights advocates and civil society organisations clashed with the Colombian Government over questions of accountability. Persistent efforts to expose or conceal abuses produced a tug-of-war dynamic, where the two sides pulled the political debate and judicial frameworks in their preferred direction. This article contributes a conflict studies perspective on the establishment of national-level institutions to advance human rights in a context of high impunity and amid armed conflict. Going forward, I argue that more attention to the during-conflict period can enhance our understanding of how the pursuit of justice plays out after conflict.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"14 1","pages":"346 - 364"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77864901","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 : 2022-04-03DOI: 10.1080/18918131.2022.2096777
Tien-Duc Nguyen, P. Viola
ABSTRACT China, North Korea, and Viet Nam are three essentially socialist countries that have survived the collapse of the Soviet Union. A salient commonality among them is the homogeneity of their cultural roots and the socialist legal tradition, which have continued to influence every facet of government and society. These lingering cultural and legal affinities have generated a different understanding of constitutional rights in relation to liberal counterparts. For strategic purposes, China and Viet Nam have faced a pressing need to remodel their rights conceptions to a certain universalist degree, while North Korea has remained almost immune to the globalisation of constitutional rights. To overcome historical negligence and cultural insensitivity, this article seeks to probe the interplay of various strands of values in shaping constitutional rights of socialist East Asia. It also demonstrates various implications from the study of socialist constitutional rights that could contribute heuristically and practically to the rights discourse.
{"title":"Constitutional Rights in Socialist East Asia","authors":"Tien-Duc Nguyen, P. Viola","doi":"10.1080/18918131.2022.2096777","DOIUrl":"https://doi.org/10.1080/18918131.2022.2096777","url":null,"abstract":"ABSTRACT China, North Korea, and Viet Nam are three essentially socialist countries that have survived the collapse of the Soviet Union. A salient commonality among them is the homogeneity of their cultural roots and the socialist legal tradition, which have continued to influence every facet of government and society. These lingering cultural and legal affinities have generated a different understanding of constitutional rights in relation to liberal counterparts. For strategic purposes, China and Viet Nam have faced a pressing need to remodel their rights conceptions to a certain universalist degree, while North Korea has remained almost immune to the globalisation of constitutional rights. To overcome historical negligence and cultural insensitivity, this article seeks to probe the interplay of various strands of values in shaping constitutional rights of socialist East Asia. It also demonstrates various implications from the study of socialist constitutional rights that could contribute heuristically and practically to the rights discourse.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"6 1","pages":"306 - 327"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86108305","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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