Pub Date : 2022-04-03DOI: 10.1080/18918131.2022.2036414
F. Hassellind
{"title":"The problems of genocide: permanent security and the language of transgression","authors":"F. Hassellind","doi":"10.1080/18918131.2022.2036414","DOIUrl":"https://doi.org/10.1080/18918131.2022.2036414","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"102 1","pages":"410 - 412"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75953176","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: 10.1080/18918131.2021.2015104
Debolina Basu Bhatt
{"title":"Prosecutorial Discretion at The International Criminal Court","authors":"Debolina Basu Bhatt","doi":"10.1080/18918131.2021.2015104","DOIUrl":"https://doi.org/10.1080/18918131.2021.2015104","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"43 9 1","pages":"413 - 417"},"PeriodicalIF":0.4,"publicationDate":"2022-04-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82689044","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 : 2022-01-02DOI: 10.1080/18918131.2022.2073078
S. Teo
ABSTRACT Few recent developments have captured the human imagination as much as those within the field of artificial intelligence (AI). The increasing pervasiveness and ubiquity of AI affect both individual lives and society at large. Yet the human rights concerns raised in connection to AI have primarily concentrated around infringements of enumerated discrete rights, such as to privacy, non-discrimination, and freedom of expression and information. While it is important to examine the discrete rights under threat, a fundamental disconnect is present at the foundational level between human rights and AI, because AI systems increasingly challenge the notions of how, by whom, and what human rights violations are being committed. This paper takes a problem-finding perspective and argues that the conceptual foundations of the human rights protection framework are facing a serious challenge. The legal-positivist framing of the discrete rights themselves is examined through an analysis of the misaligned harm typology between the objects of human rights protection and the threats posed by AI systems. The paper highlights three main misalignments, from the perspective of saliency, temporality, and causality of harms, and argues that these misalignments challenge the structural enabling conditions for the exercise and meaningful protection of human rights.
{"title":"How Artificial Intelligence Systems Challenge the Conceptual Foundations of the Human Rights Legal Framework","authors":"S. Teo","doi":"10.1080/18918131.2022.2073078","DOIUrl":"https://doi.org/10.1080/18918131.2022.2073078","url":null,"abstract":"ABSTRACT Few recent developments have captured the human imagination as much as those within the field of artificial intelligence (AI). The increasing pervasiveness and ubiquity of AI affect both individual lives and society at large. Yet the human rights concerns raised in connection to AI have primarily concentrated around infringements of enumerated discrete rights, such as to privacy, non-discrimination, and freedom of expression and information. While it is important to examine the discrete rights under threat, a fundamental disconnect is present at the foundational level between human rights and AI, because AI systems increasingly challenge the notions of how, by whom, and what human rights violations are being committed. This paper takes a problem-finding perspective and argues that the conceptual foundations of the human rights protection framework are facing a serious challenge. The legal-positivist framing of the discrete rights themselves is examined through an analysis of the misaligned harm typology between the objects of human rights protection and the threats posed by AI systems. The paper highlights three main misalignments, from the perspective of saliency, temporality, and causality of harms, and argues that these misalignments challenge the structural enabling conditions for the exercise and meaningful protection of human rights.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"3 2","pages":"216 - 234"},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72467205","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 : 2022-01-02DOI: 10.1080/18918131.2022.2075628
Allison Corkery, G. Isaacs, Carilee Osborne
ABSTRACT One criticism of the human rights framework is that it has not – and therefore, some argue, cannot – meaningfully contest the hegemony of neoliberal economic thinking. In this article, we argue that the manner in which the disciplines of human rights and economics ‘speak past each other’ is a critical factor in this perception. While there has been a notable push to strengthen interrelations between the two fields, for the most part this has primarily been through the application of human rights norms to specific economic issues, rather than as a challenge to the logic underpinning economics, as a discipline. The article draws from a year-long project to build a community of practice at the nexus of human rights and economic justice, primarily in South Africa. South Africa is an illustrative context in which to explore cross-disciplinary engagement. While it has one of the most progressive constitutions in the world and a vibrant human rights community, the government has neglected rights in economic policymaking. This article considers the theoretical, methodological, and strategic opportunities and challenges involved overcoming such contradictions. In particular, we argue for the usefulness of a law and political economy (LPE) approach to build out the interrelations between the two fields.
{"title":"Pushing Boundaries: Building a Community of Practice at the Intersection of Human Rights and Economics","authors":"Allison Corkery, G. Isaacs, Carilee Osborne","doi":"10.1080/18918131.2022.2075628","DOIUrl":"https://doi.org/10.1080/18918131.2022.2075628","url":null,"abstract":"ABSTRACT One criticism of the human rights framework is that it has not – and therefore, some argue, cannot – meaningfully contest the hegemony of neoliberal economic thinking. In this article, we argue that the manner in which the disciplines of human rights and economics ‘speak past each other’ is a critical factor in this perception. While there has been a notable push to strengthen interrelations between the two fields, for the most part this has primarily been through the application of human rights norms to specific economic issues, rather than as a challenge to the logic underpinning economics, as a discipline. The article draws from a year-long project to build a community of practice at the nexus of human rights and economic justice, primarily in South Africa. South Africa is an illustrative context in which to explore cross-disciplinary engagement. While it has one of the most progressive constitutions in the world and a vibrant human rights community, the government has neglected rights in economic policymaking. This article considers the theoretical, methodological, and strategic opportunities and challenges involved overcoming such contradictions. In particular, we argue for the usefulness of a law and political economy (LPE) approach to build out the interrelations between the two fields.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"124 1","pages":"44 - 63"},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74652615","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}
ABSTRACT The past two decades at the European Court of Human Rights have been marked by various efforts to reduce its backlog of cases through changing the substantive, procedural, and formal practices surrounding access to the Court. Proposals aimed at facilitating these efforts have also rested on the unarticulated premise that solving the ECtHR's backlog problem necessarily involves an either-or choice between improving the Court's efficiency and shrinking individual access to it. This article departs from that premise. Drawing on Martha Fineman's ‘theory of vulnerability’ and her vision for social justice, the article lays out a proposal that allows for the coexistence of efficiency and individual access through a hybrid decision-making (HDM) model. First, we show that from a vulnerability theory perspective, better access to human rights courts is a key component of a just human rights system. Second, we argue that in order to be just, procedures need to be context-sensitive and adopted in ways that acknowledge humans' inherent vulnerability. To support the argument, we draw inspiration from the African Court on Human and Peoples' Rights, whose current practices help illustrate the point that more equitable access to justice need not be a relic of the past.
{"title":"From the Vantage Point of Vulnerability Theory: Algorithmic Decision-Making and Access to the European Court of Human Rights","authors":"Zuzanna Godzimirska, Aysel Küçüksu, Salome Addo Ravn","doi":"10.1080/18918131.2022.2078028","DOIUrl":"https://doi.org/10.1080/18918131.2022.2078028","url":null,"abstract":"ABSTRACT The past two decades at the European Court of Human Rights have been marked by various efforts to reduce its backlog of cases through changing the substantive, procedural, and formal practices surrounding access to the Court. Proposals aimed at facilitating these efforts have also rested on the unarticulated premise that solving the ECtHR's backlog problem necessarily involves an either-or choice between improving the Court's efficiency and shrinking individual access to it. This article departs from that premise. Drawing on Martha Fineman's ‘theory of vulnerability’ and her vision for social justice, the article lays out a proposal that allows for the coexistence of efficiency and individual access through a hybrid decision-making (HDM) model. First, we show that from a vulnerability theory perspective, better access to human rights courts is a key component of a just human rights system. Second, we argue that in order to be just, procedures need to be context-sensitive and adopted in ways that acknowledge humans' inherent vulnerability. To support the argument, we draw inspiration from the African Court on Human and Peoples' Rights, whose current practices help illustrate the point that more equitable access to justice need not be a relic of the past.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"16 1","pages":"235 - 249"},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"78008358","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 : 2022-01-02DOI: 10.1080/18918131.2022.2061237
Miriam Cullen, J. Munro
Abstract This article builds on the widespread recognition that disaster is not a ‘natural’ phenomenon but occurs where exposure to a particular hazard coincides with pre-existing vulnerabilities to it—which might be social, economic or environmental—to increase personal susceptibility to harm. It argues that the impacts of climate change impose an increasingly pressing need to revive the realisation of economic, social and cultural rights as a priority, not only through their express incorporation into disaster risk planning, policies and domestic law, but by rethinking how they are implemented to include and empower the people who need them most.
{"title":"Preventing Disasters and Displacement: How Economic, Social, and Cultural Rights Can Advance Local Resilience","authors":"Miriam Cullen, J. Munro","doi":"10.1080/18918131.2022.2061237","DOIUrl":"https://doi.org/10.1080/18918131.2022.2061237","url":null,"abstract":"Abstract This article builds on the widespread recognition that disaster is not a ‘natural’ phenomenon but occurs where exposure to a particular hazard coincides with pre-existing vulnerabilities to it—which might be social, economic or environmental—to increase personal susceptibility to harm. It argues that the impacts of climate change impose an increasingly pressing need to revive the realisation of economic, social and cultural rights as a priority, not only through their express incorporation into disaster risk planning, policies and domestic law, but by rethinking how they are implemented to include and empower the people who need them most.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"40 1","pages":"118 - 132"},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"79298782","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 : 2022-01-02DOI: 10.1080/18918131.2022.2057694
J. Fraser
{"title":"The Human Right to a Healthy Environment","authors":"J. Fraser","doi":"10.1080/18918131.2022.2057694","DOIUrl":"https://doi.org/10.1080/18918131.2022.2057694","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"27 1","pages":"264 - 267"},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77301831","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 : 2022-01-02DOI: 10.1080/18918131.2022.2064074
H. Keller, Corina Heri
ABSTRACT This article evaluates the potential role of the European Court of Human Rights in adjudicating cases related to climate change. The Court is currently facing its first four climate applications, and addressing them is more than a routine process of applying existing case law. These cases speak to fundamental questions regarding the Court’s engagement with systemic problems, politically and technically challenging issues, and its own subsidiarity to state decision-making. Looking at recent environmental case law, this article identifies and discusses various possible futures for the Court’s approach to climate cases, including from admissibility, substantive, and remedial perspectives. It also considers the tendencies and factors influencing the Court’s potential response to climate claims. This includes its docket crisis, its evolution towards a ‘procedural turn’, and its approach to the balancing of competing interests and its selection of the appropriate level of scrutiny. We conclude that the Court must contribute to the search for a modus vivendi that permits competing interests to coexist and ensures a liveable future. This is not only a question of ensuring future enjoyment of human rights, but also of safeguarding the Court’s own ability to carry out its role and to thrive into the future.
{"title":"The Future is Now: Climate Cases Before the ECtHR","authors":"H. Keller, Corina Heri","doi":"10.1080/18918131.2022.2064074","DOIUrl":"https://doi.org/10.1080/18918131.2022.2064074","url":null,"abstract":"ABSTRACT This article evaluates the potential role of the European Court of Human Rights in adjudicating cases related to climate change. The Court is currently facing its first four climate applications, and addressing them is more than a routine process of applying existing case law. These cases speak to fundamental questions regarding the Court’s engagement with systemic problems, politically and technically challenging issues, and its own subsidiarity to state decision-making. Looking at recent environmental case law, this article identifies and discusses various possible futures for the Court’s approach to climate cases, including from admissibility, substantive, and remedial perspectives. It also considers the tendencies and factors influencing the Court’s potential response to climate claims. This includes its docket crisis, its evolution towards a ‘procedural turn’, and its approach to the balancing of competing interests and its selection of the appropriate level of scrutiny. We conclude that the Court must contribute to the search for a modus vivendi that permits competing interests to coexist and ensures a liveable future. This is not only a question of ensuring future enjoyment of human rights, but also of safeguarding the Court’s own ability to carry out its role and to thrive into the future.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"12 1","pages":"153 - 174"},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84479519","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 : 2022-01-02DOI: 10.1080/18918131.2022.2071401
Bede Sheppard
ABSTRACT International law guarantees all children free primary education. Although pre-primary and secondary education have been recognised to differing degrees as part of the right to education, there is no obligation under international human rights treaties to provide either for free. This omission is inconsistent with children's rights otherwise guaranteed under international law. Including only free primary education under the right to education, but not free pre-primary or free secondary education, may have been a recognition of countries’ limited available resources when the right was incorporated into legal treaties, beginning in 1960. However, after decades of economic growth and increasing evidence of the economic benefits to society of expanding access to education, that position deserves to be revisited. Various options exist to expand the scope of the right under international law to guarantee free pre-primary and free secondary education. A new optional protocol to the Convention on the Rights of the Child could provide a way toward finally realising a right to free education for all children.
{"title":"It's Time to Expand the Right to Education","authors":"Bede Sheppard","doi":"10.1080/18918131.2022.2071401","DOIUrl":"https://doi.org/10.1080/18918131.2022.2071401","url":null,"abstract":"ABSTRACT International law guarantees all children free primary education. Although pre-primary and secondary education have been recognised to differing degrees as part of the right to education, there is no obligation under international human rights treaties to provide either for free. This omission is inconsistent with children's rights otherwise guaranteed under international law. Including only free primary education under the right to education, but not free pre-primary or free secondary education, may have been a recognition of countries’ limited available resources when the right was incorporated into legal treaties, beginning in 1960. However, after decades of economic growth and increasing evidence of the economic benefits to society of expanding access to education, that position deserves to be revisited. Various options exist to expand the scope of the right under international law to guarantee free pre-primary and free secondary education. A new optional protocol to the Convention on the Rights of the Child could provide a way toward finally realising a right to free education for all children.","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"27 1","pages":"96 - 117"},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"81200145","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 : 2022-01-02DOI: 10.1080/18918131.2022.2052589
Emil Andersson
{"title":"Actualizing Human Rights: Global Inequality, Future People, and Motivation","authors":"Emil Andersson","doi":"10.1080/18918131.2022.2052589","DOIUrl":"https://doi.org/10.1080/18918131.2022.2052589","url":null,"abstract":"","PeriodicalId":42311,"journal":{"name":"Nordic Journal of Human Rights","volume":"116 1","pages":"261 - 263"},"PeriodicalIF":0.4,"publicationDate":"2022-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"80411782","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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