Pub Date : 2024-08-28DOI: 10.1177/09240519241272344
{"title":"Recent publications September 2024","authors":"","doi":"10.1177/09240519241272344","DOIUrl":"https://doi.org/10.1177/09240519241272344","url":null,"abstract":"","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"284 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2024-08-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142221960","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-14DOI: 10.1177/09240519241270438
Naoual El Yattouti
This article explores the complex debate surrounding healthcare providers seeking to express their religious beliefs through the wearing of religious attire considering critical legal, ethical, and practical aspects. Drawing insights from the jurisprudence of the European Court of Human Rights and European Court of Justice, it sheds light on the implications for healthcare settings. The study highlights the sensitivity of the healthcare context, where specific arguments surface, such as the debated significance of religious neutrality given the vulnerability of patients and concerns about health and safety. Difficulties may arise when patients feel discomfort when treated by visibly religious healthcare providers. However, patients’ preferences regarding the religious neutrality of healthcare providers cannot be generalised, especially when considering the needs of certain minoritized communities. Furthermore, questions can be raised about the admissibility of potentially accommodating prejudice through prohibitions on religious dress. The article further examines hygiene and safety arguments used by healthcare institutions to restrict religious attire, arguing that while health and safety standards are crucial, scientific support for outright bans is limited, especially considering the possibility of reasonable adjustments. The central theme is the necessity for balanced considerations while upholding religious freedom and prioritising patient care, with particular emphasis going on the idea that the needs of patients cannot be generalised.
{"title":"Religious dress in the healthcare setting: Unpacking legal arguments and balancing individual rights","authors":"Naoual El Yattouti","doi":"10.1177/09240519241270438","DOIUrl":"https://doi.org/10.1177/09240519241270438","url":null,"abstract":"This article explores the complex debate surrounding healthcare providers seeking to express their religious beliefs through the wearing of religious attire considering critical legal, ethical, and practical aspects. Drawing insights from the jurisprudence of the European Court of Human Rights and European Court of Justice, it sheds light on the implications for healthcare settings. The study highlights the sensitivity of the healthcare context, where specific arguments surface, such as the debated significance of religious neutrality given the vulnerability of patients and concerns about health and safety. Difficulties may arise when patients feel discomfort when treated by visibly religious healthcare providers. However, patients’ preferences regarding the religious neutrality of healthcare providers cannot be generalised, especially when considering the needs of certain minoritized communities. Furthermore, questions can be raised about the admissibility of potentially accommodating prejudice through prohibitions on religious dress. The article further examines hygiene and safety arguments used by healthcare institutions to restrict religious attire, arguing that while health and safety standards are crucial, scientific support for outright bans is limited, especially considering the possibility of reasonable adjustments. The central theme is the necessity for balanced considerations while upholding religious freedom and prioritising patient care, with particular emphasis going on the idea that the needs of patients cannot be generalised.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"5 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2024-08-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142221961","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-08-07DOI: 10.1177/09240519241270408
Foto Pappa
Digital agriculture is described as a solution to population growth and climate change. It entails technologies such as robots, drones, sensors, Internet of Things (IoT) and AI. However, with the adoption of digital agriculture comes the concern that existing power asymmetries may deepen, and inequalities between farmers may be exacerbated. This article focuses on small farmers due to the correlation between a large farm size and the adoption of digital agriculture, cautioning that digital agriculture may progressively drive more and more farmers out of agriculture. This article examines the risks that digital agriculture poses to the human rights to science and food. On the right to science, this article covers access to technology, especially in relation to barriers for small farmers in adopting digital agriculture. It also explores the obligation to protect from the negative effects of (digital agricultural) technology. On the right to food, the article analyses the impacts on its elements, such as availability and accessibility. Finally, the article presents State obligations under the right to food, alongside an examination of potential measures to ensure State compliance with this right.
{"title":"Sounding the alarm for digital agriculture: Examining risks to the human rights to science and food","authors":"Foto Pappa","doi":"10.1177/09240519241270408","DOIUrl":"https://doi.org/10.1177/09240519241270408","url":null,"abstract":"Digital agriculture is described as a solution to population growth and climate change. It entails technologies such as robots, drones, sensors, Internet of Things (IoT) and AI. However, with the adoption of digital agriculture comes the concern that existing power asymmetries may deepen, and inequalities between farmers may be exacerbated. This article focuses on small farmers due to the correlation between a large farm size and the adoption of digital agriculture, cautioning that digital agriculture may progressively drive more and more farmers out of agriculture. This article examines the risks that digital agriculture poses to the human rights to science and food. On the right to science, this article covers access to technology, especially in relation to barriers for small farmers in adopting digital agriculture. It also explores the obligation to protect from the negative effects of (digital agricultural) technology. On the right to food, the article analyses the impacts on its elements, such as availability and accessibility. Finally, the article presents State obligations under the right to food, alongside an examination of potential measures to ensure State compliance with this right.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"19 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2024-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141932369","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-18DOI: 10.1177/09240519241246131
Koen Lemmens
Surrogacy is a form of family creation that raises many medical, ethical, and legal questions. This article examines how the European Court of Human Rights (ECtHR) deals with the issue of cross-border surrogacy and its legal consequences in its recent case law. It will demonstrated that the Strasbourg Court has developed a nuanced case law that leaves it in the first place to the national authorities to deal with the complex issue of surrogacy, whereby it is nevertheless clear that further to the Strasbourg case law even if legislators rule out the possibility of surrogacy on their territory, they will have to find solutions to “‘regularise”’ the de facto situation of the child, taking into account its best interests.
{"title":"Cross-border surrogacy and the European Convention on Human Rights: The Strasbourg Court caught between “fait accompli”, “ordre public”, and the best interest of the child","authors":"Koen Lemmens","doi":"10.1177/09240519241246131","DOIUrl":"https://doi.org/10.1177/09240519241246131","url":null,"abstract":"Surrogacy is a form of family creation that raises many medical, ethical, and legal questions. This article examines how the European Court of Human Rights (ECtHR) deals with the issue of cross-border surrogacy and its legal consequences in its recent case law. It will demonstrated that the Strasbourg Court has developed a nuanced case law that leaves it in the first place to the national authorities to deal with the complex issue of surrogacy, whereby it is nevertheless clear that further to the Strasbourg case law even if legislators rule out the possibility of surrogacy on their territory, they will have to find solutions to “‘regularise”’ the de facto situation of the child, taking into account its best interests.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"10 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2024-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140627352","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-17DOI: 10.1177/09240519241246132
Sara Wissmann
This paper argues that cultural appropriation can – but does not always – constitute a human rights incompatibility precluding a classification as intangible cultural heritage (ICH) pursuant to Art. 2(1) Sentence 3 of the Convention for the Safeguarding of Intangible Cultural Heritage (CSICH). To set up this argument, the paper first addresses whether and in how far the human rights compatibility test is exercised in the realm of the CSICH. Subsequently, it seeks to analyse whether cultural appropriation violates that test. To this end, the paper first develops an understanding of cultural appropriation informed by insights ranging from philosophy to anthropology. It then raises the question in how far cultural appropriation and protection therefrom is covered by the IHRL canon, most importantly the International Convention on the Elimination of All Forms of Racial Discrimination. Using Berlin Techno as an example, the aim of this contribution is to reveal the limits of cultural appropriation in the legal field and to initiate a legally sound discussion on the relationship between culture, appropriation, and human rights that has thus far been absent.
{"title":"Berlin techno goes intangible cultural heritage: Modern music, the cultural appropriation debate, and the international convention on the elimination of all forms of racial discrimination","authors":"Sara Wissmann","doi":"10.1177/09240519241246132","DOIUrl":"https://doi.org/10.1177/09240519241246132","url":null,"abstract":"This paper argues that cultural appropriation can – but does not always – constitute a human rights incompatibility precluding a classification as intangible cultural heritage (ICH) pursuant to Art. 2(1) Sentence 3 of the Convention for the Safeguarding of Intangible Cultural Heritage (CSICH). To set up this argument, the paper first addresses whether and in how far the human rights compatibility test is exercised in the realm of the CSICH. Subsequently, it seeks to analyse whether cultural appropriation violates that test. To this end, the paper first develops an understanding of cultural appropriation informed by insights ranging from philosophy to anthropology. It then raises the question in how far cultural appropriation and protection therefrom is covered by the IHRL canon, most importantly the International Convention on the Elimination of All Forms of Racial Discrimination. Using Berlin Techno as an example, the aim of this contribution is to reveal the limits of cultural appropriation in the legal field and to initiate a legally sound discussion on the relationship between culture, appropriation, and human rights that has thus far been absent.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"14 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2024-04-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140613123","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-09DOI: 10.1177/09240519241246129
Sebastian Porsdam Mann
This article identifies novel insights from a detailed analysis of the travaux préparatoires of the right to science provisions in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). It makes five main contributions. First, it demonstrates the bidirectional influence between the UDHR and the earlier American Declaration of the Rights and Duties of Man in the formulation of the right to science, as opposed to unidirectional borrowing. Second, it traces the origins of Article 15 ICESCR to the UNESCO Constitution and argues that Article 15, specifically subclauses 2–4, were intended as implementation measures, though Article 15(3) was elevated into a separate and additional obligation due to its perceived importance for scientific and creative progress. Third, it clarifies an apparent conflict between drafting history and subsequent instruments concerning scientific purpose by distinguishing the development and use of science. Fourth, it suggests facilitating the search for truth as an unarticulated object and purpose of these provisions. Finally, it shows that many drafters acknowledged a broad scope of ‘science’ beyond the natural sciences. Overall, this article elucidates overlooked aspects of the travaux to inform contemporary debates on this important yet obscure right.
{"title":"The right to science or to Wissenschaft? Five lessons from the travaux préparatoires","authors":"Sebastian Porsdam Mann","doi":"10.1177/09240519241246129","DOIUrl":"https://doi.org/10.1177/09240519241246129","url":null,"abstract":"This article identifies novel insights from a detailed analysis of the travaux préparatoires of the right to science provisions in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Economic, Social and Cultural Rights (ICESCR). It makes five main contributions. First, it demonstrates the bidirectional influence between the UDHR and the earlier American Declaration of the Rights and Duties of Man in the formulation of the right to science, as opposed to unidirectional borrowing. Second, it traces the origins of Article 15 ICESCR to the UNESCO Constitution and argues that Article 15, specifically subclauses 2–4, were intended as implementation measures, though Article 15(3) was elevated into a separate and additional obligation due to its perceived importance for scientific and creative progress. Third, it clarifies an apparent conflict between drafting history and subsequent instruments concerning scientific purpose by distinguishing the development and use of science. Fourth, it suggests facilitating the search for truth as an unarticulated object and purpose of these provisions. Finally, it shows that many drafters acknowledged a broad scope of ‘science’ beyond the natural sciences. Overall, this article elucidates overlooked aspects of the travaux to inform contemporary debates on this important yet obscure right.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"9 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2024-04-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140583236","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-04-01DOI: 10.1177/09240519241236505
Hilary Charlesworth
The annual SIM Peter Baehr lecture celebrates the founding of the Netherlands Institute of Human Rights (SIM) in 1981 and commemorates the late Peter Baehr, one of SIM's former directors and an eminent human rights scholar. The 2023 lecture was delivered at Utrecht University on 30 November by Hilary Charlesworth, judge at the International Court of Justice and renowned scholar of international law and human rights.
{"title":"SIM Peter Baehr lecture 2023: Human rights and the International Court of Justice","authors":"Hilary Charlesworth","doi":"10.1177/09240519241236505","DOIUrl":"https://doi.org/10.1177/09240519241236505","url":null,"abstract":"The annual SIM Peter Baehr lecture celebrates the founding of the Netherlands Institute of Human Rights (SIM) in 1981 and commemorates the late Peter Baehr, one of SIM's former directors and an eminent human rights scholar. The 2023 lecture was delivered at Utrecht University on 30 November by Hilary Charlesworth, judge at the International Court of Justice and renowned scholar of international law and human rights.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"93 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2024-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140583074","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-20DOI: 10.1177/09240519241236506
Theodoor C. van Boven
Professor Theo van Boven sent this piece to the Netherlands Quarterly of Human Rights as part of his reflections on the 75 years anniversary of the UDHR. Professor van Boven is the former Director of the UN Human Rights Secretariat between 1977 and 1982, about which the film “The Subversives” was made in 2019. He was a Dutch representative on the UN Commission on Human Rights, an expert member of the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, an expert Member on the Committee on the Elimination of Racial Discrimination, the UN Special Rapporteur against Torture, Consultant at the World Council of Churches and Professor of Human Rights at Maastricht University from 1982 to 1999.[Formula: see text]
{"title":"Principle and power: The struggle to protect human rights","authors":"Theodoor C. van Boven","doi":"10.1177/09240519241236506","DOIUrl":"https://doi.org/10.1177/09240519241236506","url":null,"abstract":"Professor Theo van Boven sent this piece to the Netherlands Quarterly of Human Rights as part of his reflections on the 75 years anniversary of the UDHR. Professor van Boven is the former Director of the UN Human Rights Secretariat between 1977 and 1982, about which the film “The Subversives” was made in 2019. He was a Dutch representative on the UN Commission on Human Rights, an expert member of the Sub-Commission on the Prevention of Discrimination and Protection of Minorities, an expert Member on the Committee on the Elimination of Racial Discrimination, the UN Special Rapporteur against Torture, Consultant at the World Council of Churches and Professor of Human Rights at Maastricht University from 1982 to 1999.[Formula: see text]","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"379 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2024-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140204630","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-03-15DOI: 10.1177/09240519241234854
{"title":"Recent Publications March 2024","authors":"","doi":"10.1177/09240519241234854","DOIUrl":"https://doi.org/10.1177/09240519241234854","url":null,"abstract":"","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"29 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2024-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140152114","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2024-02-01DOI: 10.1177/09240519231223655
Lorena Schwab De La O, Peris Jones
The so-called ‘green shift’ poses dilemmas in developing sustainable sources of energy while ensuring the respect and protection of the rights of affected communities. The article seeks to advance understanding of how prevailing conceptualisations of Sustainable Development – as formulated in the 2030 Agenda for Sustainable Development – are constructed and adopted at different scales and are implicated in and shape struggles over land and environmental conflicts. The exceptional geographical conditions for wind energy production in the region of the Isthmus of Tehuantepec in the southern Mexican state of Oaxaca have led to significant investments in wind energy projects. In Unión Hidalgo, two projects are already in operation, the focus here. A content analysis was carried out of 36 documents published by three key actors involved (local defenders, companies, and the government at the state and federal levels). The results are then triangulated with insights from semi-structured interviews with local environmental defenders. The article shows how rights-based dimensions are perceived in a highly variable way and power relations unfold in discursive practices. That the project was eventually stopped, does, however, suggest the polyvalence of human rights, but that they are highly contingent – in this case, critically, part of social mobilisation, domestic litigation, and extra-territorial obligations of a company headquartered in France, all of which appear to rebalance power asymmetries uncovered in the analysis here.
{"title":"Contested visions of sustainable development in conflicts over renewable energy, land, and human rights: A case study of Unión Hidalgo, Mexico","authors":"Lorena Schwab De La O, Peris Jones","doi":"10.1177/09240519231223655","DOIUrl":"https://doi.org/10.1177/09240519231223655","url":null,"abstract":"The so-called ‘green shift’ poses dilemmas in developing sustainable sources of energy while ensuring the respect and protection of the rights of affected communities. The article seeks to advance understanding of how prevailing conceptualisations of Sustainable Development – as formulated in the 2030 Agenda for Sustainable Development – are constructed and adopted at different scales and are implicated in and shape struggles over land and environmental conflicts. The exceptional geographical conditions for wind energy production in the region of the Isthmus of Tehuantepec in the southern Mexican state of Oaxaca have led to significant investments in wind energy projects. In Unión Hidalgo, two projects are already in operation, the focus here. A content analysis was carried out of 36 documents published by three key actors involved (local defenders, companies, and the government at the state and federal levels). The results are then triangulated with insights from semi-structured interviews with local environmental defenders. The article shows how rights-based dimensions are perceived in a highly variable way and power relations unfold in discursive practices. That the project was eventually stopped, does, however, suggest the polyvalence of human rights, but that they are highly contingent – in this case, critically, part of social mobilisation, domestic litigation, and extra-territorial obligations of a company headquartered in France, all of which appear to rebalance power asymmetries uncovered in the analysis here.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"36 1","pages":""},"PeriodicalIF":1.6,"publicationDate":"2024-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139952214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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