Pub Date : 2020-07-15DOI: 10.1177/0924051920943847
What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.
{"title":"Recent publications in international human rights law","authors":"","doi":"10.1177/0924051920943847","DOIUrl":"https://doi.org/10.1177/0924051920943847","url":null,"abstract":"What are the limits of human rights, and what do these limits mean? This volume engages critically and constructively with this question to provide a distinct contribution to the contemporary discussion on human rights. Fassbender and Traisbach, along with a group of leading experts in the field, examine the issue from multiple disciplinary perspectives, analysing the limits of our current discourse of human rights. It does so in an original way, and without attempting to deconstruct, or deny, human rights. Each contribution is supplemented by an engaging comment which furthers this important discussion. This combination of perspectives paves the way for further thought for scholars, practitioners, students, and the wider public. Ultimately, this volume provides an exceptionally rich spectrum of viewpoints and arguments across disciplines to offer fresh insights into human rights and its limitations.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"1 1","pages":"229 - 234"},"PeriodicalIF":1.6,"publicationDate":"2020-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"84517372","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 : 2020-07-14DOI: 10.1177/0924051920940167
J. Collinson
The best interests of the child has become an central facet of the jurisprudence of the European Court of Human Rights (ECtHR) in expulsion cases. This article argues that the indirect application of the best interests of the child as an interpretive benchmark for Article 8 ECHR is not the end point of State’s responsibilities under Article 3 UN Convention on the Rights of the Child (UNCRC). This article argues that the ECtHR’s case law presents significant limitations in the subject matter scope of the best interests of the child, and limitations to the way in which it incorporates them into the Article 8 ECHR balancing exercise. This article acts as a thought experiment by modelling an alternative mode of decision-making. It asks what the best interests of the child might look like as the substantive human right at the centre of decisions about the expulsion of foreign nationals.
{"title":"Making the best interests of the child a substantive human right at the centre of national level expulsion decisions","authors":"J. Collinson","doi":"10.1177/0924051920940167","DOIUrl":"https://doi.org/10.1177/0924051920940167","url":null,"abstract":"The best interests of the child has become an central facet of the jurisprudence of the European Court of Human Rights (ECtHR) in expulsion cases. This article argues that the indirect application of the best interests of the child as an interpretive benchmark for Article 8 ECHR is not the end point of State’s responsibilities under Article 3 UN Convention on the Rights of the Child (UNCRC). This article argues that the ECtHR’s case law presents significant limitations in the subject matter scope of the best interests of the child, and limitations to the way in which it incorporates them into the Article 8 ECHR balancing exercise. This article acts as a thought experiment by modelling an alternative mode of decision-making. It asks what the best interests of the child might look like as the substantive human right at the centre of decisions about the expulsion of foreign nationals.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"10 1","pages":"169 - 190"},"PeriodicalIF":1.6,"publicationDate":"2020-07-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73337054","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 : 2020-06-01DOI: 10.1177/0924051920923614
Ignatius Yordan Nugraha
Referendums and popular initiatives have proliferated in many parts of the world as part of the effort to improve the quality of democracy and enhance citizen participation in policy making. However, even before the surge of populist nationalism in the 2010s, referendums have become a sort of weapon to restrict various rights. Furthermore, the juxtaposition between ‘the will of the people’ and human rights has once again brought back the classical criticism against direct democracy that it constitutes ‘a tyranny of the majority’ that could erode minority rights. With these concerns in mind, this paper is written to analyse the dissonance between human rights referendums and international human rights law through a positivist lens. The overall goal is to determine whether States have an ex ante obligation to prevent a referendum on a subject matter that is contrary to human rights.
{"title":"Human rights referendum: Dissonance between ‘the will of the people’ and fundamental rights?","authors":"Ignatius Yordan Nugraha","doi":"10.1177/0924051920923614","DOIUrl":"https://doi.org/10.1177/0924051920923614","url":null,"abstract":"Referendums and popular initiatives have proliferated in many parts of the world as part of the effort to improve the quality of democracy and enhance citizen participation in policy making. However, even before the surge of populist nationalism in the 2010s, referendums have become a sort of weapon to restrict various rights. Furthermore, the juxtaposition between ‘the will of the people’ and human rights has once again brought back the classical criticism against direct democracy that it constitutes ‘a tyranny of the majority’ that could erode minority rights. With these concerns in mind, this paper is written to analyse the dissonance between human rights referendums and international human rights law through a positivist lens. The overall goal is to determine whether States have an ex ante obligation to prevent a referendum on a subject matter that is contrary to human rights.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"194 1","pages":"115 - 133"},"PeriodicalIF":1.6,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"74418668","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 : 2020-06-01DOI: 10.1177/0924051920924547
N. Schrijver
In this column I discuss the background, evolution, legal status and functions of the human right to development, with special reference to the proposed draft Convention on this subject, published by the Human Rights Council in January 2020. It notes the widely diverse views on the added value of the right to development. In my view, taking the discussion on the formulation, consolidation and implementation of the right to development seriously, is important to create a balance in the international human rights discourse by showing a genuine interest in matters raised for long by developing countries. This could serve the cause of the universality, indivisibility and interdependence of the global human rights architecture. However, it is questionable whether the adoption of a new Convention on the Right to Development would serve the cause of the right to development. The right to development is already well rooted in the existing core human rights treaties and has the potential to play a key role as a cluster right, an integrative right and a bridging right. Therefore, I suggest some alternative avenues for realising and operationalising the right to development.
{"title":"A new Convention on the human right to development: Putting the cart before the horse?","authors":"N. Schrijver","doi":"10.1177/0924051920924547","DOIUrl":"https://doi.org/10.1177/0924051920924547","url":null,"abstract":"In this column I discuss the background, evolution, legal status and functions of the human right to development, with special reference to the proposed draft Convention on this subject, published by the Human Rights Council in January 2020. It notes the widely diverse views on the added value of the right to development. In my view, taking the discussion on the formulation, consolidation and implementation of the right to development seriously, is important to create a balance in the international human rights discourse by showing a genuine interest in matters raised for long by developing countries. This could serve the cause of the universality, indivisibility and interdependence of the global human rights architecture. However, it is questionable whether the adoption of a new Convention on the Right to Development would serve the cause of the right to development. The right to development is already well rooted in the existing core human rights treaties and has the potential to play a key role as a cluster right, an integrative right and a bridging right. Therefore, I suggest some alternative avenues for realising and operationalising the right to development.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"78 1","pages":"84 - 93"},"PeriodicalIF":1.6,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"83645317","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 : 2020-06-01DOI: 10.1177/0924051920923855
Ingrid Leijten, Kaisa de Bel
Housing is increasingly seen as a vehicle for wealth accumulation rather than a social good. ‘Financialization’ of housing refers to the expanding and dominant role of financial markets and corporations in the field of housing, leading to unaffordable and insufficient housing and discrimination. Although clearly linked to the right to adequate housing, financialization and its effects are not often viewed from a human rights perspective. This article fleshes out this important link by illuminating the standards set in relation to the right to adequate housing enshrined in Article 11(1) ICESCR. It is shown that recently, human rights bodies have confronted the issue of financialization more directly, translating general requirements to this particular issue. Moreover, efforts at UN level are mirrored in initiatives at the local level, signalling the beginning of a shift towards a paradigm that complies with human rights. The financialization of housing and the response of human rights also allow for addressing a more general issue, namely the potential of majority protection in times of human rights backlash. In this regard, it is worth emphasising that human rights such as the right to adequate housing protect not only the extreme poor. In the context of financialization, this may contribute to better housing conditions as well as reconnect people to their human rights.
{"title":"Facing financialization in the housing sector: A human right to adequate housing for all","authors":"Ingrid Leijten, Kaisa de Bel","doi":"10.1177/0924051920923855","DOIUrl":"https://doi.org/10.1177/0924051920923855","url":null,"abstract":"Housing is increasingly seen as a vehicle for wealth accumulation rather than a social good. ‘Financialization’ of housing refers to the expanding and dominant role of financial markets and corporations in the field of housing, leading to unaffordable and insufficient housing and discrimination. Although clearly linked to the right to adequate housing, financialization and its effects are not often viewed from a human rights perspective. This article fleshes out this important link by illuminating the standards set in relation to the right to adequate housing enshrined in Article 11(1) ICESCR. It is shown that recently, human rights bodies have confronted the issue of financialization more directly, translating general requirements to this particular issue. Moreover, efforts at UN level are mirrored in initiatives at the local level, signalling the beginning of a shift towards a paradigm that complies with human rights. The financialization of housing and the response of human rights also allow for addressing a more general issue, namely the potential of majority protection in times of human rights backlash. In this regard, it is worth emphasising that human rights such as the right to adequate housing protect not only the extreme poor. In the context of financialization, this may contribute to better housing conditions as well as reconnect people to their human rights.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"63 1","pages":"114 - 94"},"PeriodicalIF":1.6,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90121797","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 : 2020-06-01DOI: 10.1177/0924051920925649
A. Buyse
{"title":"NQHR June 2020","authors":"A. Buyse","doi":"10.1177/0924051920925649","DOIUrl":"https://doi.org/10.1177/0924051920925649","url":null,"abstract":"","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"77 1","pages":"83 - 83"},"PeriodicalIF":1.6,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"73819718","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 : 2020-06-01DOI: 10.1177/0924051920923606
Aikaterini Tsampi
The case-law on Article 18 of the European Convention on Human Rights has been evolving recently in a dramatic fashion. This evolution, which shaped a new doctrine on the misuse of power, focuses on the criminalisation of dissent within a State where undemocratic tendencies arise. The purpose of this article is to highlight these undemocratic tendencies and demonstrate that Article 18 ECHR addresses the systemic deficiencies in the balance of powers within a State. A violation of Article 18 ECHR occurs when the executive branch of government male fide tries to erode the social, political and economic contre-pouvoirs within a State and when the institutional contre-pouvoirs, namely the judicial and the legislative branch of government, fail to avert this erosion.
{"title":"The new doctrine on misuse of power under Article 18 ECHR: Is it about the system of contre-pouvoirs within the State after all?","authors":"Aikaterini Tsampi","doi":"10.1177/0924051920923606","DOIUrl":"https://doi.org/10.1177/0924051920923606","url":null,"abstract":"The case-law on Article 18 of the European Convention on Human Rights has been evolving recently in a dramatic fashion. This evolution, which shaped a new doctrine on the misuse of power, focuses on the criminalisation of dissent within a State where undemocratic tendencies arise. The purpose of this article is to highlight these undemocratic tendencies and demonstrate that Article 18 ECHR addresses the systemic deficiencies in the balance of powers within a State. A violation of Article 18 ECHR occurs when the executive branch of government male fide tries to erode the social, political and economic contre-pouvoirs within a State and when the institutional contre-pouvoirs, namely the judicial and the legislative branch of government, fail to avert this erosion.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"3 1","pages":"134 - 155"},"PeriodicalIF":1.6,"publicationDate":"2020-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72891847","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 : 2020-05-04DOI: 10.1177/0924051920924591
Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower’s economic situation, and are injurious to the entrenched rights of peoples.
{"title":"Recent publications in international human rights law","authors":"","doi":"10.1177/0924051920924591","DOIUrl":"https://doi.org/10.1177/0924051920924591","url":null,"abstract":"Sovereign debt is necessary for the functioning of many modern states, yet its impact on human rights is underexplored in academic literature. This volume provides the reader with a step-by-step analysis of the debt phenomenon and how it affects human rights. Beginning by setting out the historical, political and economic context of sovereign debt, the book goes on to address the human rights dimension of the policies and activities of the three types of sovereign lenders: international financial institutions (IFIs), sovereigns and private lenders. Bantekas and Lumina, along with a team of global experts, establish the link between debt and the manner in which the accumulation of sovereign debt violates human rights, examining some of the conditions imposed by structural adjustment programs on debtor states with a view to servicing their debt. They outline how such conditions have been shown to exacerbate the debt itself at the expense of economic sovereignty, concluding that such measures worsen the borrower’s economic situation, and are injurious to the entrenched rights of peoples.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"45 1","pages":"156 - 160"},"PeriodicalIF":1.6,"publicationDate":"2020-05-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90702103","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 : 2020-03-01DOI: 10.1177/0924051920906681
{"title":"WITHDRAWAL – Administrative Duplicate Publication: ‘Women and peace’: A human rights strategy for the women, peace and security agenda","authors":"","doi":"10.1177/0924051920906681","DOIUrl":"https://doi.org/10.1177/0924051920906681","url":null,"abstract":"","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"3 1","pages":"NP3 - NP3"},"PeriodicalIF":1.6,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88420664","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 : 2020-03-01DOI: 10.1177/0924051920903241
E. Durmuş
Local governments around the world have been engaging with international law and policy at an exponential intensity, with prominent engagement in climate change, migration and more recently human rights. This engagement cannot be adequately understood within the terms and framework of positive international law alone. This contribution aims to map and create a grounded typology of local government engagement with human rights, encompassing both activities within their localities and outside - at national, international or transnational scales. The article introduces local governments’ engagement in the Formation of Human Rights, Implementation of Human Rights, Defence of Human Rights, Coordination of Human Rights, Dissemination of Human Rights and the Contestation of Human Rights as empirical ideal types that have emerged from data through grounded theory. Analysing this engagement from the perspectives of both positive international law as well as legal pluralism, with specific focus on the New Haven School of Law, the article argues that local governments are now at the core of a newly formed norm-generating community. Local governments engage with local and international actors and processes both within the rules of inclusion of contemporary international law-making - seeking to expand these norms to include local governments themselves - but they also contest and challenge the very rules of the game in the first place, and resort to creating “human rights in the city” as a body of norms parallel to international human rights law. Whether we accept a pluralist understanding of international law to include local governments and their human rights engagement, or whether we consider these developments to be outside international law, forming a parallel normative order in the legal pluralist sense, local government engagement with human rights has already succeeded in reaching and influencing many established international actors and has already infiltrated recent instruments of positive international law.
{"title":"A typology of local governments’ engagement with human rights: Legal pluralist contributions to international law and human rights","authors":"E. Durmuş","doi":"10.1177/0924051920903241","DOIUrl":"https://doi.org/10.1177/0924051920903241","url":null,"abstract":"Local governments around the world have been engaging with international law and policy at an exponential intensity, with prominent engagement in climate change, migration and more recently human rights. This engagement cannot be adequately understood within the terms and framework of positive international law alone. This contribution aims to map and create a grounded typology of local government engagement with human rights, encompassing both activities within their localities and outside - at national, international or transnational scales. The article introduces local governments’ engagement in the Formation of Human Rights, Implementation of Human Rights, Defence of Human Rights, Coordination of Human Rights, Dissemination of Human Rights and the Contestation of Human Rights as empirical ideal types that have emerged from data through grounded theory. Analysing this engagement from the perspectives of both positive international law as well as legal pluralism, with specific focus on the New Haven School of Law, the article argues that local governments are now at the core of a newly formed norm-generating community. Local governments engage with local and international actors and processes both within the rules of inclusion of contemporary international law-making - seeking to expand these norms to include local governments themselves - but they also contest and challenge the very rules of the game in the first place, and resort to creating “human rights in the city” as a body of norms parallel to international human rights law. Whether we accept a pluralist understanding of international law to include local governments and their human rights engagement, or whether we consider these developments to be outside international law, forming a parallel normative order in the legal pluralist sense, local government engagement with human rights has already succeeded in reaching and influencing many established international actors and has already infiltrated recent instruments of positive international law.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"05 1","pages":"30 - 54"},"PeriodicalIF":1.6,"publicationDate":"2020-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86018890","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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