Pub Date : 2023-12-28DOI: 10.1177/09240519231223672
Elisa Fiorini Beckhauser
Latin America is highly vulnerable to climate change. From a justice-centred approach, its communities have been using human and constitutional rights as a strategy to combat environmental degradation and protect ecosystems in climate litigation. Thus, the paper analyses the ecological dimension of human rights arising from the Latin American climate litigation by selecting disputes that link human rights and the protection of a specific ecosystem, which enables catching both the right to a healthy environment and the rights of nature. As for the results, the national courts interpret human rights from the notion of a socio-ecological system, emphasising a rights-duties approach based on social justice. The territory becomes a non-static space, there is a long-term temporal scale of rights, and the lawsuits elaborate on the interests of future generations. The rights of nature acknowledge a more-than-human world and argue that nature's legal titularity complements human rights, and both agendas meet at the intersection with the safe climate system. Although climate change appears as a secondary concern, applicants use the climate crisis as a crosscutting element aimed at ecosystems’ protection and its impact on human rights. In conclusion, these disputes are ecological legal experiences that extensively redefine human rights law from the meeting between the system of rights and the cultural context of groups historically excluded from the spaces of power. Human rights receive a new axiological content reoriented from the realities of peripheral territories and previously invisible ecological backgrounds through the dynamic interaction with plural subjects that become drivers of transformations.
{"title":"The synergies between human rights and the rights of nature: An ecological dimension from the Latin American climate litigation","authors":"Elisa Fiorini Beckhauser","doi":"10.1177/09240519231223672","DOIUrl":"https://doi.org/10.1177/09240519231223672","url":null,"abstract":"Latin America is highly vulnerable to climate change. From a justice-centred approach, its communities have been using human and constitutional rights as a strategy to combat environmental degradation and protect ecosystems in climate litigation. Thus, the paper analyses the ecological dimension of human rights arising from the Latin American climate litigation by selecting disputes that link human rights and the protection of a specific ecosystem, which enables catching both the right to a healthy environment and the rights of nature. As for the results, the national courts interpret human rights from the notion of a socio-ecological system, emphasising a rights-duties approach based on social justice. The territory becomes a non-static space, there is a long-term temporal scale of rights, and the lawsuits elaborate on the interests of future generations. The rights of nature acknowledge a more-than-human world and argue that nature's legal titularity complements human rights, and both agendas meet at the intersection with the safe climate system. Although climate change appears as a secondary concern, applicants use the climate crisis as a crosscutting element aimed at ecosystems’ protection and its impact on human rights. In conclusion, these disputes are ecological legal experiences that extensively redefine human rights law from the meeting between the system of rights and the cultural context of groups historically excluded from the spaces of power. Human rights receive a new axiological content reoriented from the realities of peripheral territories and previously invisible ecological backgrounds through the dynamic interaction with plural subjects that become drivers of transformations.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"24 5","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139151446","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 : 2023-12-28DOI: 10.1177/09240519231223692
Lorena Muñoz Carmona
Voluntary National Reviews (VNR) have become a valuable instrument for states to share their experiences in the implementation of the Sustainable Development Agenda. VNRs provide useful information on implementation gaps and opportunities, as well as a country's understandings of sustainability over time. Considering the strong overlap between the 2030 Sustainability Agenda and human rights, states should consider the later in their elaboration of VNRs. This article proposes a comparative study of Denmark, Finland, Norway, and Sweden's VNRs to clarify whether and how human rights considerations are integrated into their SDG implementation reporting. The research highlights the existence of silos between some SDGs and internationally recognised human rights, but also points to some strongly consolidated synergies. It also addresses conceptual and policy mismatches, and the key role that civil society and the private sector play bridging human rights and sustainability.
{"title":"Synergies or silos? Exploring human rights considerations in sustainability reporting practices in the Nordics","authors":"Lorena Muñoz Carmona","doi":"10.1177/09240519231223692","DOIUrl":"https://doi.org/10.1177/09240519231223692","url":null,"abstract":"Voluntary National Reviews (VNR) have become a valuable instrument for states to share their experiences in the implementation of the Sustainable Development Agenda. VNRs provide useful information on implementation gaps and opportunities, as well as a country's understandings of sustainability over time. Considering the strong overlap between the 2030 Sustainability Agenda and human rights, states should consider the later in their elaboration of VNRs. This article proposes a comparative study of Denmark, Finland, Norway, and Sweden's VNRs to clarify whether and how human rights considerations are integrated into their SDG implementation reporting. The research highlights the existence of silos between some SDGs and internationally recognised human rights, but also points to some strongly consolidated synergies. It also addresses conceptual and policy mismatches, and the key role that civil society and the private sector play bridging human rights and sustainability.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"253 6‐8","pages":""},"PeriodicalIF":1.6,"publicationDate":"2023-12-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139152670","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 : 2023-12-01DOI: 10.1177/09240519231211815
Audrey Fino
This article critically reviews the UN Strategy and Guidance on Hate Speech as examples of practice and uses them as a springboard to engage with the current legal framework. In doing so, it considers not only international human rights law but the related fields of international criminal and humanitarian law. Building upon the UN Strategy and Guidance, whilst also informed by their shortcomings, the article offers a definition and typology of ‘hate speech’ firmly rooted in the rigours of the rules of interpretation, as crystallised in the Vienna Convention on the Law of Treaties. The law-based approach ensures more transparency, certainty, and predictability of the law of free speech and its limitations. As such, it should also garner the support of more States, the primary duty-holders in international human rights law and lead to a more holistic approach to countering ‘hate speech’, thus achieving the aims of the UN Strategy.
{"title":"A critique of the UN Strategy and Guidance on ‘Hate Speech’: Some Legal Considerations","authors":"Audrey Fino","doi":"10.1177/09240519231211815","DOIUrl":"https://doi.org/10.1177/09240519231211815","url":null,"abstract":"This article critically reviews the UN Strategy and Guidance on Hate Speech as examples of practice and uses them as a springboard to engage with the current legal framework. In doing so, it considers not only international human rights law but the related fields of international criminal and humanitarian law. Building upon the UN Strategy and Guidance, whilst also informed by their shortcomings, the article offers a definition and typology of ‘hate speech’ firmly rooted in the rigours of the rules of interpretation, as crystallised in the Vienna Convention on the Law of Treaties. The law-based approach ensures more transparency, certainty, and predictability of the law of free speech and its limitations. As such, it should also garner the support of more States, the primary duty-holders in international human rights law and lead to a more holistic approach to countering ‘hate speech’, thus achieving the aims of the UN Strategy.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":" 34","pages":"190 - 213"},"PeriodicalIF":1.6,"publicationDate":"2023-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138615844","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 : 2023-11-19DOI: 10.1177/09240519231209785
Katharine Fortin
{"title":"NQHR December 2023","authors":"Katharine Fortin","doi":"10.1177/09240519231209785","DOIUrl":"https://doi.org/10.1177/09240519231209785","url":null,"abstract":"","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"149 3","pages":"179 - 181"},"PeriodicalIF":1.6,"publicationDate":"2023-11-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139260018","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 : 2023-11-14DOI: 10.1177/09240519231214481
Antenor Hallo de Wolf, Roland Moerland
On 29–30 June 2023, the Netherlands Network for Human Rights Research held its annual research day (Toogdag), which focused on the past, present, and future of the Universal Declaration of Human Rights in light of its 75th anniversary. This column comments and reflects on the Declaration's impact in the field of human rights, and ponders on the future challenges that it may face.
{"title":"The UDHR as a living instrument at 75 and beyond","authors":"Antenor Hallo de Wolf, Roland Moerland","doi":"10.1177/09240519231214481","DOIUrl":"https://doi.org/10.1177/09240519231214481","url":null,"abstract":"On 29–30 June 2023, the Netherlands Network for Human Rights Research held its annual research day (Toogdag), which focused on the past, present, and future of the Universal Declaration of Human Rights in light of its 75th anniversary. This column comments and reflects on the Declaration's impact in the field of human rights, and ponders on the future challenges that it may face.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"22 4","pages":"182 - 189"},"PeriodicalIF":1.6,"publicationDate":"2023-11-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139277503","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 : 2023-11-07DOI: 10.1177/09240519231208672
explores in depth femicide and feminicide, bringing together our current knowledge on this phenomenon and its prevention. No country is free from femicide/feminicide, which represents the tip of the iceberg in male violence against women and girls. Therefore, it is crucial and timely to better understand how states and their citizens are experiencing and responding to femi-cide/feminicide globally. Through the work of internationally recognised feminist and grassroots activists, researchers, and academics from around the world, this handbook offers the fi rst in-depth, global examination of the growing social movement to address femicide and feminicide. The handbook includes the current state of knowledge, the prevalence of femicide/feminicide and its characteristics across countries and world regions, as well as the social and legal responses to these killings. The contributions contained here look at the accomplishments of the past four decades, ongoing challenges, as well as current and future priorities to identify where we need to go from here to prevent femicide/feminicide speci fi cally
{"title":"Recent publications December 2023","authors":"","doi":"10.1177/09240519231208672","DOIUrl":"https://doi.org/10.1177/09240519231208672","url":null,"abstract":"explores in depth femicide and feminicide, bringing together our current knowledge on this phenomenon and its prevention. No country is free from femicide/feminicide, which represents the tip of the iceberg in male violence against women and girls. Therefore, it is crucial and timely to better understand how states and their citizens are experiencing and responding to femi-cide/feminicide globally. Through the work of internationally recognised feminist and grassroots activists, researchers, and academics from around the world, this handbook offers the fi rst in-depth, global examination of the growing social movement to address femicide and feminicide. The handbook includes the current state of knowledge, the prevalence of femicide/feminicide and its characteristics across countries and world regions, as well as the social and legal responses to these killings. The contributions contained here look at the accomplishments of the past four decades, ongoing challenges, as well as current and future priorities to identify where we need to go from here to prevent femicide/feminicide speci fi cally","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"51 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135540451","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 : 2023-11-03DOI: 10.1177/09240519231211823
Timo Istace
The protection of the mind through human rights law has been receiving increasing attention in recent years. Concerned by rapid developments in neurotechnology, some scholars have suggested the introduction of so-called ‘neurorights’: that is, human rights that specifically aim to protect people's minds against unwanted intrusion by neurotechnology. However, a cautious approach is advisable. Before robust claims about the need for neurorights can be made, it first needs to be examined what protection is currently offered within the existing human rights framework. Adequate safeguards to counter existing and upcoming threats to people's minds may already be available through an analysis of the current spectrum of human rights and fundamental freedoms. In this article, the role that the existing human rights framework could play in protecting people's minds will be examined. To that aim, first the need to protect people's mental sphere will be discussed. Subsequently, the existing human rights and fundamental freedoms will be assessed on their merits in providing adequate protection.
{"title":"Protecting the mental realm: What does human rights law bring to the table?","authors":"Timo Istace","doi":"10.1177/09240519231211823","DOIUrl":"https://doi.org/10.1177/09240519231211823","url":null,"abstract":"The protection of the mind through human rights law has been receiving increasing attention in recent years. Concerned by rapid developments in neurotechnology, some scholars have suggested the introduction of so-called ‘neurorights’: that is, human rights that specifically aim to protect people's minds against unwanted intrusion by neurotechnology. However, a cautious approach is advisable. Before robust claims about the need for neurorights can be made, it first needs to be examined what protection is currently offered within the existing human rights framework. Adequate safeguards to counter existing and upcoming threats to people's minds may already be available through an analysis of the current spectrum of human rights and fundamental freedoms. In this article, the role that the existing human rights framework could play in protecting people's minds will be examined. To that aim, first the need to protect people's mental sphere will be discussed. Subsequently, the existing human rights and fundamental freedoms will be assessed on their merits in providing adequate protection.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"37 23","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135868557","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 : 2023-10-30DOI: 10.1177/09240519231208306
Antonio Di Marco
This study argues that the Union maintains a double standard on working conditions in relation to the criteria established at international level, which allows to tolerate situations of labour exploitation as ‘unserious’, ‘proportionated’ or ‘normal’ phenomena. By analysing the gaps in the protection of the right to fair and just working conditions, the idea that an upward convergence of workers’ rights would be supported (and required) by the general duty to protect human dignity and to ensure fair competition in the Single Market is advanced. The relationship between these fundamental principles in the implementation of the right to fair and just working conditions is examined through the notion of ‘social market economy’. The aim is to illustrate what kind of measures could (or should) be taken to integrate the protection of human rights and market efficiency, and whether in practice there seems to be an articulation between these fundamental principles or, on the contrary, an insurmountable contradiction.
{"title":"The ‘normality’ of labour exploitation: The right to fair and just working conditions in the union's social market economy","authors":"Antonio Di Marco","doi":"10.1177/09240519231208306","DOIUrl":"https://doi.org/10.1177/09240519231208306","url":null,"abstract":"This study argues that the Union maintains a double standard on working conditions in relation to the criteria established at international level, which allows to tolerate situations of labour exploitation as ‘unserious’, ‘proportionated’ or ‘normal’ phenomena. By analysing the gaps in the protection of the right to fair and just working conditions, the idea that an upward convergence of workers’ rights would be supported (and required) by the general duty to protect human dignity and to ensure fair competition in the Single Market is advanced. The relationship between these fundamental principles in the implementation of the right to fair and just working conditions is examined through the notion of ‘social market economy’. The aim is to illustrate what kind of measures could (or should) be taken to integrate the protection of human rights and market efficiency, and whether in practice there seems to be an articulation between these fundamental principles or, on the contrary, an insurmountable contradiction.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136069324","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 : 2023-09-01DOI: 10.1177/09240519231195753
Aoife Daly
This article reflects on intersections between intergenerational equity, children's rights and the rights of future generations. Recent climate cases involving children and youth are considered, and the fact that few rely on the UN Convention on the Rights of the Child (CRC) is analysed. It is emphasised that intergenerational rights are children's rights – children are a crucial link between current and future generations. In particular the principle of the best interests of the child, which is widespread in national legal systems, should be relied upon more frequently in climate cases. Arguments can be made that failing to accord sufficient attention to children's rights and interests in climate policies violates the best interests principle. Relying on the CRC may increase the chance of successful outcomes in environmental and climate cases; progressing the right to a healthy environment for all. It will also ensure that adequate attention for children's rights is embedded in such cases.
{"title":"Intergenerational rights are children's rights: Upholding the right to a healthy environment through the UNCRC","authors":"Aoife Daly","doi":"10.1177/09240519231195753","DOIUrl":"https://doi.org/10.1177/09240519231195753","url":null,"abstract":"This article reflects on intersections between intergenerational equity, children's rights and the rights of future generations. Recent climate cases involving children and youth are considered, and the fact that few rely on the UN Convention on the Rights of the Child (CRC) is analysed. It is emphasised that intergenerational rights are children's rights – children are a crucial link between current and future generations. In particular the principle of the best interests of the child, which is widespread in national legal systems, should be relied upon more frequently in climate cases. Arguments can be made that failing to accord sufficient attention to children's rights and interests in climate policies violates the best interests principle. Relying on the CRC may increase the chance of successful outcomes in environmental and climate cases; progressing the right to a healthy environment for all. It will also ensure that adequate attention for children's rights is embedded in such cases.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"83 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135588298","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 : 2023-09-01DOI: 10.1177/09240519231195389
Alice Jill Edwards
In my role as the UN's lead expert on tackling torture I see the scale and extent of torture crimes being perpetrated by – and being ignored by – States every day, and everywhere. It is my opinion that only through national prosecutions can the cycle of impunity – the antithesis of accountable government – be broken. For too long, the burden of achieving justice has been pushed onto overloaded and inherently limited international courts and tribunals, even as they play an important role (and sometimes are the only acceptable actor). In this column I make the case why national prosecutions are so important and how they can be achieved.
{"title":"Justice starts at home: A call for stepped-up nationally-led investigations into torture","authors":"Alice Jill Edwards","doi":"10.1177/09240519231195389","DOIUrl":"https://doi.org/10.1177/09240519231195389","url":null,"abstract":"In my role as the UN's lead expert on tackling torture I see the scale and extent of torture crimes being perpetrated by – and being ignored by – States every day, and everywhere. It is my opinion that only through national prosecutions can the cycle of impunity – the antithesis of accountable government – be broken. For too long, the burden of achieving justice has been pushed onto overloaded and inherently limited international courts and tribunals, even as they play an important role (and sometimes are the only acceptable actor). In this column I make the case why national prosecutions are so important and how they can be achieved.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"552 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135298421","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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