Pub Date : 2021-06-01DOI: 10.1177/09240519211014845
Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious ‘praktische Konkordanz’ or rather a messy ‘ménage à trois’?
{"title":"Recent publications in international human rights law","authors":"","doi":"10.1177/09240519211014845","DOIUrl":"https://doi.org/10.1177/09240519211014845","url":null,"abstract":"Ten years after the Charter of Fundamental Rights of the European Union became part of binding primary law, and twenty years since its adoption, this volume assess the application of the EU Charter in the Member States. How often, and in particular by which actors, is the EU Charter invoked at the national level? In what type of situations is it used? Has the approach of national courts in general, and of constitutional courts in particular, to EU law to EU fundamental rights law changed following the entry into force of the Charter? What sort of interplay does the Charter generate with the national bill of rights and the European Convention? Is the life with the Charter on the national level a harmonious ‘praktische Konkordanz’ or rather a messy ‘ménage à trois’?","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"10 1","pages":"182 - 186"},"PeriodicalIF":1.6,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88425947","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 : 2021-06-01DOI: 10.1177/09240519211014872
{"title":"In memoriam: Professor Christof Heyns","authors":"","doi":"10.1177/09240519211014872","DOIUrl":"https://doi.org/10.1177/09240519211014872","url":null,"abstract":"","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"108 1","pages":"79 - 79"},"PeriodicalIF":1.6,"publicationDate":"2021-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87361927","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 : 2021-05-18DOI: 10.1177/09240519211018149
Sébastien Lorion
The human rights professionalisation of civil servants has emerged as a core dimension of governmental human rights focal points (GHRFPs), notably in the 2016 OHCHR’s guide on ‘national mechanisms for reporting and follow-up’. The article investigates this dimension and warns that the role of civil servants is indeed pivotal to human rights compliance strategies but plays out in complex ways. Reflecting on an ethnographic journey within the Human Rights Ministry of Burkina Faso, the article shows how professionalised civil servants fall short of triggering the intended change. It debunks key mechanisms through which agents translate acquired skills and shape GHRFPs’ performance as sites of human rights localisation and coordination. Such ‘deviations’ should not be construed only as local pathologies: they are unintentionally nurtured by international guidance, support and oversight systems. The article calls for a renewed approach to human rights professionalisation, that would recognise – possibly resolve – the unaccounted yet crucial tension between agents’ values and neutral ideal-types for efficient bureaucracies.
{"title":"Inside the Human Rights Ministry of Burkina Faso: How professionalised civil servants shape governmental human rights focal points","authors":"Sébastien Lorion","doi":"10.1177/09240519211018149","DOIUrl":"https://doi.org/10.1177/09240519211018149","url":null,"abstract":"The human rights professionalisation of civil servants has emerged as a core dimension of governmental human rights focal points (GHRFPs), notably in the 2016 OHCHR’s guide on ‘national mechanisms for reporting and follow-up’. The article investigates this dimension and warns that the role of civil servants is indeed pivotal to human rights compliance strategies but plays out in complex ways. Reflecting on an ethnographic journey within the Human Rights Ministry of Burkina Faso, the article shows how professionalised civil servants fall short of triggering the intended change. It debunks key mechanisms through which agents translate acquired skills and shape GHRFPs’ performance as sites of human rights localisation and coordination. Such ‘deviations’ should not be construed only as local pathologies: they are unintentionally nurtured by international guidance, support and oversight systems. The article calls for a renewed approach to human rights professionalisation, that would recognise – possibly resolve – the unaccounted yet crucial tension between agents’ values and neutral ideal-types for efficient bureaucracies.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"2 1","pages":"95 - 118"},"PeriodicalIF":1.6,"publicationDate":"2021-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88246643","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 : 2021-05-18DOI: 10.1177/09240519211016947
Matthieu Niederhauser
The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.
{"title":"Governmental human rights focal points in federal contexts: The implementation of the Istanbul Convention in Switzerland as a case study","authors":"Matthieu Niederhauser","doi":"10.1177/09240519211016947","DOIUrl":"https://doi.org/10.1177/09240519211016947","url":null,"abstract":"The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"2015 1","pages":"140 - 160"},"PeriodicalIF":1.6,"publicationDate":"2021-05-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86105335","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 : 2021-05-11DOI: 10.1177/09240519211015557
C. Caughey
The exploration for tools and approaches that will make the UN human rights treaty system more impactful has been ongoing for over thirty years. The UN Convention on the Rights of Persons with Disabilities continues to represent the most innovative approach to effecting human rights implementation at the domestic level, through placing obligations on States to designate a Disability Focal Point within government and an Independent Monitoring Mechanism outside of government. This article examines the role of Disability Focal Points and considers in particular how the current drive for the establishment of National Mechanisms for Reporting and Follow-Up may have unintended consequences for their development. The article utilises the United Kingdom as a case-study to assess the potential benefits of allocating responsibility for international reporting and follow-up to a Disability Focal Point. The article finds that the role performed by Disability Focal Points at the domestic level makes them best placed to coordinate reporting and follow-up relating to the CRPD. Furthermore, the fact that Disability Focal Points are fully integrated into domestic national policy mechanisms means that they ought to be well positioned to harness the transformative potential of the treaty body examination process.
{"title":"Government human rights focal points: Lessons learned from focal points under the Convention on the Rights of Persons with Disabilities","authors":"C. Caughey","doi":"10.1177/09240519211015557","DOIUrl":"https://doi.org/10.1177/09240519211015557","url":null,"abstract":"The exploration for tools and approaches that will make the UN human rights treaty system more impactful has been ongoing for over thirty years. The UN Convention on the Rights of Persons with Disabilities continues to represent the most innovative approach to effecting human rights implementation at the domestic level, through placing obligations on States to designate a Disability Focal Point within government and an Independent Monitoring Mechanism outside of government. This article examines the role of Disability Focal Points and considers in particular how the current drive for the establishment of National Mechanisms for Reporting and Follow-Up may have unintended consequences for their development. The article utilises the United Kingdom as a case-study to assess the potential benefits of allocating responsibility for international reporting and follow-up to a Disability Focal Point. The article finds that the role performed by Disability Focal Points at the domestic level makes them best placed to coordinate reporting and follow-up relating to the CRPD. Furthermore, the fact that Disability Focal Points are fully integrated into domestic national policy mechanisms means that they ought to be well positioned to harness the transformative potential of the treaty body examination process.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"7 1","pages":"119 - 139"},"PeriodicalIF":1.6,"publicationDate":"2021-05-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"87437550","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 : 2021-03-01DOI: 10.1177/0924051921994753
Matthias Petel, Norman Vander Putten
In light of the expanding critical academic literature on the social and ecological limits to a growth-based paradigm, this article investigates the ties between economic, social and cultural rights (ESC rights) and economic growth in the case law of the Committee on Economic, Social and Cultural Rights (CESCR). It shows that the CESCR assumes economic growth to generally improve the realisation of ESC rights because it increases States’ financial capacity and leads to employment creation. However, while the Committee deems that growth models should be inclusive, the CESCR never adopts a critical perspective on the possibility or desirability to pursue economic growth indefinitely. Despite recent evidence on the contested possibility to decouple economic activity from resource use, the Committee’s recent ecological turn remains embedded in the growth paradigm. This article argues that the Committee should advocate towards decreasing the dependence of ESC rights on growth, especially when a State has reached a certain level of affluence.
{"title":"Economic, social and cultural rights and their dependence on the economic growth paradigm: Evidence from the ICESCR system","authors":"Matthias Petel, Norman Vander Putten","doi":"10.1177/0924051921994753","DOIUrl":"https://doi.org/10.1177/0924051921994753","url":null,"abstract":"In light of the expanding critical academic literature on the social and ecological limits to a growth-based paradigm, this article investigates the ties between economic, social and cultural rights (ESC rights) and economic growth in the case law of the Committee on Economic, Social and Cultural Rights (CESCR). It shows that the CESCR assumes economic growth to generally improve the realisation of ESC rights because it increases States’ financial capacity and leads to employment creation. However, while the Committee deems that growth models should be inclusive, the CESCR never adopts a critical perspective on the possibility or desirability to pursue economic growth indefinitely. Despite recent evidence on the contested possibility to decouple economic activity from resource use, the Committee’s recent ecological turn remains embedded in the growth paradigm. This article argues that the Committee should advocate towards decreasing the dependence of ESC rights on growth, especially when a State has reached a certain level of affluence.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"1 1","pages":"53 - 72"},"PeriodicalIF":1.6,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"77214076","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 : 2021-03-01DOI: 10.1177/0924051921992749
Cathérine Van de Graaf
Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.
{"title":"Procedural fairness: Between human rights law and social psychology","authors":"Cathérine Van de Graaf","doi":"10.1177/0924051921992749","DOIUrl":"https://doi.org/10.1177/0924051921992749","url":null,"abstract":"Fair procedures have long been a topic of great interest for human rights lawyers. Yet, few authors have drawn on research from other disciplines to enrich the discussion. Social psychological procedural justice research has demonstrated in various applications that, besides the final outcome, the manner in which one’s case is handled matters to people as well. Such research has shown the impact of procedural justice on individuals’ well-being, their acceptance of unfavourable decisions, perceptions of legitimacy and public confidence. The ECtHR has confirmed the desirability of these effects in its fair trial jurisprudence. Thus far, it remains unclear to what extent the guarantees offered by Article 6(1) of the European Convention on Human Rights (the right to a fair trial) coincide with the findings of empirical procedural justice research. This article aims to rectify this and uncover similarities between the two disciplines.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"20 1","pages":"11 - 29"},"PeriodicalIF":1.6,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88733736","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 : 2021-03-01DOI: 10.1177/0924051921992747
Colin Luoma
Canada’s National Inquiry into Missing and Murdered Indigenous Women and Girls (the ‘MMIWG Inquiry’) is the latest truth-seeking body to grapple with legacies of violence against indigenous peoples in settler colonial states. While the name, Missing and Murdered, ostensibly limits its scope of application to bodily integrity crimes, the MMIWG Inquiry instead embraced an expansive understanding of violence to encompass gross violations of indigenous cultural rights and cultural harm more generally. This article argues that this holistic approach represents a stark departure from mainstream transitional justice models which have overwhelmingly prioritised the redress of a limited set of civil and political rights violations, while neglecting the underlying structural violence and cultural harm that permeates divided societies. This article advances a case to understand the MMIWG Inquiry as a transitional justice mechanism and draws upon its Final Report to analyse how truth commissions can engage with cultural rights violations in more meaningful ways. By directly and robustly accounting for indigenous cultural harm, the MMIWG Inquiry challenged the conventional parameters of the field and demonstrated the opportunity and utility of addressing cultural rights violations through a transitional justice framework.
{"title":"Closing the cultural rights gap in transitional justice: Developments from Canada’s National Inquiry into Missing and Murdered Indigenous Women and Girls","authors":"Colin Luoma","doi":"10.1177/0924051921992747","DOIUrl":"https://doi.org/10.1177/0924051921992747","url":null,"abstract":"Canada’s National Inquiry into Missing and Murdered Indigenous Women and Girls (the ‘MMIWG Inquiry’) is the latest truth-seeking body to grapple with legacies of violence against indigenous peoples in settler colonial states. While the name, Missing and Murdered, ostensibly limits its scope of application to bodily integrity crimes, the MMIWG Inquiry instead embraced an expansive understanding of violence to encompass gross violations of indigenous cultural rights and cultural harm more generally. This article argues that this holistic approach represents a stark departure from mainstream transitional justice models which have overwhelmingly prioritised the redress of a limited set of civil and political rights violations, while neglecting the underlying structural violence and cultural harm that permeates divided societies. This article advances a case to understand the MMIWG Inquiry as a transitional justice mechanism and draws upon its Final Report to analyse how truth commissions can engage with cultural rights violations in more meaningful ways. By directly and robustly accounting for indigenous cultural harm, the MMIWG Inquiry challenged the conventional parameters of the field and demonstrated the opportunity and utility of addressing cultural rights violations through a transitional justice framework.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"51 1","pages":"30 - 52"},"PeriodicalIF":1.6,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"90682396","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 : 2021-03-01DOI: 10.1177/0924051921996697
Lorena Sosa
Although resistance to the incorporation of ‘gender’ in human rights law and policies is not new, since 2013 anti-gender campaigns have articulated as movements and increased their visibility. More recently, the transnational dimension of the anti-gender offensive has become visible as a challenge to human rights standards, including the anti-violence against women project, and a process of democratic erosion. In this column, I make a short overview of this social and political phenomenon and describe how these anti-gender campaigns have entered the human rights systems and their discourse has shifted from religious justifications towards legal ones. I conclude with general suggestions to strengthen the resilience of the human rights systems to these processes.
{"title":"Beyond gender equality? Anti-gender campaigns and the erosion of human rights and democracy","authors":"Lorena Sosa","doi":"10.1177/0924051921996697","DOIUrl":"https://doi.org/10.1177/0924051921996697","url":null,"abstract":"Although resistance to the incorporation of ‘gender’ in human rights law and policies is not new, since 2013 anti-gender campaigns have articulated as movements and increased their visibility. More recently, the transnational dimension of the anti-gender offensive has become visible as a challenge to human rights standards, including the anti-violence against women project, and a process of democratic erosion. In this column, I make a short overview of this social and political phenomenon and describe how these anti-gender campaigns have entered the human rights systems and their discourse has shifted from religious justifications towards legal ones. I conclude with general suggestions to strengthen the resilience of the human rights systems to these processes.","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"38 1","pages":"3 - 10"},"PeriodicalIF":1.6,"publicationDate":"2021-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"89570880","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 : 2021-02-15DOI: 10.1177/0924051921993090
D. Lauri
Humanitarianism:
人道主义:
{"title":"Recent publications on international human rights law","authors":"D. Lauri","doi":"10.1177/0924051921993090","DOIUrl":"https://doi.org/10.1177/0924051921993090","url":null,"abstract":"Humanitarianism:","PeriodicalId":44610,"journal":{"name":"Netherlands Quarterly of Human Rights","volume":"12 1","pages":"73 - 76"},"PeriodicalIF":1.6,"publicationDate":"2021-02-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82415112","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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