Violations of the rights of migrants by state actors at the EU’s external borders, including through the use of pushbacks and indiscriminate violence, both on land and sea, have resulted in NGOs, lawyers and citizen activists engaging in forms of humanitarian action and legal mobilization aimed at contesting inhumane state policies. State actors can similarly rely on various legal tools to create a chilling effect and a hostile environment for migrants’ rights activism. Such practices can be considered to constitute a form of lawfare against migrants’ rights activism, an instrumental and hegemonic use of the law in order to weaken support for migrants. The use of criminal law has been a common tool of lawfare at the European Union’s external borders. However, administrative law is increasingly being used to bring activists into compliance with states’ interests, creating compliant environments through the use of regulatory instruments and administrative sanctions. To critically assess the instrumental use of administrative law as a form of lawfare, it makes sense to review their application at the EU’s external borders. A good opportunity for such a review is being provided by looking at the administrative regulation of search and rescue (SAR) operations in the Mediterranean creating a hostile environment for SAR NGOs in the case of Italy, and the instrumental use of administrative regulations to limit access for activists to the Polish-Belarusian border in the case of Poland.
{"title":"Administrative Lawfare at the European Union’s External Borders: Some Perspectives on Administrative Regulation of NGO Search and Rescue Activities in Italy and the Situation at the Polish-Belarusian Border","authors":"Lukasz Dziedzic","doi":"10.1093/jhuman/huae028","DOIUrl":"https://doi.org/10.1093/jhuman/huae028","url":null,"abstract":"Violations of the rights of migrants by state actors at the EU’s external borders, including through the use of pushbacks and indiscriminate violence, both on land and sea, have resulted in NGOs, lawyers and citizen activists engaging in forms of humanitarian action and legal mobilization aimed at contesting inhumane state policies. State actors can similarly rely on various legal tools to create a chilling effect and a hostile environment for migrants’ rights activism. Such practices can be considered to constitute a form of lawfare against migrants’ rights activism, an instrumental and hegemonic use of the law in order to weaken support for migrants. The use of criminal law has been a common tool of lawfare at the European Union’s external borders. However, administrative law is increasingly being used to bring activists into compliance with states’ interests, creating compliant environments through the use of regulatory instruments and administrative sanctions. To critically assess the instrumental use of administrative law as a form of lawfare, it makes sense to review their application at the EU’s external borders. A good opportunity for such a review is being provided by looking at the administrative regulation of search and rescue (SAR) operations in the Mediterranean creating a hostile environment for SAR NGOs in the case of Italy, and the instrumental use of administrative regulations to limit access for activists to the Polish-Belarusian border in the case of Poland.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"11 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-09-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142249375","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Human rights bodies formulate highly specific orders to minimize the risk of State non-compliance. However, specificity comes at a cost, reducing State autonomy when local agents implement measures on the ground. This article develops the concept of specificity in human rights reparations and analyses the specificity formulas deployed by the Inter-American Court of Human Rights in structural measures as a form of positive subsidiarity. We employ qualitative data analysis software to process 322 measures of non-repetition ordered by the Inter-American Court through to the end of 2020. This analysis identifies two modes of specificity: process-based, which defines procedures for compliance, and outcome-based, which sets the goals for the State. After coding over 800 segments of text from Court decisions, we outline an exhaustive legal framework with 26 process-based categories and 2 outcome-based forms of specificity. We conclude that outcome-based specificity can help courts balance positive subsidiarity and State autonomy in the design of reparations.
{"title":"Specificity in the Inter-American Court of Human Rights","authors":"Nicolás Buitrago-Rey, Paloma Núñez-Fernández, Aníbal Pérez-Liñán, Angélica Suárez-Torres","doi":"10.1093/jhuman/huae026","DOIUrl":"https://doi.org/10.1093/jhuman/huae026","url":null,"abstract":"Human rights bodies formulate highly specific orders to minimize the risk of State non-compliance. However, specificity comes at a cost, reducing State autonomy when local agents implement measures on the ground. This article develops the concept of specificity in human rights reparations and analyses the specificity formulas deployed by the Inter-American Court of Human Rights in structural measures as a form of positive subsidiarity. We employ qualitative data analysis software to process 322 measures of non-repetition ordered by the Inter-American Court through to the end of 2020. This analysis identifies two modes of specificity: process-based, which defines procedures for compliance, and outcome-based, which sets the goals for the State. After coding over 800 segments of text from Court decisions, we outline an exhaustive legal framework with 26 process-based categories and 2 outcome-based forms of specificity. We conclude that outcome-based specificity can help courts balance positive subsidiarity and State autonomy in the design of reparations.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"26 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142224513","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article discusses jurisdictional issues when cases related to arbitral awards of the Court of Arbitration for Sport end up before the European Court of Human Rights (ECtHR). By focusing on the ECtHR’s Third Chamber judgment in the Semenya case, it discusses how the unique governance structure of sports governing bodies, as the benchmark for such disputes, has distorted the traditional jurisdictional paradigms of the ECtHR, posing challenges for the Court in addressing potential human rights violations in the realm of sports. This article argues that human rights claims arising from sports activities form a new class of human rights litigation stemming from the activities of private actors with a strong public character. Such dynamics grant the ECtHR a central role as the ultimate arbiter in protecting human rights within the realm of sports and require it to subject the sports proceedings to a comprehensive review both on procedural and substantive grounds, even with relation to athletes residing outside the territory of Council of Europe member States.
{"title":"A Jurisdictional Vertigo: Compulsory Arbitration, Sports and the European Court of Human Rights","authors":"Faraz Shahlaei","doi":"10.1093/jhuman/huae022","DOIUrl":"https://doi.org/10.1093/jhuman/huae022","url":null,"abstract":"This article discusses jurisdictional issues when cases related to arbitral awards of the Court of Arbitration for Sport end up before the European Court of Human Rights (ECtHR). By focusing on the ECtHR’s Third Chamber judgment in the Semenya case, it discusses how the unique governance structure of sports governing bodies, as the benchmark for such disputes, has distorted the traditional jurisdictional paradigms of the ECtHR, posing challenges for the Court in addressing potential human rights violations in the realm of sports. This article argues that human rights claims arising from sports activities form a new class of human rights litigation stemming from the activities of private actors with a strong public character. Such dynamics grant the ECtHR a central role as the ultimate arbiter in protecting human rights within the realm of sports and require it to subject the sports proceedings to a comprehensive review both on procedural and substantive grounds, even with relation to athletes residing outside the territory of Council of Europe member States.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"217 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142187580","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The idea of the world as a global village has brought about various transnational problems. One of these problems is the transition of forced marriages into the modern form of slavery. Forced marriage continues to be a violation of human rights specifically in the context of modern slavery, usually existing during armed conflicts. Such a violation is linked to modern slavery as it constitutes slavery-like practices, including abuse, sexual assault, rape, domestic violence, and so on. In literature and practice, forced marriages in times of armed conflicts are usually labelled as personal problems requiring personal solutions. Factors such as financial crisis, threats to honour, and family protection lead to forced marriages in conflict zones. Such factors have been overlooked, resulting in the absence of legislation across the globe to prohibit forced marriages during conflicts. Consequently, international laws need to be on the same page in the categorization of forced marriages as modern slavery by considering it a specified form of human rights violation. Inconsistent labelling in this regard has produced ambiguity in resolving the issue through practical mechanisms. Severe violations of human rights continue to occur due to the absence of an explicit prohibition of forced marriage in armed conflicts, as highlighted through multiple case studies in this research. A preventive solution is required to hinder the practice that is feasible through the codification of the prevention mechanisms under International Law (IL) and International Humanitarian Law (IHL).
{"title":"Forced Marriages in Times of Armed Conflict: An Implicit Paradox of Modern Slavery under International Humanitarian Law","authors":"Nimra Ali, Zainab Iqbal, Nadia Khadam","doi":"10.1093/jhuman/huae023","DOIUrl":"https://doi.org/10.1093/jhuman/huae023","url":null,"abstract":"The idea of the world as a global village has brought about various transnational problems. One of these problems is the transition of forced marriages into the modern form of slavery. Forced marriage continues to be a violation of human rights specifically in the context of modern slavery, usually existing during armed conflicts. Such a violation is linked to modern slavery as it constitutes slavery-like practices, including abuse, sexual assault, rape, domestic violence, and so on. In literature and practice, forced marriages in times of armed conflicts are usually labelled as personal problems requiring personal solutions. Factors such as financial crisis, threats to honour, and family protection lead to forced marriages in conflict zones. Such factors have been overlooked, resulting in the absence of legislation across the globe to prohibit forced marriages during conflicts. Consequently, international laws need to be on the same page in the categorization of forced marriages as modern slavery by considering it a specified form of human rights violation. Inconsistent labelling in this regard has produced ambiguity in resolving the issue through practical mechanisms. Severe violations of human rights continue to occur due to the absence of an explicit prohibition of forced marriage in armed conflicts, as highlighted through multiple case studies in this research. A preventive solution is required to hinder the practice that is feasible through the codification of the prevention mechanisms under International Law (IL) and International Humanitarian Law (IHL).","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"8 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142187581","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This article seeks to understand how the concept of ambiguous loss can help explain why and how the issue of missing persons becomes a tool of politics, in terms of being instrumentalized to advance particular political agendas. Ambiguous loss is constructed relationally within the social systems that family members of the missing occupy and, as a result, social and political contexts play a crucial role in both defining ambiguity and in mediating the impacts of ambiguous loss. Because ambiguity is discursively and relationally constructed and meaning made from it subject to existing power relations, it is inherently political. The extreme and chronic trauma of ambiguous loss reshapes individuals’, families’ and, potentially, communities’ perspectives on events in which people have gone missing, making the trauma of ambiguous loss one that lends itself to being framed as a collective trauma with impacts for the entire group. More than this, the impacts of ambiguous loss resonate with what have been called ‘chosen traumas’, used to create group identities in the light of extreme experiences. In particular, the importance in ambiguous loss of meaning making and of the challenge of forgetting resonates with what makes collective traumas effective tools of politics.
{"title":"The Politics of Ambiguous Loss: Missing Persons and Social Ecologies after Armed Conflict","authors":"Simon Robins","doi":"10.1093/jhuman/huae020","DOIUrl":"https://doi.org/10.1093/jhuman/huae020","url":null,"abstract":"This article seeks to understand how the concept of ambiguous loss can help explain why and how the issue of missing persons becomes a tool of politics, in terms of being instrumentalized to advance particular political agendas. Ambiguous loss is constructed relationally within the social systems that family members of the missing occupy and, as a result, social and political contexts play a crucial role in both defining ambiguity and in mediating the impacts of ambiguous loss. Because ambiguity is discursively and relationally constructed and meaning made from it subject to existing power relations, it is inherently political. The extreme and chronic trauma of ambiguous loss reshapes individuals’, families’ and, potentially, communities’ perspectives on events in which people have gone missing, making the trauma of ambiguous loss one that lends itself to being framed as a collective trauma with impacts for the entire group. More than this, the impacts of ambiguous loss resonate with what have been called ‘chosen traumas’, used to create group identities in the light of extreme experiences. In particular, the importance in ambiguous loss of meaning making and of the challenge of forgetting resonates with what makes collective traumas effective tools of politics.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"101 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-08-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"142187582","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
The Black Lives Matter movement highlighted the importance of equality, diversity and inclusion (EDI) in a policing context. Using the Irish police service, An Garda Síochána, as a case study, this article critically evaluates efforts to promote EDI within a policing organization that has been characterized as resistant to change. It focuses primarily on the implementation of relevant recommendations contained in the landmark 2018 Report of the Commission on the Future of Policing in Ireland. It demonstrates that while building a culture that respects and promotes EDI within any organization is a challenging process, it can be even more difficult in policing organizations due to police sub-culture. It submits that laws, policies and commitments, while necessary, are insufficient of themselves to achieve transformative change. Strong and committed leadership is also required, as well as measures to recruit and retain a diverse workforce at all levels, sufficient resourcing for EDI initiatives, EDI training that accords with international best practice, efforts to improve relationships with marginalized communities, measures to combat hate crime and racial profiling, effective mechanisms for collecting EDI data and evaluating EDI policies, and a robust governance, oversight and accountability framework. While identifying and welcoming measures undertaken to date by An Garda Síochána to convert EDI policy commitments into reality, the article also highlights areas where improvements are necessary. Finally, aligning with several theorists of police sub-culture, the article concludes that any efforts to promote EDI within An Garda Síochána will need to be accompanied by efforts to combat structural inequality in wider society.
{"title":"Equality, Diversity and Inclusion within Ireland’s Police Service, An Garda Síochána: Bridging the Gap between Commitments and Reality","authors":"Caroline Sweeney","doi":"10.1093/jhuman/huae021","DOIUrl":"https://doi.org/10.1093/jhuman/huae021","url":null,"abstract":"The Black Lives Matter movement highlighted the importance of equality, diversity and inclusion (EDI) in a policing context. Using the Irish police service, An Garda Síochána, as a case study, this article critically evaluates efforts to promote EDI within a policing organization that has been characterized as resistant to change. It focuses primarily on the implementation of relevant recommendations contained in the landmark 2018 Report of the Commission on the Future of Policing in Ireland. It demonstrates that while building a culture that respects and promotes EDI within any organization is a challenging process, it can be even more difficult in policing organizations due to police sub-culture. It submits that laws, policies and commitments, while necessary, are insufficient of themselves to achieve transformative change. Strong and committed leadership is also required, as well as measures to recruit and retain a diverse workforce at all levels, sufficient resourcing for EDI initiatives, EDI training that accords with international best practice, efforts to improve relationships with marginalized communities, measures to combat hate crime and racial profiling, effective mechanisms for collecting EDI data and evaluating EDI policies, and a robust governance, oversight and accountability framework. While identifying and welcoming measures undertaken to date by An Garda Síochána to convert EDI policy commitments into reality, the article also highlights areas where improvements are necessary. Finally, aligning with several theorists of police sub-culture, the article concludes that any efforts to promote EDI within An Garda Síochána will need to be accompanied by efforts to combat structural inequality in wider society.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"28 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141939389","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Katherine Mayall, Christina Zampas, Rosario Grimà Algora
International and regional human rights mechanisms are essential tools for ensuring access to justice for human rights violations and advancing measures of non-repetition, such as domestic law and policy reform. Scholarship on the impacts of these mechanisms have largely centred on the resulting domestic law and policy reform in the countries at issue in these cases and the resulting normative standards human rights bodies have established. The cross-fertilization of these cases among other international and regional human rights mechanisms and domestic courts remains an important but underexplored aspect of how such cases influence progress towards the realization of human rights. Through the lens of four landmark cases on sexual and reproductive health and rights, this article examines the influence of these cases in jurisprudence from across the globe, demonstrating how such decisions have reverberated across borders. These rippling effects of strategic litigation constitute an important impact that should be taken into account when evaluating the influence and efficacy of these mechanisms.
{"title":"Mapping the Cross-Border Influence of Regional and International Reproductive Rights Cases","authors":"Katherine Mayall, Christina Zampas, Rosario Grimà Algora","doi":"10.1093/jhuman/huae018","DOIUrl":"https://doi.org/10.1093/jhuman/huae018","url":null,"abstract":"International and regional human rights mechanisms are essential tools for ensuring access to justice for human rights violations and advancing measures of non-repetition, such as domestic law and policy reform. Scholarship on the impacts of these mechanisms have largely centred on the resulting domestic law and policy reform in the countries at issue in these cases and the resulting normative standards human rights bodies have established. The cross-fertilization of these cases among other international and regional human rights mechanisms and domestic courts remains an important but underexplored aspect of how such cases influence progress towards the realization of human rights. Through the lens of four landmark cases on sexual and reproductive health and rights, this article examines the influence of these cases in jurisprudence from across the globe, demonstrating how such decisions have reverberated across borders. These rippling effects of strategic litigation constitute an important impact that should be taken into account when evaluating the influence and efficacy of these mechanisms.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"33 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141969060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
This note presents and analyses the Centre for Applied Legal Studies’ (CALS) considerations regarding whether to intervene as an amicus curiae or a co-applicant in Embrace v. Minister of Justice and Correctional Services (Embrace), a legal case which questions the constitutionality of the mistaken belief in consent defence in relation to rape (and other sexual offences). To present CALS’ litigation considerations, which formed the decision of whether to intervene in Embrace as an amicus curiae or co-applicant, this note presents the legal context around the mistaken belief defence. It then expands on CALS’ position around the framing of mistaken belief, which differs from the two applicants in Embrace. Finally, it presents CALS’ considerations that were required around entering the Embrace case as an applicant as opposed to entering as an amicus curia. The considerations included the benefit of co-applicants to raise new legal issues, and the forms of recourse available to amici versus co-applicants, the principle of the ‘low-hanging fruits’, and finally, potential liability around costs.
{"title":"Challenging Consent—Applicant Versus Amicus Curiae Interventions in Sexual Violence Cases in South Africa","authors":"Sheena Swemmer","doi":"10.1093/jhuman/huae013","DOIUrl":"https://doi.org/10.1093/jhuman/huae013","url":null,"abstract":"This note presents and analyses the Centre for Applied Legal Studies’ (CALS) considerations regarding whether to intervene as an amicus curiae or a co-applicant in Embrace v. Minister of Justice and Correctional Services (Embrace), a legal case which questions the constitutionality of the mistaken belief in consent defence in relation to rape (and other sexual offences). To present CALS’ litigation considerations, which formed the decision of whether to intervene in Embrace as an amicus curiae or co-applicant, this note presents the legal context around the mistaken belief defence. It then expands on CALS’ position around the framing of mistaken belief, which differs from the two applicants in Embrace. Finally, it presents CALS’ considerations that were required around entering the Embrace case as an applicant as opposed to entering as an amicus curia. The considerations included the benefit of co-applicants to raise new legal issues, and the forms of recourse available to amici versus co-applicants, the principle of the ‘low-hanging fruits’, and finally, potential liability around costs.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-07-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141771064","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Kathleen Gu, Dylan K Kim, Lauren E Kleidermacher, Anne D Berhe, Alexander D Sanjurjo, Ryan M Leone, Simone R Dreux, Allison P Lin, Mina Yuan, Eunice Yang, Ashwin Viswanathan, Isabella M Lorence, Melissa Wang, Kevin Molyneux, Prantik Saha, Michael J Devlin
Student-run asylum clinics within medical schools represent a promising alternative to costly medicolegal services for people seeking asylum by providing pro bono forensic medical evaluations. However, there exist significant operational barriers to creating and developing such clinics, which depend largely on volunteerism and limited financial budgets. This policy and practice note not only presents a framework aimed at navigating these barriers in developing a student-run asylum clinic but also outlines critical challenges and recommendations for addressing them. We describe three principal components of clinic structure: community outreach and service, administration of forensic medical evaluations, and continuity of care. We also highlight challenges, such as access to a physical space for evaluations, maintenance of interpreter access and quality, standardization of clinician evaluator expectations, clinician evaluator availability, and evaluator wellbeing. Recommendations include the incorporation of a diversity of referral sources, opportunities for clinician-clinician shadowing, evaluation quality assessment, affidavit standardization, and development of interdisciplinary partnership.
{"title":"Operations of a Student-Run Asylum Clinic: Frameworks, Challenges, and Recommendations","authors":"Kathleen Gu, Dylan K Kim, Lauren E Kleidermacher, Anne D Berhe, Alexander D Sanjurjo, Ryan M Leone, Simone R Dreux, Allison P Lin, Mina Yuan, Eunice Yang, Ashwin Viswanathan, Isabella M Lorence, Melissa Wang, Kevin Molyneux, Prantik Saha, Michael J Devlin","doi":"10.1093/jhuman/huae015","DOIUrl":"https://doi.org/10.1093/jhuman/huae015","url":null,"abstract":"Student-run asylum clinics within medical schools represent a promising alternative to costly medicolegal services for people seeking asylum by providing pro bono forensic medical evaluations. However, there exist significant operational barriers to creating and developing such clinics, which depend largely on volunteerism and limited financial budgets. This policy and practice note not only presents a framework aimed at navigating these barriers in developing a student-run asylum clinic but also outlines critical challenges and recommendations for addressing them. We describe three principal components of clinic structure: community outreach and service, administration of forensic medical evaluations, and continuity of care. We also highlight challenges, such as access to a physical space for evaluations, maintenance of interpreter access and quality, standardization of clinician evaluator expectations, clinician evaluator availability, and evaluator wellbeing. Recommendations include the incorporation of a diversity of referral sources, opportunities for clinician-clinician shadowing, evaluation quality assessment, affidavit standardization, and development of interdisciplinary partnership.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"59 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141771175","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
As international humanitarian law (IHL) and international human rights law (IHRL) continue to be violated, engaging non-state armed groups (NSAGs) remains an arduous task for humanitarian workers. Among the novel approaches to promote and defend these legal regimes among NSAGs, growing attention is devoted to the roles that religious leaders might play in promoting behaviours in compliance with IHL and IHRL. This approach seems especially pertinent in the case of religiously driven NSAGs, such as Hayat Tahrir al-Sham (HTS) in north-west Syria and Ansar Allah in north Yemen. This article aims to provide valuable insight on the potential of humanitarian engagement with religious leaders in these contexts. It starts by exploring the relationship between religious leaders active in north-west Syria and north Yemen and HTS and Ansar Allah respectively. The analysis proceeds by exploring whether those relationships had an impact over the NSAGs’ compliance/non-compliance with IHL and IHRL. Finally, we engage in an explanatory effort to make sense of the similarities and differences identified in the influence that religious leaders exercise (or do not exercise) on HTS and Ansar Allah in matters of humanitarian norms compliance.
{"title":"Armed Groups, Religious Leaders, and Humanitarian Norms: A Case Study of Hayat Tahrir al-Sham in Syria and Ansar Allah in Yemen","authors":"Marta Furlan, Omar Ahmed Abenza","doi":"10.1093/jhuman/huae012","DOIUrl":"https://doi.org/10.1093/jhuman/huae012","url":null,"abstract":"As international humanitarian law (IHL) and international human rights law (IHRL) continue to be violated, engaging non-state armed groups (NSAGs) remains an arduous task for humanitarian workers. Among the novel approaches to promote and defend these legal regimes among NSAGs, growing attention is devoted to the roles that religious leaders might play in promoting behaviours in compliance with IHL and IHRL. This approach seems especially pertinent in the case of religiously driven NSAGs, such as Hayat Tahrir al-Sham (HTS) in north-west Syria and Ansar Allah in north Yemen. This article aims to provide valuable insight on the potential of humanitarian engagement with religious leaders in these contexts. It starts by exploring the relationship between religious leaders active in north-west Syria and north Yemen and HTS and Ansar Allah respectively. The analysis proceeds by exploring whether those relationships had an impact over the NSAGs’ compliance/non-compliance with IHL and IHRL. Finally, we engage in an explanatory effort to make sense of the similarities and differences identified in the influence that religious leaders exercise (or do not exercise) on HTS and Ansar Allah in matters of humanitarian norms compliance.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"237 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2024-07-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141520670","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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