Abstract The human right to food is a fundamental pillar for guaranteeing human dignity and the existence of human beings. It is configured in the international legal system as the possibility of supplying a minimum amount of food necessary to avoid death by hunger, as well as healthy and adequate food for all people. The path to its recognition and conceptualization has been hazardous and is currently not free of real problems that affect its realization. Protection of the right at the national level has taken different forms: express or indirect recognition, recognition of the validity of international law norms in national law, jurisprudence or through the principles of the State. Nevertheless, the hunger problem persists, and the problems associated with nutrition continue to increase. Issues of nutritional security and food sovereignty are linked to the human right to food and are not incompatible with that right. In this regard, conceptual currents define the right from various perspectives, but they are insufficient to meet today’s demands. This research aims to support the four-fold legal interpretation thesis with a legal-theoretical approach to contextualize the right to food in the current circumstances. This article is structured in the first part to analyse the different definitions that shape the right to food. It then briefly presents the four-fold legal interpretation thesis and, finally, some arguments for reconfiguring the human right to food. The research methods used are legal-theoretical, legal-analytical and document analysis.
{"title":"Rethinking the Human Right to Food from a Single Perspective to a Four-Fold Legal Interpretation","authors":"Jorge Freddy Milian Gómez","doi":"10.1093/jhuman/huad047","DOIUrl":"https://doi.org/10.1093/jhuman/huad047","url":null,"abstract":"Abstract The human right to food is a fundamental pillar for guaranteeing human dignity and the existence of human beings. It is configured in the international legal system as the possibility of supplying a minimum amount of food necessary to avoid death by hunger, as well as healthy and adequate food for all people. The path to its recognition and conceptualization has been hazardous and is currently not free of real problems that affect its realization. Protection of the right at the national level has taken different forms: express or indirect recognition, recognition of the validity of international law norms in national law, jurisprudence or through the principles of the State. Nevertheless, the hunger problem persists, and the problems associated with nutrition continue to increase. Issues of nutritional security and food sovereignty are linked to the human right to food and are not incompatible with that right. In this regard, conceptual currents define the right from various perspectives, but they are insufficient to meet today’s demands. This research aims to support the four-fold legal interpretation thesis with a legal-theoretical approach to contextualize the right to food in the current circumstances. This article is structured in the first part to analyse the different definitions that shape the right to food. It then briefly presents the four-fold legal interpretation thesis and, finally, some arguments for reconfiguring the human right to food. The research methods used are legal-theoretical, legal-analytical and document analysis.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136062634","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}
Abstract This review (in memory of David Petrasek) considers Lyndsey Stonebridge’s Placeless People: Writing, Rights, and Refugees and explores the book’s key implications for human rights practitioners and their organizations. The review is one of three contributions to this Fifteenth Anniversary Issue’s Review Section from members of the JHRP Editorial Team and JHRP Editorial Board—highlighting a book of particular significance to human rights practitioners and educators published between 2008 and 2023.
{"title":"‘What Are You Going Through?’ Reflections on Lyndsey Stonebridge’s <i>Placeless People: Writing, Rights, and Refugees</i>—in memory of David Petrasek","authors":"Brian Phillips","doi":"10.1093/jhuman/huad043","DOIUrl":"https://doi.org/10.1093/jhuman/huad043","url":null,"abstract":"Abstract This review (in memory of David Petrasek) considers Lyndsey Stonebridge’s Placeless People: Writing, Rights, and Refugees and explores the book’s key implications for human rights practitioners and their organizations. The review is one of three contributions to this Fifteenth Anniversary Issue’s Review Section from members of the JHRP Editorial Team and JHRP Editorial Board—highlighting a book of particular significance to human rights practitioners and educators published between 2008 and 2023.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135407261","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}
Abstract The Armenian Memory Project (AMP) is a collaborative effort designed to harness the energy and resources of the University of Connecticut and the New England Armenian community for the goal of fostering greater understanding of the region’s Armenian cultural heritage and the impact human rights crimes had on the Armenian community. In 2019, students and faculty from the university worked with Armenian American institutions and individuals on an initial component of the AMP, employing digital media technology to tell the story of one immigrant Armenian family, the Dildilians. A unique course was created to produce a documentary film centring around this family’s experiences in Ottoman Turkey before, during, and after the Armenian Genocide. Designed and taught by a documentary filmmaker with support from a family archivist/historian, the course brought students together in a collaborative learning experience. By immersing themselves in the family’s extensive photograph archive, these students came to understand the important role that the past continues to play in the lives of present-day Armenians. Furthermore, by taking on the responsibility as storytellers of the Dildilian narrative, students developed a deeper identification with this distant history and, in a wider sense, an appreciation for the ethical value of memory in bearing witness to the past. This collaborative and participatory framework for teaching using archival collections can serve as a model for creating a transformative learning experience in the study of human rights, war, and genocide.
{"title":"The Power of Personal Archives in Witnessing, Teaching, and Visual Storytelling: The Armenian Memory Project","authors":"Catherine Masud, Armen T Marsoobian","doi":"10.1093/jhuman/huad040","DOIUrl":"https://doi.org/10.1093/jhuman/huad040","url":null,"abstract":"Abstract The Armenian Memory Project (AMP) is a collaborative effort designed to harness the energy and resources of the University of Connecticut and the New England Armenian community for the goal of fostering greater understanding of the region’s Armenian cultural heritage and the impact human rights crimes had on the Armenian community. In 2019, students and faculty from the university worked with Armenian American institutions and individuals on an initial component of the AMP, employing digital media technology to tell the story of one immigrant Armenian family, the Dildilians. A unique course was created to produce a documentary film centring around this family’s experiences in Ottoman Turkey before, during, and after the Armenian Genocide. Designed and taught by a documentary filmmaker with support from a family archivist/historian, the course brought students together in a collaborative learning experience. By immersing themselves in the family’s extensive photograph archive, these students came to understand the important role that the past continues to play in the lives of present-day Armenians. Furthermore, by taking on the responsibility as storytellers of the Dildilian narrative, students developed a deeper identification with this distant history and, in a wider sense, an appreciation for the ethical value of memory in bearing witness to the past. This collaborative and participatory framework for teaching using archival collections can serve as a model for creating a transformative learning experience in the study of human rights, war, and genocide.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136280094","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}
Abstract This review considers Abdullahi Ahmed An-Naim’s Decolonizing Human Rights and explores the book’s key implications for human rights practitioners and their organizations. The review also includes An-Naim’s reflections on the book as shared in an interview with Brian Phillips, Journal of Human Rights Practice Reviews Editor, in November 2022. The piece inaugurates a series of essays which will appear in the journal’s Review Section in the year ahead marking the 75th Anniversary of the Universal Declaration of Human Rights.
{"title":"Toward a Truly Universal Declaration of Human Rights: Talking Cultural Transformation with Abdullahi Ahmed An-Naim","authors":"Brian Phillips","doi":"10.1093/jhuman/huad044","DOIUrl":"https://doi.org/10.1093/jhuman/huad044","url":null,"abstract":"Abstract This review considers Abdullahi Ahmed An-Naim’s Decolonizing Human Rights and explores the book’s key implications for human rights practitioners and their organizations. The review also includes An-Naim’s reflections on the book as shared in an interview with Brian Phillips, Journal of Human Rights Practice Reviews Editor, in November 2022. The piece inaugurates a series of essays which will appear in the journal’s Review Section in the year ahead marking the 75th Anniversary of the Universal Declaration of Human Rights.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136342198","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}
Abstract This review considers Robert Fine and Philip Spencer’s Antisemitism and the Left: On the Return of the Jewish Question and explores the book’s key implications for human rights practitioners and their organizations. The review is one of three contributions to this 15th Anniversary Issue’s Review Section from members of the Journal of Human Rights Practice Editorial Team and Editorial Board—highlighting a book of particular significance to human rights practitioners and educators published between 2008 and 2023.
{"title":"Antisemitism and the Left: On the Return of the Jewish Question","authors":"Richard Carver","doi":"10.1093/jhuman/huad045","DOIUrl":"https://doi.org/10.1093/jhuman/huad045","url":null,"abstract":"Abstract This review considers Robert Fine and Philip Spencer’s Antisemitism and the Left: On the Return of the Jewish Question and explores the book’s key implications for human rights practitioners and their organizations. The review is one of three contributions to this 15th Anniversary Issue’s Review Section from members of the Journal of Human Rights Practice Editorial Team and Editorial Board—highlighting a book of particular significance to human rights practitioners and educators published between 2008 and 2023.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136342387","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}
Abstract Over the last decade, in the United States in particular, there has been an increasingly acute awareness of historic and ongoing social, racial, gender, and other disparities, and the frequent deployment of categories (for example BIPOC, LGBTQQIA2SP+, Latinx) and concepts (for example ‘cultural appropriation’, ‘white privilege’, ‘intersectionality’) that centre thinking and conversations around various axes of difference. For some critics, the hyper-focus on questions of difference is dismissed as ‘wokeness’, and its seeming ascendency across elite spaces—academic, cultural, and corporate—is viewed with alarm, particularly insofar as its advocates are seen to champion a type of illiberalism. Others have raised concerns that hyper-identitarianism may diminish possibilities for worker and class solidarity, or that it represents only an attenuated form of social justice. This article adds to this conversation by asking whether the energetic foregrounding of difference typical of ‘wokeness’ does not also pose a spiritual conundrum. To explore this question, it outlines what is here called the ‘connective worldview’, which draws from deep ecology, spiritual practices, and mystical insights common to many religious traditions to understand humans and their identities as interdependent, ephemeral and, ultimately, subject to transcendence. The article contrasts this with the ‘particularistic worldview’, which tends to set both individual and group identities in sharp relief, emphasizing the need to honour and manage difference. It argues that an ‘integrated’ perspective—one that strikes a balance between both worldviews—will be key for activists looking to foment social change while forging a larger ‘we’ in diverse, pluralistic societies.
{"title":"A Larger ‘We’; Identity, Spirituality and Social Change in Pluralistic Societies","authors":"Dustin N Sharp","doi":"10.1093/jhuman/huad041","DOIUrl":"https://doi.org/10.1093/jhuman/huad041","url":null,"abstract":"Abstract Over the last decade, in the United States in particular, there has been an increasingly acute awareness of historic and ongoing social, racial, gender, and other disparities, and the frequent deployment of categories (for example BIPOC, LGBTQQIA2SP+, Latinx) and concepts (for example ‘cultural appropriation’, ‘white privilege’, ‘intersectionality’) that centre thinking and conversations around various axes of difference. For some critics, the hyper-focus on questions of difference is dismissed as ‘wokeness’, and its seeming ascendency across elite spaces—academic, cultural, and corporate—is viewed with alarm, particularly insofar as its advocates are seen to champion a type of illiberalism. Others have raised concerns that hyper-identitarianism may diminish possibilities for worker and class solidarity, or that it represents only an attenuated form of social justice. This article adds to this conversation by asking whether the energetic foregrounding of difference typical of ‘wokeness’ does not also pose a spiritual conundrum. To explore this question, it outlines what is here called the ‘connective worldview’, which draws from deep ecology, spiritual practices, and mystical insights common to many religious traditions to understand humans and their identities as interdependent, ephemeral and, ultimately, subject to transcendence. The article contrasts this with the ‘particularistic worldview’, which tends to set both individual and group identities in sharp relief, emphasizing the need to honour and manage difference. It argues that an ‘integrated’ perspective—one that strikes a balance between both worldviews—will be key for activists looking to foment social change while forging a larger ‘we’ in diverse, pluralistic societies.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135734684","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}
Abstract Activists in South Africa have a long history of using public interest litigation to realize human rights. The use of litigation is nevertheless contested and has produced rich scholarship exploring how its impact can be understood. This practice note will examine the use of litigation by the Life After Coal campaign in Earthlife Africa Johannesburg v. Minister of Environmental Affairs 2017, 2 All SA 519 (GP) (Thabametsi case). With the ultimate goal of reducing greenhouse gas emissions, Life After Coal has been campaigning since 2015 to thwart investment in new coal-fired power in South Africa. They successfully used the Thabametsi case to strengthen the use of a variety of other strategies, including protest, media advocacy, economic modelling, and pressure on investors and financial institutions. Although litigation can be painfully slow and resource intensive, in this campaign it was instrumental. Litigation delayed the regulatory approvals required for commercial close. While this was not the purpose of the litigation, its effect was to delay the flow of funds and the start of construction on the project. This in turn created time and space for an advocacy campaign to persuade financiers and investors to withdraw their backing for the project; to undertake the modelling and research required to back up the advocacy campaigns and litigation; and for clean renewable energy to become cheap enough to present a viable alternative pathway to coal. This practice note documents this rare success story and suggests what lessons concerning the use of multiple interweaving strategies it provides for climate activists in the global South.
南非社会活动家利用公益诉讼实现人权的历史悠久。然而，诉讼的使用是有争议的，并产生了丰富的学术研究，探索如何理解其影响。本实践笔记将研究地球生命非洲约翰内斯堡诉环境事务部部长2017,2 All SA 519 (GP) (Thabametsi案)中“煤炭后的生活”运动的诉讼使用情况。自2015年以来，以减少温室气体排放为最终目标的“弃煤生活”一直在努力阻止南非投资新的燃煤发电项目。他们成功地利用Thabametsi案例，加强了其他各种策略的使用，包括抗议、媒体宣传、经济建模以及向投资者和金融机构施压。尽管诉讼过程缓慢且耗费大量资源，但在这场竞选中，它发挥了重要作用。诉讼推迟了商业交割所需的监管审批。虽然这不是诉讼的目的，但其影响是延迟资金的流动和项目的开工。这反过来又为游说活动创造了时间和空间，以说服金融家和投资者撤回对该项目的支持;进行所需的建模和研究，以支持宣传活动和诉讼;清洁的可再生能源变得足够便宜，为煤炭提供了一条可行的替代途径。本实践笔记记录了这一罕见的成功案例，并提出了它为全球南方的气候活动家提供的关于使用多种交织策略的经验教训。
{"title":"Using Climate Litigation to Strengthen Advocacy Strategies: The Life After Coal Campaign in South Africa","authors":"Lisa Chamberlain, Melissa Fourie","doi":"10.1093/jhuman/huad021","DOIUrl":"https://doi.org/10.1093/jhuman/huad021","url":null,"abstract":"Abstract Activists in South Africa have a long history of using public interest litigation to realize human rights. The use of litigation is nevertheless contested and has produced rich scholarship exploring how its impact can be understood. This practice note will examine the use of litigation by the Life After Coal campaign in Earthlife Africa Johannesburg v. Minister of Environmental Affairs 2017, 2 All SA 519 (GP) (Thabametsi case). With the ultimate goal of reducing greenhouse gas emissions, Life After Coal has been campaigning since 2015 to thwart investment in new coal-fired power in South Africa. They successfully used the Thabametsi case to strengthen the use of a variety of other strategies, including protest, media advocacy, economic modelling, and pressure on investors and financial institutions. Although litigation can be painfully slow and resource intensive, in this campaign it was instrumental. Litigation delayed the regulatory approvals required for commercial close. While this was not the purpose of the litigation, its effect was to delay the flow of funds and the start of construction on the project. This in turn created time and space for an advocacy campaign to persuade financiers and investors to withdraw their backing for the project; to undertake the modelling and research required to back up the advocacy campaigns and litigation; and for clean renewable energy to become cheap enough to present a viable alternative pathway to coal. This practice note documents this rare success story and suggests what lessons concerning the use of multiple interweaving strategies it provides for climate activists in the global South.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136362663","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}
Gamze Erdem Türkelli, Markus Krajewski, W. Vandenhole
What we mean by human rights remains perhaps too anchored in the international legal frameworks that took shape after the Second World War. Those legal frameworks tend to take a myopic view on human rights duty-bearers. If human rights are to remain relevant for core societal challenges, such as climate change, exploitation of natural resources, or increasing inequalities, we need a better understanding of how human rights can engage more explicitly and effectively with power and inequitable and unjust global socioeconomic and political structures. Over the last 15 years, an ever increasing number of scholars and practitioners of human rights have been seeking to identify other duty-bearers beyond the territorial state, ranging from foreign states and international organizations to companies, in an effort to expand the relevance of human rights law in the quest towards global justice. This article identifies key challenges, takes stock of the current state of affairs, and suggests future directions for human rights law in tackling global structural inequities and injustices.
{"title":"Beyond ‘Global Good Samaritans’: Transnational Human Rights Obligations","authors":"Gamze Erdem Türkelli, Markus Krajewski, W. Vandenhole","doi":"10.1093/jhuman/huad027","DOIUrl":"https://doi.org/10.1093/jhuman/huad027","url":null,"abstract":"\u0000 What we mean by human rights remains perhaps too anchored in the international legal frameworks that took shape after the Second World War. Those legal frameworks tend to take a myopic view on human rights duty-bearers. If human rights are to remain relevant for core societal challenges, such as climate change, exploitation of natural resources, or increasing inequalities, we need a better understanding of how human rights can engage more explicitly and effectively with power and inequitable and unjust global socioeconomic and political structures. Over the last 15 years, an ever increasing number of scholars and practitioners of human rights have been seeking to identify other duty-bearers beyond the territorial state, ranging from foreign states and international organizations to companies, in an effort to expand the relevance of human rights law in the quest towards global justice. This article identifies key challenges, takes stock of the current state of affairs, and suggests future directions for human rights law in tackling global structural inequities and injustices.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41500539","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}
Several years after the adoption of the Paris Agreement, the world is still far from achieving its emission reduction target. Despite the scientific certainty of the devastating effects of climate change on human rights, countries’ ‘nationally determined contributions’ (NDCs) still fall short of the 1.5 °C goal. Compared to developed countries and their historical contributions, the Global South’s role in climate mitigation may appear insignificant. However, the magnitude of the human rights effects of climate change are enormous. Any increase above 1.5 °C would endanger human well-being and the ecosystems on which human life depends. Therefore, all parties must cooperate to adopt more ambitious NDCs. This imperative—while falling mainly on the Global North, which holds significant historical responsibility for emissions—also extends beyond the Global North, to, for example, a country like Brazil. This article assesses how fair share has played a role in climate litigation cases in the Global North (primarily in Europe) and discusses the possibilities and challenges of bringing similar cases in Brazil. It relies on the fair share methodology used to substantiate the argument of increased ambition in cases in the Global North, discussing whether a similar argument could be brought in Brazil.
{"title":"The ‘Fair Share’ of Climate Mitigation: Can Litigation Increase National Ambition for Brazil?","authors":"Maria Antonia Tigre","doi":"10.1093/jhuman/huad032","DOIUrl":"https://doi.org/10.1093/jhuman/huad032","url":null,"abstract":"\u0000 Several years after the adoption of the Paris Agreement, the world is still far from achieving its emission reduction target. Despite the scientific certainty of the devastating effects of climate change on human rights, countries’ ‘nationally determined contributions’ (NDCs) still fall short of the 1.5 °C goal. Compared to developed countries and their historical contributions, the Global South’s role in climate mitigation may appear insignificant. However, the magnitude of the human rights effects of climate change are enormous. Any increase above 1.5 °C would endanger human well-being and the ecosystems on which human life depends. Therefore, all parties must cooperate to adopt more ambitious NDCs. This imperative—while falling mainly on the Global North, which holds significant historical responsibility for emissions—also extends beyond the Global North, to, for example, a country like Brazil. This article assesses how fair share has played a role in climate litigation cases in the Global North (primarily in Europe) and discusses the possibilities and challenges of bringing similar cases in Brazil. It relies on the fair share methodology used to substantiate the argument of increased ambition in cases in the Global North, discussing whether a similar argument could be brought in Brazil.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47036172","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}
In view of academic and policy discussions about a persisting gap between human rights and peacebuilding in the UN system, this article examines how peacebuilding has been integrated into the work of the UN Human Rights Council (HRC). The analysis draws on interviews with UN Member State attachés and representatives of non-governmental organizations, as well as a range of HRC documents focusing on Myanmar between 2006 and 2021. The findings complement the existing academic literature with nuanced insights into the interaction between human rights and peacebuilding practitioners from a human rights, institutional perspective. The analysis reveals that the HRC is aware of the link between human rights and peacebuilding, implicitly supports peacebuilding and seeks to strengthen institutional cooperation through the prevention resolutions. However, despite efforts to increase engagement, explicit linkages and coordination with the UN’s peacebuilding institutions in New York remain rare. Institutional silos, concerns about sovereignty and mandate overlap, fears of politicization as well as a lack of political will and capacity constraints present obstacles to cooperation. This article points to the need for a better information flow and stronger interaction between human rights and peacebuilding actors in Geneva and New York to enhance mutual understanding. Improving synergies between human rights and peacebuilding institutions in Geneva and New York is key to bridging the overall gap between human rights and peacebuilding—both in policy and practice.
{"title":"Human Rights and Peacebuilding: Bridging the Gap","authors":"Lina Hillert","doi":"10.1093/jhuman/huad037","DOIUrl":"https://doi.org/10.1093/jhuman/huad037","url":null,"abstract":"\u0000 In view of academic and policy discussions about a persisting gap between human rights and peacebuilding in the UN system, this article examines how peacebuilding has been integrated into the work of the UN Human Rights Council (HRC). The analysis draws on interviews with UN Member State attachés and representatives of non-governmental organizations, as well as a range of HRC documents focusing on Myanmar between 2006 and 2021. The findings complement the existing academic literature with nuanced insights into the interaction between human rights and peacebuilding practitioners from a human rights, institutional perspective. The analysis reveals that the HRC is aware of the link between human rights and peacebuilding, implicitly supports peacebuilding and seeks to strengthen institutional cooperation through the prevention resolutions. However, despite efforts to increase engagement, explicit linkages and coordination with the UN’s peacebuilding institutions in New York remain rare. Institutional silos, concerns about sovereignty and mandate overlap, fears of politicization as well as a lack of political will and capacity constraints present obstacles to cooperation. This article points to the need for a better information flow and stronger interaction between human rights and peacebuilding actors in Geneva and New York to enhance mutual understanding. Improving synergies between human rights and peacebuilding institutions in Geneva and New York is key to bridging the overall gap between human rights and peacebuilding—both in policy and practice.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-09-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44787554","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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