Amicus curiae applications are important as they aim to raise awareness for the court around aspects of a case that might otherwise be overlooked. This is especially significant in cases dealing with the intersection of various rights of vulnerable individuals such as women and children. In this practice note, I discuss the amicus intervention of the South African non-profit organization, the Centre of Applied Legal Studies, in the Malawian Constitutional Court case of AJ and TS v State and Others. The case deals with the constitutionality of section 138(1) of the Malawian Penal Code, which makes it an offence for anyone to engage in intercourse with a female child under the age of 16. Although this section was undoubtedly aimed to protect female children from sexual violence and rape it casts the net too wide by including consensual intercourse between minor children. In this case, both minor children were under the age of 15 at the time of their arrests. They had both engaged in consensual intercourse with their female partners (also minors) at the time and both faced a prison sentence of up to 14 years. In this note I proceed to explore the importance of the amici submissions in the case, the process of applying to be admitted as an amicus curiae in Malawi, as well as the challenges associated with being a foreign amici before the Malawian Constitutional Court.
{"title":"Amicus Curiae Applications in Malawi—Reflections of a South African Practitioner","authors":"Sheena Swemmer","doi":"10.1093/jhuman/huad002","DOIUrl":"https://doi.org/10.1093/jhuman/huad002","url":null,"abstract":"\u0000 Amicus curiae applications are important as they aim to raise awareness for the court around aspects of a case that might otherwise be overlooked. This is especially significant in cases dealing with the intersection of various rights of vulnerable individuals such as women and children. In this practice note, I discuss the amicus intervention of the South African non-profit organization, the Centre of Applied Legal Studies, in the Malawian Constitutional Court case of AJ and TS v State and Others. The case deals with the constitutionality of section 138(1) of the Malawian Penal Code, which makes it an offence for anyone to engage in intercourse with a female child under the age of 16. Although this section was undoubtedly aimed to protect female children from sexual violence and rape it casts the net too wide by including consensual intercourse between minor children. In this case, both minor children were under the age of 15 at the time of their arrests. They had both engaged in consensual intercourse with their female partners (also minors) at the time and both faced a prison sentence of up to 14 years.\u0000 In this note I proceed to explore the importance of the amici submissions in the case, the process of applying to be admitted as an amicus curiae in Malawi, as well as the challenges associated with being a foreign amici before the Malawian Constitutional Court.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-04-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47356943","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 ever-expanding field of transitional justice has, to date, largely overlooked the issue of disability, even though there is growing research on disability and armed conflict. Relatedly, little attention has been given to the accessibility of transitional justice processes. This Policy and Practice Note, the idea for which developed from the author’s own personal experiences and reflections as a transitional justice scholar with a physical disability, points to unexplored synergies between the human rights and social models of disability (reflected within the UN Convention on the Rights of Persons with Disabilities), on one hand, and transitional justice, on the other. It also highlights and discusses three important dimensions of accessibility—processual, contextual and methodological—that could be usefully explored within transitional justice scholarship and practice to give the issue of disability the recognition and prominence that it deserves.
{"title":"Where are the Voices and Experiences of Persons with Disabilities/Disabled People in Transitional Justice Research and Practice?","authors":"J. Clark","doi":"10.1093/jhuman/huad004","DOIUrl":"https://doi.org/10.1093/jhuman/huad004","url":null,"abstract":"\u0000 The ever-expanding field of transitional justice has, to date, largely overlooked the issue of disability, even though there is growing research on disability and armed conflict. Relatedly, little attention has been given to the accessibility of transitional justice processes. This Policy and Practice Note, the idea for which developed from the author’s own personal experiences and reflections as a transitional justice scholar with a physical disability, points to unexplored synergies between the human rights and social models of disability (reflected within the UN Convention on the Rights of Persons with Disabilities), on one hand, and transitional justice, on the other. It also highlights and discusses three important dimensions of accessibility—processual, contextual and methodological—that could be usefully explored within transitional justice scholarship and practice to give the issue of disability the recognition and prominence that it deserves.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45143320","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 right to the truth is often mentioned in conjunction with missing persons cases and is recognized for its propensity to function as an enabling right, helping victims and families to claim their rights. While families, survivors, communities, specialist agencies, NGOs and international organizations readily invoke the right to the truth, the terminology used in the context can be ambiguous, overlapping, mandate-driven or strategic. This contribution reflects on the applicable legal spheres, use of approaches and practices in the context of missing persons investigations and claims made towards the realization of the right to the truth. The article clarifies the legal landscape to underscore what is meant by the right to the truth and how it may function as the starting point for the realization of other rights in the context of missing persons. Further, it examines and dissects conceptualizations of missing persons and resolution efforts; and identifies what actions help realize the right to the truth and to what extent. It argues the merits of a broad definition of missing persons while urging those engaged in solving missing persons cases to be candid in respect of the truth-seeking aspect they may be able to advance. This is by no means a trivial inquiry, for families of the missing rely on the assistance of the law and relevant agencies to further the realization of their right to the truth.
{"title":"The Right to the Truth as an Enabler for Missing Persons Efforts","authors":"","doi":"10.1093/jhuman/huac061","DOIUrl":"https://doi.org/10.1093/jhuman/huac061","url":null,"abstract":"\u0000 The right to the truth is often mentioned in conjunction with missing persons cases and is recognized for its propensity to function as an enabling right, helping victims and families to claim their rights. While families, survivors, communities, specialist agencies, NGOs and international organizations readily invoke the right to the truth, the terminology used in the context can be ambiguous, overlapping, mandate-driven or strategic. This contribution reflects on the applicable legal spheres, use of approaches and practices in the context of missing persons investigations and claims made towards the realization of the right to the truth. The article clarifies the legal landscape to underscore what is meant by the right to the truth and how it may function as the starting point for the realization of other rights in the context of missing persons. Further, it examines and dissects conceptualizations of missing persons and resolution efforts; and identifies what actions help realize the right to the truth and to what extent. It argues the merits of a broad definition of missing persons while urging those engaged in solving missing persons cases to be candid in respect of the truth-seeking aspect they may be able to advance. This is by no means a trivial inquiry, for families of the missing rely on the assistance of the law and relevant agencies to further the realization of their right to the truth.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-04-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44308837","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 policy and practice note will investigate the extent to which Foreign National Prisoners (FNPs) feel that religious expression is respected in Irish prisons and explore the degree to which the Irish Prison Service (IPS) facilitates these prisoners’ religious dietary preferences. Drawing on 82 semi-structured interviews across eight prisons, the findings demonstrate that while the IPS is generally progressive in accommodating FNPs’ religious needs, provision could be improved in certain respects. The policy and practice note briefly concludes that the IPS could potentially draw on some ‘promising practice’ that has been implemented with respect to religious expression and practice in other European prisons.
{"title":"Foreign National Prisoners and Religious Practice in Irish Prisons","authors":"","doi":"10.1093/jhuman/huad001","DOIUrl":"https://doi.org/10.1093/jhuman/huad001","url":null,"abstract":"\u0000 This policy and practice note will investigate the extent to which Foreign National Prisoners (FNPs) feel that religious expression is respected in Irish prisons and explore the degree to which the Irish Prison Service (IPS) facilitates these prisoners’ religious dietary preferences. Drawing on 82 semi-structured interviews across eight prisons, the findings demonstrate that while the IPS is generally progressive in accommodating FNPs’ religious needs, provision could be improved in certain respects. The policy and practice note briefly concludes that the IPS could potentially draw on some ‘promising practice’ that has been implemented with respect to religious expression and practice in other European prisons.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-03-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44167366","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 International Criminal Court (ICC) initiated criminal proceedings against Ahmad Al Faqi Mahdi in 2016 for the war crime of directing the destruction of religious monuments in Timbuktu, Mali, in the context of a non-international conflict. The monuments included nine mausoleums of Sufi saints that Islamist groups regarded as idolatrous, one mosque, and approximately four thousand ancient manuscripts. The case, which successfully ended in a guilty plea, marks the first time that the ICC charged an individual with a ‘cultural heritage’ crime. The prosecution’s argument during the hearing relied heavily on an interactive digital platform that facilitated the organization, analysis, and presentation of the evidence to the court. SITU, an applied research organization, created the platform in collaboration with the ICC’s Office of the Prosecutor. It combined geospatial information, historic satellite imagery, photographs, open-source videos, and other types of site documentation to help the ICC judges visualize what was no longer physically there. The result was a digital reconstruction featuring structures and their contents lost to explosives, pickaxes, and hammers. The theoretical, methodological, and ethical issues that arose out of the collaboration, the focus of this article, highlights the multiple ways in which such platforms fashion ‘facts’ rather than objectively present them. A close analysis of the design decisions made, visualization techniques employed, and presentation strategies used to support the case against the defendant highlights both the possibilities and limits of such platforms as part of future international criminal proceedings.
国际刑事法院(ICC)于2016年对艾哈迈德·法奇·马赫迪(Ahmad Al Faqi Mahdi)提起刑事诉讼，指控他在一场非国际性冲突中指挥破坏马里廷巴克图的宗教纪念碑，犯有战争罪。这些古迹包括9座被伊斯兰组织视为偶像崇拜的苏菲派圣徒陵墓、一座清真寺和大约4000份古代手稿。这一案件以被告的认罪而成功结束，这标志着国际刑事法院首次以“文化遗产”罪起诉个人。控方在听证会上的论点在很大程度上依赖于一个交互式数字平台，该平台有助于组织、分析和向法庭提交证据。应用研究组织SITU与国际刑事法院检察官办公室合作创建了这个平台。它结合了地理空间信息、历史卫星图像、照片、开源视频和其他类型的现场文件，帮助国际刑事法院的法官将已经不在那里的东西形象化。结果是一个数字重建的结构和他们的内容失去了炸药，鹤嘴锄和锤子。本文的重点是合作中产生的理论、方法和伦理问题，强调了这些平台以多种方式塑造“事实”，而不是客观地呈现它们。通过对所做的设计决策、所采用的可视化技术和用于支持针对被告的案件的陈述策略的仔细分析，突出了这些平台作为未来国际刑事诉讼的一部分的可能性和局限性。
{"title":"Interactive Digital Platforms, Human Rights Fact Production, and the International Criminal Court","authors":"Ken MacLean","doi":"10.1093/jhuman/huac062","DOIUrl":"https://doi.org/10.1093/jhuman/huac062","url":null,"abstract":"Abstract The International Criminal Court (ICC) initiated criminal proceedings against Ahmad Al Faqi Mahdi in 2016 for the war crime of directing the destruction of religious monuments in Timbuktu, Mali, in the context of a non-international conflict. The monuments included nine mausoleums of Sufi saints that Islamist groups regarded as idolatrous, one mosque, and approximately four thousand ancient manuscripts. The case, which successfully ended in a guilty plea, marks the first time that the ICC charged an individual with a ‘cultural heritage’ crime. The prosecution’s argument during the hearing relied heavily on an interactive digital platform that facilitated the organization, analysis, and presentation of the evidence to the court. SITU, an applied research organization, created the platform in collaboration with the ICC’s Office of the Prosecutor. It combined geospatial information, historic satellite imagery, photographs, open-source videos, and other types of site documentation to help the ICC judges visualize what was no longer physically there. The result was a digital reconstruction featuring structures and their contents lost to explosives, pickaxes, and hammers. The theoretical, methodological, and ethical issues that arose out of the collaboration, the focus of this article, highlights the multiple ways in which such platforms fashion ‘facts’ rather than objectively present them. A close analysis of the design decisions made, visualization techniques employed, and presentation strategies used to support the case against the defendant highlights both the possibilities and limits of such platforms as part of future international criminal proceedings.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"67 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136194565","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 global COVID-19 health emergency has radically changed detention spaces, by heightening state and provider obligations to provide humane conditions and protect those detained against disease and subsequent ill-health. Using a socio-legal lens, this policy and practice note focuses broadly on the balance of European immigration detention regulations, and the actual conditions and treatment of immigrant detainees, putting an emphasis on developments before and after COVID-19. The special protections afforded to detainees assessed as vulnerable is unclear in the Global Compact for Safe, Orderly and Regular Migration. While cognisant of aspects of legal positivism by outlining relevant legal provisions and extant European Court of Human Rights (ECtHR) jurisprudence where conditions of detention have violated Article 3, a socio-legal argument is presented around state obligations to protect the health of all immigration detainees; the challenges in using simplistic/categorical definitions of vulnerability; and the imperatives to broaden considerations to include health vulnerability in the context of contagion and future pandemics. By analogy extant ECtHR jurisprudence on the rights of prisoners relating to right to health and disease mitigation (human immune-deficiency, tuberculosis) may offer additional protections. Broad consideration of environmental health factors in light of threats of disease in detention spaces warrant further consideration when establishing the threshold of the severity of conditions and when assessing detainee vulnerability (not limited to age, gender or health status). A public health rights-based argument can shape effective immigration detention policy reform by enhancing protective parameters based on broad definitions of health vulnerability within immigration detention spaces.
{"title":"Environmental Health Rights and Concepts of Vulnerability of Immigration Detainees in Europe Before and Beyond COVID-19","authors":"M. Van Hout","doi":"10.1093/jhuman/huac063","DOIUrl":"https://doi.org/10.1093/jhuman/huac063","url":null,"abstract":"\u0000 The global COVID-19 health emergency has radically changed detention spaces, by heightening state and provider obligations to provide humane conditions and protect those detained against disease and subsequent ill-health. Using a socio-legal lens, this policy and practice note focuses broadly on the balance of European immigration detention regulations, and the actual conditions and treatment of immigrant detainees, putting an emphasis on developments before and after COVID-19. The special protections afforded to detainees assessed as vulnerable is unclear in the Global Compact for Safe, Orderly and Regular Migration. While cognisant of aspects of legal positivism by outlining relevant legal provisions and extant European Court of Human Rights (ECtHR) jurisprudence where conditions of detention have violated Article 3, a socio-legal argument is presented around state obligations to protect the health of all immigration detainees; the challenges in using simplistic/categorical definitions of vulnerability; and the imperatives to broaden considerations to include health vulnerability in the context of contagion and future pandemics. By analogy extant ECtHR jurisprudence on the rights of prisoners relating to right to health and disease mitigation (human immune-deficiency, tuberculosis) may offer additional protections. Broad consideration of environmental health factors in light of threats of disease in detention spaces warrant further consideration when establishing the threshold of the severity of conditions and when assessing detainee vulnerability (not limited to age, gender or health status). A public health rights-based argument can shape effective immigration detention policy reform by enhancing protective parameters based on broad definitions of health vulnerability within immigration detention spaces.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-03-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44161414","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}
Responding to the limits of court-based analyses and top-down position-taking in prevailing legal mobilization scholarship, this article goes beyond the courtroom to explore the value of rights-based legal mobilization from the perspective of those engaged in the campaigns to challenge racialized water disconnection in Johannesburg (2004–9) and Detroit (2014–). Against the backdrop of the ‘losing’ cases of Mazibuko and Lyda , the article finds evidence in the feedback from protago- nists, of the relevance of rights-based mobilization notwithstanding the judicial defeats. The value of legal mobilization ascribed by affected communities and their allies aligns with the understanding of law as a form of political power in a dialecti- cal relationship between structure and agency (Crawford and Andreassen 2013: 8–9). Using an expanded version of the ‘power cube’ (Gaventa 2006 and 2005), re- ferred to here as the ‘powerpack’, the article engages in a bottom-up nuanced analysis of the multi-dimensional power of legal mobilization. In doing so, it contributes towards a deeper understanding of the transformative potential of rights-based mobilization for egalitarian socio-economic change.
针对现行法律动员研究中基于法院的分析和自上而下的立场采取的局限性，本文超越了法庭，从参与挑战约翰内斯堡(2004 - 2009)和底特律(2014 -)种族化断水运动的人的角度，探讨了基于权利的法律动员的价值。在Mazibuko和Lyda案“败诉”的背景下，本文从主人公主义者的反馈中找到证据，证明尽管司法失败，但基于权利的动员仍具有相关性。受影响社区及其盟友所赋予的法律动员的价值与将法律理解为结构与代理之间的辩证关系中的一种政治权力形式是一致的(Crawford and Andreassen 2013: 8-9)。本文采用“权力立方体”的扩展版本(Gaventa 2006和2005)，在这里称为“权力包”，对法律动员的多维权力进行了自下而上的细致分析。在此过程中，它有助于更深入地了解基于权利的动员促进平等的社会经济变革的变革潜力。
{"title":"Correction to: Water Rights Struggles in Johannesburg and Detroit Revisited: Looking Beyond Courts at the Politics and Power of Rights-Based Legal Mobilization in a Neoliberal Global Order: A ‘Powerpack’ Analysis","authors":"Jackie Dugard","doi":"10.1093/jhuman/huac069","DOIUrl":"https://doi.org/10.1093/jhuman/huac069","url":null,"abstract":"Responding to the limits of court-based analyses and top-down position-taking in prevailing legal mobilization scholarship, this article goes beyond the courtroom to explore the value of rights-based legal mobilization from the perspective of those engaged in the campaigns to challenge racialized water disconnection in Johannesburg (2004–9) and Detroit (2014–). Against the backdrop of the ‘losing’ cases of Mazibuko and Lyda , the article finds evidence in the feedback from protago- nists, of the relevance of rights-based mobilization notwithstanding the judicial defeats. The value of legal mobilization ascribed by affected communities and their allies aligns with the understanding of law as a form of political power in a dialecti- cal relationship between structure and agency (Crawford and Andreassen 2013: 8–9). Using an expanded version of the ‘power cube’ (Gaventa 2006 and 2005), re- ferred to here as the ‘powerpack’, the article engages in a bottom-up nuanced analysis of the multi-dimensional power of legal mobilization. In doing so, it contributes towards a deeper understanding of the transformative potential of rights-based mobilization for egalitarian socio-economic change.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-03-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45487251","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 In the face of a rapid decline of rule of law standards in a number of EU Member States, this article examines whether the Helsinki process of the Organization for Security and Co-operation in Europe (OSCE), which was instrumental in strengthening the political commitments to human rights and their defenders during the Cold War and thereafter, can still deliver for defenders in the EU today. It discusses issues related to the concern of the OSCE’s fading relevance in its human dimension and the role EU Member States (EUMS) play in its decline. In reviewing the EU’s diplomatic practice within the OSCE, this article suggests that in its quest for unity, the EU has grown into a cartel of silence, effectively weakening the OSCE’s foundational logic of peer review as it is unwilling to deal with problems in a forum that was created for this very purpose. The article then recommends a number of ways in which OSCE’s institutions and political bodies could develop their working methods to take advantage of particularly EU civil society expertise while also being open to their calls for OSCE action.
{"title":"Cartel of Silence: How the European Union Undermines the Work of its Human Rights Defenders in the OSCE","authors":"Bernhard Knoll-Tudor, Márta Pardavi, Marta Achler","doi":"10.1093/jhuman/huac056","DOIUrl":"https://doi.org/10.1093/jhuman/huac056","url":null,"abstract":"Abstract In the face of a rapid decline of rule of law standards in a number of EU Member States, this article examines whether the Helsinki process of the Organization for Security and Co-operation in Europe (OSCE), which was instrumental in strengthening the political commitments to human rights and their defenders during the Cold War and thereafter, can still deliver for defenders in the EU today. It discusses issues related to the concern of the OSCE’s fading relevance in its human dimension and the role EU Member States (EUMS) play in its decline. In reviewing the EU’s diplomatic practice within the OSCE, this article suggests that in its quest for unity, the EU has grown into a cartel of silence, effectively weakening the OSCE’s foundational logic of peer review as it is unwilling to deal with problems in a forum that was created for this very purpose. The article then recommends a number of ways in which OSCE’s institutions and political bodies could develop their working methods to take advantage of particularly EU civil society expertise while also being open to their calls for OSCE action.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136170737","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}
For many of us who study, or practice legal mobilization, the image of a duck-rabbit can be regarded as a metaphor of the very different world views and vocabularies that legal scholars and legal practitioners as well as social scientists and social activists use in explaining and practising law-based advocacy. Conventional, siloed approaches by academics and practitioners alike are common, though hardly desirable. We feel that rather than ask which vocabulary is more important, it is imperative to focus on the process of how people can understand each other, irrespective of the language and terms they are using. Moreover, we are curious why it is important to make such distinctions in conceptualizing and analysing the context of law-based advocacy and the many forms that legal mobilization adopts.
{"title":"Introduction to the legal mobilization special focus","authors":"Jeff Handmaker","doi":"10.1093/jhuman/huac068","DOIUrl":"https://doi.org/10.1093/jhuman/huac068","url":null,"abstract":"\u0000 For many of us who study, or practice legal mobilization, the image of a duck-rabbit can be regarded as a metaphor of the very different world views and vocabularies that legal scholars and legal practitioners as well as social scientists and social activists use in explaining and practising law-based advocacy. Conventional, siloed approaches by academics and practitioners alike are common, though hardly desirable. We feel that rather than ask which vocabulary is more important, it is imperative to focus on the process of how people can understand each other, irrespective of the language and terms they are using. Moreover, we are curious why it is important to make such distinctions in conceptualizing and analysing the context of law-based advocacy and the many forms that legal mobilization adopts.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":" ","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46031521","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 the evolution of soft law concerning the link between corruption and human rights. Evolution is defined as the increase in quantity and/or quality in International Human Rights Institutions’ normative outputs concerning corruption and human rights in (non-legally binding) instruments. Previous scholarly research was used as the benchmark to assess the evolution. The results indicated quantitative and qualitative evolutions in the production of the normative outputs regarding the link between corruption and human rights. The number of normative outputs produced by the respective institutions doubled and a substantial content-based evolution was identified. However, no normative output explicitly addressing corruption as a violation of human rights was found. Considering the pivotal role of the normative outputs to guide the implementation of human rights promotion and protection, this article suggests that the International Human Rights Institutions should continue to address and further clarify the link between corruption and human rights.
{"title":"Exploring Corruption as a Violation of Human Rights in the Practices of International Human Rights Institutions","authors":"R. Juwita","doi":"10.1093/jhuman/huac048","DOIUrl":"https://doi.org/10.1093/jhuman/huac048","url":null,"abstract":"\u0000 This article discusses the evolution of soft law concerning the link between corruption and human rights. Evolution is defined as the increase in quantity and/or quality in International Human Rights Institutions’ normative outputs concerning corruption and human rights in (non-legally binding) instruments. Previous scholarly research was used as the benchmark to assess the evolution. The results indicated quantitative and qualitative evolutions in the production of the normative outputs regarding the link between corruption and human rights. The number of normative outputs produced by the respective institutions doubled and a substantial content-based evolution was identified. However, no normative output explicitly addressing corruption as a violation of human rights was found. Considering the pivotal role of the normative outputs to guide the implementation of human rights promotion and protection, this article suggests that the International Human Rights Institutions should continue to address and further clarify the link between corruption and human rights.","PeriodicalId":45407,"journal":{"name":"Journal of Human Rights Practice","volume":"1 1","pages":""},"PeriodicalIF":1.0,"publicationDate":"2023-03-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60843177","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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