{"title":"Correction to: Execution of the Judgments of the European Court of Human Rights in Prisoners' Right to Vote Cases","authors":"","doi":"10.1093/hrlr/ngad026","DOIUrl":"https://doi.org/10.1093/hrlr/ngad026","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"79 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135452846","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract The article deals with the question of whether and why international human rights law should protect corporations at the example of regional economic integration systems such as the European Union. For the European Court of Justice, granting human rights to corporations is the natural response to the key role that private companies play in the integration program. Regional human rights courts, in contrast, partly struggle to recognise corporations as human rights holders. The article critically examines the theoretical raison d’être of fundamental rights of corporations, granted in the framework of international human rights, and reflects on them on the basis of a Rule of Law-postulate.
{"title":"Fundamental Rights of Corporations as International Human Rights: The Perspective of Regional Economic Courts","authors":"Patricia Wiater","doi":"10.1093/hrlr/ngad025","DOIUrl":"https://doi.org/10.1093/hrlr/ngad025","url":null,"abstract":"Abstract The article deals with the question of whether and why international human rights law should protect corporations at the example of regional economic integration systems such as the European Union. For the European Court of Justice, granting human rights to corporations is the natural response to the key role that private companies play in the integration program. Regional human rights courts, in contrast, partly struggle to recognise corporations as human rights holders. The article critically examines the theoretical raison d’être of fundamental rights of corporations, granted in the framework of international human rights, and reflects on them on the basis of a Rule of Law-postulate.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135497001","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article critiques the European Court of Human Rights’ recent extensive case law on the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR), and particularly the right to legal assistance in criminal trials. The article examines the significant and ongoing impact of the judgments in Ibrahim (2016) and Beuze (2018) and argues that the recent case law reflects buyer’s remorse on the part of the Court for its landmark judgment in Salduz (2008). Article 6 is among the most heavily litigated provisions of the ECHR, and this article is the first extended scholarly analysis of the post-Beuze case law. The article identifies two interrelated trends in the most recent case law: first, the Court taking a number of analytical steps that allow it to overlook the text of Article 6(3) in favour of an impressionistic assessment of the overall fairness of the proceedings; and, second, the Court providing Governments with multiple opportunities to advance public interest justification arguments despite continued pronouncements that Article 6 is an unqualified right. The article suggests that the jurisprudence is weakening the Article 6 guarantees.
{"title":"The Disappearing ‘Minimum Rights’ of Article 6 ECHR: the Unfortunate Legacy of <i>Ibrahim</i> and <i>Beuze</i>","authors":"Ryan Goss","doi":"10.1093/hrlr/ngad024","DOIUrl":"https://doi.org/10.1093/hrlr/ngad024","url":null,"abstract":"Abstract This article critiques the European Court of Human Rights’ recent extensive case law on the right to a fair trial under Article 6 of the European Convention on Human Rights (ECHR), and particularly the right to legal assistance in criminal trials. The article examines the significant and ongoing impact of the judgments in Ibrahim (2016) and Beuze (2018) and argues that the recent case law reflects buyer’s remorse on the part of the Court for its landmark judgment in Salduz (2008). Article 6 is among the most heavily litigated provisions of the ECHR, and this article is the first extended scholarly analysis of the post-Beuze case law. The article identifies two interrelated trends in the most recent case law: first, the Court taking a number of analytical steps that allow it to overlook the text of Article 6(3) in favour of an impressionistic assessment of the overall fairness of the proceedings; and, second, the Court providing Governments with multiple opportunities to advance public interest justification arguments despite continued pronouncements that Article 6 is an unqualified right. The article suggests that the jurisprudence is weakening the Article 6 guarantees.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"181 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135451386","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article Protection from Refuge: From Refugee Rights to Migration Management Get access Kate Ogg, Protection from Refuge: From Refugee Rights to Migration Management ( Cambridge University Press 2022, XVI + 204pp) ISBN 9781316519738 (Pbk) Oğuzhan Öztürk Oğuzhan Öztürk Grotius Centrefor International Legal Studies, Leiden University Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 23, Issue 4, December 2023, ngad027, https://doi.org/10.1093/hrlr/ngad027 Published: 07 October 2023 Article history Received: 03 September 2023 Accepted: 06 September 2023 Published: 07 October 2023
{"title":"Protection from Refuge: From Refugee Rights to Migration Management","authors":"Oğuzhan Öztürk","doi":"10.1093/hrlr/ngad027","DOIUrl":"https://doi.org/10.1093/hrlr/ngad027","url":null,"abstract":"Journal Article Protection from Refuge: From Refugee Rights to Migration Management Get access Kate Ogg, Protection from Refuge: From Refugee Rights to Migration Management ( Cambridge University Press 2022, XVI + 204pp) ISBN 9781316519738 (Pbk) Oğuzhan Öztürk Oğuzhan Öztürk Grotius Centrefor International Legal Studies, Leiden University Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 23, Issue 4, December 2023, ngad027, https://doi.org/10.1093/hrlr/ngad027 Published: 07 October 2023 Article history Received: 03 September 2023 Accepted: 06 September 2023 Published: 07 October 2023","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135491244","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract Despite significant developments at the national, regional and international levels, to recognise the right to environment as a human right, this right is still under-theorised and contested. The challenge of giving a clear substance to such a standalone right is one that must urgently be taken up. Drawing on the NIC theory, this article develops a new model of the right to environment to serve three purposes: first, to shed light on the nature, scope and content of this right; second, to illustrate that this right can be considered as existing on three levels: individual, collective and global; and third, to explore the logical relationships between this right and already recognised human rights. This new model brings about various advantages at different levels. In particular, it allows for guiding practice for a range of actors from NGOs, human rights commissions and judges to governments and the UN human rights bodies.
{"title":"A New Theoretical Model of the Right to Environment and its Practical Advantages","authors":"Azadeh Chalabi","doi":"10.1093/hrlr/ngad023","DOIUrl":"https://doi.org/10.1093/hrlr/ngad023","url":null,"abstract":"Abstract Despite significant developments at the national, regional and international levels, to recognise the right to environment as a human right, this right is still under-theorised and contested. The challenge of giving a clear substance to such a standalone right is one that must urgently be taken up. Drawing on the NIC theory, this article develops a new model of the right to environment to serve three purposes: first, to shed light on the nature, scope and content of this right; second, to illustrate that this right can be considered as existing on three levels: individual, collective and global; and third, to explore the logical relationships between this right and already recognised human rights. This new model brings about various advantages at different levels. In particular, it allows for guiding practice for a range of actors from NGOs, human rights commissions and judges to governments and the UN human rights bodies.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"80 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135452647","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Journal Article Exporting the European Convention on Human Rights Get access Deftou Maria-Louiza, Exporting the European Convention on Human Rights ( Hart Publishing, 2022, lii + 274 pp, £85.00) ISBN 9781509952434 (hb) Xintong Cai, Xintong Cai Research Fellow at Zhejiang University, Guanghua Law School, Hangzhou, China Corresponding author. Email: 22202139@zju.edu.cn Search for other works by this author on: Oxford Academic Google Scholar Le Cheng Le Cheng Chair Professor of Law at Zhejiang University, Guanghua Law School, Hangzhou, China Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 23, Issue 4, December 2023, ngad029, https://doi.org/10.1093/hrlr/ngad029 Published: 18 October 2023 Article history Received: 03 September 2023 Accepted: 06 September 2023 Published: 18 October 2023
{"title":"Exporting the European Convention on Human Rights","authors":"Xintong Cai, Le Cheng","doi":"10.1093/hrlr/ngad029","DOIUrl":"https://doi.org/10.1093/hrlr/ngad029","url":null,"abstract":"Journal Article Exporting the European Convention on Human Rights Get access Deftou Maria-Louiza, Exporting the European Convention on Human Rights ( Hart Publishing, 2022, lii + 274 pp, £85.00) ISBN 9781509952434 (hb) Xintong Cai, Xintong Cai Research Fellow at Zhejiang University, Guanghua Law School, Hangzhou, China Corresponding author. Email: 22202139@zju.edu.cn Search for other works by this author on: Oxford Academic Google Scholar Le Cheng Le Cheng Chair Professor of Law at Zhejiang University, Guanghua Law School, Hangzhou, China Search for other works by this author on: Oxford Academic Google Scholar Human Rights Law Review, Volume 23, Issue 4, December 2023, ngad029, https://doi.org/10.1093/hrlr/ngad029 Published: 18 October 2023 Article history Received: 03 September 2023 Accepted: 06 September 2023 Published: 18 October 2023","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"76 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135497547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article analyses the eviction protections provided by the Revised European Social Charter by conducting a systematic content analysis of the European Committee on Social Rights’ (ECSR) Conclusions and Decisions on Articles 16 and 31. The findings reveal that the ECSR has established nine consistent eviction protections throughout its jurisprudence. Additionally, this article examines how the ECSR considers the right to property within the context of evictions, revealing additional eviction protections inconsistently applied by the ECSR that addresses the conflict between the right to housing and property. To provide insight into how the ECSR could address the conflict more directly, this paper compares the ECSR’s approach with that adopted by the United Nations Committee on Economic, Social and Cultural Rights (UN CESCR). Ultimately, this study concludes that the UN CESCR engages with the right to property in the context of evictions more directly than the ECSR.
{"title":"Deconstructing the Eviction Protections Under the Revised European Social Charter: A Systematic Content Analysis of the Interplay Between the Right to Housing and the Right to Property","authors":"Emma N Sweeney, L Michelle Bruijn, Michel Vols","doi":"10.1093/hrlr/ngad022","DOIUrl":"https://doi.org/10.1093/hrlr/ngad022","url":null,"abstract":"Abstract This article analyses the eviction protections provided by the Revised European Social Charter by conducting a systematic content analysis of the European Committee on Social Rights’ (ECSR) Conclusions and Decisions on Articles 16 and 31. The findings reveal that the ECSR has established nine consistent eviction protections throughout its jurisprudence. Additionally, this article examines how the ECSR considers the right to property within the context of evictions, revealing additional eviction protections inconsistently applied by the ECSR that addresses the conflict between the right to housing and property. To provide insight into how the ECSR could address the conflict more directly, this paper compares the ECSR’s approach with that adopted by the United Nations Committee on Economic, Social and Cultural Rights (UN CESCR). Ultimately, this study concludes that the UN CESCR engages with the right to property in the context of evictions more directly than the ECSR.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135403583","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Female genital cutting (FGC) is roundly condemned within international human rights discourse. The narrative surrounding the practice tends to categorically censure FGC in all forms. In this article, I analyse the criminalisation of the practice in New South Wales, Australia to demonstrate the dominant influence of this narrative, while also highlighting its deficiencies. Focusing on the recent Australian case of Magennis and Vaziri and criticisms of the Family Law Council’s approach to FGC-eradication in Australia, I argue that the decision relied on speculation rather than objective evidence. Further, by substituting the internal perspectives of affected communities with gendered and racialised stereotypes, the courts prevented women most affected by FGC from participating in active and meaningful dialogue. As a landmark decision, Magennis and Vaziri set a clear precedent as to how future cases are decided and how women from affected communities are to be treated: as gendered, racialised and voiceless subjects.
{"title":"Whose Voice?: Female Genital Cutting and the Obscuring Effects of Top-Down Criminalisation","authors":"W. Kang","doi":"10.1093/hrlr/ngad021","DOIUrl":"https://doi.org/10.1093/hrlr/ngad021","url":null,"abstract":"\u0000 Female genital cutting (FGC) is roundly condemned within international human rights discourse. The narrative surrounding the practice tends to categorically censure FGC in all forms. In this article, I analyse the criminalisation of the practice in New South Wales, Australia to demonstrate the dominant influence of this narrative, while also highlighting its deficiencies. Focusing on the recent Australian case of Magennis and Vaziri and criticisms of the Family Law Council’s approach to FGC-eradication in Australia, I argue that the decision relied on speculation rather than objective evidence. Further, by substituting the internal perspectives of affected communities with gendered and racialised stereotypes, the courts prevented women most affected by FGC from participating in active and meaningful dialogue. As a landmark decision, Magennis and Vaziri set a clear precedent as to how future cases are decided and how women from affected communities are to be treated: as gendered, racialised and voiceless subjects.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48294853","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Abstract This article aims to test whether human rights have an indivisible nature. To do that, we perform correlation analysis and Granger causality tests to test 1) the relationship within socio-economic rights and 2) between socio-economic rights and civil-political rights. The results show that certain socio-economic rights have mutual reinforcing relationships, lending support to the existence of widespread indivisibility. This finding yields relevant policy implications. Given their financial constraints, states could make use of the existence of widespread indivisibility, in combination with the progressive implementation clause, to foster the efficient allocation of resources for human rights implementation. Furthermore, this article shows that the intensity of indivisibility varies depending on the income category of states: the indivisible nature of socio-economic rights is more intense in low-income countries while seems to achieve a saturation point at the highest levels of human rights compliance. We, thus, propose to define this phenomenon as ‘indivisibility saturation’. Lastly, our findings detect a more complex picture for the indivisibility principle between the two classes of human rights. While widespread indivisibility does not follow from the tests, important unidirectional relationships between different human rights exist and are equally important for human rights policy-making purposes.
{"title":"The Indivisibility of Human Rights: An Empirical Analysis","authors":"Jan Essink, Alberto Quintavalla, Jeroen Temperman","doi":"10.1093/hrlr/ngad013","DOIUrl":"https://doi.org/10.1093/hrlr/ngad013","url":null,"abstract":"Abstract This article aims to test whether human rights have an indivisible nature. To do that, we perform correlation analysis and Granger causality tests to test 1) the relationship within socio-economic rights and 2) between socio-economic rights and civil-political rights. The results show that certain socio-economic rights have mutual reinforcing relationships, lending support to the existence of widespread indivisibility. This finding yields relevant policy implications. Given their financial constraints, states could make use of the existence of widespread indivisibility, in combination with the progressive implementation clause, to foster the efficient allocation of resources for human rights implementation. Furthermore, this article shows that the intensity of indivisibility varies depending on the income category of states: the indivisible nature of socio-economic rights is more intense in low-income countries while seems to achieve a saturation point at the highest levels of human rights compliance. We, thus, propose to define this phenomenon as ‘indivisibility saturation’. Lastly, our findings detect a more complex picture for the indivisibility principle between the two classes of human rights. While widespread indivisibility does not follow from the tests, important unidirectional relationships between different human rights exist and are equally important for human rights policy-making purposes.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"346 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136177625","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
I argue that a form of indirect utilitarianism can provide a sufficiently plausible justification for three crucial elements of the ECtHR’s doctrine of proportionality to be taken seriously as an account of this doctrine. I show how indirect utilitarianism can account for the relation between moral rights and Convention rights, the resistance to trade-offs that is a particular property of Convention rights and the nature of the public interest against which rights must be balanced. I argue that the indirect utilitarian account provides a coherent interpretation of the Court’s jurisprudence concerning: (i) aims that express moralistic external preferences and their legitimacy; (ii) balancing and the doctrine of the ‘essence of rights’; and (iii) the Court’s reasoning in Dickson v UK. I conclude by exploring the further work needed to establish more firmly this account’s plausibility as an interpretation of the Court’s doctrine of proportionality as a whole.
{"title":"Proportionality, Stringency and Utility in the Jurisprudence of the European Court of Human Rights","authors":"J. Letwin","doi":"10.1093/hrlr/ngad014","DOIUrl":"https://doi.org/10.1093/hrlr/ngad014","url":null,"abstract":"\u0000 I argue that a form of indirect utilitarianism can provide a sufficiently plausible justification for three crucial elements of the ECtHR’s doctrine of proportionality to be taken seriously as an account of this doctrine. I show how indirect utilitarianism can account for the relation between moral rights and Convention rights, the resistance to trade-offs that is a particular property of Convention rights and the nature of the public interest against which rights must be balanced. I argue that the indirect utilitarian account provides a coherent interpretation of the Court’s jurisprudence concerning: (i) aims that express moralistic external preferences and their legitimacy; (ii) balancing and the doctrine of the ‘essence of rights’; and (iii) the Court’s reasoning in Dickson v UK. I conclude by exploring the further work needed to establish more firmly this account’s plausibility as an interpretation of the Court’s doctrine of proportionality as a whole.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-06-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48801390","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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