首页 > 最新文献

Human Rights Law Review最新文献

英文 中文
‘If Only for a Day’: The Universal Declaration of Human Rights, Anniversary Commemoration and International Human Rights Law “如果只有一天”:《世界人权宣言》、周年纪念和国际人权法
IF 1.5 2区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-10 DOI: 10.1093/hrlr/ngad003
Kathryn McNeilly
The Universal Declaration of Human Rights (UDHR) is familiar to international human rights lawyers worldwide. Celebrations of its adoption have included commemorative sessions held in the United Nations (UN) General Assembly during milestone anniversary years. Scholarship has not yet considered these sessions together, exploring what may be learned about the UDHR in this UN body as a result. This is the work that the present article undertakes. It finds that, when considered collectively, anniversary days in the General Assembly assist in creating a picture of the UDHR as a legal text in time. This reveals how commemorative activity has engaged with the UDHR in fluid ways and also in ways that stress or demonstrate aspects of continuity. From this analysis, it is possible to deepen understanding of engagements with the UDHR throughout the twentieth and twenty-first centuries, and anniversary days emerge as an under-utilized resource for international human rights lawyers.
世界各地的国际人权律师都熟悉《世界人权宣言》。庆祝其通过的活动包括在具有里程碑意义的周年纪念年在联合国大会举行纪念会议。Scholarship尚未将这些会议放在一起审议,探讨因此可能在这个联合国机构了解到的关于《世界人权宣言》的情况。这就是本文所承担的工作。它发现,如果集体考虑,大会的周年纪念日有助于及时将《世界人权宣言》作为法律文本。这揭示了纪念活动是如何以流动的方式以及强调或展示连续性的方式与《世界人权宣言》互动的。通过这一分析,可以加深对整个二十世纪和二十一世纪与《世界人权宣言》的接触的理解,周年纪念日成为国际人权律师利用不足的资源。
{"title":"‘If Only for a Day’: The Universal Declaration of Human Rights, Anniversary Commemoration and International Human Rights Law","authors":"Kathryn McNeilly","doi":"10.1093/hrlr/ngad003","DOIUrl":"https://doi.org/10.1093/hrlr/ngad003","url":null,"abstract":"\u0000 The Universal Declaration of Human Rights (UDHR) is familiar to international human rights lawyers worldwide. Celebrations of its adoption have included commemorative sessions held in the United Nations (UN) General Assembly during milestone anniversary years. Scholarship has not yet considered these sessions together, exploring what may be learned about the UDHR in this UN body as a result. This is the work that the present article undertakes. It finds that, when considered collectively, anniversary days in the General Assembly assist in creating a picture of the UDHR as a legal text in time. This reveals how commemorative activity has engaged with the UDHR in fluid ways and also in ways that stress or demonstrate aspects of continuity. From this analysis, it is possible to deepen understanding of engagements with the UDHR throughout the twentieth and twenty-first centuries, and anniversary days emerge as an under-utilized resource for international human rights lawyers.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46039733","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}
引用次数: 1
Enabling the Right to Liberty of the Person in Aged Care Homes 保障长者在护理院享有自由的权利
2区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-10 DOI: 10.1093/hrlr/ngad005
Alison Kesby
Abstract This article examines the enjoyment of the right to liberty of residents of aged care homes, with a particular focus on those living with cognitive disability (most notably, dementia), and the tension between upholding a person’s autonomy and protecting them and others from harm. The analysis approaches this potential tension from two perspectives: firstly, by examining and evaluating different legal conceptions of the right to liberty of the person, and secondly, by examining the conditions and related rights, which enable the enjoyment of the right to liberty by aged care residents living with cognitive disability, including the right to autonomy and the right to long-term quality care. It is argued that a relational approach to autonomy is required, which places the enjoyment of the right to liberty within the broader context of an autonomy-enabling environment. Interrogating what we mean by ‘autonomy’ and ‘care’ may facilitate the enjoyment of the right to liberty for those most vulnerable in residential care.
摘要本文探讨了老年护理院居民享有自由权的情况,特别关注那些患有认知障碍(最明显的是痴呆症)的人,以及维护个人自主权与保护他们和他人免受伤害之间的紧张关系。本文从两个角度分析了这种潜在的张力:一是对不同的人身自由权法律概念进行考察和评价,二是对认知残疾老年人享有人身自由权的条件和相关权利进行考察,包括自主权和长期优质护理权。有人认为,需要对自治采取一种关系的办法,将享有自由的权利置于有利于自治的环境的更广泛的范围内。询问我们所说的“自主”和“照顾”的含义可能有助于那些在住宿照顾中最脆弱的人享受自由权。
{"title":"Enabling the Right to Liberty of the Person in Aged Care Homes","authors":"Alison Kesby","doi":"10.1093/hrlr/ngad005","DOIUrl":"https://doi.org/10.1093/hrlr/ngad005","url":null,"abstract":"Abstract This article examines the enjoyment of the right to liberty of residents of aged care homes, with a particular focus on those living with cognitive disability (most notably, dementia), and the tension between upholding a person’s autonomy and protecting them and others from harm. The analysis approaches this potential tension from two perspectives: firstly, by examining and evaluating different legal conceptions of the right to liberty of the person, and secondly, by examining the conditions and related rights, which enable the enjoyment of the right to liberty by aged care residents living with cognitive disability, including the right to autonomy and the right to long-term quality care. It is argued that a relational approach to autonomy is required, which places the enjoyment of the right to liberty within the broader context of an autonomy-enabling environment. Interrogating what we mean by ‘autonomy’ and ‘care’ may facilitate the enjoyment of the right to liberty for those most vulnerable in residential care.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":"270 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136156876","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}
引用次数: 0
Prisoner Lives Cut Short: The Need to Address Structural, Societal and Environmental Factors to Reduce Preventable Prisoner Deaths 囚犯生命缩短:需要解决结构、社会和环境因素,以减少可预防的囚犯死亡
IF 1.5 2区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-10 DOI: 10.1093/hrlr/ngad006
Róisín Mulgrew
The State duty to prevent preventable prisoner deaths is easy to state and substantiate. Yet prisoner death rates are increasing around the world and are often much higher than those in the community. To understand why this is happening, the findings and recommendations of the country reports of international oversight bodies and thematic reports from international rapporteurs are synthesised with contemporary rights-informed penal standards, multi-disciplinary scholarship, non-governmental organization reports and media extracts. On the basis of this knowledge, this reform-oriented article explores the impact of structural, societal and environmental factors on natural and violent prisoner deaths and how these factors operate cumulatively to create dangerous and life-threatening custodial environments. The paper makes recommendations to reaffirm and enumerate the positive obligation to protect prisoners’ lives, develop specialist standards, adopt a broader approach to prison oversight and create a specific United Nations mandate on prisoner rights.
防止可预防的囚犯死亡的国家义务很容易陈述和证实。然而,世界各地的囚犯死亡率正在上升,而且往往远高于社区中的囚犯死亡率。为了理解为什么会发生这种情况,国际监督机构的国家报告和国际报告员的专题报告的调查结果和建议与当代知情权刑法标准、多学科学术、非政府组织报告和媒体摘录相结合。基于这些知识,这篇以改革为导向的文章探讨了结构、社会和环境因素对囚犯自然和暴力死亡的影响,以及这些因素如何累积起来,创造危险和危及生命的监禁环境。该文件建议重申和列举保护囚犯生命的积极义务,制定专门标准,采取更广泛的监狱监督方法,并制定联合国关于囚犯权利的具体任务。
{"title":"Prisoner Lives Cut Short: The Need to Address Structural, Societal and Environmental Factors to Reduce Preventable Prisoner Deaths","authors":"Róisín Mulgrew","doi":"10.1093/hrlr/ngad006","DOIUrl":"https://doi.org/10.1093/hrlr/ngad006","url":null,"abstract":"\u0000 The State duty to prevent preventable prisoner deaths is easy to state and substantiate. Yet prisoner death rates are increasing around the world and are often much higher than those in the community. To understand why this is happening, the findings and recommendations of the country reports of international oversight bodies and thematic reports from international rapporteurs are synthesised with contemporary rights-informed penal standards, multi-disciplinary scholarship, non-governmental organization reports and media extracts. On the basis of this knowledge, this reform-oriented article explores the impact of structural, societal and environmental factors on natural and violent prisoner deaths and how these factors operate cumulatively to create dangerous and life-threatening custodial environments. The paper makes recommendations to reaffirm and enumerate the positive obligation to protect prisoners’ lives, develop specialist standards, adopt a broader approach to prison oversight and create a specific United Nations mandate on prisoner rights.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42341307","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}
引用次数: 0
The 2016 UN General Assembly Declaration on the Right to Peace: A Step towards Sustainable Positive Peace within Societies? 2016年联合国大会和平权利宣言:迈向社会内可持续积极和平的一步?
IF 1.5 2区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-10 DOI: 10.1093/hrlr/ngad007
T. Turan
In 2016, the UN General Assembly adopted the Declaration on the Right to Peace. This article examines whether the implementation of the Declaration can likely lead to the realization of the right to peace in a way that elicits sustainable peace within societies. Thus, diverging from earlier studies, it provides conceptual and practical critiques of the Declaration to evaluate the viability of the right. First, following an in-depth analysis of the Declaration, this article draws on peace and conflict studies to explain what sustainable intra-state peace entails. Second, it establishes that the liberal and positive elements of peace and the frameworks prescribed in the Declaration are inadequate to address horizontal inequalities across all relevant identity groups qua groups, which is required to elicit sustainable peace. Third, it proposes guiding principles to direct implementing institutions, particularly UN bodies and frameworks, towards diagnosing and tackling inequalities across collectivities, thereby complementing the prevailing individualistic human rights approach.
2016年,联合国大会通过了《和平权利宣言》。这篇文章探讨了《宣言》的执行是否有可能以在社会内部引发可持续和平的方式实现和平权。因此,与早期的研究不同,它提供了对《宣言》的概念和实践批评,以评估权利的可行性。首先,在深入分析《宣言》之后,本文利用和平与冲突研究来解释可持续的国家内部和平意味着什么。第二,它确定,和平的自由和积极因素以及《宣言》规定的框架不足以解决所有相关身份群体作为群体之间的横向不平等问题,而这是实现可持续和平所必需的。第三,它提出了指导原则,指导执行机构,特别是联合国机构和框架,诊断和解决集体之间的不平等问题,从而补充了普遍的个人主义人权方法。
{"title":"The 2016 UN General Assembly Declaration on the Right to Peace: A Step towards Sustainable Positive Peace within Societies?","authors":"T. Turan","doi":"10.1093/hrlr/ngad007","DOIUrl":"https://doi.org/10.1093/hrlr/ngad007","url":null,"abstract":"\u0000 In 2016, the UN General Assembly adopted the Declaration on the Right to Peace. This article examines whether the implementation of the Declaration can likely lead to the realization of the right to peace in a way that elicits sustainable peace within societies. Thus, diverging from earlier studies, it provides conceptual and practical critiques of the Declaration to evaluate the viability of the right. First, following an in-depth analysis of the Declaration, this article draws on peace and conflict studies to explain what sustainable intra-state peace entails. Second, it establishes that the liberal and positive elements of peace and the frameworks prescribed in the Declaration are inadequate to address horizontal inequalities across all relevant identity groups qua groups, which is required to elicit sustainable peace. Third, it proposes guiding principles to direct implementing institutions, particularly UN bodies and frameworks, towards diagnosing and tackling inequalities across collectivities, thereby complementing the prevailing individualistic human rights approach.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48885783","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}
引用次数: 0
Protecting the Right to Social Participation of Older Persons in Long-Term Care under Article 19 of the United Nations Convention on the Rights of Persons with Disabilities 根据《联合国残疾人权利公约》第十九条保护长期护理中老年人的社会参与权
IF 1.5 2区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-10 DOI: 10.1093/hrlr/ngad004
Rachel Morrison-Dayan
The COVID-19 pandemic has drawn public attention to the long-standing issues of social isolation and loneliness of older persons living in residential long-term care (LTC) and has increased awareness of the importance of social participation. This article aims to contribute towards a shift in the understanding of how the United Nations Convention on the Rights of Persons with Disabilities (CRPD) may be applied in aged-care. It argues that the CRPD, in particular Article 19 (Living independently and being included in the community), has considerable potential to protect the right to social participation. It is also argued that changes in LTC settings and support may assist in protecting this right. Furthermore, the participation of older persons in this process and cultural change within LTC provider organizations and the general community is crucial. However, applying the Convention in the aged-care context raises challenges that require further consideration by human rights mechanisms.
新冠肺炎大流行引起了公众对长期居住在长期护理院的老年人长期存在的社会孤立和孤独问题的关注,并提高了人们对社会参与重要性的认识。这篇文章旨在帮助人们转变对《联合国残疾人权利公约》如何适用于老年护理的理解。它认为,《残疾人权利公约》,特别是第十九条(独立生活和融入社区),在保护社会参与权方面具有相当大的潜力。也有人认为,改变LTC设置和支持可能有助于保护这一权利。此外,老年人参与这一过程以及长期护理提供者组织和普通社区内部的文化变革至关重要。然而,在老年护理领域适用《公约》带来了挑战,需要人权机制进一步审议。
{"title":"Protecting the Right to Social Participation of Older Persons in Long-Term Care under Article 19 of the United Nations Convention on the Rights of Persons with Disabilities","authors":"Rachel Morrison-Dayan","doi":"10.1093/hrlr/ngad004","DOIUrl":"https://doi.org/10.1093/hrlr/ngad004","url":null,"abstract":"\u0000 The COVID-19 pandemic has drawn public attention to the long-standing issues of social isolation and loneliness of older persons living in residential long-term care (LTC) and has increased awareness of the importance of social participation. This article aims to contribute towards a shift in the understanding of how the United Nations Convention on the Rights of Persons with Disabilities (CRPD) may be applied in aged-care. It argues that the CRPD, in particular Article 19 (Living independently and being included in the community), has considerable potential to protect the right to social participation. It is also argued that changes in LTC settings and support may assist in protecting this right. Furthermore, the participation of older persons in this process and cultural change within LTC provider organizations and the general community is crucial. However, applying the Convention in the aged-care context raises challenges that require further consideration by human rights mechanisms.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49472371","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}
引用次数: 0
The Committee on the Rights of the Child’s Admissibility Decisions in the ‘Syrian Camps Cases’ against France: a Critique from the Viewpoint of Treaty Interpretation 儿童权利委员会对法国“叙利亚难民营案”的可受理性决定:从条约解释的角度进行批判
IF 1.5 2区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-10 DOI: 10.1093/hrlr/ngad008
M. Emberland
The article deals with three admissibility decisions by the United Nations Committee on the Rights of the Child where it found that it was competent to consider the merits of individual complaints against France submitted by relatives of French children staying in Syrian prison camps. Paving the way for the Committee subsequently to hold that France had violated the United Nations Convention on the Rights of the Child, the decisions are noteworthy for the Committee’s expansive notion of extraterritorial jurisdiction, which also has been adopted in other cases on the same subject, but also beyond. The article highlights two methodological features of the decisions that are closely related, notably their departure from generally accepted principles of treaty interpretation and their alignment with arguments submitted by the third-party interveners. It is argued that these features effectively undercut the authority of the Committee’s practice as source material when subjecting the treaty to legal interpretation.
该条涉及联合国儿童权利委员会作出的三项受理决定,委员会认为它有权审议在叙利亚监狱营地关押的法国儿童的亲属对法国提出的个人申诉的案情。这些决定为委员会后来认为法国违反《联合国儿童权利公约》铺平了道路,值得注意的是,委员会扩大了治外法权的概念,在关于同一问题的其他案件中也通过了这一概念,但也超越了治外法权。这篇文章强调了这些决定在方法论上的两个密切相关的特点,特别是它们偏离了普遍接受的条约解释原则,并与第三方干预者提出的论点保持一致。有人认为,在对条约进行法律解释时,这些特点实际上削弱了委员会作为来源材料的做法的权威。
{"title":"The Committee on the Rights of the Child’s Admissibility Decisions in the ‘Syrian Camps Cases’ against France: a Critique from the Viewpoint of Treaty Interpretation","authors":"M. Emberland","doi":"10.1093/hrlr/ngad008","DOIUrl":"https://doi.org/10.1093/hrlr/ngad008","url":null,"abstract":"\u0000 The article deals with three admissibility decisions by the United Nations Committee on the Rights of the Child where it found that it was competent to consider the merits of individual complaints against France submitted by relatives of French children staying in Syrian prison camps. Paving the way for the Committee subsequently to hold that France had violated the United Nations Convention on the Rights of the Child, the decisions are noteworthy for the Committee’s expansive notion of extraterritorial jurisdiction, which also has been adopted in other cases on the same subject, but also beyond. The article highlights two methodological features of the decisions that are closely related, notably their departure from generally accepted principles of treaty interpretation and their alignment with arguments submitted by the third-party interveners. It is argued that these features effectively undercut the authority of the Committee’s practice as source material when subjecting the treaty to legal interpretation.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44048271","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}
引用次数: 1
All Beginnings Are Difficult: The Guiding Principles on Extreme Poverty and Human Rights a Decade After Their Adoption 《万事开头难:关于极端贫困和人权的指导原则通过十年后》
IF 1.5 2区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-10 DOI: 10.1093/hrlr/ngad001
Adam Ploszka
In September 2022, 10 years had passed since the Guiding Principles on Extreme Poverty and Human Rights were adopted by the Human Rights Council. The Guiding Principles, as a soft law human rights instrument, were designed to be a useful tool for states in the formulation and implementation of poverty reduction and eradication policies. In this piece, I examine to what extent this objective has been met. Based on empirical research involving states’ representatives and civil society organizations, and analysis of the documents produced by United Nations bodies that played a key role in developing a human rights-based approach to poverty, I argue that this objective has been met only to a limited extent.
2022年9月,人权理事会通过《极端贫困与人权指导原则》10周年。《指导原则》作为一项软法律人权文书,旨在成为各国制定和执行减贫和消除贫困政策的有用工具。在这篇文章中,我将研究这一目标在多大程度上已经实现。根据涉及国家代表和民间社会组织的实证研究,以及对联合国机构在制定基于人权的减贫方法方面发挥关键作用的文件的分析,我认为这一目标只在有限的程度上得到了实现。
{"title":"All Beginnings Are Difficult: The Guiding Principles on Extreme Poverty and Human Rights a Decade After Their Adoption","authors":"Adam Ploszka","doi":"10.1093/hrlr/ngad001","DOIUrl":"https://doi.org/10.1093/hrlr/ngad001","url":null,"abstract":"\u0000 In September 2022, 10 years had passed since the Guiding Principles on Extreme Poverty and Human Rights were adopted by the Human Rights Council. The Guiding Principles, as a soft law human rights instrument, were designed to be a useful tool for states in the formulation and implementation of poverty reduction and eradication policies. In this piece, I examine to what extent this objective has been met. Based on empirical research involving states’ representatives and civil society organizations, and analysis of the documents produced by United Nations bodies that played a key role in developing a human rights-based approach to poverty, I argue that this objective has been met only to a limited extent.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47652358","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}
引用次数: 1
Defer or Revise? Horizontal Dialogue Between UN Treaty Bodies and Regional Human Rights Courts in Duplicative Legal Proceedings 延期还是修改?联合国条约机构与区域人权法院在重复法律诉讼中的横向对话
IF 1.5 2区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2023-03-10 DOI: 10.1093/hrlr/ngad009
Alexandre Skander Galand
There is no formal hierarchy between, or international rule of precedent applicable to, the three regional human rights systems and the eight UN Human Rights Treaty Bodies with active competence to entertain individual complaints. By scrutinising the practice of duplicative proceedings of UN Treaty Bodies (UNTBs), this article makes the argument that the res judicata and lis pendens principles have not prevented the UNTBs from reviewing cases previously examined by a regional human rights court. In doing so, the case is made that while the UNTBs usually defer to regional courts’ factual and legal findings when analyzing cases with the same parties, substantive rights, facts and events, judgments that apply the margin of appreciation doctrine are much more at risk of being revised and contradicted by UN Human Rights Treaty Bodies. Distinct opportunities for horizontal dialogue between UNTBs and regional human rights courts are thus opened.
三个区域人权系统和八个联合国人权条约机构之间没有正式的等级制度,也没有适用于它们的国际先例规则,它们有权积极受理个人申诉。本文通过审查联合国条约机构重复诉讼的做法,提出了这样的论点,即既判力和未决案件原则并没有阻止联合国条约机关审查以前由区域人权法院审查的案件。在这样做的过程中,有人认为,虽然联合国人权机构在分析与同一当事方的案件、实体权利、事实和事件时,通常会遵循区域法院的事实和法律调查结果,但适用升值幅度原则的判决更有可能被联合国人权条约机构修改和反驳。因此,联柬权力机构与区域人权法院之间开展横向对话的机会明显增多。
{"title":"Defer or Revise? Horizontal Dialogue Between UN Treaty Bodies and Regional Human Rights Courts in Duplicative Legal Proceedings","authors":"Alexandre Skander Galand","doi":"10.1093/hrlr/ngad009","DOIUrl":"https://doi.org/10.1093/hrlr/ngad009","url":null,"abstract":"\u0000 There is no formal hierarchy between, or international rule of precedent applicable to, the three regional human rights systems and the eight UN Human Rights Treaty Bodies with active competence to entertain individual complaints. By scrutinising the practice of duplicative proceedings of UN Treaty Bodies (UNTBs), this article makes the argument that the res judicata and lis pendens principles have not prevented the UNTBs from reviewing cases previously examined by a regional human rights court. In doing so, the case is made that while the UNTBs usually defer to regional courts’ factual and legal findings when analyzing cases with the same parties, substantive rights, facts and events, judgments that apply the margin of appreciation doctrine are much more at risk of being revised and contradicted by UN Human Rights Treaty Bodies. Distinct opportunities for horizontal dialogue between UNTBs and regional human rights courts are thus opened.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2023-03-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43147988","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}
引用次数: 0
Lodestar in the Time of Coronavirus? Interpreting International Obligations to Realise the Right to Health During the COVID-19 Pandemic 冠状病毒时代的指路明灯?在COVID-19大流行期间解释实现健康权的国际义务
IF 1.5 2区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-12-21 DOI: 10.1093/hrlr/ngac036
J. Bueno de Mesquita, C. Lougarre, L. Montel, S. Sekalala
While the right to health has gained significant momentum in international law over the past two years, there is little clarity on what it means for States to comply with this right in times of COVID-19. Taking Articles 2(1) and 12 of the International Covenant on Economic, Social and Cultural Rights as a starting point, our article follows an approach guided by the rules of treaty interpretation under the Vienna Convention on the Law of Treaties to suggest how right to health obligations to prevent, treat and control infectious diseases should be interpreted in relation to COVID-19, and how these obligations interact with general obligations of immediacy, progressive realisation, minimum core and international assistance and cooperation in this context. This article makes a novel contribution to clarifying the right to health during COVID-19, thus enhancing capacity for the oversight of this right; its incorporation in global health law; and the understanding of its corresponding obligations in future global health emergencies.
虽然健康权在过去两年中在国际法中获得了巨大的发展势头,但在2019冠状病毒病期间,各国遵守这一权利的意义却不甚明确。本文以《经济、社会及文化权利国际公约》第二条第一款和第十二条为出发点,遵循《维也纳条约法公约》下的条约解释规则,建议如何解释与COVID-19有关的预防、治疗和控制传染病的健康权义务,以及这些义务如何与立即、逐步实现的一般义务相互作用。这方面的最低限度核心和国际援助与合作。本条为澄清COVID-19期间的健康权作出了新的贡献,从而加强了监督这项权利的能力;将其纳入全球卫生法;并了解其在未来全球卫生突发事件中的相应义务。
{"title":"Lodestar in the Time of Coronavirus? Interpreting International Obligations to Realise the Right to Health During the COVID-19 Pandemic","authors":"J. Bueno de Mesquita, C. Lougarre, L. Montel, S. Sekalala","doi":"10.1093/hrlr/ngac036","DOIUrl":"https://doi.org/10.1093/hrlr/ngac036","url":null,"abstract":"\u0000 While the right to health has gained significant momentum in international law over the past two years, there is little clarity on what it means for States to comply with this right in times of COVID-19. Taking Articles 2(1) and 12 of the International Covenant on Economic, Social and Cultural Rights as a starting point, our article follows an approach guided by the rules of treaty interpretation under the Vienna Convention on the Law of Treaties to suggest how right to health obligations to prevent, treat and control infectious diseases should be interpreted in relation to COVID-19, and how these obligations interact with general obligations of immediacy, progressive realisation, minimum core and international assistance and cooperation in this context. This article makes a novel contribution to clarifying the right to health during COVID-19, thus enhancing capacity for the oversight of this right; its incorporation in global health law; and the understanding of its corresponding obligations in future global health emergencies.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46895490","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}
引用次数: 0
Cyberviolence Against Women Under International Human Rights Law: Buturugă v Romania and Volodina v Russia (No 2) 国际人权法下针对妇女的网络暴力:buturugei诉罗马尼亚和Volodina诉俄罗斯(第2名)
IF 1.5 2区 社会学 Q2 INTERNATIONAL RELATIONS Pub Date : 2022-12-21 DOI: 10.1093/hrlr/ngac033
Adaena Sinclair-Blakemore
This article analyses the recent judgments of Buturugă v Romania and Volodina v Russia (No 2), the first judgments of the European Court of Human Rights (Court) to recognise cyberviolence against women as a violation of Article 8 of the ECHR in circumstances where the respondent states failed to discharge their positive obligations to prevent, protect from and punish acts of cyberviolence against women. While the Court’s judgments in both cases have much to commend insofar as they expressly recognise cyberviolence against women as a human rights violation, this article posits that the Court’s framing of its analyses in both judgments under Article 8 rather than Article 3 is problematic for several reasons: first, Article 8 is a qualified right that may be subject to lawful interference by states; secondly, the invocation of Article 8 does not adequately capture the gravity of the human rights violation and, more broadly, undermines the significant progress made in establishing violence against women as a violation of the prohibition of torture, in human or degrading treatment or punishment under international law; and thirdly, the recognition of cyberviolence against women as a violation of Article 8 does little to address the recalibrated public/private distinction under international law in the digital era, which has contributed to the prevalence of cyberviolence against women. This article contends that in the future the Court’s analysis of complaints concerning cyberviolence against women would be considerably improved by examining complaints under Article 3 rather than Article 8.
本文分析了Buturugă诉罗马尼亚案和Volodina诉俄罗斯案(第2号)的最新判决,这是欧洲人权法院(法院)承认在被告国未能履行积极预防义务的情况下,针对妇女的网络暴力违反了《欧洲人权公约》第8条的第一个判决,保护和惩罚针对妇女的网络暴力行为。虽然法院在这两起案件中的判决都有很多值得赞扬的地方,因为它们明确承认针对妇女的网络暴力是侵犯人权的行为,但本文认为,法院在两起判决中根据第8条而不是第3条进行分析的框架存在问题,原因有几个:首先,第8条是一项限定权利,可能受到国家的合法干涉;第二,援引第八条并没有充分反映侵犯人权行为的严重性,更广泛地说,破坏了在将暴力侵害妇女行为定为违反国际法禁止酷刑、人身或有辱人格的待遇或处罚方面取得的重大进展;第三,承认对妇女的网络暴力违反了第八条,对解决数字时代国际法重新调整的公共/私人区别没有多大帮助,这导致了对妇女网络暴力的普遍存在。这篇文章认为,法院今后将根据第3条而不是第8条审查有关网络暴力侵害妇女的投诉,从而大大改进对这些投诉的分析。
{"title":"Cyberviolence Against Women Under International Human Rights Law: Buturugă v Romania and Volodina v Russia (No 2)","authors":"Adaena Sinclair-Blakemore","doi":"10.1093/hrlr/ngac033","DOIUrl":"https://doi.org/10.1093/hrlr/ngac033","url":null,"abstract":"\u0000 This article analyses the recent judgments of Buturugă v Romania and Volodina v Russia (No 2), the first judgments of the European Court of Human Rights (Court) to recognise cyberviolence against women as a violation of Article 8 of the ECHR in circumstances where the respondent states failed to discharge their positive obligations to prevent, protect from and punish acts of cyberviolence against women. While the Court’s judgments in both cases have much to commend insofar as they expressly recognise cyberviolence against women as a human rights violation, this article posits that the Court’s framing of its analyses in both judgments under Article 8 rather than Article 3 is problematic for several reasons: first, Article 8 is a qualified right that may be subject to lawful interference by states; secondly, the invocation of Article 8 does not adequately capture the gravity of the human rights violation and, more broadly, undermines the significant progress made in establishing violence against women as a violation of the prohibition of torture, in human or degrading treatment or punishment under international law; and thirdly, the recognition of cyberviolence against women as a violation of Article 8 does little to address the recalibrated public/private distinction under international law in the digital era, which has contributed to the prevalence of cyberviolence against women. This article contends that in the future the Court’s analysis of complaints concerning cyberviolence against women would be considerably improved by examining complaints under Article 3 rather than Article 8.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":1.5,"publicationDate":"2022-12-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46934705","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}
引用次数: 0
期刊
Human Rights Law Review
全部 Acc. Chem. Res. ACS Applied Bio Materials ACS Appl. Electron. Mater. ACS Appl. Energy Mater. ACS Appl. Mater. Interfaces ACS Appl. Nano Mater. ACS Appl. Polym. Mater. ACS BIOMATER-SCI ENG ACS Catal. ACS Cent. Sci. ACS Chem. Biol. ACS Chemical Health & Safety ACS Chem. Neurosci. ACS Comb. Sci. ACS Earth Space Chem. ACS Energy Lett. ACS Infect. Dis. ACS Macro Lett. ACS Mater. Lett. ACS Med. Chem. Lett. ACS Nano ACS Omega ACS Photonics ACS Sens. ACS Sustainable Chem. Eng. ACS Synth. Biol. Anal. Chem. BIOCHEMISTRY-US Bioconjugate Chem. BIOMACROMOLECULES Chem. Res. Toxicol. Chem. Rev. Chem. Mater. CRYST GROWTH DES ENERG FUEL Environ. Sci. Technol. Environ. Sci. Technol. Lett. Eur. J. Inorg. Chem. IND ENG CHEM RES Inorg. Chem. J. Agric. Food. Chem. J. Chem. Eng. Data J. Chem. Educ. J. Chem. Inf. Model. J. Chem. Theory Comput. J. Med. Chem. J. Nat. Prod. J PROTEOME RES J. Am. Chem. Soc. LANGMUIR MACROMOLECULES Mol. Pharmaceutics Nano Lett. Org. Lett. ORG PROCESS RES DEV ORGANOMETALLICS J. Org. Chem. J. Phys. Chem. J. Phys. Chem. A J. Phys. Chem. B J. Phys. Chem. C J. Phys. Chem. Lett. Analyst Anal. Methods Biomater. Sci. Catal. Sci. Technol. Chem. Commun. Chem. Soc. Rev. CHEM EDUC RES PRACT CRYSTENGCOMM Dalton Trans. Energy Environ. Sci. ENVIRON SCI-NANO ENVIRON SCI-PROC IMP ENVIRON SCI-WAT RES Faraday Discuss. Food Funct. Green Chem. Inorg. Chem. Front. Integr. Biol. J. Anal. At. Spectrom. J. Mater. Chem. A J. Mater. Chem. B J. Mater. Chem. C Lab Chip Mater. Chem. Front. Mater. Horiz. MEDCHEMCOMM Metallomics Mol. Biosyst. Mol. Syst. Des. Eng. Nanoscale Nanoscale Horiz. Nat. Prod. Rep. New J. Chem. Org. Biomol. Chem. Org. Chem. Front. PHOTOCH PHOTOBIO SCI PCCP Polym. Chem.
×
引用
GB/T 7714-2015
复制
MLA
复制
APA
复制
导出至
BibTeX EndNote RefMan NoteFirst NoteExpress
×
0
微信
客服QQ
Book学术公众号 扫码关注我们
反馈
×
意见反馈
请填写您的意见或建议
请填写您的手机或邮箱
×
提示
您的信息不完整,为了账户安全,请先补充。
现在去补充
×
提示
您因"违规操作"
具体请查看互助需知
我知道了
×
提示
现在去查看 取消
×
提示
确定
Book学术官方微信
Book学术文献互助
Book学术文献互助群
群 号:481959085
Book学术
文献互助 智能选刊 最新文献 互助须知 联系我们:info@booksci.cn
Book学术提供免费学术资源搜索服务,方便国内外学者检索中英文文献。致力于提供最便捷和优质的服务体验。
Copyright © 2023 Book学术 All rights reserved.
ghs 京公网安备 11010802042870号 京ICP备2023020795号-1