{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/hrlr/ngac010","DOIUrl":"https://doi.org/10.1093/hrlr/ngac010","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60847897","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}
{"title":"OUP accepted manuscript","authors":"","doi":"10.1093/hrlr/ngac006","DOIUrl":"https://doi.org/10.1093/hrlr/ngac006","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2022-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"60847835","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}
Predictive risk models (‘PRMs’) are increasingly utilized in policing and child protection contexts to monitor, flag and assess children ‘at risk’ of victimization and/or offending. Policing and child protection PRMs focus on similar vulnerable and marginalized cohorts, strengthening the power of the State’s gaze over these groups. An analysis of the overlap between these PRMs reveals problematic State constructions of vulnerability and risk, exposing porous lines between welfare and policing agendas. This Article contends that these PRMs may result in the criminalization of vulnerable and marginalized children, thus undermining objectives of the United Nations Convention on the Rights of the Child (UNCRC). The UNCRC is applied to assess implications for privacy, discrimination and child justice principles, in context with positive obligations to protect children and promote their best interests. The Article also addresses the UNCRC through a critical lens, identifying shortcomings that may undermine its potential to confront relevant harms.
{"title":"Risking Children: The Implications of Predictive Risk Analytics Across Child Protection and Policing for Vulnerable and Marginalized Children","authors":"Sarah Sacher","doi":"10.1093/hrlr/ngab028","DOIUrl":"https://doi.org/10.1093/hrlr/ngab028","url":null,"abstract":"Predictive risk models (‘PRMs’) are increasingly utilized in policing and child protection contexts to monitor, flag and assess children ‘at risk’ of victimization and/or offending. Policing and child protection PRMs focus on similar vulnerable and marginalized cohorts, strengthening the power of the State’s gaze over these groups. An analysis of the overlap between these PRMs reveals problematic State constructions of vulnerability and risk, exposing porous lines between welfare and policing agendas. This Article contends that these PRMs may result in the criminalization of vulnerable and marginalized children, thus undermining objectives of the United Nations Convention on the Rights of the Child (UNCRC). The UNCRC is applied to assess implications for privacy, discrimination and child justice principles, in context with positive obligations to protect children and promote their best interests. The Article also addresses the UNCRC through a critical lens, identifying shortcomings that may undermine its potential to confront relevant harms.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2021-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138516577","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}
This article explores how the European Court of Human Rights has interpreted the right to interpretation under Article 6(3)(e) ECHR—a topic which, despite its significance for the rule of law and access to justice, has received, to date, very limited scholarly attention. The key finding is that we are witnessing a ‘cautious evolution’: the Court has progressively—yet simultaneously cautiously—developed the standards and guarantees of this right, which is one of the rights of defence under Article 6(3) ECHR and a requirement of the fair trial. The analysis focuses, in particular, on (i) how general interpretative techniques that have been developed by the Strasbourg Court were applied by the Court in its jurisprudence concerning the said provision; (ii) on the interplay between the overall fairness of the trial and Article 6(3)(e) ECHR; and (iii) on Article 6(3)(e) ECHR and the relationship between legal assistance/legal aid and the right to interpretation. In addition, the article identifies possible areas of further development of this right.
{"title":"Interpreting the Right to Interpretation under Article 6(3)(e) ECHR: A Cautious Evolution in the Jurisprudence of the European Court of Human Rights?","authors":"Nikos Vogiatzis","doi":"10.1093/hrlr/ngab027","DOIUrl":"https://doi.org/10.1093/hrlr/ngab027","url":null,"abstract":"This article explores how the European Court of Human Rights has interpreted the right to interpretation under Article 6(3)(e) ECHR—a topic which, despite its significance for the rule of law and access to justice, has received, to date, very limited scholarly attention. The key finding is that we are witnessing a ‘cautious evolution’: the Court has progressively—yet simultaneously cautiously—developed the standards and guarantees of this right, which is one of the rights of defence under Article 6(3) ECHR and a requirement of the fair trial. The analysis focuses, in particular, on (i) how general interpretative techniques that have been developed by the Strasbourg Court were applied by the Court in its jurisprudence concerning the said provision; (ii) on the interplay between the overall fairness of the trial and Article 6(3)(e) ECHR; and (iii) on Article 6(3)(e) ECHR and the relationship between legal assistance/legal aid and the right to interpretation. In addition, the article identifies possible areas of further development of this right.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2021-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138516578","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}
{"title":"Zvezda Vankova, Circular Migration and the Rights of Migrant Workers in Central and Eastern Europe. The EU Promise of a Triple Win Solution (Springer, 2020, xxii +261 pp, Open Access) eBook ISBN 9783030526894 (eBook)","authors":"Diego Acosta","doi":"10.1093/hrlr/ngab024","DOIUrl":"https://doi.org/10.1093/hrlr/ngab024","url":null,"abstract":"","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2021-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44004390","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}
Gaetan Cliquennois, Sonja Snacken, Dirk van Zyl Smit
This paper analyses the shortcomings of European suicide prevention policy in places of detention, a topic that has been neglected in the European legal literature. Four interrelated characteristics of the suicide prevention policies developed by the European Court of Human Rights (ECtHR) are responsible for the failures of these policies. First, the risk-based approach relies on individual risk calculations by national detention authorities to the detriment of environmental factors and a holistic approach. Second, there is an unacknowledged tension in the jurisprudence of the ECtHR between the right to life of detainees and the right to life of potential victims of terrorism and other serious crimes. Third, the jurisprudence on state liability, with its individual risk-based approach, has been translated into highly restrictive death avoidance national practices, which infringe human dignity and reinforce detainees’ willingness to commit suicide. Finally, the right to life does not effectively limit the inherent punitiveness of suicide prevention policies.
{"title":"The European Human Rights System and the Right to Life Seen through Suicide Prevention in Places of Detention: Between Risk Management and Punishment","authors":"Gaetan Cliquennois, Sonja Snacken, Dirk van Zyl Smit","doi":"10.1093/hrlr/ngab023","DOIUrl":"https://doi.org/10.1093/hrlr/ngab023","url":null,"abstract":"\u0000 This paper analyses the shortcomings of European suicide prevention policy in places of detention, a topic that has been neglected in the European legal literature. Four interrelated characteristics of the suicide prevention policies developed by the European Court of Human Rights (ECtHR) are responsible for the failures of these policies. First, the risk-based approach relies on individual risk calculations by national detention authorities to the detriment of environmental factors and a holistic approach. Second, there is an unacknowledged tension in the jurisprudence of the ECtHR between the right to life of detainees and the right to life of potential victims of terrorism and other serious crimes. Third, the jurisprudence on state liability, with its individual risk-based approach, has been translated into highly restrictive death avoidance national practices, which infringe human dignity and reinforce detainees’ willingness to commit suicide. Finally, the right to life does not effectively limit the inherent punitiveness of suicide prevention policies.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2021-09-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44495461","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}
Studies on the Refugee Convention have paid very limited attention to the notion of family and family rights of asylum claimants in connection with asylum claims based on sexual orientation and gender identity (SOGI). Drawing on the notion of ‘legal violence’, this article demonstrates the injurious cumulative effect that a heteronormative, homonormative and Western-centered formulation and implementation of asylum and refugee law has on SOGI claimants when it comes to intimate and family relationships. By relying on a solid body of primary and secondary data, it explores the invisibility of SOGI claimants and refugees’ families and how that invisibility is normalized by European legal frameworks, such as the Dublin (III) Regulation and Family Reunification Directive. To end this ‘legal violence’ and reconnect asylum systems with the lived experiences of SOGI claimants, a principled approach based on human rights and specifically the right to respect for family life is suggested.
{"title":"Legal Violence and (In)Visible Families: How Law Shapes and Erases Family Life in SOGI Asylum in Europe","authors":"Carmelo Danisi, N. Ferreira","doi":"10.1093/hrlr/ngab020","DOIUrl":"https://doi.org/10.1093/hrlr/ngab020","url":null,"abstract":"\u0000 Studies on the Refugee Convention have paid very limited attention to the notion of family and family rights of asylum claimants in connection with asylum claims based on sexual orientation and gender identity (SOGI). Drawing on the notion of ‘legal violence’, this article demonstrates the injurious cumulative effect that a heteronormative, homonormative and Western-centered formulation and implementation of asylum and refugee law has on SOGI claimants when it comes to intimate and family relationships. By relying on a solid body of primary and secondary data, it explores the invisibility of SOGI claimants and refugees’ families and how that invisibility is normalized by European legal frameworks, such as the Dublin (III) Regulation and Family Reunification Directive. To end this ‘legal violence’ and reconnect asylum systems with the lived experiences of SOGI claimants, a principled approach based on human rights and specifically the right to respect for family life is suggested.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46460640","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}
This article proposes a normative, moral justification for the protection of collective labour rights as aspects of the right to freedom of association under Article 11 European Convention on Human Rights. A justification of this kind has so far been largely absent from the reasoning of the European Court of Human Rights , which has referred more frequently to international labour rights instruments in respect of some of the developments in its case-law on collective labour rights. The article argues that Article 11 should be interpreted also by reference to a particular theoretical account of the right to freedom of association as a moral right, which emphasises the role of freedom of association in enabling individuals to meet on more equal terms the power of those whose decisions affect them, and thus to participate in determining the circumstances of their life. According to this account, certain collective labour rights necessarily derive from the right to freedom of association.
{"title":"Worker Empowerment, Collective Labour Rights and Article 11 of the European Convention on Human Rights","authors":"Kalina Arabadjieva","doi":"10.1093/hrlr/ngab019","DOIUrl":"https://doi.org/10.1093/hrlr/ngab019","url":null,"abstract":"\u0000 This article proposes a normative, moral justification for the protection of collective labour rights as aspects of the right to freedom of association under Article 11 European Convention on Human Rights. A justification of this kind has so far been largely absent from the reasoning of the European Court of Human Rights , which has referred more frequently to international labour rights instruments in respect of some of the developments in its case-law on collective labour rights. The article argues that Article 11 should be interpreted also by reference to a particular theoretical account of the right to freedom of association as a moral right, which emphasises the role of freedom of association in enabling individuals to meet on more equal terms the power of those whose decisions affect them, and thus to participate in determining the circumstances of their life. According to this account, certain collective labour rights necessarily derive from the right to freedom of association.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2021-08-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43379069","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}
The European Social Charter has recently received increased attention due to the evolution of its monitoring mechanism and the need to address a multitude of contemporary challenges to socio-economic rights. Although the treaty’s preamble has played a crucial role in the interpretation of substantive provisions and in shaping state obligations, little attention has been paid to the way in which the preamble has defined the fundamental lines of the ‘jurisprudence’ of the Charter’s monitoring body. The European Committee of Social Rights has deduced from the Charter’s preamble several important general principles for the protection of socio-economic rights, on which it grounds its interpretation. This article analyses these principles and evaluates their effects in the relevant practice. The findings suggest that the Charter’s preamble serves different purposes and performs multiple functions in international law, thus challenging the common assumption that human rights treaty preambles are empty phrases of a merely ceremonial nature.
{"title":"Revisiting the Preamble of the European Social Charter: Paper Tiger or Blessing in Disguise?","authors":"Nikolaos A Papadopoulos","doi":"10.1093/hrlr/ngab021","DOIUrl":"https://doi.org/10.1093/hrlr/ngab021","url":null,"abstract":"\u0000 The European Social Charter has recently received increased attention due to the evolution of its monitoring mechanism and the need to address a multitude of contemporary challenges to socio-economic rights. Although the treaty’s preamble has played a crucial role in the interpretation of substantive provisions and in shaping state obligations, little attention has been paid to the way in which the preamble has defined the fundamental lines of the ‘jurisprudence’ of the Charter’s monitoring body. The European Committee of Social Rights has deduced from the Charter’s preamble several important general principles for the protection of socio-economic rights, on which it grounds its interpretation. This article analyses these principles and evaluates their effects in the relevant practice. The findings suggest that the Charter’s preamble serves different purposes and performs multiple functions in international law, thus challenging the common assumption that human rights treaty preambles are empty phrases of a merely ceremonial nature.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2021-08-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43022202","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}
The right to the truth about gross human rights violations is gradually becoming more firmly entrenched in international human rights law. However, the content and contours of the right to the truth are not without controversy. Some of the most pressing issues that have arisen are the extent of society’s right to the truth, the scope of the truth that it pursues (fact-finding or broader historical truth) and the relationship between truth seeking and official acknowledgment. This article turns to multidisciplinary research about truth seeking and memory with regard to gross human rights violations, which provides rich insights into the role of truth in the aftermath of mass atrocities that can shed light on the possible implications of the right to the truth. It thus provides a critical reflection on the right to the truth, in order to consider how it could perform a valuable function.
{"title":"A Critical Reflection on the Right to the Truth about Gross Human Rights Violations","authors":"M. V. Noorloos","doi":"10.1093/HRLR/NGAB018","DOIUrl":"https://doi.org/10.1093/HRLR/NGAB018","url":null,"abstract":"\u0000 The right to the truth about gross human rights violations is gradually becoming more firmly entrenched in international human rights law. However, the content and contours of the right to the truth are not without controversy. Some of the most pressing issues that have arisen are the extent of society’s right to the truth, the scope of the truth that it pursues (fact-finding or broader historical truth) and the relationship between truth seeking and official acknowledgment.\u0000 This article turns to multidisciplinary research about truth seeking and memory with regard to gross human rights violations, which provides rich insights into the role of truth in the aftermath of mass atrocities that can shed light on the possible implications of the right to the truth. It thus provides a critical reflection on the right to the truth, in order to consider how it could perform a valuable function.","PeriodicalId":46556,"journal":{"name":"Human Rights Law Review","volume":null,"pages":null},"PeriodicalIF":1.5,"publicationDate":"2021-07-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41654048","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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