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Agents with Principles? Preventing Conflict-Related Sexual Violence with Human Rights Laws and Norms 有原则的代理人?用人权法律和规范预防与冲突有关的性暴力
IF 1 3区 社会学 Q3 POLITICAL SCIENCE Pub Date : 2023-07-31 DOI: 10.1353/hrq.2023.a903336
Kathryn Overton, Sally Sharif
ABSTRACT:Focusing on conflict-related sexual violence (CRSV), we posit that behavioral expectations in the form of norms and laws have a visible impact on government militaries. Using data from over 2,000 actor-incidents between 1989 and 2015, we find a robust negative relationship between physical integrity norms and CRSV. CRSV is often a gendered act, but its prevention is not. Our analysis suggests that CRSV prevention rests with the imperative to respect physical integrity rights. This inherent respect restrains government actors even when elements of formal military control are absent or only inconsistently enforced.
摘要:针对与冲突相关的性暴力(CRSV),我们认为规范和法律形式的行为期望对政府军队有着明显的影响。使用1989年至2015年期间2000多起演员事件的数据,我们发现身体完整性规范与CRSV之间存在显著的负相关关系。CRSV通常是一种性别行为,但其预防并非如此。我们的分析表明,CRSV的预防取决于尊重身体完整性权利的必要性。这种固有的尊重约束了政府行为体,即使在没有正式军事控制要素或只是执行不一致的情况下也是如此。
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引用次数: 0
The Image of a Lesser God: Imago Dei and the Human Rights of Children 小神的形象:上帝的形象与儿童的人权
IF 1 3区 社会学 Q3 POLITICAL SCIENCE Pub Date : 2023-07-31 DOI: 10.1353/hrq.2023.a903337
Richard P. Hiskes
ABSTRACT:Since the time of Augustine, and continuing today, it is common for religious believers to say that humans are created in the “image of God.” This imago dei idea was also commonly invoked, beginning in the seventeenth century, by Liberal theorists like Locke and Jefferson, as the foundation for natural or human rights. In this article, I will argue that for centuries, the dominant interpretations of imago dei were used by religious philosophical and political leaders to deny rights to both women and non-white men. More centrally to my thesis, this theological idea is still invoked today to deny human rights to children. However, taking children’s human rights seriously offers both a new foundation for human rights generally, and a different interpretation of what it means for humans to reflect the divine image.
摘要:从奥古斯丁时代开始,一直到今天,宗教信徒们都说人类是按照“上帝的形象”创造的。从17世纪开始,自由主义理论家,如洛克和杰斐逊,也经常援引上帝意象的观点,作为自然权利或人权的基础。在这篇文章中,我将论证几个世纪以来,宗教、哲学和政治领袖对上帝意象的主流解释被用来否认女性和非白人男性的权利。更重要的是,这种神学观点至今仍被用来否认儿童的人权。然而,认真对待儿童人权既为一般人权提供了一个新的基础,也为人类反映神的形象的意义提供了一种不同的解释。
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引用次数: 0
A Magna Carta for Children?: Rethinking Children’s Rights by Michael Freeman (review) 儿童大宪章?:《重新思考儿童权利》作者:迈克尔·弗里曼
IF 1 3区 社会学 Q3 POLITICAL SCIENCE Pub Date : 2023-07-31 DOI: 10.1353/hrq.2023.a903340
Linde Lindkvist
Andreas Kleiser has worked in the field of international cooperation since 1995, initially as an executive officer in the General Secretariat of the Council of Europe. He advised the International Commission on Missing Persons (ICMP) in 2001 on the establishment of the Missing Persons Institute of Bosnia and Herzegovina and joined the organization as Senior Advisor in 2003. He led ICMP’s first disaster response operation, at the request of the Council of the European Union, to help the authorities in Thailand account for those who went missing in the 2004 South East Asian tsunami. Kleiser has negotiated numerous cooperation and other agreements between ICMP and intergovernmental and other organizations, as well as with governments of states where ICMP works, and he oversees ICMP’s assistance to domestic and international justice institutions, including, during its mandate, the International Criminal Tribunal for the Former Yugoslavia. In 2005 he was appointed Deputy Chief of Staff and in 2006 Director for Policy and Cooperation. Kleiser obtained his law degrees from the University of Konstanz, Germany, and from the University of San Diego School of Law, California.
Andreas Kleiser自1995年以来一直在国际合作领域工作,最初是欧洲委员会总秘书处的执行干事。他于2001年就波斯尼亚和黑塞哥维那失踪人员研究所的成立向国际失踪人员委员会提供咨询,并于2003年作为高级顾问加入该组织。应欧盟理事会的要求,他领导了ICMP的第一次救灾行动,以帮助泰国当局查明2004年东南亚海啸中失踪人员的下落。Kleiser在ICMP与政府间组织和其他组织以及ICMP工作的国家政府之间谈判了许多合作和其他协议,他监督ICMP对国内和国际司法机构的援助,包括在其任期内对前南斯拉夫问题国际刑事法庭的援助。2005年,他被任命为办公室副主任,2006年被任命为政策与合作主任。Kleiser获得了德国康斯坦茨大学和加利福尼亚州圣地亚哥大学法学院的法律学位。
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引用次数: 0
Advice without Consent?: Assessing the Advisory Jurisdiction of the African Court on Human and Peoples’ Rights 未经同意的建议?:评估非洲人权和人民权利法院的咨询管辖权
IF 1 3区 社会学 Q3 POLITICAL SCIENCE Pub Date : 2023-07-31 DOI: 10.1353/hrq.2023.a903333
C. Odinkalu
ABSTRACT:Despite enduring prolonged skepticism, Africa’s regional human rights has a complex architecture of institutions, norms, procedures, and jurisprudence. A major entity among these institutions is the African Court on Human and Peoples’ Rights. In existence for over one and a half decades, the Court remains an institution in transition. With an identity defined mostly by its contentious jurisdiction, the significance of its advisory jurisdiction has been neglected. Three hundred eight cases (95.36 percent) of the 323 cases received by the court in its first fifteen years were contentious. The remaining fifteen (less than 5 percent) were advisory. Notwithstanding its relative rarity, the initial evidence suggests that advisory jurisdiction of the African Court could potentially play a significant role in shaping the trajectory of human rights norms in Africa. This article explores the mechanics and potential impact of the advisory jurisdiction of the African Court for the future of human rights in Africa.
摘要:尽管外界对非洲区域人权的质疑由来已久,但它在制度、规范、程序和判例等方面有着复杂的体系结构。这些机构中的一个主要实体是非洲人权和人民权利法院。法院已经存在了15年多,但仍然是一个处于过渡时期的机构。由于其身份主要由其争议管辖权确定,其咨询管辖权的意义被忽视了。宪法法院成立15年来受理的323件案件中,有338件(95.36%)是争议案件。剩下的15人(不到5%)是顾问。尽管这种情况相对罕见,但初步证据表明,非洲法院的咨询管辖权可能在塑造非洲人权规范的轨迹方面发挥重要作用。本文探讨了非洲法院的咨询管辖权对非洲人权未来的机制和潜在影响。
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引用次数: 0
Forum-Shifting and Human Rights: Prospects for Queering the Women, Peace and Security Agenda 论坛转移与人权:改变妇女、和平与安全议程的前景
IF 1 3区 社会学 Q3 POLITICAL SCIENCE Pub Date : 2023-07-31 DOI: 10.1353/hrq.2023.a903334
Jamie J. Hagen, Catherine O’Rourke
ABSTRACT:The adoption of the Women, Peace and Security (WPS) Agenda by the UN Security Council constituted a forum-shift by women’s rights advocates away from the human rights system. As queer critique of the WPS agenda gathers pace, this article reflects on the antecedents of the queer exclusions of the WPS agenda in international human rights law. The article thereby reveals the consequences in other international law regimes of human rights law’s queer exclusions. The article concludes with some tentative proposals to utilise the pluralism of international human rights law to expand queer possibilities for both human rights and WPS.
摘要:联合国安理会通过《妇女、和平与安全议程》(Women, Peace and Security Agenda, WPS),标志着妇女权利倡导者从人权体系转向论坛。随着酷儿对WPS议程的批评日益增多,本文反思了在国际人权法中,将酷儿排除在WPS议程之外的先例。本文由此揭示了人权法的奇怪排除在其他国际法制度中的后果。文章最后提出了利用国际人权法的多元性来拓展人权和劳动保障的可能性的一些设想。
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引用次数: 0
Reunion: Finding the Disappeared Children of El Salvador by Elizabeth Barnert (review) 《团聚:寻找萨尔瓦多失踪儿童》伊丽莎白·巴内特著(书评)
IF 1 3区 社会学 Q3 POLITICAL SCIENCE Pub Date : 2023-07-31 DOI: 10.1353/hrq.2023.a903339
A. Kleiser
I wish I could cede Illingworth the point that human rights are a first principle, because I am immensely attracted to her model. Foremost, her framework upends the notion of philanthropy as an act of private altruism—an idea that becomes immediately hollow once we trace the subsidies and public dollars that subvent it—and instead redefines philanthropy as an obligation. As such, the donor is not free to make any old choice, but instead must meet requirements; and the recipient of the donation is not subordinated but equalized by receiving their due. Even a shift in the language of philanthropy, from generosity and gift to obligation and right, is profound. And it is bracing to imagine the material transformations that might follow, including a serious commitment to economic redistribution, since alleviating poverty is certainly core to the human rights work that Illingworth envisions. When it comes down to it, the problem with putting so much stock in human rights is not only a historical and sociological one—that today’s right might be tomorrow’s wrong; and that different people perceive those rights differently—it is also a human one. On the most extreme end of Illingworth’s framework is a dystopian possibility that instead of the people determining the rights, the right will determine the people. She quietly says as much when she notes that sometimes democratically elected governments do not do what’s best to advance human rights, with climate change policy a case in point. So, when the electorate and the government fail, then we are still obligated to let the human right lead. If I were to have to choose a dictatorship, this certainly would be preferable to others, but human rights absent human consent still strikes me as dangerous. In the end, despite my concerns about the a-historicity and unwarranted certainty of Illingworth’s first principles, the value of her book is its disciplinary honesty. Here, she says, is one way to think about a big problem we have about wealth being improperly used, even when it is behaving philanthropically. Instead of turning away, she walks boldly into the thick of it, challenging us not to give up but to try to do better. Is there an alternative?
我希望我能把人权是第一原则的观点让给伊林沃思,因为我被她的模式深深吸引。最重要的是,她的框架颠覆了慈善作为一种私人利他行为的概念——一旦我们追踪补贴和资助它的公共资金,这个概念就会立即变得空洞——而是将慈善重新定义为一种义务。因此,捐助者不能自由地作出任何旧的选择,而是必须满足要求;接受捐赠的人不是从属于他们,而是平等地接受他们应得的。即使是慈善的语言从慷慨和礼物转变为义务和权利,也是意义深远的。想象可能随之而来的物质变革,包括对经济再分配的严肃承诺,令人振奋,因为减轻贫困无疑是伊林沃思所设想的人权工作的核心。归根结底,过于重视人权的问题不仅是一个历史和社会学问题——今天的正确可能是明天的错误;不同的人对这些权利的理解是不同的,这也是人类的权利。在伊林沃思框架的最极端的一端是一种反乌托邦的可能性,即不是人民决定权利,而是权利决定人民。当她注意到有时民主选举产生的政府并没有采取最好的措施来促进人权时,她也悄悄地说了同样的话,气候变化政策就是一个很好的例子。因此,当选民和政府失败时,我们仍然有义务让人权发挥主导作用。如果我不得不选择独裁,这当然比其他的要好,但在我看来,缺乏人类同意的人权仍然是危险的。最后,尽管我对伊林沃思的首要原则的非历史性和毫无根据的确定性感到担忧,但她的书的价值在于它对学科的诚实。她说,这是思考我们存在的一个大问题的一种方式,即财富被不当使用,即使是在做慈善的时候。她没有转身离开,而是勇敢地走进困境,挑战我们不要放弃,而是要努力做得更好。有别的选择吗?
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引用次数: 0
Giving Now: Accelerating Human Rights for All by Patricia Illingworth (review) 《现在就给予:加速人人享有人权》帕特里夏·伊林沃思著(书评)
IF 1 3区 社会学 Q3 POLITICAL SCIENCE Pub Date : 2023-07-31 DOI: 10.1353/hrq.2023.a903338
L. Berman
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引用次数: 0
Much Ado about Something: Re-thinking the Right to Development 小题大做:重新思考发展权
IF 1 3区 社会学 Q3 POLITICAL SCIENCE Pub Date : 2023-07-31 DOI: 10.1353/hrq.2023.a903335
N. Udombana
ABSTRACT:This article revisits the right to development (R2D) paradigm. It conceptualizes development using a rights-based model, noting the failure of the conventional paradigm that focuses one-sidedly on economic growth. It interrogates the dialectics on the existence of a R2D, with its correlative duty-bearers, under particular international law, with rigorous analysis of some global instruments. The article also interrogates the related concept of international cooperation under the UN Charter and other primary legal instruments. It notes the modest strides in the long advocacy for the recognition of a R2D but suggests a shift in the current paradigm in recognition of the multidimensional realities in the international landscape.
摘要:本文回顾了发展权(R2D)范式。它使用基于权利的模式对发展进行概念化,指出了片面关注经济增长的传统范式的失败。它通过对一些全球文书的严格分析,对R2D的存在及其相关责任承受者的辩证法进行了质疑。文章还对《联合国宪章》和其他主要法律文书下国际合作的相关概念进行了探讨。它注意到在长期倡导承认R2D方面取得的缓慢进展,但建议改变目前的模式,以认识到国际格局中的多维现实。
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引用次数: 0
Contributors 贡献者
3区 社会学 Q3 POLITICAL SCIENCE Pub Date : 2023-05-01 DOI: 10.1353/hrq.2023.0023
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引用次数: 0
Taking Class Seriously 认真上课
IF 1 3区 社会学 Q3 POLITICAL SCIENCE Pub Date : 2023-04-27 DOI: 10.1353/hrq.2023.0013
A. Fagan
ABSTRACT:This article critically analyzes the human rights perspective upon what has emerged as one of the most significant socioeconomic and political challenges confronting many millions of people residing within high-income, liberal-democratic societies: rising poverty and socioeconomic inequality. This article argues that international and domestic human rights law and the social and political imaginaries of the wider human rights community largely fail to adequately diagnose and effectively respond to poverty and inequality within high-income, liberal-democratic societies. As a political and ethical doctrine founded upon a normative commitment to social justice, human rights should be taking the lead in efforts to condemn, understand, and develop responses to the poverty and inequality which blight the lives of many millions of people within many of the world’s most affluent and, allegedly, most “liberal” societies. Human rights law has historically not done so. We, as a community, have not done so. This article offers a specific explanation for this continuing failure, by focusing upon the absence of any concerted recognition of or engagement with social class as it contributes to and compounds our exposure to poverty and inequality. Human rights remain largely blind to the many ways in which social class is intricately connected to poverty and inequality. The human rights community within high-income, liberal-democratic societies characteristically fails to take class seriously. Building upon previous writing in this area, this article explains why class is rarely recognized or engaged with by the human rights community. This article also sets out the basis for how we might begin the task of overcoming this highly damaging class blindness, to set the stage for what the author asserts as an urgent need if human rights is to provide the kind of political and ethical leadership required to effectively engage with poverty and inequality in affluent societies: the degentrification of human rights.
摘要:这篇文章批判性地分析了人权视角,因为生活在高收入、自由民主社会中的数百万人面临着最重大的社会经济和政治挑战之一:贫困加剧和社会经济不平等。这篇文章认为,国际和国内人权法以及广大人权界的社会和政治想象在很大程度上未能充分诊断和有效应对高收入自由民主社会中的贫困和不平等问题。作为一种建立在对社会正义的规范承诺基础上的政治和伦理学说,人权应该带头谴责、理解和制定应对贫困和不平等的措施,这些贫困和不公平损害了世界上许多最富裕、据称也是最“自由”的社会中数百万人的生活。人权法在历史上从未这样做过。作为一个社区,我们也没有这样做。这篇文章对这种持续的失败提供了具体的解释,重点关注社会阶层没有得到任何一致的承认或参与,因为它助长并加剧了我们面临的贫困和不平等。人权在很大程度上仍然忽视了社会阶层与贫困和不平等之间错综复杂的联系。高收入、自由民主社会中的人权团体典型地没有认真对待阶级。在这一领域以往文章的基础上,本文解释了为什么人权界很少承认或参与阶级。这篇文章还阐述了我们如何开始克服这种极具破坏性的阶级盲目性的任务的基础,为作者所说的迫切需要奠定了基础,如果人权要提供有效应对富裕社会贫困和不平等所需的政治和道德领导:人权的去中心化。
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引用次数: 0
期刊
Human Rights Quarterly
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