ABSTRACT:Milestone anniversaries noting the creation of treaties, documents and bodies have become a common part of international human rights law. While much scholarship has been stimulated by such anniversaries, little has considered anniversary noting as an activity in its own right. The present article addresses this. Examining United Nations and scholarly materials on selected anniversaries from the mid-twentieth century to the present, it does so by thinking about time. Analysis of these materials reveals that international human rights anniversary work is characterized by an active relationship to time, rather than marking calendar time alone. This analysis stimulates a more reflective apprehension of anniversary noting as an important yet under-considered activity in this area of law and, in turn, enhances understandings of international human rights law and its operation.
{"title":"Milestone Anniversaries: Marking Time in International Human Rights Law","authors":"Kathryn McNeilly","doi":"10.1353/hrq.2023.0004","DOIUrl":"https://doi.org/10.1353/hrq.2023.0004","url":null,"abstract":"ABSTRACT:Milestone anniversaries noting the creation of treaties, documents and bodies have become a common part of international human rights law. While much scholarship has been stimulated by such anniversaries, little has considered anniversary noting as an activity in its own right. The present article addresses this. Examining United Nations and scholarly materials on selected anniversaries from the mid-twentieth century to the present, it does so by thinking about time. Analysis of these materials reveals that international human rights anniversary work is characterized by an active relationship to time, rather than marking calendar time alone. This analysis stimulates a more reflective apprehension of anniversary noting as an important yet under-considered activity in this area of law and, in turn, enhances understandings of international human rights law and its operation.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"45 1","pages":"109 - 133"},"PeriodicalIF":1.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48955366","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Contributors","authors":"","doi":"10.1353/hrq.2023.0009","DOIUrl":"https://doi.org/10.1353/hrq.2023.0009","url":null,"abstract":"","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136296868","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ABSTRACT:The Trump administration puzzlingly made human rights instrumental to US policy toward China even though human rights were not promoted across the board and many in the government exhibited strong authoritarian tendencies. Normalizing much of Trump’s China policy, President Biden has framed contest with China as a defining fight between authoritarianism and democracy. Current high tensions between the two nations cannot be understood without a nuanced understanding of the human rights dimension. US-China relations are constituted socially, and human rights are a big part of that process although its relative importance varies over time and issues. The Trump administration’s success shows that cynical policy entrepreneurs may counterintuitively contribute to social construction of human rights norms by joining hands with norm believers to form a movement to redirect a bilateral relationship.
{"title":"The Trump Administration’s Human Rights Pressure Campaign on China: How Cynics, Norms, and Social Construction Transformed US-China Relations","authors":"Joshua Stone, M. Wan","doi":"10.1353/hrq.2022.0044","DOIUrl":"https://doi.org/10.1353/hrq.2022.0044","url":null,"abstract":"ABSTRACT:The Trump administration puzzlingly made human rights instrumental to US policy toward China even though human rights were not promoted across the board and many in the government exhibited strong authoritarian tendencies. Normalizing much of Trump’s China policy, President Biden has framed contest with China as a defining fight between authoritarianism and democracy. Current high tensions between the two nations cannot be understood without a nuanced understanding of the human rights dimension. US-China relations are constituted socially, and human rights are a big part of that process although its relative importance varies over time and issues. The Trump administration’s success shows that cynical policy entrepreneurs may counterintuitively contribute to social construction of human rights norms by joining hands with norm believers to form a movement to redirect a bilateral relationship.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"44 1","pages":"740 - 758"},"PeriodicalIF":1.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43145016","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
ABSTRACT:The story of Cain and Abel, connected to enforced disappearances and the dictatorship has been used in Argentina by different stakeholders, many times for opposite purposes and with completely antithetical meanings. The Cain and Abel story is as complex as the story of enforced disappearances. Unpacking enforced disappearances while considering the biblical story allows for fresh readings of the binary approach to victims and perpetrators, challenges the conception of bystanders, and questions the traditional understanding of accountability limited to criminal responses. It also allows for thinking critically about memory, the effectiveness of the international response to enforced disappearances, and the inter-generational effect of disappearances.
{"title":"Rereading Cain and Abel: New Approaches to Enforced Disappearances","authors":"Ariel Dulitzky","doi":"10.1353/hrq.2022.0042","DOIUrl":"https://doi.org/10.1353/hrq.2022.0042","url":null,"abstract":"ABSTRACT:The story of Cain and Abel, connected to enforced disappearances and the dictatorship has been used in Argentina by different stakeholders, many times for opposite purposes and with completely antithetical meanings. The Cain and Abel story is as complex as the story of enforced disappearances. Unpacking enforced disappearances while considering the biblical story allows for fresh readings of the binary approach to victims and perpetrators, challenges the conception of bystanders, and questions the traditional understanding of accountability limited to criminal responses. It also allows for thinking critically about memory, the effectiveness of the international response to enforced disappearances, and the inter-generational effect of disappearances.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"44 1","pages":"659 - 703"},"PeriodicalIF":1.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48575024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
be cognitively regarded, as Smith argues, as human and subhuman simultaneously. As Smith’s work further makes clear, everyone has the potential to slip into this mindset—tackling dehumanization therefore means confronting this head on, in its full implications—that is to say, in the full knowledge that anyone is capable of committing atrocities towards another human being while still viewing that person as fully human (as well as subhuman). This is perhaps a horrendous thought to contemplate, but a necessary one, if dehumanization is to be challenged in any meaningful way.
{"title":"Untouchable Perpetrators, Forgotten Rights, Transitional Justice, Corporate Accountability and Socio-Economic Rights Lessons from Argentina by Laura García Martín (review)","authors":"Rosario Figari Layús","doi":"10.1353/hrq.2022.0050","DOIUrl":"https://doi.org/10.1353/hrq.2022.0050","url":null,"abstract":"be cognitively regarded, as Smith argues, as human and subhuman simultaneously. As Smith’s work further makes clear, everyone has the potential to slip into this mindset—tackling dehumanization therefore means confronting this head on, in its full implications—that is to say, in the full knowledge that anyone is capable of committing atrocities towards another human being while still viewing that person as fully human (as well as subhuman). This is perhaps a horrendous thought to contemplate, but a necessary one, if dehumanization is to be challenged in any meaningful way.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"44 1","pages":"853 - 858"},"PeriodicalIF":1.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46546083","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
O. Nnamuchi, J. Ezeilo, U. Obuka, Maria Ilodigwe, Chris A. Ike, C. Obi-Ochiabutor
ABSTRACT:Even before the enactment of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act in 2003 (the first legal regime in Nigeria to prohibit and punish all forms of human trafficking), and its subsequent amendment in 2015, the number of women and children being trafficked from Nigeria had steadily been on the upswing. Strikingly, although civil society organizations continue to sprout across the length and breadth of the country, many of them dedicated to partnering with the government on its war against the menace posed by trafficking, the situation on the ground remains grimly unchanged. More women wind up being trafficked each year than the previous one, even as the brazenness and callousness of the traffickers assume a new, more intensely ferocious dimension. This is an unwholesome situation, considering that Nigeria is the “trafficking capital” of Africa, and raises several questions, three of which are profoundly critical. Why have strategies adopted to combat women trafficking failed? What can be done to reverse the situation? Is there any specific role for human rights in the process? Responding to these questions is the burden of this article.
{"title":"The Trafficking of Women in Nigeria: Is There a Role for Human Rights?","authors":"O. Nnamuchi, J. Ezeilo, U. Obuka, Maria Ilodigwe, Chris A. Ike, C. Obi-Ochiabutor","doi":"10.1353/hrq.2022.0047","DOIUrl":"https://doi.org/10.1353/hrq.2022.0047","url":null,"abstract":"ABSTRACT:Even before the enactment of the Trafficking in Persons (Prohibition) Law Enforcement and Administration Act in 2003 (the first legal regime in Nigeria to prohibit and punish all forms of human trafficking), and its subsequent amendment in 2015, the number of women and children being trafficked from Nigeria had steadily been on the upswing. Strikingly, although civil society organizations continue to sprout across the length and breadth of the country, many of them dedicated to partnering with the government on its war against the menace posed by trafficking, the situation on the ground remains grimly unchanged. More women wind up being trafficked each year than the previous one, even as the brazenness and callousness of the traffickers assume a new, more intensely ferocious dimension. This is an unwholesome situation, considering that Nigeria is the “trafficking capital” of Africa, and raises several questions, three of which are profoundly critical. Why have strategies adopted to combat women trafficking failed? What can be done to reverse the situation? Is there any specific role for human rights in the process? Responding to these questions is the burden of this article.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"44 1","pages":"806 - 838"},"PeriodicalIF":1.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48546237","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Freedom’s Banner: How Peaceful Demonstrations Have Changed The World by Paul Harris (review)","authors":"Victoria Tin-bor Hui","doi":"10.1353/hrq.2022.0041","DOIUrl":"https://doi.org/10.1353/hrq.2022.0041","url":null,"abstract":"","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"44 1","pages":"868 - 876"},"PeriodicalIF":1.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47174162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Making Sense of Affirmative Action by Kasper Lippert-Rasmussen (review)","authors":"Arpita Sarkar, Pok Yin S. Chow","doi":"10.1353/hrq.2022.0038","DOIUrl":"https://doi.org/10.1353/hrq.2022.0038","url":null,"abstract":"","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"44 1","pages":"858 - 860"},"PeriodicalIF":1.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46435746","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Barsky places Ariel Dorfman’s Death and the Maiden in conversation with Lolita. He invites the reader to consider both the impossibility and the possibility of redemption, of living in the same country with, in Dorfman’s terms, “the most despicable villains.”5 The connection works brilliantly and is as strong an argument as one could make for the usefulness of the enterprise of investigating the experience of refugees through the lens of literature. Throughout the book, Barsky connects the vulnerability of the characters in the literary texts to the vulnerability of refugees and invites consideration of universal human rights. As he points out, many authors of the volumes he examines were quite familiar with migration and border crossing, whether because they lived in places and periods of migration or because they were themselves travelers. As noted earlier Barsky takes care to position the works within the politics of the time in which they were written. We might ask: are these literary works read through the lens of the refugees’ experiences or are the refugees’ experiences read through the lens of the literature? Barsky argues that the lenses are not singular. In bringing together the literary accounts, the legal discourses, information from news media, and examples of migration memoirs, Barsky offers multiple perspectives and at the same time sustains his primary goal of understanding the complexity of refugees fleeing danger, taking risks, entering inhospitable territories, and seeking legal protection.
{"title":"Making Monsters: The Uncanny Power of Dehumanization by David Livingstone Smith (review)","authors":"Linda Roland Danil","doi":"10.1353/hrq.2022.0037","DOIUrl":"https://doi.org/10.1353/hrq.2022.0037","url":null,"abstract":"Barsky places Ariel Dorfman’s Death and the Maiden in conversation with Lolita. He invites the reader to consider both the impossibility and the possibility of redemption, of living in the same country with, in Dorfman’s terms, “the most despicable villains.”5 The connection works brilliantly and is as strong an argument as one could make for the usefulness of the enterprise of investigating the experience of refugees through the lens of literature. Throughout the book, Barsky connects the vulnerability of the characters in the literary texts to the vulnerability of refugees and invites consideration of universal human rights. As he points out, many authors of the volumes he examines were quite familiar with migration and border crossing, whether because they lived in places and periods of migration or because they were themselves travelers. As noted earlier Barsky takes care to position the works within the politics of the time in which they were written. We might ask: are these literary works read through the lens of the refugees’ experiences or are the refugees’ experiences read through the lens of the literature? Barsky argues that the lenses are not singular. In bringing together the literary accounts, the legal discourses, information from news media, and examples of migration memoirs, Barsky offers multiple perspectives and at the same time sustains his primary goal of understanding the complexity of refugees fleeing danger, taking risks, entering inhospitable territories, and seeking legal protection.","PeriodicalId":47589,"journal":{"name":"Human Rights Quarterly","volume":"44 1","pages":"848 - 853"},"PeriodicalIF":1.0,"publicationDate":"2022-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47138535","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":3,"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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