Pub Date : 2023-12-11DOI: 10.1080/13642987.2023.2291079
Shaimaa Abdelkarim
The paper examines the capacity to act in counter-hegemonic human rights approaches. It concerns non-liberal subjectivities like the incarcerated person that are inconceivable in their action and a...
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Pub Date : 2023-12-06DOI: 10.1080/13642987.2023.2288825
Genís Galceran, Juan Carlos Palacios
The main purpose of this research is to identify the determinants that intervene in the transitional justice choices made in general, and those made in the Spanish case in particular. The construct...
本研究的主要目的是确定干预过渡时期司法选择的决定因素，特别是西班牙案例中的决定因素。构建……
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Pub Date : 2023-11-23DOI: 10.1080/13642987.2023.2283514
Md. Intekhab Hossain
Globally, there are certain tendencies in a significant number of regimes today that indicate a shift away from liberal democracy, the rule of law, equality, and justice. This threatens internation...
{"title":"Resurgent totalitarianism, charismatic dictatorship, and the rise of socio-political extremism in the age of globalisation and multiculturalism: an escalating human rights crisis","authors":"Md. Intekhab Hossain","doi":"10.1080/13642987.2023.2283514","DOIUrl":"https://doi.org/10.1080/13642987.2023.2283514","url":null,"abstract":"Globally, there are certain tendencies in a significant number of regimes today that indicate a shift away from liberal democracy, the rule of law, equality, and justice. This threatens internation...","PeriodicalId":501253,"journal":{"name":"The International Journal of Human Rights","volume":"13 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138524592","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-21DOI: 10.1080/13642987.2023.2283533
Taylor Borowetz
The articulation of a universal right to freedom from enslavement in the 1801 Constitution of Saint-Domingue [which would become Haiti] points both to the potential of the law to depict ambitious i...
{"title":"After property? The Haitian Revolution, racial capitalism, and the foundation for a universal right to freedom from enslavement","authors":"Taylor Borowetz","doi":"10.1080/13642987.2023.2283533","DOIUrl":"https://doi.org/10.1080/13642987.2023.2283533","url":null,"abstract":"The articulation of a universal right to freedom from enslavement in the 1801 Constitution of Saint-Domingue [which would become Haiti] points both to the potential of the law to depict ambitious i...","PeriodicalId":501253,"journal":{"name":"The International Journal of Human Rights","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138524574","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-11-21DOI: 10.1080/13642987.2023.2259811
Lola Frost
How does the work of art mediate the recognitions we give one another in a rights-based order when that order cannot guarantee the rights it promises? What does an account of the open-ended, norm-m...
{"title":"The work of art, beside and beyond rights","authors":"Lola Frost","doi":"10.1080/13642987.2023.2259811","DOIUrl":"https://doi.org/10.1080/13642987.2023.2259811","url":null,"abstract":"How does the work of art mediate the recognitions we give one another in a rights-based order when that order cannot guarantee the rights it promises? What does an account of the open-ended, norm-m...","PeriodicalId":501253,"journal":{"name":"The International Journal of Human Rights","volume":"11 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138524572","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-10-21DOI: 10.1080/13642987.2022.2061954
Paige, Omima, Brodie, Katie Reid, Christina McMellon, Mary Ann Powell
ABSTRACT Created with twelve Members of Children’s Parliament aged 8–14 across Scotland, The Corona Times Journal was established in March 2020 as Scotland entered a national lockdown in response to the global COVID-19 pandemic. The children were supported to reflect on their experiences of the pandemic in response to themed journal prompts around life at home, health and wellbeing, education and learning, news and information, and the return to schooling. The children’s views captured in The Corona Times Journal significantly informed the Independent Child Rights Impact Assessment (CRIA) carried out by the Observatory for Children's Human Rights on behalf of the Children and Young People’s Commissioner in Scotland on the impact of COVID-19 measures on children’s human rights. This article brings three of the Corona Times journalists together with academics involved in carrying out the Independent CRIA to reflect on the children’s experiences of contributing to The Corona Times Journal and, in turn, playing a key role in informing the development of the Independent CRIA and national decision-making processes. It explores the importance of children’s participation in decision-making during times of crisis when human rights are at most risk of being compromised.
摘要 2020 年 3 月，当苏格兰为应对全球 COVID-19 大流行而进入全国封锁状态时，《科罗娜时代期刊》与苏格兰各地 12 名 8-14 岁的儿童议会成员共同创建。孩子们根据围绕家庭生活、健康和幸福、教育和学习、新闻和信息以及重返校园等主题的日志提示，反思他们在大流行病中的经历。Corona Times 日志》中记录的儿童观点为儿童人权观察站（Observatory for Children's Human Rights）代表苏格兰儿童和青少年事务专员（Children and Young People's Commissioner in Scotland）就 COVID-19 措施对儿童人权的影响所开展的独立儿童权利影响评估（CRIA）提供了重要信息。这篇文章将《科罗娜时报》的三位记者和参与独立 CRIA 的学者聚集在一起，反思儿童为《科罗娜时报》撰稿的经历，以及反过来在为制定独立 CRIA 和国家决策过程提供信息方面发挥的关键作用。本报告探讨了儿童在人权最有可能受到损害的危机时期参与决策的重要性。
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Pub Date : 2023-07-13DOI: 10.1080/13642987.2023.2234298
Andrew Mazibrada, Monika Plozza, Sebastian Porsdam Mann
ABSTRACT
Science permeates almost every aspect of society, yet the human right to science remains neglected. In 2020, the Committee on Economic, Social and Cultural Rights published its General Comment No. 25, intended to interpret the abstract provisions of Article 15 ICESCR. As a non-binding treaty body pronouncement, the General Comment’s reception and impact depend on its normative legitimacy – the extent to which its reasoning is coherent, determinative, transparent, systemically consistent, and adheres to international law methodologies, particularly those set out in the 1969 Vienna Convention on the Law of Treaties. This article evaluates the General Comment’s normative legitimacy and practical value by reference to three key interpretations in Article 15: ‘science’, ‘enjoy the benefits’, and ‘participation’. The General Comment, it concludes, does not represent a comprehensive interpretation, but should be seen as opening a door to state practice and, therefore, more detailed interpretation by the Committee, States parties, and domestic and international courts. Despite purporting to innovate, the Committee’s approach generally builds on pre-existing conceptualisations, further increasing its normative legitimacy. The article concludes that the future impact of the right to science can be greatly enhanced by increased attention by the Committee and by States parties.
{"title":"Innovating in uncharted terrain: on interpretation and normative legitimacy in the CESCR’s General Comment No. 25 on the right to science","authors":"Andrew Mazibrada, Monika Plozza, Sebastian Porsdam Mann","doi":"10.1080/13642987.2023.2234298","DOIUrl":"https://doi.org/10.1080/13642987.2023.2234298","url":null,"abstract":"<p><b>ABSTRACT</b></p><p>Science permeates almost every aspect of society, yet the human right to science remains neglected. In 2020, the Committee on Economic, Social and Cultural Rights published its General Comment No. 25, intended to interpret the abstract provisions of Article 15 ICESCR. As a non-binding treaty body pronouncement, the General Comment’s reception and impact depend on its normative legitimacy – the extent to which its reasoning is coherent, determinative, transparent, systemically consistent, and adheres to international law methodologies, particularly those set out in the 1969 Vienna Convention on the Law of Treaties. This article evaluates the General Comment’s normative legitimacy and practical value by reference to three key interpretations in Article 15: ‘science’, ‘enjoy the benefits’, and ‘participation’. The General Comment, it concludes, does not represent a comprehensive interpretation, but should be seen as opening a door to state practice and, therefore, more detailed interpretation by the Committee, States parties, and domestic and international courts. Despite purporting to innovate, the Committee’s approach generally builds on pre-existing conceptualisations, further increasing its normative legitimacy. The article concludes that the future impact of the right to science can be greatly enhanced by increased attention by the Committee and by States parties.</p>","PeriodicalId":501253,"journal":{"name":"The International Journal of Human Rights","volume":"49 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138521660","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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