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“It’s like living in a black hole”: Reevaluating the use of solitary confinement during COVID-19 “这就像生活在黑洞里”:重新评估新冠肺炎期间单独监禁的使用
IF 1.9 2区 社会学 Q3 INTERNATIONAL RELATIONS Pub Date : 2023-07-13 DOI: 10.1080/14754835.2023.2227204
Krystal Batelaan
Abstract COVID-19 has been unprecedented in many ways, including the drastic changes to the activities and behaviors that shape our everyday lives, particularly the practice of physical distancing and self-isolation. Moreover, the pandemic has highlighted the damaging effects of going “stir crazy,” loneliness, and the restrictions on people’s civil liberties, as demonstrated by the impact that self-isolation is having on people’s mental health and well-being. However, the science behind self-isolation and quarantine is designed to prevent the spread of disease and to save lives. Meanwhile, prisoners and prisoner’s rights advocates have long been arguing that the curtailment of civil liberties in prisons, especially the use of solitary confinement, is a human rights violation and is intentionally designed to be punitive and proven to have devastating effects on one’s mental (and physiological) health. Therefore, the COVID-19 pandemic has helped to highlight the need to revisit the practice of solitary confinement in prisons. In this article, by using Orlando Patterson’s theory on social death, I will examine the practice of solitary confinement, and the detrimental impact it has on one’s health amid this “new normal.”
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引用次数: 0
Human rights, human goods, universality, and colonialism 人权、人类财产、普遍性和殖民主义
IF 1.9 2区 社会学 Q3 INTERNATIONAL RELATIONS Pub Date : 2023-07-07 DOI: 10.1080/14754835.2023.2227206
Rhoda E. Howard-hassmann
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引用次数: 0
Digital feminism: In the aftermath of #MeToo, what’s next for workplace equity for women? 数字女权主义:在#MeToo之后,女性工作场所公平的下一步是什么?
IF 1.9 2区 社会学 Q3 INTERNATIONAL RELATIONS Pub Date : 2023-05-12 DOI: 10.1080/14754835.2023.2199025
Sharon Jayoung Song
Abstract This article seeks to analyze the aftereffects of the #MeToo movement to measure the efficacy of digital feminism. Perhaps the most recognizable outcome of the #MeToo movement is forcing a once-taboo subject of workplace sexual harassment into the limelight. The digital phenomenon prompted federal and state courts across the United States to navigate a seemingly new terrain of contributing to broader institutional change in reducing sexism. Yet, four years after the two-word hashtag ricocheted through social media, one pressing question remains: Did the benefits of the #MeToo movement produce changes for female workers in the United States most vulnerable to facing gender-based violence or harassment in the workplace? The study first identifies the factors that often put women at greater risk of sexual harassment in the workplace and determines women in authority and low-wage workers as victims who may be more frequent targets. The article explores the question of gender violence and a lack of access to economic rights as being two sides of the same coin. The research then surveys how governments—in the post-#MeToo era—have attempted to improve gender equality through legal obligations, and whether their attempts were effective in targeting the correct groups.
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引用次数: 0
The dictator’s dilemma: Why communist regimes oppress their citizens while military regimes torture and kill 独裁者的困境:为什么共产主义政权压迫他们的公民,而军事政权折磨和杀戮
IF 1.9 2区 社会学 Q3 INTERNATIONAL RELATIONS Pub Date : 2023-05-01 DOI: 10.1080/14754835.2023.2190747
J. Alemán
Abstract What makes some authoritarian regimes more willing to employ extrajudicial violence (torture and killings), as opposed to more conventional forms of repression (restrictions on speech and association)? A voluminous literature addresses the causes and dynamics of state repression. Whereas large-N studies explain repressive activities as proportional responses to the challenges governments face, historical work reveals instances of disproportionate repression. This literature, moreover, is inconclusive regarding the effects of communist and military regimes on violations of physical integrity rights. Another shortcoming of current work is that different types of repression are modeled separately. I distinguish between oppression (restrictions on speech), repression (the use of beatings, arrests, and trials to restrain the rights of assembly and association), and state terrorism (when governments intimidate political opponents using extrajudicial violence). I examine the relationships among them in a multivariate regression framework from 1952 to 2010. My analysis reveals that communist dictatorships repress the freedoms of expression, travel, and association, whereas military dictatorships engage in extrajudicial violence. My study contributes to the literature by providing an institutional account of why tactics of repression differ between these two political systems, and by considering the effects of temporal lags, endogeneity, and diffusion processes on state repression.
摘要是什么让一些独裁政权更愿意使用法外暴力(酷刑和杀戮),而不是更传统的镇压形式(限制言论和结社)?大量文献论述了国家镇压的原因和动态。尽管大N研究将镇压活动解释为对政府面临的挑战的比例反应,但历史研究揭示了过度镇压的例子。此外,关于共产主义和军事政权对侵犯人身完整权的影响,这些文献没有定论。当前工作的另一个缺点是,不同类型的镇压被单独建模。我区分压迫(限制言论)、镇压(使用殴打、逮捕和审判来限制集会和结社的权利)和国家恐怖主义(政府使用法外暴力恐吓政治对手)。我在1952年至2010年的多元回归框架中研究了它们之间的关系。我的分析表明,共产主义独裁政权压制言论、旅行和结社自由,而军事独裁政权则从事法外暴力。我的研究为文献做出了贡献,它从制度上解释了为什么这两种政治制度之间的镇压策略不同,并考虑了时间滞后、内生性和扩散过程对国家镇压的影响。
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引用次数: 0
A fox in the henhouse: China, normative change, and the UN Human Rights Council 鸡窝里的狐狸:中国、规范变革和联合国人权理事会
IF 1.9 2区 社会学 Q3 INTERNATIONAL RELATIONS Pub Date : 2023-04-24 DOI: 10.1080/14754835.2023.2193971
Alexander Dukalskis
Abstract Decades of social science research on human rights has mapped the conditions under which states sign and ratify treaties, abide by their conditions, and promote or criticize human rights in other states. Some norms contained in the core human rights treaties, particularly civil and political rights, are seen by authoritarian states as politically threatening. Autocracies can reshape human rights through international institutions and seek to change their content over time. This article investigates China’s engagement in the UN Human Rights Council, focusing on both the content and practices of the People’s Republic of China’s approach. In terms of content, it examines China’s voting record to determine the issues it prioritizes. In terms of practices, it identifies four modes of pursuing normative change: mobilizing like-mindedness, implied coercion, tactical deception, and repression of critical voices. These modes capture a range of activity in and around multilateral institutions, some of which usually does not draw scholarly attention in studies of normative change. The findings provide insights into the future of human rights norms in the United Nations and beyond.
几十年来对人权的社会科学研究描绘了各国签署和批准条约、遵守条约条件以及促进或批评其他国家人权的条件。核心人权条约中包含的一些规范,特别是公民权利和政治权利,被威权国家视为具有政治威胁性。独裁政权可以通过国际机构重塑人权,并寻求随着时间的推移改变其内容。本文调查了中国参与联合国人权理事会的情况,重点介绍了中华人民共和国参与人权理事会的内容和做法。在内容方面,它审查了中国的投票记录,以确定其优先考虑的问题。在实践方面,它确定了追求规范变革的四种模式:动员式思维、隐含的胁迫、战术欺骗和压制批评声音。这些模式涵盖了多边机构内部和周围的一系列活动,其中一些在研究规范变化时通常不会引起学术界的注意。研究结果为联合国及其他机构人权规范的未来提供了见解。
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引用次数: 2
“Adding fuel to the fire”: Unconditional early release of perpetrators convicted by the ICTY, views from Bosnia and Herzegovina “火上浇油”:无条件提前释放前南问题国际法庭定罪的犯罪者,波斯尼亚和黑塞哥维那的观点
IF 1.9 2区 社会学 Q3 INTERNATIONAL RELATIONS Pub Date : 2023-02-23 DOI: 10.1080/14754835.2023.2173003
Priyamvada Yarnell
Abstract Despite being found guilty of atrocity crimes, 54 of the 90 perpetrators sentenced by the International Criminal Tribunal for the former Yugoslavia (ICTY) were granted unconditional early release (UER) between 1998 and 2018. As such, they were free to return, often to be greeted as heroes by welcoming crowds. Some high-profile figures rejected the ICTY’s verdict, such as Biljana Plavšić, asserting that she had done “nothing wrong.” This article sets out how the Tribunal thwarted an expressive value it had purported to achieve through trying and sentencing some of the most egregious crimes known to humankind when they granted UER. This expressive value was an authoritative stigmatization of the perpetrators and their crimes. This perceived destigmatization had, in turn, the capacity to be manipulated by political elites, in an ethnically divided, postconflict society, to challenge the historical record of the atrocities in the former Yugoslavia between 1991 and 2001. This article analyzes the societal ramifications of UER, as it examines local reactions to UER that emerged from 51 interviews conducted in Bosnia and Herzegovina (BiH). In January 2019, this practice changed and conditions were attached to early release. Nevertheless, the negative repercussions caused by UER over 18 years provide an important lesson for other ICTs.
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引用次数: 0
#ForeignersMustGo versus “in favorem libertatis”: Human rights violations and procedural irregularities in South African immigration detention law #ForeignersMustGo vs . in favor libertatis:南非移民拘留法中侵犯人权和程序违规
IF 1.9 2区 社会学 Q3 INTERNATIONAL RELATIONS Pub Date : 2023-02-15 DOI: 10.1080/14754835.2023.2170709
M. Van Hout, J. Wessels
Abstract In 2021, an estimated 3.95 million foreign nationals resided in South Africa, with no data available on numbers of displaced persons or undocumented migrants residing without legal or valid immigration status. Surveillance data on immigration detention are scant. We present a socio-legal account of the historical evolution of South African immigration detention regulation in post-apartheid timeframes, with a view to providing a legal realist assessment of the socio- and politico-legal dimensions pertinent to human rights assurances of immigration detainees in South Africa. The realist focus is on scrutinizing South Africa’s progress in upholding the rights of immigration detainees and illustrating the contemporary complexities in ensuring due process in the (co)application of the Immigration Act (and Refugees Act) explicitly regarding immigration detention processes and practices. We present the applicable international and regional African human rights treaties, domestic regulations, and relevant jurisprudence to the rights of immigration detainees in South Africa. The generated realist narrative is cognizant of the contextual forces of migration into South Africa, securitization agendas, and violations of basic human rights and due process, and illustrates various gaps in the application of domestic laws, policies, and standards of care regarding immigration detention when evaluated against the rule of law.
2021年,估计有395万外国人居住在南非,但没有关于无合法或有效移民身份的流离失所者或无证移民人数的数据。有关移民拘留的监控数据很少。我们提出了南非移民拘留条例在后种族隔离时期的历史演变的社会法律说明,以期对南非移民被拘留者的人权保证相关的社会和政治法律方面提供法律现实主义评估。现实主义的重点是审查南非在维护被拘留移民权利方面取得的进展,并说明在(共同)适用《移民法》(和《难民法》)明确涉及移民拘留程序和做法方面确保正当程序的当代复杂性。我们介绍了适用于南非移民被拘留者权利的国际和区域非洲人权条约、国内法规和相关判例。由此产生的现实主义叙事认识到移民进入南非的背景力量、证券化议程以及对基本人权和正当程序的侵犯,并说明了在与法治进行评估时,国内法律、政策和有关移民拘留的护理标准的应用中的各种差距。
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引用次数: 0
On conceptions of time in human rights studies: The afterlife, Islam, and reparative justice in post-uprising Tunisia 人权研究中的时间概念:突尼斯起义后的来世、伊斯兰教和补偿性正义
IF 1.9 2区 社会学 Q3 INTERNATIONAL RELATIONS Pub Date : 2023-02-13 DOI: 10.1080/14754835.2023.2170708
Douaa Sheet
Abstract This article argues that conceptions of time are undertheorized in human rights studies and that such conceptions have a significant impact on how people participate in systems of justice. Within the context of the transitional justice process launched in Tunisia in the aftermath of the 2011 Arab Spring—a context deeply shaped by an Islamist/secular divide—I examine how competing notions of time led to opposing modes of participation in reparative justice. Specifically, I analyze the Islamic principle thawāb (reward in the afterlife for suffering experienced on earth) as a theological notion of time and show how it structured Islamist victims’ participation in reparations measures. Observing that critiques of reparative justice have developed through a strictly secular notion of time, this article foregrounds Islamic concepts that are still underrepresented in such studies, particularly Islamic notions of time and the afterlife. I argue that thawāb contests the universalism of the secular, linear notion of past-present-future dominant in human rights and transitional justice studies.
摘要本文认为,在人权研究中,时间概念被低估了,这种概念对人们如何参与司法系统有着重大影响。在2011年阿拉伯之春后突尼斯启动的过渡司法进程的背景下——这一背景深受伊斯兰/世俗分歧的影响——我研究了相互竞争的时间观念是如何导致参与补救性司法的对立模式的。具体而言,我将伊斯兰原则“解冻”(对在地球上经历的痛苦的死后奖励)作为一种神学的时间概念进行了分析,并展示了它是如何构建伊斯兰受害者参与赔偿措施的。鉴于对修复性正义的批评是通过一种严格的世俗时间观发展起来的,本文强调了在此类研究中仍然代表性不足的伊斯兰概念,特别是伊斯兰的时间和来生概念。我认为,thawāb与人权和过渡司法研究中占主导地位的世俗、线性的过去-现在-未来概念的普世主义相抗衡。
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引用次数: 1
Researching under constraints: Recent books on post-genocide Rwanda 约束下的研究:关于种族灭绝后卢旺达的最新书籍
IF 1.9 2区 社会学 Q3 INTERNATIONAL RELATIONS Pub Date : 2023-02-10 DOI: 10.1080/14754835.2023.2173002
Timothy Longman
Abstract Rwanda has been a focus of substantial scholarly attention, but recent regulations there have made conducting research increasingly challenging. Four books from diverse disciplines show that, despite the ways in which the authoritarian context places constraints on what research can be undertaken and how it can be done, solid scholarship on Rwanda can continue to be produced. They also show that the 1994 genocide against the Tutsi remains the focal point of nearly every book on the country, even those focused on society since 1994.
摘要卢旺达一直是学术界关注的焦点,但最近的法规使开展研究变得越来越具有挑战性。来自不同学科的四本书表明,尽管威权主义背景对可以进行的研究和如何进行研究施加了限制,但关于卢旺达的坚实学术成果仍可以继续产生。他们还表明,1994年针对图西族的种族灭绝仍然是几乎每一本关于这个国家的书的焦点,即使是自1994年以来关注社会的书。
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引用次数: 0
Defending the watchdogs: How citizens and courts protect the press 捍卫监管机构:公民和法院如何保护媒体
IF 1.9 2区 社会学 Q3 INTERNATIONAL RELATIONS Pub Date : 2023-01-27 DOI: 10.1080/14754835.2022.2151834
Jonathan A. Solis, Kelebogile Zvobgo
Abstract A free and independent press monitors government actions, broadcasts public grievances, and facilitates debate and dissent among citizens. Because of this, some executives run interference—censoring newspapers, harassing journalists, and shutting down media outlets—whereas other executives do not. What explains this variation? We argue that executives decide to repress or to respect the press based on the sanctions they anticipate from two important constituencies: courts and citizens. We expect that attacks are less likely when courts can make adverse rulings and when citizens can vote leaders out of office. In addition, we suggest that these constraints can function as substitutes; we anticipate the reductive effect of judicial independence wanes as the level of electoral democracy rises, making courts vital to protecting journalists in less democratic systems. We evaluate these expectations using panel data on executive branch attacks on the press in 175 countries, from 1949 to 2016, and find strong support.
摘要一个自由和独立的媒体监督政府的行动,传播公众的不满,并促进公民之间的辩论和异议。正因为如此,一些高管进行干预——审查报纸、骚扰记者和关闭媒体——而其他高管则没有。是什么解释了这种变化?我们认为,高管们决定压制或尊重新闻界,是基于他们对法院和公民这两个重要选民的制裁。我们预计,当法院可以做出不利裁决,当公民可以投票罢免领导人时,袭击的可能性较小。此外,我们建议这些约束可以作为替代;我们预计,随着选举民主水平的提高,司法独立的减少作用会减弱,这使得法院在不太民主的制度中对保护记者至关重要。我们使用1949年至2016年175个国家行政部门对新闻界的攻击的小组数据来评估这些期望,并得到了有力的支持。
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引用次数: 0
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Journal of Human Rights
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