Pub Date : 2022-05-27DOI: 10.1080/14754835.2022.2051451
G. Chiozza, J. King
{"title":"Introduction to a special issue on beyond complacency and acrimony: Studying human rights in a post-COVID-19 world","authors":"G. Chiozza, J. King","doi":"10.1080/14754835.2022.2051451","DOIUrl":"https://doi.org/10.1080/14754835.2022.2051451","url":null,"abstract":"","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44748235","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}
Pub Date : 2022-05-27DOI: 10.1080/14754835.2022.2051450
G. Chiozza, J. King
Abstract As the pandemic spread globally, there was an explosion of scholarship written on the effects the pandemic had in numerous fields. Human rights scholars were no exception to this trend and sought to identify the effects of the pandemic on many related factors, including on gender violence, freedom of movement, protests, health care, and repression. Scholarship of this type, written in real time and responsive to the rapidly changing circumstances of the pandemic, was necessary for making sense of what was taking place, but provided little consideration for the long-term effects of the pandemic on human rights. Although the pandemic is not over, we believe that sufficient time has passed to allow us to think on the impact of the pandemic in a longer-term context. First, we provide a review of the existing literature on the effects of the pandemic on human rights, categorizing the literature as descriptive or prescriptive. Second, we introduce six articles contained in this special issue entitled “Beyond Complacency and Acrimony: Studying Human Rights in a Post-COVID-19 World” that in some ways address the shortcomings of the previous human rights literature. Finally, we provide concluding remarks we hope can act as inspiration for future scholarship.
{"title":"The state of human rights in a (post) COVID-19 world","authors":"G. Chiozza, J. King","doi":"10.1080/14754835.2022.2051450","DOIUrl":"https://doi.org/10.1080/14754835.2022.2051450","url":null,"abstract":"Abstract As the pandemic spread globally, there was an explosion of scholarship written on the effects the pandemic had in numerous fields. Human rights scholars were no exception to this trend and sought to identify the effects of the pandemic on many related factors, including on gender violence, freedom of movement, protests, health care, and repression. Scholarship of this type, written in real time and responsive to the rapidly changing circumstances of the pandemic, was necessary for making sense of what was taking place, but provided little consideration for the long-term effects of the pandemic on human rights. Although the pandemic is not over, we believe that sufficient time has passed to allow us to think on the impact of the pandemic in a longer-term context. First, we provide a review of the existing literature on the effects of the pandemic on human rights, categorizing the literature as descriptive or prescriptive. Second, we introduce six articles contained in this special issue entitled “Beyond Complacency and Acrimony: Studying Human Rights in a Post-COVID-19 World” that in some ways address the shortcomings of the previous human rights literature. Finally, we provide concluding remarks we hope can act as inspiration for future scholarship.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41463759","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}
Pub Date : 2022-05-27DOI: 10.1080/14754835.2022.2080496
Sammy Badran, Brian Turnbull
Abstract Since the Arab Spring, North Africa has witnessed increased levels of authoritarianism and a general decline in human rights as authoritarian regimes have consolidated power. During the COVID-19 pandemic, regimes across the region have instituted greater restrictions on public gatherings in order to curb the spread of the virus, and some have used the pandemic to enhance powers and crush dissent. This article will investigate if these two phenomena are connected. Is the expansion of emergency powers and surveillance designed to primarily support public health, or is this emergency legislation designed to provide greater authoritarian power for regimes under the guise of fighting the pandemic? We find that considerable actions taken by these regimes were not solely designed to support public health, and instead have been exploited to curb dissent. The potential detrimental impact this expansion could have on human rights across the region could be severe. We compare emergency legislation in Morocco and Egypt since the beginning of the COVID-19 pandemic. Our analysis provides systematic insight into how authoritarian regimes respond to public health crises and details how these crises can be used by regimes facing contentious political action to quell dissent.
{"title":"The COVID-19 pandemic and authoritarian consolidation in North Africa","authors":"Sammy Badran, Brian Turnbull","doi":"10.1080/14754835.2022.2080496","DOIUrl":"https://doi.org/10.1080/14754835.2022.2080496","url":null,"abstract":"Abstract Since the Arab Spring, North Africa has witnessed increased levels of authoritarianism and a general decline in human rights as authoritarian regimes have consolidated power. During the COVID-19 pandemic, regimes across the region have instituted greater restrictions on public gatherings in order to curb the spread of the virus, and some have used the pandemic to enhance powers and crush dissent. This article will investigate if these two phenomena are connected. Is the expansion of emergency powers and surveillance designed to primarily support public health, or is this emergency legislation designed to provide greater authoritarian power for regimes under the guise of fighting the pandemic? We find that considerable actions taken by these regimes were not solely designed to support public health, and instead have been exploited to curb dissent. The potential detrimental impact this expansion could have on human rights across the region could be severe. We compare emergency legislation in Morocco and Egypt since the beginning of the COVID-19 pandemic. Our analysis provides systematic insight into how authoritarian regimes respond to public health crises and details how these crises can be used by regimes facing contentious political action to quell dissent.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48182013","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}
Pub Date : 2022-05-27DOI: 10.1080/14754835.2022.2082244
K. Clay, Mennah Abdelwahab, S. Bagwell, Morgan Barney, Eduardo Burkle, Tori Hawley, Thalia Kehoe Rowden, Meridith LaVelle, Asia Parker, Matthew Rains
Abstract Health is a human right; as such, a public health crisis is a human rights crisis. Yet the human rights impact of the 2020 COVID-19 pandemic seems to have varied widely, both across rights and across countries. How have human rights practices been affected by the pandemic so far? Which human rights were most negatively affected by the COVID-19 pandemic? Which states were most likely to experience these negative effects, and which states avoided a reduction in the enjoyment of human rights due to the pandemic? To provide some early answers to these questions, the Human Rights Measurement Initiative (HRMI) added questions to its annual practitioner survey that aimed at determining how a subset of civil, political, economic, and social rights was affected by COVID-19 in 2020 in 39 countries around the world. Using both quantitative and qualitative data from this survey, in combination with other indicators, this article provides a description of COVID-19’s human rights impact as seen by practitioners on the front lines around the world, as well as insight into the larger question of which factors enabled states to maintain a high level of enjoyment of human rights just when those rights were needed the most.
{"title":"The effect of the COVID-19 pandemic on human rights practices: Findings from the Human Rights Measurement Initiative’s 2021 Practitioner Survey","authors":"K. Clay, Mennah Abdelwahab, S. Bagwell, Morgan Barney, Eduardo Burkle, Tori Hawley, Thalia Kehoe Rowden, Meridith LaVelle, Asia Parker, Matthew Rains","doi":"10.1080/14754835.2022.2082244","DOIUrl":"https://doi.org/10.1080/14754835.2022.2082244","url":null,"abstract":"Abstract Health is a human right; as such, a public health crisis is a human rights crisis. Yet the human rights impact of the 2020 COVID-19 pandemic seems to have varied widely, both across rights and across countries. How have human rights practices been affected by the pandemic so far? Which human rights were most negatively affected by the COVID-19 pandemic? Which states were most likely to experience these negative effects, and which states avoided a reduction in the enjoyment of human rights due to the pandemic? To provide some early answers to these questions, the Human Rights Measurement Initiative (HRMI) added questions to its annual practitioner survey that aimed at determining how a subset of civil, political, economic, and social rights was affected by COVID-19 in 2020 in 39 countries around the world. Using both quantitative and qualitative data from this survey, in combination with other indicators, this article provides a description of COVID-19’s human rights impact as seen by practitioners on the front lines around the world, as well as insight into the larger question of which factors enabled states to maintain a high level of enjoyment of human rights just when those rights were needed the most.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-05-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43121206","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}
Pub Date : 2022-05-16DOI: 10.1080/14754835.2021.2020626
G. Shafir
Abstract This article questions two explanations given to Holocaust survivors’ prolonged silence about their experiences. The first highlights psychological impediments from the extreme trauma that set the survivor apart from his or her social environment. The second focuses on linguistic barriers—the limits of language itself—to adequately express the experience of the trauma and the emotions it generated. The author demonstrates that silence was not followed by speaking, as the history of witnessing consists of three periods—an outpouring of post-Holocaust witnessing in the immediate wake of World War II, its abeyance, and reemergence in the 1970s—to argue that the most potent obstacle to witnessing by Holocaust survivors was the absence of listeners. The study of Holocaust witnessing, consequently, should not be the so-called “silence” of the survivor, but the ambivalence and indifference of the world, which only belatedly began to listen to them.
{"title":"Where were the listeners? Witnessing among Holocaust survivors","authors":"G. Shafir","doi":"10.1080/14754835.2021.2020626","DOIUrl":"https://doi.org/10.1080/14754835.2021.2020626","url":null,"abstract":"Abstract This article questions two explanations given to Holocaust survivors’ prolonged silence about their experiences. The first highlights psychological impediments from the extreme trauma that set the survivor apart from his or her social environment. The second focuses on linguistic barriers—the limits of language itself—to adequately express the experience of the trauma and the emotions it generated. The author demonstrates that silence was not followed by speaking, as the history of witnessing consists of three periods—an outpouring of post-Holocaust witnessing in the immediate wake of World War II, its abeyance, and reemergence in the 1970s—to argue that the most potent obstacle to witnessing by Holocaust survivors was the absence of listeners. The study of Holocaust witnessing, consequently, should not be the so-called “silence” of the survivor, but the ambivalence and indifference of the world, which only belatedly began to listen to them.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45420542","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}
Pub Date : 2022-05-16DOI: 10.1080/14754835.2022.2042220
Tine Destrooper
Abstract In the summer of 2020, the Belgian Parliament established a Special Parliamentary Commission tasked with launching an enquiry into Belgium’s overseas colonial legacy and reflecting on appropriate reparations. It was the first consolidated democracy to establish a truth commission to investigate the historical and ongoing injustices related to overseas colonialism. In this article, I argue in favor of treating this commission as a truth commission and focus on the extra-legal and expressivist functions of truth commissions to understand potential long-term and indirect effects of this initiative. The central premise is that justice processes can shape and create meaning systems that gain the status of “truth” and can come to dominate how we understand and organize ourselves and our social world. In the descriptive section, I use primary sources to examine the genesis, mandate, composition, first steps, and reception of the commission’s work, foregrounding critical voices. In the analytical section, I examine whether the commission is indeed furthering a thick kind of accountability or whether, instead, it risks cementing and contributing to epistemic injustices. As such, the article provides a detailed overview of a commission that has been scantly covered in academic literature, as well as contributing to the debate about potentially unforeseen effects of using transitional justice processes such as truth commissions in consolidated democracies.
{"title":"Belgium’s “Truth Commission” on its overseas colonial legacy: An expressivist analysis of transitional justice in consolidated democracies","authors":"Tine Destrooper","doi":"10.1080/14754835.2022.2042220","DOIUrl":"https://doi.org/10.1080/14754835.2022.2042220","url":null,"abstract":"Abstract In the summer of 2020, the Belgian Parliament established a Special Parliamentary Commission tasked with launching an enquiry into Belgium’s overseas colonial legacy and reflecting on appropriate reparations. It was the first consolidated democracy to establish a truth commission to investigate the historical and ongoing injustices related to overseas colonialism. In this article, I argue in favor of treating this commission as a truth commission and focus on the extra-legal and expressivist functions of truth commissions to understand potential long-term and indirect effects of this initiative. The central premise is that justice processes can shape and create meaning systems that gain the status of “truth” and can come to dominate how we understand and organize ourselves and our social world. In the descriptive section, I use primary sources to examine the genesis, mandate, composition, first steps, and reception of the commission’s work, foregrounding critical voices. In the analytical section, I examine whether the commission is indeed furthering a thick kind of accountability or whether, instead, it risks cementing and contributing to epistemic injustices. As such, the article provides a detailed overview of a commission that has been scantly covered in academic literature, as well as contributing to the debate about potentially unforeseen effects of using transitional justice processes such as truth commissions in consolidated democracies.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-05-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47608276","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}
Pub Date : 2022-04-13DOI: 10.1080/14754835.2022.2037410
G. Owusu, M. Opoku, J. Dogbe, W. Mprah, William Nketsia, Vincent Opoku Karikari
Abstract Despite the immense exploitation, violence, abuse, prejudice, and neglect experienced by persons with disabilities, little is known about the accessibility of the criminal justice system to them in sub-Saharan African contexts. We adapted the availability, accessibility, acceptability, and quality of Services model (AAAQ model) of the UN Office of the High Commissioner for Human Rights (OHCHR) to explore the participation of persons with disabilities in the criminal justice system. We used a semistructured interview guide to collect data from a sample of 20 participants: 10 with disabilities and 10 key informants. Based on all the levels of indicators (of the AAAQ model), we found that the criminal justice system was unfriendly toward persons with disabilities due to factors such as lack of funds, inaccessible physical environments, language and communication barriers, and negative attitudes toward persons with disabilities. We also discuss the need for governments to demonstrate commitment toward providing public legal institutions with adaptable facilities as well as to recruiting qualified persons who are knowledgeable about disability issues.
{"title":"Criminal justice in Ghana as experienced by people with disabilities: An analysis of the availability, accessibility, acceptability, and quality of services","authors":"G. Owusu, M. Opoku, J. Dogbe, W. Mprah, William Nketsia, Vincent Opoku Karikari","doi":"10.1080/14754835.2022.2037410","DOIUrl":"https://doi.org/10.1080/14754835.2022.2037410","url":null,"abstract":"Abstract Despite the immense exploitation, violence, abuse, prejudice, and neglect experienced by persons with disabilities, little is known about the accessibility of the criminal justice system to them in sub-Saharan African contexts. We adapted the availability, accessibility, acceptability, and quality of Services model (AAAQ model) of the UN Office of the High Commissioner for Human Rights (OHCHR) to explore the participation of persons with disabilities in the criminal justice system. We used a semistructured interview guide to collect data from a sample of 20 participants: 10 with disabilities and 10 key informants. Based on all the levels of indicators (of the AAAQ model), we found that the criminal justice system was unfriendly toward persons with disabilities due to factors such as lack of funds, inaccessible physical environments, language and communication barriers, and negative attitudes toward persons with disabilities. We also discuss the need for governments to demonstrate commitment toward providing public legal institutions with adaptable facilities as well as to recruiting qualified persons who are knowledgeable about disability issues.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-04-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47299140","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}
Pub Date : 2022-04-04DOI: 10.1080/14754835.2021.2011710
Brian Greenhill, Dan Reiter
Abstract Conventional thinking proposes that naming and shaming pushes publics to oppose government policies that are claimed to violate human rights. We explore the extent to which international organizations’ (IOs’) efforts to name and shame target governments can be frustrated by the target governments’ efforts to advance a counter-narrative. We test this using a survey-based experiment that focuses on the use of prolonged solitary confinement in US prisons. The results suggest that government messaging has powerful effects on public opinion. These effects are more readily discernible than the effects of IO signals. We also find some limited evidence to suggest that messages from international nongovernmental organizations can, by themselves, elicit a backlash among the respondents. Surprisingly, we found similar effects among both Democrats and Republicans. This demonstrates important limitations to IOs’ naming and shaming tactics.
{"title":"Naming and shaming, government messaging, and backlash effects: Experimental evidence from the Convention Against Torture","authors":"Brian Greenhill, Dan Reiter","doi":"10.1080/14754835.2021.2011710","DOIUrl":"https://doi.org/10.1080/14754835.2021.2011710","url":null,"abstract":"Abstract Conventional thinking proposes that naming and shaming pushes publics to oppose government policies that are claimed to violate human rights. We explore the extent to which international organizations’ (IOs’) efforts to name and shame target governments can be frustrated by the target governments’ efforts to advance a counter-narrative. We test this using a survey-based experiment that focuses on the use of prolonged solitary confinement in US prisons. The results suggest that government messaging has powerful effects on public opinion. These effects are more readily discernible than the effects of IO signals. We also find some limited evidence to suggest that messages from international nongovernmental organizations can, by themselves, elicit a backlash among the respondents. Surprisingly, we found similar effects among both Democrats and Republicans. This demonstrates important limitations to IOs’ naming and shaming tactics.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-04-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46401882","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}
Pub Date : 2022-04-01DOI: 10.1080/14754835.2021.2014794
Audrey L. Comstock
Abstract International relations scholars have noted the importance of negotiations and socialization in shaping state human rights. So far, we know surprisingly little about how negotiation participation shapes human rights practices. I argue that human rights treaty negotiations socialize states in important ways through repeated interactions in a formal institutional structure. Focusing on the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination Against Women, I test whether negotiating states improved, worsened, or made no changes in their rights practices. Using data on UN negotiation participation, I found states negotiating the treaties contributed to positive human rights practices. This finding was the strongest around 10 years after treaty creation, although it was significant decades after treaty creation. The finding held against robustness checks. This research contributes to the study of human rights law, compliance, and socialization within international organizations.
{"title":"Negotiated rights: UN treaty negotiation, socialization, and human rights","authors":"Audrey L. Comstock","doi":"10.1080/14754835.2021.2014794","DOIUrl":"https://doi.org/10.1080/14754835.2021.2014794","url":null,"abstract":"Abstract International relations scholars have noted the importance of negotiations and socialization in shaping state human rights. So far, we know surprisingly little about how negotiation participation shapes human rights practices. I argue that human rights treaty negotiations socialize states in important ways through repeated interactions in a formal institutional structure. Focusing on the International Covenant on Civil and Political Rights and the Convention on the Elimination of All Forms of Discrimination Against Women, I test whether negotiating states improved, worsened, or made no changes in their rights practices. Using data on UN negotiation participation, I found states negotiating the treaties contributed to positive human rights practices. This finding was the strongest around 10 years after treaty creation, although it was significant decades after treaty creation. The finding held against robustness checks. This research contributes to the study of human rights law, compliance, and socialization within international organizations.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41496551","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}
Pub Date : 2022-03-15DOI: 10.1080/14754835.2022.2030206
N. Göksel, Jaimie Morse
Abstract Throughout the 1990s and 2000s, Kurdish women reported sexual violence in state custody during intense conflicts between the Turkish military and the guerrilla organization PKK. Drawing on archival research and in-depth interviews with lawyers and activists in Turkey, we trace the development of legal mobilization by human rights lawyers and activists who characterized state-led sexual violence in the Kurdish region as a war crime against women and brought cases before domestic courts and the European Court of Human Rights (ECHR). Inspired by the work of Kerem Altıparmak, we develop the concept of “legal exhaustion” to characterize the emotional and relational aspects of legal mobilization in the context of war and counterterrorism politics. Bringing together scholarship in sociolegal studies and critical approaches to human rights, we argue that legal exhaustion is productive—not just an unproductive and constraining state—prompting human rights lawyers to sustain legal mobilization in/outside courts and critique national and international laws.
{"title":"“Legal exhaustion” and the crisis of human rights: Tracing legal mobilization against sexual violence and torture of Kurdish women in state custody in Turkey since the 1990s","authors":"N. Göksel, Jaimie Morse","doi":"10.1080/14754835.2022.2030206","DOIUrl":"https://doi.org/10.1080/14754835.2022.2030206","url":null,"abstract":"Abstract Throughout the 1990s and 2000s, Kurdish women reported sexual violence in state custody during intense conflicts between the Turkish military and the guerrilla organization PKK. Drawing on archival research and in-depth interviews with lawyers and activists in Turkey, we trace the development of legal mobilization by human rights lawyers and activists who characterized state-led sexual violence in the Kurdish region as a war crime against women and brought cases before domestic courts and the European Court of Human Rights (ECHR). Inspired by the work of Kerem Altıparmak, we develop the concept of “legal exhaustion” to characterize the emotional and relational aspects of legal mobilization in the context of war and counterterrorism politics. Bringing together scholarship in sociolegal studies and critical approaches to human rights, we argue that legal exhaustion is productive—not just an unproductive and constraining state—prompting human rights lawyers to sustain legal mobilization in/outside courts and critique national and international laws.","PeriodicalId":51734,"journal":{"name":"Journal of Human Rights","volume":null,"pages":null},"PeriodicalIF":1.9,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44246140","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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