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The Discursive Evolution of Human Rights Law: Empirical Insights from a Computational Analysis of 180,000 UN Recommendations Hum. Rights Law Rev. (IF 1.6) Pub Date : 2024-09-03 Renana Keydar, Vera Shikhelman, Tomer Broude, Jonathan Elkobi
Building on an independent database of 180,000 UN recommendations and a novel computational method, we present the most comprehensive study of human rights (HR) debates to date. We develop a unique empirical model that measures topical density of discourse. This innovative instrument measures the discursive activity of UN HR bodies through a machine-learning textual analysis of their outputs, offering
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The ECHR and the Positive Obligation to Criminalise Domestic Psychological Violence Hum. Rights Law Rev. (IF 1.6) Pub Date : 2024-07-30 Niels Hedlund
This article explores the scope of the positive obligation deriving from the case law of the European Court of Human Rights (ECtHR) to criminalise forms of domestic psychological violence. This is primarily done by examining the implications of Volodina v Russia (No. 1), Volodina v Russia (No. 2) and Tunikova and Others v Russia regarding the obligation in question. Additionally, this article addresses
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Glorification of Terrorist Violence at the European Court of Human Rights Hum. Rights Law Rev. (IF 1.6) Pub Date : 2024-06-20 Ilya Sobol
This article examines the European Court of Human Rights’ approach towards restrictions on expression glorifying terrorist violence. This is done by situating the Court’s case law against two objections to respective criminal offences: their inherent overbreadth and their incompatibility with the restraining demands of the ‘harm principle’. In doing so, the article discusses how the ‘harm principle’
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General Comment No. 25 on Children’s Rights in Relation to the Digital Environment: Implications for Children’s Right to Privacy and Data Protection in Africa Hum. Rights Law Rev. (IF 1.6) Pub Date : 2024-06-14 Yohannes Eneyew Ayalew, Valerie Verdoodt, Eva Lievens
The UN Committee on the Rights of the Child has published its much-awaited General Comment No. 25 on children’s rights in the digital environment in 2021. Much of the conversations since its adoption have centred on how General Comment No. 25 influences State behaviours in the western world or globally. Little attention has been given as to what General Comment No. 25 means for children’s right to
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Who Manages Menstrual Health? The Untapped Potential of the Right to Health to Support a Comprehensive Right to Menstrual Health beyond Menstrual Hygiene Management Hum. Rights Law Rev. (IF 1.6) Pub Date : 2024-05-07 Céline Brassart Olsen
For the 1.8 billion people who menstruate every month globally, menstruation is not always just synonymous with blood loss. As such, many also experience premenstrual conditions such as dysmenorrhea (period pain), limited access to health care and/or menstrual stigma. Yet, so far, laws have mostly focused on menstrual hygiene management (MHM), particularly menstrual products provision. Despite MHM’s
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Solidarity as Foundation for Economic, Social and Cultural Rights Hum. Rights Law Rev. (IF 1.6) Pub Date : 2024-05-05 Koldo Casla, Marion Sandner
The potential of the principle of solidarity as an interpretative guide for the realisation of ESCR has, to date, been largely overlooked. Solidarity mediates between the individual and the community, and it has a collective dimension in relation to both burden- and benefitsharing. The recognition of ESCR creates not only positive legal obligations on the state but also civic responsibilities on individuals
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Sex and Gender in International Human Rights Law through the Prism of the ‘Women’ Category in Recent Case Law Hum. Rights Law Rev. (IF 1.6) Pub Date : 2024-05-05 Ekaterina Yahyaoui Krivenko
This article problematises the current understanding of sex and gender in international human rights law, especially as it manifests itself in its treatment of the ‘women’ category. The problematic nature of the current state of international human rights law in this regard came recently to light in two cases: the majority judgment in the Y v France case of the European Court for Human Rights and the
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The Received View about the Right to Marry: A Critique Hum. Rights Law Rev. (IF 1.6) Pub Date : 2024-04-18 Bartosz Biskup
This article reconstructs a Received View of the right to marry in the European Convention on Human Rights and provides its philosophical interpretation. According to the Received View, the right to marry is a right to a legal institution of marriage. Recent case law from the European Court of Human Rights is analysed, with a focus on the protection and recognition of personal relationships under the
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What’s in a Right? Concretizing States’ Climate Change Mitigation Obligations under Human Rights Law Hum. Rights Law Rev. (IF 1.6) Pub Date : 2024-01-31 Linnéa Nordlander
States owe duties under human rights law to protect individuals from climate harm by mitigating climate change individually and collectively, in order to secure the Paris Agreement’s 1.5°C goal. It is, however, unclear what human rights law requires of states generally in terms of emissions reduction trajectories. This article elucidates that question, by looking at what reduction obligations can be
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Climate Change and the Modern Slavery Conundrum in Africa: Reimagining the Relevance of Human Rights Law Hum. Rights Law Rev. (IF 1.6) Pub Date : 2024-01-25 Daniel Ogunniyi
Although climate change is among the main ecological crisis the world is grappling with today, relevant discourses on the subject often focus exclusively on the existential threats it presents ignoring other associated risks, including how it exacerbates modern slavery vulnerabilities. Despite already constituting a major human rights challenge, climate change promises to further exacerbate the modern
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Reconciling the Dual-Faceted Mandates of Quasi-Judicial Human Rights Bodies: The Working Group on Arbitrary Detention’s Prima Facie Approach to Evidence Hum. Rights Law Rev. (IF 1.6) Pub Date : 2024-01-25 Matthew Gillett, Yutaka Karukaya, Mia Marzotto
Focusing on evidentiary approaches, this article examines the burdens and standards of proof applied at United Nations quasi-judicial international human rights bodies. These bodies have dual-faceted mandates, combining legal and human rights traditions and imperatives. However, they diverge in their approach to evidence. This article argues that the prima facie approach developed over the Working
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On the Road to Silent Guns: Examining the Regional Regulation of States’ Use of Force during Counterterrorism Policing in Africa Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-12-26 Alero I Fenemigho
Terrorism is currently one of the principal threats to peace and security in Africa. In law enforcement responses to terrorism, affected states often employ excessive or indiscriminate force through their security forces. In addition to violating international legal standards, research suggests that this unlawful use of force is itself a driver of violence, potentially perpetuating terrorist violence
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Allocating Human Rights Obligations in the ECHR Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-12-01 Lea Raible
This article asks how to allocate human rights obligations stemming from the European Convention on Human Rights and defends an interpretivist account of human rights based on the values of integrity and equality to answer it. First, it considers the structure of rights and argues that human rights usually require a duty bearer who needs to be identified. Second, the article analyses interest-based
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The Tension between the National and ECHR Human Rights Adjudication: A Normative Account Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-12-01 Alon Harel
This article examines cases of conflicting decisions between the ECHR and State Courts. I argue for ‘discordant adjudicative parity.’ According to discordant adjudicative parity, there are compelling non-instrumental reasons for having both international adjudicative institutions and state adjudicative institutions that can make binding, conflicting decisions. Binding decisions by international adjudicative
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Interpreting the ECHR in Light of the Increasingly High Standards Being Required by Human Rights: Insights from Social Ontology Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-12-01 Steven Wheatley
This article looks to make sense of those cases where the European Court of Human Rights (ECtHR) changes its position on interpretation in light of the increasingly high standards being required by human rights, when the Court applies the doctrine of evolutive interpretation to the ECHR’s object and purpose, as a Convention for the protection of ‘human rights’ (e.g. Selmouni v France). This raises
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Uncovering the Nature of ECHR Rights: An Analytical and Methodological Framework Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-12-01 Bosko Tripkovic, Alain Zysset
How does the European Court of Human Rights (ECtHR) understand the nature of human rights? The article develops a framework for the analysis of this question and shows how it can be applied. The first part identifies a gap at the intersection of doctrinal and philosophical approaches to human rights practice that leaves the ECtHR’s understanding of the nature of rights unaccounted for. The second part
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Deference, Dignity and ‘Theoretical Crisis’: Justifying ECtHR Rights Between Prudence and Protection Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-12-01 Corina Heri
The present article engages with human rights law’s purported ‘theoretical crisis’, according to which rights—and specifically those in the European Convention on Human Rights (ECHR)—are bereft of a convincing theoretical foundation. In doing so, the article interrogates the use of crisis-oriented language, challenging the very idea of a ‘theoretical crisis’ of rights. Identifying the tension between
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Vulnerability, Care Ethics and the Protection of Socioeconomic Rights via Article 3 ECHR Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-11-12 Katie Morris
Vulnerability analysis serves a distinct purpose within adjudication of Article 3 of the European Convention of Human Rights ('ECHR'), in that it has been used by the European Court of Human Rights (‘ECtHR’ or ‘the Court’) to lower the threshold for a finding of ill-treatment from which positive obligations relating to socioeconomic rights have arisen. However, the group-based notion of vulnerability
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Signalling in European Rule of Law Cases: Hungary and Poland as Case Studies Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-11-10 Ula Aleksandra Kos
The paper explores Hungary and Poland’s compliance signals conveyed during the European rule of law enforcement process and the responses to these signals by the Court of Justice of the EU and the European Court of Human Rights as judicial organs and the European Commission and the Committee of Ministers as organs supervising compliance. After both states turned illiberal European institutions began
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Fundamental Rights of Corporations as International Human Rights: The Perspective of Regional Economic Courts Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-10-23 Patricia Wiater
The article deals with the question of whether and why international human rights law should protect corporations at the example of regional economic integration systems such as the European Union. For the European Court of Justice, granting human rights to corporations is the natural response to the key role that private companies play in the integration program. Regional human rights courts, in contrast
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Deconstructing the Eviction Protections Under the Revised European Social Charter: A Systematic Content Analysis of the Interplay Between the Right to Housing and the Right to Property Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-09-04 Emma N Sweeney, L Michelle Bruijn, Michel Vols
This article analyses the eviction protections provided by the Revised European Social Charter by conducting a systematic content analysis of the European Committee on Social Rights’ (ECSR) Conclusions and Decisions on Articles 16 and 31. The findings reveal that the ECSR has established nine consistent eviction protections throughout its jurisprudence. Additionally, this article examines how the ECSR
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Whose Voice?: Female Genital Cutting and the Obscuring Effects of Top-Down Criminalisation Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-08-17 Winona Kang
Female genital cutting (FGC) is roundly condemned within international human rights discourse. The narrative surrounding the practice tends to categorically censure FGC in all forms. In this article, I analyse the criminalisation of the practice in New South Wales, Australia to demonstrate the dominant influence of this narrative, while also highlighting its deficiencies. Focusing on the recent Australian
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Disability Discrimination in the Digital Realm: How the ICRPD Applies to Artificial Intelligence Decision-Making Processes and Helps in Determining the State of International Human Rights Law Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-08-07 Tetyana (Tanya) Krupiy, Martin Scheinin
Scholars have identified challenges to protecting individuals from discrimination in contexts where organisations deploy artificial intelligence decision-making processes. While scholarship on ‘digital discrimination’ is growing, scholars have paid less attention to the impact of the use of artificial intelligence decision-making processes on persons with disabilities. This article posits that while
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Protecting the Arctic Indigenous Peoples’ Livelihoods in the Face of Climate Change: The Potential of Regional Human Rights Law and the Law of the Sea Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-08-07 Lisa Mardikian, Sofia Galani
Climate change presents existential challenges for the livelihoods of indigenous peoples, which depend on vulnerable ecosystems prone to extreme weather phenomena. Of all indigenous communities, those living in the Arctic have been worst affected. This raises the question to what extent international law can be mobilized to address the endangered livelihoods of Arctic indigenous peoples in light of
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The Silences of International Human Rights Law: The Need for a UN Treaty on Violence Against Women Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-07-28 Julie Ada Tchoukou
In the face of women’s disproportionate experience of violence and the growing scholarly literature and advocacy on this issue, there is no international treaty recognising violence against women (VAW) as a human rights violation in and of itself. The Convention on the Elimination of Discrimination against Women (CEDAW) does not include a definition of gender-based violence, violence against women
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Ensuring Data Science and Its Applications Benefit Humanity: Data Monetization and the Right to Science Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-07-26 Jayson S Lamchek
This paper analyses the human right to science (RtS) in relation to data science (DS) and its applications, particularly, data monetization. It advances an approach that balances three aspects of RtS, namely, protection from harmful science, benefit-sharing and participation in science and derives three corresponding sets of state duties. First, RtS implies the duty to end data monetization in so far
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Framing Positive Obligations under the European Convention on Human Rights Law: Mediating between the Abstract and the Concrete Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-06-01 Vladislava Stoyanova
Positive obligations under the European Convention on Human Rights can be framed with different levels of concreteness. The level chosen is essential for understanding the analytical distinction between the existence of an obligation and its breach. The level of concreteness is an important conceptual framework because it has an impact even on the possibility of making an assessment as to whether the
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Proportionality, Stringency and Utility in the Jurisprudence of the European Court of Human Rights Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-06-01 Jeremy Letwin
I argue that a form of indirect utilitarianism can provide a sufficiently plausible justification for three crucial elements of the ECtHR’s doctrine of proportionality to be taken seriously as an account of this doctrine. I show how indirect utilitarianism can account for the relation between moral rights and Convention rights, the resistance to trade-offs that is a particular property of Convention
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Judicial Activism and Judge-Made Law at the ECtHR Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-06-01 Marko Bošnjak, Kacper Zajac
This paper contributes to an ongoing debate concerning the perceived judicial activism of the European Court of Human Rights (ECtHR). It argues that the output of the Court should be better viewed as the phenomenon of judicial law-making, not unlike in domestic jurisdictions. However, unlike many domestic legal systems, the European Convention on Human Rights framework promotes large quantities of
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Evasive Manoeuvres: Strasbourg, the Hague Child Abduction Convention and the Absolute Prohibition on Ill-Treatment Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-05-18 Edmund Robinson
This article identifies a troubling omission on the part of the European Court of Human Rights, when it considers cases involving the Hague Convention on the Civil Aspects of International Child Abduction. Such cases often involve one parent, who has abducted the child, alleging that their actions were necessary to protect themselves or the child from violence by the other parent. The Court has avoided
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The 2016 UN General Assembly Declaration on the Right to Peace: A Step towards Sustainable Positive Peace within Societies? Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-04-17 Tuba Turan
In 2016, the UN General Assembly adopted the Declaration on the Right to Peace. This article examines whether the implementation of the Declaration can likely lead to the realization of the right to peace in a way that elicits sustainable peace within societies. Thus, diverging from earlier studies, it provides conceptual and practical critiques of the Declaration to evaluate the viability of the right
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Defer or Revise? Horizontal Dialogue Between UN Treaty Bodies and Regional Human Rights Courts in Duplicative Legal Proceedings Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-04-11 Alexandre Skander Galand
There is no formal hierarchy between, or international rule of precedent applicable to, the three regional human rights systems and the eight UN Human Rights Treaty Bodies with active competence to entertain individual complaints. By scrutinising the practice of duplicative proceedings of UN Treaty Bodies (UNTBs), this article makes the argument that the res judicata and lis pendens principles have
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Children’s Religious Identity in Alternative Care and Adoption: The Need to Recentre the Child’s Best Interest in International Human Rights Adjudication Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-04-03 Ayla Do Vale Alves
This article argues that international human rights (quasi-)adjudicatory institutions should do better in considering the best interests of the child and freedom of religion in cases involving human rights aspects of alternative care and adoption. The European Court of Human Rights, particularly, has been using obscure and contradictory standards, which ultimately do not privilege the child’s best
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All Beginnings Are Difficult: The Guiding Principles on Extreme Poverty and Human Rights a Decade After Their Adoption Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-03-10 Adam Ploszka
In September 2022, 10 years had passed since the Guiding Principles on Extreme Poverty and Human Rights were adopted by the Human Rights Council. The Guiding Principles, as a soft law human rights instrument, were designed to be a useful tool for states in the formulation and implementation of poverty reduction and eradication policies. In this piece, I examine to what extent this objective has been
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Lodestar in the Time of Coronavirus? Interpreting International Obligations to Realise the Right to Health During the COVID-19 Pandemic Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-02-20 Judith Bueno de Mesquita, Claire Lougarre, Lisa Montel, Sharifah Sekalala
While the right to health has gained significant momentum in international law over the past two years, there is little clarity on what it means for States to comply with this right in times of COVID-19. Taking Articles 2(1) and 12 of the International Covenant on Economic, Social and Cultural Rights as a starting point, our article follows an approach guided by the rules of treaty interpretation under
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Cyberviolence Against Women Under International Human Rights Law: Buturugă v Romania and Volodina v Russia (No 2) Hum. Rights Law Rev. (IF 1.6) Pub Date : 2023-02-02 Adaena Sinclair-Blakemore
This article analyses the recent judgments of Buturugă v Romania and Volodina v Russia (No 2), the first judgments of the European Court of Human Rights (Court) to recognise cyberviolence against women as a violation of Article 8 of the ECHR in circumstances where the respondent states failed to discharge their positive obligations to prevent, protect from and punish acts of cyberviolence against women
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Reservations to the Istanbul Convention and the Role of GREVIO: A Call for New Approach Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-11-23 Wojciech Burek
The question of whether the monitoring bodies have competence concerning reservations is at the centre of the discussion of reservations to human rights treaties that has occupied many international legal scholars over the last few decades. The Istanbul Convention’s treaty monitoring body, GREVIO, is the only human rights treaty monitoring body with a direct competence concerning reservations. However
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Free and Informed Elections? Disinformation and Democratic Elections Under Article 3 of Protocol 1 of the ECHR Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-09-09 Ethan Shattock
This article examines European Court of Human Rights (ECtHR) jurisprudence concerning free elections and identifies relevant approaches that can be applied to electoral disinformation. The relationship between disinformation and freedom of expression has attracted considerable academic scrutiny in recent years. However, surprisingly little attention has been given to the right to free elections. This
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Tracing the Development of the Proportionality Analysis in Relation to Forced Evictions under the ICESCR Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-08-22 Nils-Hendrik Grohmann
Since 2013, the Committee on Economic, Social and Cultural Rights can examine individual communications under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR). This opens up the possibility to interpret Covenant provisions in a thorough manner. With regard to forced evictions and the right to housing under Article 11 ICESCR, one can discern a fast-developing
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Advancing Children’s Rights in Peace Processes: The Role of the Committee on the Rights of the Child Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-08-22 Sean Molloy
The cessation of violent conflict offers crucial opportunities to increase the likelihood that children’s rights are respected, protected and realized in the post-conflict state. Peace processes—which include peace negotiations, peace agreement(s) and the implementation of peace agreement provisions—can be central to the realization of this objective. This article examines the concluding observations
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Language and Persuasion: Human Dignity at the European Court of Human Rights Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-08-02 Veronika Fikfak, Lora Izvorova
Although the concept of human dignity is absent from the text of the European Convention on Human Rights, it is mentioned in more than 2100 judgments of the European Court of Human Rights. The judges at the Court have used dignity to develop the scope of Convention rights, but also to signal to respondent states just how serious a violation is and to nudge them toward better compliance. However, these
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The Universal Right to Legal Capacity—Clearing the Haze Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-07-29 Tim Opgenhaffen
The right to legal capacity (Article 12) is the most contested realization of the UN Convention on the Rights of Persons with Disabilities (CRPD). If implemented, it would revolutionize the position of persons with psychosocial disabilities, intellectual disabilities and other cognitive conditions. Yet its implementation has been hindered by conceptual misunderstandings and a lack of distinction between
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Taking Dignity Seriously to Protect Manual Scavengers in India: Lessons from the UN Human Rights Committee Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-07-22 Aishani Gupta
This article analyses the Indian caste-based occupation of sanitation work undertaken without protective equipment—manual scavenging. The current legal framework on manual scavenging in India suggests that demolishing dry latrines will abolish manual scavenging. This approach overlooks the coercive nature of the caste system and is therefore an inadequate solution for abolishing manual scavenging.
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Intersex Activism, Medical Power/Knowledge and the Scalar Limitations of the United Nations Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-07-18 Fae Garland, Kay Lalor, Mitchell Travis
This article considers the extent to which human rights mechanisms can ameliorate intersex rights at a sub-national, or medico-local, level. It engages with both intersex activism and the academy where the United Nations (UN) has become understood as a key mechanism through which to challenge day-to-day practices of healthcare practitioners and bring an end to nontherapeutic surgical and hormonal interventions
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Climate Competence: Youth Climate Activism and Its Impact on International Human Rights Law Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-21 Aoife Daly
Those who are under-18 are not often associated with the exercise of political rights. It is argued in this article however that youth-led climate activism is highlighting the extensive potential that children and young people have for political activism. Moreover, youth activists have come to be seen by many as uniquely competent on climate change. Youth activists have moved from the streets to the
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Damian Etone, The Human Rights Council: The Impact of the Universal Periodic Review in Africa (Routledge, 2021, xv + 215 pp, £36.99) ISBN 9781032175317 (pb). Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-04 Michael Lane
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Anticorruption and Transitional Justice: A Distinction Without a Difference Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-04 Taygeti Michalakea
Abstract Anticorruption efforts in the framework of transitional justice seemingly insert the missing ‘economic’ link and are thus considered to modify its mainstream paradigm and diversify its politics. This article counter argues that, instead, anticorruption efforts reinforce the problematic points and invisibilities of transitional justice and further embed a liberal conceptualization of it. Using
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The Inconsistencies of Age-Related Incapacity Thresholds in International Law: Child Rape Victims at a Disadvantage Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-04 Isabel Maravall-Buckwalter
Abstract Over the past few decades, the definition of rape has been the focus of widespread attention in international law. However, the circumstance of age-related incapacity in its definition has been left unexplored. While no definition of an age of sexual consent is found in international criminal law, though suggestions have been made in international criminal jurisprudence, other international
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The Human Rights Implications of the Use of AI in the Digital Welfare State: Lessons Learned from the Dutch SyRI Case Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-04 Adamantia Rachovitsa,Niclas Johann
ABSTRACT The article discusses the human rights implications of algorithmic decision-making in the social welfare sphere. It does so against the background of the 2020 Hague’s District Court judgment in a case challenging the Dutch government’s use of System Risk Indication—an algorithm designed to identify potential social welfare fraud. Digital welfare state initiatives are likely to fall short of
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Missed Opportunities: Participation of NGOs in Advisory Proceedings of the African Court on Human and Peoples’ Rights Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-04 Bizimana Jean D’Amour
Abstract This article scrutinizes the participation of NGOs in advisory proceedings of the African Court on Human and Peoples’ Rights. Contrary to its regional counterparts, the Court allows NGOs to petition for advisory opinions. In addition, NGOs can contribute to its advisory proceedings as amici curiae. Surprisingly, the Court has only delivered two advisory opinions requested by an NGO within
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The Right to a Fair Online Hearing Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-04 Krešimir Kamber
Abstract With the outbreak of the Covid-19 pandemic, the courts almost invariably (although to different degrees) started closing doors to physical presence and a new interest in remote forms of the administration of justice—notably online hearings—has emerged from the margins of legal research and practice. This article focuses on online hearings as the most critical aspect of the remote administration
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Hope’s Relations: A Theory of the ‘Right to Hope’ in European Human Rights Law Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-04 Sarah Trotter
Abstract In recent years, the notion of a ‘right to hope’ has emerged in the jurisprudence of the European Court of Human Rights. This article offers an account of how this right has been constructed and of how hope is conceptualised in European human rights law. It examines the origins of the ‘right to hope’, the meaning of hope in this context and the relationship that is depicted between hope and
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The Protection of the Environment through International Human Rights Litigation: Taking Stock of Challenges and Opportunities in the Inter-American System Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-04 Diego Mejía-Lemos
Abstract This article seeks to critically analyse salient aspects of environmental protection through international litigation under the American Convention on Human Rights. It examines and places relevant recent developments in the practice of the Inter-American Court of Human Rights within broader trends in the practice of states and treaty organs of both universal and regional human rights systems
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Tinker, Tailor, Twitter, Lie: Government Disinformation and Freedom of Expression in a Post-Truth Era Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-04 Katie Pentney
Abstract The spread of disinformation has received significant attention in recent years, yet little has been paid to government disinformation, and whether governments may violate freedom of expression not only in how they regulate disinformation, but also in how they facilitate, sow and spread it. This article analyses whether and to what extent Article 10 of the ECHR is engaged by government disinformation
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Alice Margaria, The Construction of Fatherhood: The Jurisprudence of the European Court of Human Rights (Cambridge University Press, 2019, xiii + 191 pp, £85) ISBN 978-1-108-47509-9 (hb) Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-04 Marie-Hélène Spiess,Elena Brodeală
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Enforcing Rights Beyond Litigation: Mapping NGO Strategies in Monitoring ECtHR Judgement Implementation Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-03-04 Aysel Küçüksu
Abstract Whilst the mobilisation practices of human rights organisations before the European Court of Human Rights (ECtHR) have amassed a significant volume of scholarship, the interest in their role in the post-judgement process pales in comparison. This article seeks to contribute to the reversal of this trend by shining a light on Rule 9 of the Rules of the Committee of Ministers, which establishes
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Anna Nilsson, Compulsory Mental Health Interventions and the CRPD: Minding Equality (Hart Publishing, 2021, xi + 186pp, £67.50) ISBN 97815099315 76 (hb) Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-01-21 Carter G.
The Convention on the Rights of Persons with Disabilities (‘CRPD’) is the first international human rights treaty to recognize rights specifically for disabled people. It has been heralded as revolutionary in creating a ‘paradigm shift’ in how disability is understood within law. The CRPD moves away from a medical model of disability (which focuses on the individual’s limitations) to a social model
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Reconstructing the Roles of Human Rights Treaty Organs under the ‘Two-Tiered Bounded Deliberative Democracy’ Theory Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-01-13 Hinako Takata
Growing concern for the democratic legitimacy of human rights treaty organs calls for the construction of an autonomous conception of ‘democracy’ as a constitutional principle of human rights treaties, and the reconstruction of the roles of treaty organs per that conception. This study responds to this call by proposing an original ‘two-tiered bounded deliberative democracy’ theory that harmonizes
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The Draft Convention on the Right to Development: A New Dawn to the Recognition of the Right to Development as a Human Right? Hum. Rights Law Rev. (IF 1.6) Pub Date : 2022-01-10 Roman Girma Teshome
The draft Convention on the Right to Development is being negotiated under the auspices of the Human Rights Council. This article seeks to explore the merits and the added value of the draft in terms of its normative contents particularly compared with its soft law predecessor—the Declaration on the Right to Development. It argues that the draft is a momentous step in the recognition of the right to