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Transitional justice and the struggle for reparations for slavery and its ongoing legacies in the United States The International Journal of Human Rights (IF 1.1) Pub Date : 2024-09-11 Joyce Hope Scott, Cira Pallí-Asperó, Tine Destrooper
As global uprisings for racial justice put questions about historical and ongoing racial injustice higher on academic, public and political agendas, transitional justice (TJ) scholars increasingly ...
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Towards a spectral forensics: spirits as epistemic resources in responses to the dead and missing The International Journal of Human Rights (IF 1.1) Pub Date : 2024-08-30 Simon Robins, Lia Kent
The ‘forensic turn’ in transitional justice has seen technologies of identification, notably DNA, become an essential part of recommended responses to missing and disappeared persons in the afermat...
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Displacing the displaced: the response to the protracted precarious situation of Syrian refugees in Türkiye during the Covid-19 pandemic The International Journal of Human Rights (IF 1.1) Pub Date : 2024-08-22 Srabonty Das Gupta, Juan Francisco Escudero Espinosa
The Covid-19 crisis exposed deeply-rooted systemic problems for Syrians in Türkiye, especially continuous instability in accessing public health and social support services. By reviewing legal amen...
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The Taliban and women's human rights in Afghanistan: the way forward The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-31 Sebghatullah Qazi Zada, Mohd Ziaolhaq Qazi Zada
The recent Taliban's seizing of power in Afghanistan has raised serious concerns among women's human rights advocates within Afghanistan and abroad. The Taliban, who previously ruled Afghanistan fr...
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Tracing the legal journey of petitions in the Uttarakhand High Court that became springboards for rights of rivers and nature in India The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-29 Kavita Upadhyay, Bibhu Prasad Nayak
On March 20, 2017, the High Court of Uttarakhand in India declared the Ganga and Yamuna rivers as living entities, making it the country’s first order to give legal rights to rivers. In another ord...
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Can Black males be subjects of human rights violations? The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-25 Dalitso Ruwe
This essay assesses the recent discourse that has developed around the death of Black males in the U.S. and how these deaths have been animated by anti-misandry. Anti-Black misandry refers to the p...
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How to think about the instrumental politics of mass rape: a critical appraisal of feminist approaches The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-19 Albert Doja
Mass rape and other forms of sexual violence in ethnic conflict, as their incidence in Bosnian and Kosovo wars in former Yugoslavia showed in the 1990s, cannot be relativised along some strategy of...
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A review of the legitimacy of FIFA’s participation in Qatar’s human rights governance The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-12 Lu Binyang
Respecting and protecting human rights is one of the fundamental principles stipulated in the FIFA Charter. In the case of labour issues in Qatar, there is a legality issue with FIFA’s participatio...
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The role of Turkish administrative courts in developing jurisprudence on refugee rights: review of the judgments of the administrative courts from 2014 to 2021 The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-11 Hülya Kaya
Turkish administrative courts have a unique role in developing jurisprudence after the adoption of the Law on Foreigners and International Protection in 2014. This article analyses Turkish administ...
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The European far right and human rights language The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-10 Kaius Tuori, Iida Karjalainen
In recent years, the European far-right movements have increasingly employed the language and terminology of human rights, even though resistance towards international influences continues to be on...
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State obligation and landmines: human rights of the disabled in the Islamic Republic of Iran The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-10 Shabnam Moinipour, Leila Alikarami
Many individuals in Iran continue to fall victim to landmine explosions, even decades after the Iran-Iraq war ended. While the Islamic Republic of Iran has made certain efforts to demine affected a...
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The effect of war exposure on children; an exploration of conflict and post-conflict gendered experiences The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-11 Roos van der Haer, Kathleen J. Brown
Armed conflict has tragically become commonplace in the lives of many children. Children do not only witness conflict violence and are subjected to it, but are also sometimes forced to perpetrate v...
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Intersectional challenges in post-trafficking reintegration of survivor women of trafficking The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-10 Fakhrul Islam, Suzanna Fay
This article reviews the available literature to address a fundamental question concerning the impact of intersectional discrimination on women during their post-trafficking reintegration. The prob...
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Subnational authorities and human rights in Europe The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-10 Matthew Saul, Elisabeth Lambert
Published in The International Journal of Human Rights (Vol. 28, No. 7, 2024)
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Take me to the River: have riverine rights enhanced community participation in environmental governance within the Atrato River basin? The International Journal of Human Rights (IF 1.1) Pub Date : 2024-07-03 Arlinton Cuesta Mosquera, Catalina Vallejo Piedrahíta
This paper assesses the implementation of the Colombian Constitutional Court's 2016 Judgment T-622, which tackled human and environmental rights violations in the Atrato River basin due to extensiv...
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The role of Criminal Justice in dealing with past atrocities in the Spanish and Argentine transitions: common grounds, but different pathways The International Journal of Human Rights (IF 1.1) Pub Date : 2024-06-14 Elena Maculan
The comparative study of relevant Argentine and Spanish legislation and jurisprudence offers a perfect picture of the debate surrounding the role and limits of Criminal Law in transitional contexts...
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Forest moralities, kindred knowledge and Sacha Runakuna: Kawsak Sacha as law The International Journal of Human Rights (IF 1.1) Pub Date : 2024-06-12 Jenny García Ruales
Rights of Nature or Pacha Mama (RoN), as recognised in the Constitution of Ecuador, are developed through an intercultural dialogue with Indigenous Peoples, encompassing various forms and senses of...
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Good international citizenship and the protection of internally displaced persons: examining Kenya’s law and policy The International Journal of Human Rights (IF 1.1) Pub Date : 2024-06-12 Naziye Dirikgil, Charalampos Efstathopoulos
Good international citizenship is traditionally associated with the practices of Western democracies but is also increasingly relevant to non-Western states that seek to promote human rights on the...
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Contending with identity and minority rights in transitional justice: the case study of Sri Lanka The International Journal of Human Rights (IF 1.1) Pub Date : 2024-06-04 Farah Mihlar
Transitional justice, though heavily problematised, is a burgeoning and transforming field. However, apart from when atrocity crimes such as genocide are committed, it remains negligent of the righ...
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Indigenous rights and ontological plurality in the institutional arrangements for the Waikato and Waipā Rivers in Aotearoa The International Journal of Human Rights (IF 1.1) Pub Date : 2024-05-31 Cristy Clark, Karen Fisher, Elizabeth Macpherson
This paper analyses the institutional arrangements for the Waikato and Waipā Rivers in Aotearoa New Zealand to consider how effectively they promote Indigenous rights and the exercise of Māori law ...
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Vernacularising human dignity in human rights education: a Cambodian case study The International Journal of Human Rights (IF 1.1) Pub Date : 2024-05-30 Gillian Kane, Rachel Killean, Boravin Tann
In this article we interrogate the potential value of ‘human dignity’ as a tool for vernacularisation in the context of human rights education (HRE), drawing on legal higher education in Cambodia a...
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Leadership responsibility in non-state criminal organisations. The rediscovery of indirect perpetration through an organisation by Latin American courts and the ICC The International Journal of Human Rights (IF 1.1) Pub Date : 2024-05-30 Harmen van der Wilt
This article addresses the interaction between Latin American courts and the International Criminal Court in adapting and expanding the concept of indirect perpetration through an organisation (Org...
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Beyond liberal justice? Decolonising Colombian transitional justice through victims’ participation and indigenous rights The International Journal of Human Rights (IF 1.1) Pub Date : 2024-05-15 Carlos Arturo Gutiérrez-Rodríguez
Transitional justice is a particular approach to justice for periods of transition to peace and democracy. It has been standardised in handbooks by profiling experts, often from the Global North, w...
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Exploring the role of regulation in urban citizenship practices: looking at Swiss and Turkish cities The International Journal of Human Rights (IF 1.1) Pub Date : 2024-05-15 Elif Durmuş
‘Urban citizenship’ connotes to statuses and practices centred around the relationship between a locality and (all) individuals present or residing within its territory. This alternative imaginatio...
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Local authorities at the European Court of Human Rights The International Journal of Human Rights (IF 1.1) Pub Date : 2024-05-14 Matthew Saul
The high-level Reykjavík Declaration (2023) recognises the importance of local authorities (the lowest tier of administration within a state) for the functioning of the European Convention on Human...
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Losing sight of the abuse: how and why women’s and children’s rights are violated in child contact decisions after intimate partner violence in Europe The International Journal of Human Rights (IF 1.1) Pub Date : 2024-05-14 Johanna Nelles
International human rights law sets out the right to life and freedom from torture and ill-treatment. This includes the positive obligation of states to prevent, protect and punish acts of private ...
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Correction The International Journal of Human Rights (IF 1.1) Pub Date : 2024-04-11
Published in The International Journal of Human Rights (Vol. 28, No. 5, 2024)
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Re-emphasizing the individual components of ‘child, early, and forced marriage’ The International Journal of Human Rights (IF 1.1) Pub Date : 2024-04-04 Alissa Koski, Manahil Siddiqi, Margaret E. Greene
Efforts to eliminate ‘child, early, and forced marriage’, human rights violations with a wide range of harmful consequences, have intensified in the past twenty years as part of a growing social mo...
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Silencing the ‘Guapinol Eight’: abuse of the Honduran criminal justice system to unjustly criminalise and punish human rights defenders The International Journal of Human Rights (IF 1.1) Pub Date : 2024-04-03 Richard Middleton IV, Lauren Sullivan
This paper discusses the plight of the ‘Guapinol Eight,’ a group of men who were arrested, detained, and convicted by a Honduran court after defending their right to access clean water. Our analysi...
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Neoliberal rationality and the rhetoric of sacrifice in the construction of proportionality discourse: a case-study from the European Court of Human Rights The International Journal of Human Rights (IF 1.1) Pub Date : 2024-03-29 Juan J. Garcia Blesa
Applying a critical rhetorical approach to law, this article revisits the proportionality discourse of the European Court of Human Rights and the socio-political tendencies it reveals in the case o...
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How safe is the zone, and how voluntarily are the returnees? Turkey’s project for a ‘safe and dignified’ voluntary repatriation of Syrian refugees and the potential implementation of R2P on behalf of returnees The International Journal of Human Rights (IF 1.1) Pub Date : 2024-03-27 Elif Yazıcı Başar
The millions of refugees in Turkey are left in political limbo. Anti-refugee sentiment in society has also become an issue. However, in contradiction to the earlier Muslim solidarity rhetoric of ‘M...
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Human rights in international law, state responsibilities and accountability mechanisms: a case study of Iran The International Journal of Human Rights (IF 1.1) Pub Date : 2024-03-12 Bahram Soltani
This research presents a critical theoretical and practical re-examination of the link between human rights' issues and politics at national and international levels. The study of human rights is a...
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From shelter to the streets: the feminine face of homelessness in contemporary democracies The International Journal of Human Rights (IF 1.1) Pub Date : 2024-03-11 Nibedita Bhattacharjee, Saurav Narayan
Homelessness has shattered democracies worldwide. This study uses a doctrinal approach, employing content analysis, especially relational content analysis, to examine the underlying factors and dif...
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Muddy waters: on the problematic political ecology of the Atrato ruling, Colombia The International Journal of Human Rights (IF 1.1) Pub Date : 2024-03-06 John-Andrew McNeish, Jenny Moreno Socha
In this article we consider the problematic political ecology of the 2016 legal ruling on the subject rights of the Atrato River in Colombia. Using the innovative idea of bio-cultural rights, the s...
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Transitional justice at the National Human Rights Commission of Nepal: challenging legitimacy, credibility, and effectiveness The International Journal of Human Rights (IF 1.1) Pub Date : 2024-03-01 Renée Jeffery
In the past three decades, national human rights institutions (NHRIs) have becoming an increasingly common feature of transitional and post-conflict justice processes. As institutions designed to p...
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The after rights of the Citizen of the UK and its Colonies: who is the subject of the rights of the citizen in Britain’s hostile environment? The International Journal of Human Rights (IF 1.1) Pub Date : 2024-02-27 Andrew Schaap
Radical democrats highlight the emancipatory potential of citizenship rights insofar as they enable the enactment of political subjectivity by those who lay claim to them. However, the conjuncture(...
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Beyond legal personhood for the Whanganui River: collaboration and pluralism in implementing the Te Awa Tupua Act The International Journal of Human Rights (IF 1.1) Pub Date : 2024-02-16 Miriama Cribb, Elizabeth Macpherson, Axel Borchgrevink
There is now a large body of scholarly literature on the legal and governance arrangements for the Whanganui River in Aotearoa New Zealand, given the rights of a legal person under Te Awa Tupua (Wh...
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After truth, after shame … after information politics? Rethinking the epistemologies of human rights in the digital-authoritarian conjuncture The International Journal of Human Rights (IF 1.1) Pub Date : 2024-02-14 Josh Bowsher
Since the contemporary, mainstream human rights movement rose to prominence in the late-1970s, both knowing about and doing human rights has been marked by a very particular mode of activism, infor...
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Anticipation under the human right to science and under other social and cultural rights The International Journal of Human Rights (IF 1.1) Pub Date : 2024-02-14 Camila Perruso
This article analyses how the right to science can benefit from the obligations and mechanisms related to anticipation of other, social and cultural rights. It considers how these obligations can b...
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Dispute over the recognition of indigenous peoples in the lawsuit calling for the return of the Ryukyuan remains The International Journal of Human Rights (IF 1.1) Pub Date : 2024-02-08 Yugo Tomonaga
This paper will first review the debate over the definition and recognition of Indigenous peoples with regard to the people of Ryukyu/ Okinawa, focusing on the colonial history, specifically regard...
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Rights of nature and rivers in Ecuador’s Constitutional Court The International Journal of Human Rights (IF 1.1) Pub Date : 2024-02-07 Mihnea Tănăsescu, Elizabeth Macpherson, David Jefferson, Julia Torres Ventura
The article analyses a series of decisions by the Constitutional Court of Ecuador on the rights of nature generally, and the rights of rivers and water bodies specifically. The selected cases are a...
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Neurotechnologies and human rights: restating and reaffirming the multi-layered protection of the person The International Journal of Human Rights (IF 1.1) Pub Date : 2024-01-31 Christoph Bublitz
International human rights institutions and scholars are debating whether established human rights suffice to address challenges raised by neurotechnologies which measure or alter brain activity; U...
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Anti-imperial epistemic justice and re-making rights and justice ‘after rights’ The International Journal of Human Rights (IF 1.1) Pub Date : 2024-01-16 Sumi Madhok
This article focuses on rights politics in most of the world and on knowledge production ‘after rights’. It assembles a few key elements of anti-imperial epistemic justice which it argues is a nece...
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The Ayotzinapa case (Mexico) and the role of the European Parliament as a moral tribune to promote human rights worldwide The International Journal of Human Rights (IF 1.1) Pub Date : 2024-01-17 Mónica Velasco-Pufleau
This paper examines the role of the European Parliament as an international moral tribune for the promotion of human rights through a qualitative case-study design. It focuses on the emblematic Ayo...
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Subsidiarity in the ECHR: an empty promise for local authorities? The International Journal of Human Rights (IF 1.1) Pub Date : 2023-12-23 Reto Walther
Member States of the ECHR are complex entities made up of many levels. The subsidiarity principle is grounded in this social reality. However, the ECHR, just like general international law, treats ...
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Amnesty as a tool in the deradicalisation of Boko Haram terrorists in Nigeria: a threat to national security The International Journal of Human Rights (IF 1.1) Pub Date : 2023-12-23 Emelda Undiandeye Ejeh, Ebunoluwa Popoola
Granting amnesty to perpetrators of gross human rights is becoming a re-emerging phenomenon in Africa. Nigeria is currently witnessing unprecedented threats of violent extremism unleashed by terror...
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Protecting vulnerable groups in Europe: highlights from recent case law of the European Court of Human Rights The International Journal of Human Rights (IF 1.1) Pub Date : 2023-12-23 Agne Limante
This paper focuses on the recent cases of the European Court of Human Rights (the ECtHR, the Court) in which the Court offered legal protection to vulnerable groups. For this purpose, the paper wil...
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The trials of judge Garzón and the enforceability of decisions by human rights treaty bodies in Spain The International Journal of Human Rights (IF 1.1) Pub Date : 2023-12-21 Ignacio de la Rasilla
In 2021, the UN Human Rights Committee (HRC) held Spain responsible for violations of Articles 14(1), 14(5) and 15 (1) of the ICCPR in the Garzón v Spain case. The purposes of this article are thre...
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Beyond the turn to human rights: a call for an intersectional climate justice approach The International Journal of Human Rights (IF 1.1) Pub Date : 2023-12-21 Irthe J. M. de Jong
Climate litigation against states is increasingly based on international human rights law. As a result, more climate cases are filed at international human rights courts and treaty bodies. Strict s...
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Assessing the International Criminal Court’s response to genocide: a reference to the case of Al-Bashir The International Journal of Human Rights (IF 1.1) Pub Date : 2023-12-18 Mohammad Pizuar Hossain
On the 75th anniversary of the Genocide Convention, the role of the International Criminal Court (ICC), as constituted under the Rome Statute, in responding to genocide is worth evaluating. This ar...
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The United Nations Declaration on the rights of peasants and other people working in rural areas: possibilities for the formation of a rural Latin-American historic bloc The International Journal of Human Rights (IF 1.1) Pub Date : 2023-12-12 Miguel Rábago Dorbecker
Worsening conditions due to the COVID-19 crisis hit rural and agricultural communities in Latin America hard. Paradoxically, this happened when the specific rights of those communities were recogni...
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Between Scylla and Charybdis: the implications of the human right to science for regulating the harms and benefits of environmental science and technology The International Journal of Human Rights (IF 1.1) Pub Date : 2023-12-14 Anna-Maria Hubert
This article explores whether the integration of human rights approaches, in particular, the human right to science in Article 15(1)(b) of the International Covenant of Economic, Social and Cultura...
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Space-making ‘after rights’: carcerality, rights-claims, and the practice of freedom The International Journal of Human Rights (IF 1.1) Pub Date : 2023-12-11 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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What makes transitional justice possible? An analysis of the Spanish case The International Journal of Human Rights (IF 1.1) Pub Date : 2023-12-06 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...
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After property? The Haitian Revolution, racial capitalism, and the foundation for a universal right to freedom from enslavement The International Journal of Human Rights (IF 1.1) Pub Date : 2023-11-21 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...
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The work of art, beside and beyond rights The International Journal of Human Rights (IF 1.1) Pub Date : 2023-11-21 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...
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Resurgent totalitarianism, charismatic dictatorship, and the rise of socio-political extremism in the age of globalisation and multiculturalism: an escalating human rights crisis The International Journal of Human Rights (IF 1.1) Pub Date : 2023-11-23 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...
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On antisemitism and human rights The International Journal of Human Rights (IF 1.1) Pub Date : 2023-11-14 Neve Gordon
The Universal Declaration of Human Rights was drafted, in part, as a response to the horrific antisemitism leading to the extermination of millions of Jews in World War II. Yet, today, organisation...
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Do local authorities take human rights seriously? Lessons from the French case The International Journal of Human Rights (IF 1.1) Pub Date : 2023-11-13 Catherine Le Bris, Pierre-Edouard Weill
The central government has the primary responsibility for the protection of human rights. However, several factors such as decentralisation raise questions about the role of local authorities in th...
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How human rights implementation by local authorities dealing with Traveller evictions could be improved – Exploring strategies through case study analysis in a Belgian municipality The International Journal of Human Rights (IF 1.1) Pub Date : 2023-11-10 Tess Heirwegh
This article aims to situate Traveller evictions within discussions on local authorities and their role in realising human rights. It focuses on the scenario where local authorities choose to merel...