scholarly journals Correction to: Laïcité Unveiled: A Case Study in Human Rights, Religion, and Culture in France

2021 ◽  
Author(s):  
Melanie Adrian
Keyword(s):  
Human Rights

scholarly journals Governmental human rights focal points in federal contexts: The implementation of the Istanbul convention in Switzerland as a case study

2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser
Keyword(s):  
Domestic Violence ◽  
Human Rights ◽  
International Law ◽  
International Human Rights Law ◽  
Focal Points ◽  
Human Rights Law ◽  
International Human Rights ◽  
Federal States ◽  
International Human

The implementation of international human rights law in federal States is an underexplored process. Subnational entities regularly enjoy a degree of sovereignty, which raises questions such as whether they implement obligations of international law and how the federal level may ensure that implementation takes place at the subnational level. This article aims to answer these questions, using the implementation of the Convention on Preventing and Combating Violence against Women and Domestic Violence (Convention) in Switzerland as a case study. To implement the Convention at the cantonal level, federal actors decided to use networks of civil servants in charge of domestic violence issues, who act as governmental human rights focal points (GHRFPs). This article is based on original empirical data, on 25 interviews with State officials who participate in this implementation. The findings show how complex GHRFPs networks work in practice to implement the Convention and highlight the role played by numerous non-legal State actors in this process. As a result, the article argues that international human rights law implementation becomes more diversified both within and across federal States.

Criminogenic Policy Antithetical to Peace Policy: A Case Study of NAFTA as a Violation of International Law

2020 ◽  
pp. 016059762093289
Author(s):  
Daniel Patten
Keyword(s):  
Human Rights ◽  
International Law ◽  
Free Trade Agreement ◽  
Trade Agreement ◽  
Negotiation Process ◽  
Study Analysis ◽  
Business Investment ◽  
Written Text ◽  
Case Study Analysis

Successful peace policy that enshrines human rights allows individuals to thrive economically, politically, and socially with minimal conflict. Building from literature on crimes of globalization, genocide, and human rights, the current research investigates the concept of a criminogenic policy that at its core is antithetical to peace policy. Using case study analysis, North American Free Trade Agreement (NAFTA) is found to be both criminal and criminogenic in violation of international law for two primary reasons. First, the NAFTA negotiation process was criminal and criminogenic for three interrelated reasons: (1) powerful elites heavily influenced the outcome, (2) it was undemocratic, and (3) the opposition was often repressed. Second, the NAFTA policy itself was criminal and criminogenic for two reasons: (1) NAFTA as a policy ignored all of the critical voices that predicted negative outcomes and (2) the written text of NAFTA is criminal for failing to include human rights protections while offering a litany of rights to protect business investment.

scholarly journals SADC Mediation in Zimbabwe's Global Political Agreement (GPA): A Reflection on Opportunities and Complexities

2014 ◽  
Vol 2 (2) ◽  
pp. 21
Author(s):  
Modeni M. Sibanda
Keyword(s):  
Human Rights ◽  
Coming Out ◽  
Democratic Institutions ◽  
Member States ◽  
Peace And Security ◽  
Universal Human Rights ◽  
Regional Organisation ◽  
Power And Authority

This article analyses the opportunities and complexities of the SADC mediation in Zimbabwe’s Global Political Agreement (GPA) in facilitating and operationalising theprinciples and values of peace, security, human rights and democracy as set out in Article 4 of the SADC treaty. It attempts to interrogate the extent to which the regional grouping’s mechanisms for enforcing its principles and values have been successful.   The article argues that despite SADC’s noble commitment to promoting the development of democratic institutions and practices, as well as encouraging the observance of universal human rights, peace and security, the resolution of the Zimbabwe crisis shows that, in practice, the operationalisation of SADC protocol principles and values have been a sorry saga of delays, secrecy, purported agreements and nothing concrete coming out of it.  Using the Zimbabwe case study, this article further argues that SADC either lacks appropriate power and authority or is reluctant to hold member states accountable.  This seems so, given that as a regional body, it has allowed itself to be utterly inadequate to the task envisioned by the organ in resolving the Zimbabwe crisis. The paper concludes that the sum of all this has had the effect of exposing SADC and it being perceived as a weak regional organisation.

The Politics of Domestic Implementation of International Human Rights Law

2015 ◽  
Vol 16 (1-2) ◽  
pp. 104-149 ◽  
Author(s):  
Deepika Udagama
Keyword(s):  
Human Rights ◽  
Political Violence ◽  
Social Indicators ◽  
Interesting Case ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Political Factors ◽  
International Human

Domestic application of international human rights law may encounter more serious obstacles than purely doctrinal constraints due to political factors. Sri Lanka offers an interesting case study in that regard. Once a committed democracy with high social indicators, it descended into authoritarianism and political violence a few decades after independence. This article examines the interplay between Sri Lanka’s dualist legal system and its international human rights obligations and points to how the relationship is increasingly being defined by political factors than doctrinal complexities. It argues that in such circumstances remedial action may lie more within the political arena than before legal forums.

scholarly journals Clients, clinics and social justice

2018 ◽  
Vol 8 (3) ◽  
pp. 323-336 ◽  
Author(s):  
Robert Collinson ◽  
Alice Diver ◽  
Sharon McAvoy
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Case Law ◽  
Legal Practice ◽  
Law Schools ◽  
Legal Ethics ◽  
Global Compact ◽  
Un Global Compact ◽  
Content Type

PurposeThe purpose of this paper is to present a case study of an innovative, three-module pathway designed by the Department of Law and Criminology at Edge Hill University (England) in 2014. In addition to supporting the work of its campus pro-bono law clinic, the first-two modules aim to enhance and evidence the legal skills of EHU’s undergraduate LLB students, to embed a deeper awareness of the (legal) ethics needed for sustainable legal practice (within PRME), and to highlight the increasing need for socially responsible advocates, able to defend the rights of marginalised, vulnerable clients.Design/methodology/approachThe critical analysis of the content and scope of an innovative, work-based learning LLB module pathway, which furthers the aim of the UN Global Compact and the PRME, and ties them firmly to socio-legal issues and advocacy involving recent jurisprudence.FindingsThe case law used within the modules, and the practical work of the students in the campus law clinic, are relevant to social justice issues and to the promotion of PRME values—they promote awareness of human rights principles, highlight the importance of access to legal services and provide students with knowledge of legal ethics. Enhanced employability skills flow from this.Research limitations/implicationsThis is a narrow case study but still provides a useful analysis of an innovative, PRME relevant module pathway. The model mirrors international trends in clinical legal education and also offers a template for other law schools keen to promote the concept of ethical, just legal practice.Practical implicationsThe paper posits that enhanced employability can flow from real world tasks such as advocacy for marginalised or disadvantaged groups and presents an exemplar for other law schools wishing to embed ethics/clinical law practice into their curriculum.Social implicationsThe paper highlights how the campus law clinic serves the public in a deprived region—it raises awareness of human rights and of social justice issues. It has the potential to feed into litigation on social welfare issues (housing, social security, child welfare, etc.).Originality/valueThe discussion of the human rights case law that is used in the Year 2 “bridging module” (which prepares students for working in the law clinic in their final year) is particularly relevant and is analysed in detail, highlighting how this module pathway is aimed at promoting PRME and UN Global Compact principles.

scholarly journals Museari: Art in a Virtual LGBT Museum Promoting Respect and Inclusion

2022 ◽  
pp. 180-197
Author(s):  
Ricard Huerta
Keyword(s):  
Human Rights ◽  
Teacher Training ◽  
Data Collection ◽  
Focus Groups ◽  
Art History ◽  
Participant Observation ◽  
Assessment Instruments ◽  
Virtual Museum ◽  
Sexual Diversity

Museari is an online museum dedicated to upholding human rights and sexual diversity through art, history, and education. Museari was born in 2015 and since then more than 70 exhibitions have been presented. This paper analyzes Museari's interest in teacher training, something that has been especially positive during the Covid-19 pandemic. The objective of the research is to reflect on the opportunity to use a virtual museum to address issues of art and education. For data collection, we used assessment instruments specific to the case study, such as diagnoses, discussions, focus groups, and participant observation. We highlight museum’s positive reception by the students, particularly the role it plays in overcoming stereotypes and conventional taboos to achieve inclusive environments.

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