Human Rights Diffusion in North Korea: The Impact of Transnational Legal Mobilization

2017 ◽  
Vol 5 (1) ◽  
pp. 175-203
Author(s):  
Patricia GOEDDE
Keyword(s):  
Human Rights ◽  
North Korea ◽  
Legal Mobilization ◽  
Human Rights Protection ◽  
The North ◽  
Domestic Legislation ◽  
Evidence Collection ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
The Impact

AbstractThis article asks how legal mechanisms are employed outside of North Korea to achieve human rights diffusion in the country; to what extent these result in human rights diffusion in North Korea; and whether measures beyond accountability can be pursued in tandem for more productive engagement. Specifically, it examines how the North Korean government has interacted with the globalized legal regime of human rights vis-à-vis the UN and details the legal processes and implications of the UN Commission of Inquiry report, including domestic legislation, and evidence collection. While transnational legal mobilization has gathered momentum on the accountability side, it is significantly weaker in terms of achieving human rights protection within North Korea given the government’s perception of current human rights discourse as part of an externally produced war repertoire. Thus, efforts to engage the North Korean population and government require concurrent reframing of human rights discourse into more localized and relatable contexts.

The Internationalization Of Human Rights And The Importance Of Normative Dialogues Between International And National Courts

2017 ◽  
Vol 17 (2) ◽  
pp. 137
Author(s):  
Mariane Morato Stival ◽  
Marcos André Ribeiro ◽  
Daniel Gonçalves Mendes da Costa
Keyword(s):  
Human Rights ◽  
The Other ◽  
Human Rights Protection ◽  
Rights Protection ◽  
National Courts ◽  
European Court ◽  
Differences Of Opinion ◽  
Rights Discourse ◽  
Different Characteristics ◽  
Human Rights Discourse

This article intends to analyze in the context of the complexity of the process of internationalization of human rights, the definitions and tensions between cultural universalism and relativism, the essence of human rights discourse, its basic norms and an analysis of the normative dialogues in case decisions involving violations of human rights in international tribunals such as the European Court of Human Rights, the Inter-American Court of Human Rights and national courts. The well-established dialogue between courts can bring convergences closer together and remove differences of opinion on human rights protection. A new dynamic can occur through a complementarity of one court with respect to the other, even with the different characteristics between the legal orders.

scholarly journals Law, Cosmopolitan Law and the Protection of Human Rights

2008 ◽  
Vol 4 (2) ◽  
pp. 241-264 ◽  
Author(s):  
Sarah Sorial
Keyword(s):  
Human Rights ◽  
Legal Order ◽  
Human Rights Protection ◽  
Rights Protection ◽  
Positive Law ◽  
Protection Of Human Rights ◽  
Rights Discourse ◽  
Cosmopolitan Law ◽  
Human Rights Discourse ◽  
Subjective Rights

In Between Facts and Norms, Habermas articulates a system of rights, including human rights, within the democratic constitutional state. For Habermas, while human rights, like other subjective rights have moral content, they do not structurally belong to a moral system; nor should they be grounded in one. Instead, human rights belong to a positive and coercive legal order upon which individuals can make actionable legal claims. Habermas extends this argument to include international human rights, which are realised within the context of a cosmopolitan legal order. The aim of this paper is to assess the relevance of law as a mechanism for securing human rights protection. I argue that positive law does make a material difference to securing individual human rights and to cultivating and augmenting a general rights culture both nationally and globally. I suggest that Habermas' model of law presents the most viable way of negotiating the tensions that human rights discourse gives rise to: the tensions between morality and law, between legality and politics, and between the national and international contexts of human rights protection.

Understanding North Korea Human Rights Discourse and The Tasks That Lay before Us

2021 ◽  
Vol 24 (1) ◽  
pp. 193-210
Author(s):  
Helene KIM
Keyword(s):  
Human Rights ◽  
North Korea ◽  
Rights Discourse ◽  
Human Rights Discourse

scholarly journals Chinese Discourse on Human Rights in Global Governance

2016 ◽  
Vol 1 (2) ◽  
pp. 192-213 ◽  
Author(s):  
Pinghua Sun
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
Chinese Culture ◽  
International Consensus ◽  
Human Rights Protection ◽  
Rights Protection ◽  
International Discourse ◽  
Rights Discourse ◽  
Human Rights Discourse ◽  
Important Basis

China’s discourse on human rights has a very rich and colorful content and the construction thereof has its own particular characteristics. Approaches to examine it should be adopted to understand thoroughly both the past and the present and both Chinese and Western methods of integration of theory into practice. Many important human rights factors are embodied in traditional Chinese culture and Confucianism became an important basis of the international consensus on morality. The Chinese representative, Peng-chun Chang made historical contributions to the construction of the international human rights protection system. These represent the core texts in constructing China’s human rights discourse, which will play an important role in China’s struggle for authority in the international discourse on human rights and dominance in global governance.

Ethnocultural Diversity and Human Rights: Legal Categories, Claims, and the Hybridity of Group Protection

2014 ◽  
Vol 6 (1) ◽  
pp. 250-317 ◽  
Author(s):  
Gaetano Pentassuglia
Keyword(s):  
Human Rights ◽  
Arctic Region ◽  
The Arctic ◽  
Human Rights Law ◽  
Group Status ◽  
Rights Discourse ◽  
The Individual ◽  
Ethnocultural Diversity ◽  
Human Rights Discourse ◽  
The Impact

In this article I explore the interface between theoretical accounts of the field, the overlapping dimensions of international legal categories in framing ethnocultural claims, as well as the impact of international legal practice, particularly human rights jurisprudence, on addressing those claims both on their own merits and within the wider context of human rights law. By doing so, I seek to provide a perspective on ethnocultural diversity in human rights discourse that is less concerned with issues of group status and right-holding and more interested in capturing complex overarching dimensions surrounding the field. I argue that looking at the nature and structure of claims is as important as discussing how to maximise protection for tightly construed classes of groups – universally and in the Arctic region. In this context, I also argue for a hybrid understanding of group protection that puts strains on rigid conceptual dichotomies between the individual and the group in human rights law.

scholarly journals Information Flows Concerning Human Rights Protection in the Digital Representation Structure of Russians’ Civic Engagement in 2020: Results of Social Media Analysis

2021 ◽  
Vol 11 (2) ◽  
pp. 102-110
Author(s):  
A.   Yu. Dombrovskaya
Keyword(s):  
Social Media ◽  
Human Rights ◽  
Media Analysis ◽  
Political Life ◽  
Human Rights Protection ◽  
Civic Attitudes ◽  
Civic Activity ◽  
Internet Users ◽  
Rights Discourse ◽  
Human Rights Discourse

In the article, the author analysed the structural and content characteristics of the information flow, reflecting the discussion of the problems of protecting the individual’s rights in Russia as a type of civic activity of Russian Internet users. As a result of particular software use, the author accumulated a relevant array of social media document and the dynamics, the modality of the flow, its distribution across various social media, the gender and interpreted age composition of the human rights information audience flow. The author concluded that a sufficiently high potential for protest mobilization of this type of digital stream triggers top-starters of human rights discourse in social media to form non-constructive civic attitudes of Russians. Signs of a significant influence of the human rights stream, first of all, among the younger generation are shown. The author identified methods of using the most resonant events in Russian society’s socio-political life by online network opposition leaders to form unconventional Russians’ attitudes by placing these events in the context of a violation of individual rights. It predetermines a shift in meanings and meanings in the sphere of perception by Russian internet users of the ratio of rights and obligations citizens in the Russian Federation. The necessity of monitoring social and media streams representing the human rights theme in the structure of all streams reflecting the digital civic activity of Russian users is substantiated, the importance of accompanying these streams from the standpoint of creating alternative discourses aimed at overcoming the problem of undermining trust in existing government institutions and contributing to the formation of a culture of constructive civic activity of Russians in digital and offline environments.

Doing Justice in South Africa and Canada

2019 ◽  
pp. 239-265
Author(s):  
Brian Stanley
Keyword(s):  
Human Rights ◽  
Racial Justice ◽  
The Holocaust ◽  
The Status ◽  
1960S And 1970S ◽  
Rights Discourse ◽  
The 1960S ◽  
Human Rights Discourse ◽  
The Impact ◽  
Mission Field

This chapter highlights the impact on the churches of the human rights agenda in its application to issues of racial justice and the treatment of indigenous peoples. Most discussions of human rights discourse in the second half of the twentieth century begin with the aftermath of the Second World War and the Holocaust, and the consequent adoption of the Universal Declaration of Human Rights at the Third General Assembly of the United Nations in Paris in December of 1948. Ecumenical leaders, influenced by concerns arising from mission field experience in Asia and Latin America, were determined that the Declaration should go further still, incorporating a full statement of freedom of religion, including the increasingly contested right to convert to another religion. In the course of the 1960s and 1970s, human rights discourse acquired a sharper edge. Alongside its older Cold War use as a weapon against communist totalitarianism there developed a radical human rights tradition that addressed the condition of oppressed groups and spoke the language of liberation. This alternative human rights tradition confronted the churches with a choice—either to realign themselves with the demands for liberation, or to pay the price for their apparent collusion with the status quo.

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