Perpetuation as perpetration: Wrongful benefit and responsibility for historical injustice

2021 ◽  
Author(s):  
Kristofer J. Petersen-Overton
Keyword(s):  
Historical Injustice

McIvor v Canada and the 2010 Amendments to the Indian Act: A Half-Hearted Rememdy to Historical Injustice

2012 ◽  
Vol 19 (1, 2 & 3) ◽  
pp. 2011
Author(s):  
Sarah E. Hamill
Keyword(s):  
Gender Discrimination ◽  
Neutral System ◽  
Historical Injustice ◽  
Canadian Government ◽  
Indian Act ◽  
Gender Neutral

2010 saw the twenty-fifth anniversary of two important legal developments in Canada: Bill C-31, which significantly amended the existingIndian Act, and the coming into effect of section 15 of the Charter of Rights and Freedoms.1 Section 15 was partially responsible for the introduction of Bill C-31. The Canadian government introduced Bill C-31 to address, among other things, gender discrimination in the system of Indian status. Bill C-31, however, fell short of its goal of introducing a gender-neutral system of Indian status under the Indian Act.

scholarly journals Transformative Justice, Reparations and Transatlantic Slavery

2017 ◽  
Vol 28 (2) ◽  
pp. 137-157 ◽  
Author(s):  
Matthew Evans ◽  
David Wilkins
Keyword(s):  
Transitional Justice ◽  
Present Situation ◽  
Healthcare Education ◽  
Housing Provision ◽  
Historical Injustice ◽  
Transformative Justice ◽  
Caribbean Community ◽  
The Social ◽  
Potential Contributor ◽  
The Caribbean

This article considers lessons recent debates concerning transitional and transformative justice, and surrounding transformative reparations, could offer to discussions regarding reparations for transatlantic slavery. Even transitional justice programmes aiming to provide transformative reparations in the form of development programmes (such as healthcare, education and housing provision) have enabled governments to avoid addressing structural causes of inequalities. The article argues that calling for reparations for transatlantic slavery in the form of development projects is potentially regressive. Framing development programmes as reparations, as parts of the Caribbean Community Ten-Point Plan for reparations do, risks presenting these as necessary only because of powerful states’ duty to make amends for past wrongdoing. The article calls for advocates of reparations for transatlantic slavery to be more explicit in demarcating the backward- and forward-looking foundations of their claims. The importance of symbolic and non-financial reparations ought to be more explicitly highlighted as a potential contributor to the social repair of transatlantic slavery’s harmful legacies. Moreover, distributive justice should be explicitly emphasized as being necessary to realize the present-day and future rights of people suffering from the historical legacy of transatlantic slavery and not simply because the present situation is the result of historical injustice.

Transitional Justice

2018 ◽  
pp. 145-178
Author(s):  
Roman David ◽  
Ian Holliday
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Real Life ◽  
Political Prisoners ◽  
Historical Injustice ◽  
Half Century ◽  
Secondary Sources ◽  
Political Determinants ◽  
Human Rights Abuse ◽  
Survey Experiments

Myanmar’s half-century of authoritarianism from 1962 to 2011 left a bitter legacy of gross human rights abuse and other historical injustice. One issue widely held by researchers to be a contributing factor to establishing a human rights culture and promoting democratization is dealing with the past. In this context, the chapter explores the demand for transitional justice in Myanmar, drawing on interviews with former political prisoners, surveys, survey experiments, and secondary sources. It reviews factors commonly associated with demand for transitional justice, examines the historical and political determinants of transitional justice in Myanmar, probes the authors’ surveys to investigate popular demand for transitional justice, uses interviews with former political prisoners to assess victims’ needs and their conception of justice, and connects a victim-centred approach with popular demand by examining support for transitional justice in light of experimental evidence simulating real-life resolution of historical injustice.

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