Framing Headscarves and other Multi-Cultural Issues as Religious, Cultural, Racial or Gendered: The Role of Human Rights Law

2012 ◽  
Vol 30 (4) ◽  
pp. 472-488
Author(s):  
Titia Loenen
Keyword(s):  
Human Rights ◽  
Ethnic Origin ◽  
Human Rights Law ◽  
Cultural Issues ◽  
Opposite Sex ◽  
Human Rights Standards ◽  
The Way

In many European societies emotions run high on claims for accommodating religious and/or cultural manifestations, such as wearing a headscarf at work or not being required to shake hands with persons of the opposite sex. People may perceive these issues in different ways as being about religion, culture, gender or race/ethnic origin. This article explores the question how human rights law feeds into this process of framing, concentrating on European human rights standards. What does human rights law (potentially) add to the way the issues are perceived and interpreted? What specific ways of framing will human rights law perhaps enable or stimulate? The overall conclusion is that human rights law is not a neutral factor in framing the headscarf and shaking hands issues as either cultural, religious, racial and/or gendered.

scholarly journals REGULATING GENOME EDITING UNDER INTERNATIONAL HUMAN RIGHTS LAW

2020 ◽  
Vol 69 (3) ◽  
pp. 653-684
Author(s):  
Rumiana Yotova
Keyword(s):  
Human Rights ◽  
Genome Editing ◽  
New Technology ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
Human Rights Standards ◽  
Protection Of Embryos

AbstractThis article offers a critical assessment of the role of international human rights law in the regulation of genome editing. Given the rapid scientific developments in the field of genetics, it is important to explore the implications of the human rights framework for the research into and the clinical application of genome editing. The broader normative question is whether the existing human rights standards are sufficient to address the challenges posed by this new technology. It will be argued that while international human rights law does not prohibit genome editing, it imposes important restrictions upon it. However, existing human rights are arguably insufficient to regulate germline genome editing as there are significant loopholes in the protection of embryos. Nor do they fully address the wide-ranging implications of the new technology for society and humankind. It will be suggested that new standards are needed, ideally set out in a new international instrument and supported by an institutional framework, which address the specific challenges posed by this new technology.

Socioeconomic Health Inequalities in Europe

2020 ◽  
Author(s):  
Brigit Toebes
Keyword(s):  
Human Rights ◽  
Social Justice ◽  
Health Inequalities ◽  
Health Inequities ◽  
The United States ◽  
Legal Framework ◽  
Human Rights Law ◽  
Human Rights Standards ◽  
Socioeconomic Health Inequalities

This chapter discusses the role of law and human rights in socioeconomic health inequalities in Europe. Given that socioeconomic health inequalities are largely unnecessary and avoidable, it is widely claimed that they lead to health inequities (i.e., avoidable inequalities in health). Addressing health inequities is considered to be an ‘ethical imperative’ and a ‘matter of social justice’. Human rights standards provide a moral and legal framework for assessing matters of social justice, including socioeconomic health inequalities. This chapter analyses how the main European organizations (EU and Council of Europe) address health inequalities. Specific attention is paid to the role of human rights law as a tool that may give support and priority to improving health and reducing inequities. By way of explaining how social determinants are addressed at the domestic level, the chapter discusses (the approaches to) socioeconomic health inequalities in the United Kingdom and the Netherlands. The chapter establishes that while not as dramatic as in the United States, socioeconomic health inequalities are a reality in Europe, and that inequalities have widened both between and within European countries. It concludes that reducing health inequalities should be a key priority in European and domestic health policy, and that human rights law plays an important role in informing what needs to be done.

Human Rights, National Regulation, and Armed Conflict

2019 ◽  
pp. 171-210
Author(s):  
Shane Darcy
Keyword(s):  
Human Rights ◽  
Armed Conflict ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
National Regulation ◽  
The Right ◽  
Human Rights Standards

The role of international human rights law and national regulatory regimes regarding the use of informers is considered in Chapter 5. The chapter begins by outlining human rights standards of relevance to the use of covert human intelligence sources in national policing, criminal justice, and intelligence activities, as interpreted by various international courts and human rights bodies. It then considers national approaches to the regulation of the use of informers, including a case study of Northern Ireland, where human rights law played an ostensibly greater role in regulating conduct than humanitarian law. Informers were both victims and perpetrators of serious crimes during the conflict. The chapter then examines the application of human rights law in times of armed conflict through the lens of the right to life, and considers how national regulation and oversight of the use of informers may be of relevance in situations of armed conflict.

The Influence of the Two Covenants on States Parties Across Regions

2018 ◽  
Author(s):  
Samantha Besson
Keyword(s):  
Human Rights ◽  
Domestic Institutions ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
The Third ◽  
International Human ◽  
Domestic Influence ◽  
Domestic Law

As a companion to the five regional reports in this volume, this chapter’s aim is a double one: first, to bring the comparison up to the regional level, and second, to analyse the international and domestic institutions, procedures, and mechanisms that affect how international human rights instruments influence domestic law. The chapter is therefore both a study in comparative international human rights law and a contribution to its methodology. Its structure is four-pronged. The first section clarifies the aim, object, and method of the comparison. The second section presents a comparative assessment of the Covenants’ domestic influence across regions and develops a grid of comparative analysis. The third section addresses the authority of the Committees’ interpretations of the Covenants, relying on a bottom-up comparative law argument. The fourth section discusses the role of human rights comparison and of regional human rights law in enhancing the legitimacy of the Committees’ future interpretations.

scholarly journals Content Moderation Technologies: Applying Human Rights Standards to Protect Freedom of Expression

2020 ◽  
Vol 20 (4) ◽  
pp. 607-640
Author(s):  
Thiago Dias Oliva
Keyword(s):  
Human Rights ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
International Human Rights Law ◽  
Access To Information ◽  
Legal Analysis ◽  
Human Rights Law ◽  
Legal Perspective ◽  
Current Content ◽  
Human Rights Standards

Abstract With the increase in online content circulation new challenges have arisen: the dissemination of defamatory content, non-consensual intimate images, hate speech, fake news, the increase of copyright violations, among others. Due to the huge amount of work required in moderating content, internet platforms are developing artificial intelligence to automate decision-making content removal. This article discusses the reported performance of current content moderation technologies from a legal perspective, addressing the following question: what risks do these technologies pose to freedom of expression, access to information and diversity in the digital environment? The legal analysis developed by the article focuses on international human rights law standards. Despite recent improvements, content moderation technologies still fail to understand context, thereby posing risks to users’ free speech, access to information and equality. Consequently, it is concluded, these technologies should not be the sole basis for reaching decisions that directly affect user expression.

Lois Mémorielles in Post-Genocide Societies: The Rwandan Law on Genocide Ideology under International Human Rights Law Scrutiny

2014 ◽  
Vol 27 (2) ◽  
pp. 419-445 ◽  
Author(s):  
PIETRO SULLO
Keyword(s):  
Human Rights ◽  
Transitional Justice ◽  
Freedom Of Expression ◽  
European Countries ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
The Law ◽  
Human Rights Standards

AbstractThis article discusses the Rwandan Law 18/2008 on genocide ideology in the light of international human rights standards. In order to put the genocide ideology law into context, it sketches a brief overview of the post-genocide scenario. Because of the influence that provisions restricting freedom of expression aimed at fighting negationism might exert on testimonies during genocide trials, it pays particular attention to the transitional justice strategies adopted in Rwanda. Finally, it assesses the law on the genocide ideology against the background provided by the measures implemented in some European countries to deal with the phenomenon of negationism.

Social movements, reframing investment relations, and enhancing the application of human rights norms in international investment law

2020 ◽  
pp. 1-28
Author(s):  
Moshe Hirsch
Keyword(s):  
Human Rights ◽  
Social Movements ◽  
International Investment ◽  
Human Rights Law ◽  
International Investment Law ◽  
Investment Arbitration ◽  
Public Pressure ◽  
Local Actors ◽  
Investment Law

Abstract The recent moderate trend to increasingly apply human rights law in investment awards is accompanied by certain new investment treaties which include expressed human rights provisions. An analysis of recent investment awards indicates that though there are some ‘winds of change’ in this field, it is equally noticeable that human rights law is far from being mainstreamed in international investment law. Investment arbitration procedural law is also undergoing a process of change, and the new procedural rules tend to enhance public elements in the investment arbitral system. This study is aimed at explaining these recent legal changes, highlighting the role of social movements in reframing investment relations as well as increasing public pressure to apply human rights law. These framing changes concern broadening the frame of investment arbitration (beyond the foreign investor–host state dyad), reversing the perceived balance of power between investors and host states, and zooming-in on local individuals and communities residing in host states. The discussion on factors impeding legal change in this field emphasizes the role of the private legal culture prevalent in the investment arbitration system, which is reflected and reinforced by certain resilient socio-legal frames. Informed by this analysis, the study suggests some legal mechanisms which can mitigate the inter-partes frame, and increase the application of human rights law in investment arbitration; inter alia, rigorous transparency rules that are likely to facilitate increased public pressure on tribunals and increase the participation of social movements representing local actors in arbitral processes.

Debt Crisis and Learning – Replying to Two Stimulating Reviews

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Juan Pablo Bohoslavsky ◽  
Kunibert Raffer
Keyword(s):  
Human Rights ◽  
Sovereign Debt ◽  
Debt Crisis ◽  
Equal Treatment ◽  
Human Rights Law ◽  
Policy Space ◽  
Debt Crises

AbstractThis piece tackles Barrio Arleo and Lienau’s comments on Sovereign Debt Crises: What Have We Learned? while tries to further develop some ideas and discussions proposed in the book. This piece deals with existing alternatives to overcome debt crises, the link between sovereign policy space and the principle of creditors’ equal treatment, who the target of the book is (and should be), whether “learning is enough”, and the potential policy and legal role of human rights law in debt restructurings.

Resisting Neoliberalism in Colombia: The Role of Human Rights

2017 ◽  
Vol 44 (5) ◽  
pp. 127-144
Author(s):  
Paul A. Chambers
Keyword(s):  
Human Rights ◽  
Free Trade ◽  
Action Plan ◽  
Trade Agreement ◽  
Social Rights ◽  
Political Rights ◽  
Derechos Humanos ◽  
International Image ◽  
The Way

The Colombian government’s noncompliance with the U.S.-Colombia Free Trade Agreement’s Labor Action Plan calls into question not only the government’s intentions but also the efficacy of human rights activism and discourse for social resistance to neoliberalism. Colombia has managed to adjust the narrative on human rights and improve its international image, paving the way for U.S. ratification of the free-trade agreement despite the fact that the human rights situation continues to be very serious. Its success in this is due to the way in which the debate on the agreement and human rights was framed—with a very narrow focus on trade unionists’ rights and a discourse that did not link civil and political rights to economic and social rights—and to the ideological affinity between neoliberalism and the dominant liberal discourse on human rights. El incumplimiento del Plan de Acción Laboral por parte del gobierno colombiano, en el marco del TLC con Estados Unidos, pone en tela de juicio no solo las intenciones del gobierno, sino la utilidad y eficacia del activismo y discurso de los derechos humanos para la resistencia social al neoliberalismo. El Estado colombiano ha logrado ajustar la narrativa sobre los derechos humanos y mejorar su imagen internacional, lo que le permitió ser “premiado” con la ratificación del TLC a pesar de que la situación de derechos humanos siguiera siendo grave. Esto se debe a la forma en que se enmarcó el debate sobre el TLC y los derechos humanos—con un enfoque demasiado restringido y un discurso que no integró los derechos civiles y políticos con los derechos económicos y sociales—y a la afinidad ideológica entre el neoliberalismo y el discurso dominante de los derechos humanos.

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