Violence, Development, and Canada’s New Transnational Jurisprudence

2018 ◽  
Vol 4 (1) ◽  
pp. 167-185 ◽  
Author(s):  
Eliza Guyol-Meinrath Echeverry

For decades, Canadian-based corporate development projects have been linked to acts of violence in countries all over the world. These acts include sexual violence, destruction of property, community displacement, the use of forced labor, and other forms of violence. While Canada has repeatedly failed to pass legislation holding Canadian-based corporations accountable for human rights abuses committed abroad, Canadian courts are increasingly asserting their jurisdiction over cases of development-related violence. Analyzing two ongoing court cases—Caal v. Hudbay, regarding sexual violence in Guatemala, and Araya v. Nevsun, regarding forced labor in Eritrea— this article examines the potential and limits of law to address the bureaucratic mechanisms and grounded experiences of corporate-development-related violence, and the changing relationship between states, corporations, law, and human rights in the modern global era.

Author(s):  
Maja Zehfuss

Contemporary Western war is represented as enacting the West’s ability and responsibility to help make the world a better place for others, in particular to protect them from oppression and serious human rights abuses. That is, war has become permissible again, indeed even required, as ethical war. At the same time, however, Western war kills and destroys. This creates a paradox: Western war risks killing those it proposes to protect. This book examines how we have responded to this dilemma and challenges the vision of ethical war itself. That is, it explores how the commitment to ethics shapes the practice of war and indeed how practices come, in turn, to shape what is considered ethical in war. The book closely examines particular practices of warfare, such as targeting, the use of cultural knowledge, and ethics training for soldiers. What emerges is that instead of constraining violence, the commitment to ethics enables and enhances it. The book argues that the production of ethical war relies on an impossible but obscured separation between ethics and politics, that is, a problematic politics of ethics, and reflects on the need to make decisions at the limit of ethics.


1993 ◽  
Vol 11 (1) ◽  
pp. 3-24 ◽  
Author(s):  
David Gillies

This article examines the case for and against applying political conditions to World Bank lending, the circumstances that might trigger such conditions, and the means by which they may be applied. It also surveys the genesis and diverse meaning of the ‘good governance’ agenda and briefly examines how the Bank responded to human rights abuses in China and Kenya.


Author(s):  
Keitner Chimène I

This article examines the issues of jurisdiction and immunities in transnational human rights litigation. It discusses the bases of asserting jurisdiction and highlights the problem in achieving consensus about the rules governing foreign official immunity. It analyses several relevant court cases including claims against foreign states, against current or former foreign officials and against non-state actors. This article argues that the horizontal enforcement of human rights norms by national courts carries the potential for both salutary and disruptive effects. It explains that while it can provide an avenue for victims of human rights abuses to obtain redress for their injuries, it can also interfere with the conduct of foreign relations with states that do not recognize the validity of national proceedings.


1996 ◽  
Vol 15 (1) ◽  
pp. 114-115 ◽  
Author(s):  

Human Rights Watch is the largest U.S.-based independent human rights organization. It conducts regular, systematic investigations of human rights abuses in some seventy countries around the world. Human Rights Watch (HRW) includes five divisions, covering Africa, the Americas, Asia, the Middle East, and the signatories of the Helsinki accords, and has four thematic projects: the Arms Project, the Women's Rights Project, the Children's Rights Project, and the Free Expression Project. HRW maintains offices in New York, Washington, Los Angeles, London, Brussels, Moscow, Rio de Janeiro, Dushanbe, and Hong Kong. Human Rights Watch is a nongovernmental organization, supported by contributions from private individuals and foundations worldwide. It accepts no government funds.


2020 ◽  
Vol 2020 (136) ◽  
pp. 129-141
Author(s):  
Ximena Espeche

Abstract Operation Truth (Operación Verdad) was the Cuban Revolution’s first major intervention in the global mass media. In late January 1959, the revolutionary government invited journalists and politicians from around the world to witness the trials and executions of individuals accused of committing human rights abuses during the Fulgencio Batista dictatorship. This essay argues that Operation Truth prompted a battle of information waged to define the legitimacy of emotion and calculation as a way of supporting political action in Cuba. Operation Truth coverage judged the revolutionary leaders’ suitability as governing officials by characterizing them as bearers of a “true masculinity,” and positively or negatively judging their “Latin” identity.


2021 ◽  
pp. 1-5
Author(s):  
Johanna Bond

Intersectionality theory posits that aspects of identity, such as race and gender, are mutually constitutive and intersect to create unique experiences of discrimination and subordination. Perpetrators of sexual violence in armed conflict, for example, often target women on the basis of both gender and ethnicity. When human rights actors intervene on behalf of those harmed by sexual violence in armed conflict, they must understand the intersectional complexity of those violations. Global Intersectionality and Contemporary Human Rights examines the influence of intersectionality theory on human rights law in the modern era and its evolution as a theoretical framework in the United States and around the world. This volume draws on feminist theory, critical race theory, and human rights jurisprudence to argue that scholars and activists have underutilized intersectionality theory in the global discourse of human rights. This chapter introduces readers to the book’s argument that the United Nations and other human rights organizations must do more to actively embrace intersectionality as an analytical framework for the promotion of human rights around the world.


2007 ◽  
Vol 33 (1) ◽  
pp. 75-90 ◽  
Author(s):  
MIRANDA ALISON

This article examines wartime sexual violence, one of the most recurring wartime human rights abuses. It asserts that our theorisations need further development, particularly in regard to the way that masculinities and the intersections with constructions of ethnicity feature in wartime sexual violence. The article also argues that although women and girls are the predominant victims of sexual violence and men and boys the predominant agents, we must also be able to account for the presence of male victims and female agents. This, however, engenders a problem; much of the women’s human rights discourse and existing international mechanisms for addressing wartime sexual violence tend to reify the male-perpetrator/female-victim paradigm. This is a problem which feminist human rights theorists and activists need to address.


2021 ◽  
Vol 11 (3) ◽  
pp. 72-78
Author(s):  
Ziyad Abdulqadir

     In the necessities of friend-hood between peoples and nations, spreading a culture of peaceful and social coexistence, and moving away from all forms of violence, threats, and harassment of national, religious, and social minorities. The peoples of the world have successful experiences in enriching the concepts of coexistence and multiculturalism, as in a number of European and American countries. The culture and citizenship as a right for all Iraqis as an economic and productive resource for development, the spread culture of human rights and cultural diversity in one country are beneficial. Rather, it means openness to diverse cultures that enrich human characteristics, explode the energies of creativity and participation, economic development, in order to avoid the feeling of the power superiority of the great "nation" over small nations it needs to assimilate a culture of diversity, participation, and dialogue at the grassroots and middle-class levels, as to be associated with institutions, cultural and legal structures, constitutional legislation, and economic, social and educational reforms. To end up the authority of tyranny that dominates all components, and the various local groups in their customs, traditions, languages, and ways of expressing them, requires popular awareness and an intellectual renaissance so that contributes to the transition to a new stage.


2019 ◽  
Vol 3 (4) ◽  
pp. 57-74
Author(s):  
MARIA CECILIA ZSÖGÖN

This article focuses on the narratives and underlying ideologies that enable the persistence of girls’ sexual exploitation in the region of the Triple Border among Argentina, Brasil and Paraguay, where field work was conducted. We argue that the persistence of colonial practices has contributed to the reproduction of subalternity positions for girls and women – especially from impoverished sectors – enforced by the conservative and patriarchal discourse present in many countries of the region. This scenario enables the persistence and naturalization of certain practices that became “invisible” or even accepted and justified as being “cultural”. In this sense, we propose that human rights narrative, although being a Eurocentric construction, can comprise a platform for raising issues on gender inequality and all forms of violence and exploitation taking place in the peripheral regions of the world.


2021 ◽  
Vol 10 (1) ◽  
pp. 25
Author(s):  
Virginia Guarinos ◽  
Inmaculada Sánchez-Labella Martín

Commercial cinema in Spain, as in the rest of the world, has gone to great lengths to describe visually, without any intention of protest, each and every one of the forms of violence against women: physical, psychological, financial, social and, lastly, sexual. Beyond insinuating and intimidating compliments and gazes, sexual violence is something that is excepted in scripts, even in those of famous directors who create powerful female characters. The aim of this paper is to know how the Spanish directors, of both sexes, represent the topic of sexual violence, paying attention to the masculinity of the characters. To this end, a content analysis was performed on twelve films from a narrative perspective. In a second stage, employing methodological triangulation and a questionnaire as a quantitative tool, university students were asked about how they perceived the scenes of sexual violence in these films. The results show, on one side, that rape is the act of sexual violence more represented and, on the other hand, a lack of awareness about the treatment of rape in Spanish cinema, as well as its rejection by young audiences.


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