scholarly journals Marginalizing the Matriarchal, Minority Subject: A Critical Analysis of Human Rights and Women’s Reform Projects in Colonial and Postcolonial India through the Case-Study of the ‘Mahari-Devadasi’

2021 ◽  
Vol 02 (01) ◽  
pp. 59-88
Author(s):  
Shriya Patnaik
2016 ◽  
Vol 104 ◽  
pp. 27-37 ◽  
Author(s):  
Alexandra Schultheis Moore

This essay provides a case study of Slahi's Guantanamo Diary in order to demonstrate how a literary approach to contribute to the study of human rights by both demonstrating the necessity of human rights discourses and the ways in which they must be reconsidered in the current geopolitical moment. More specifically, I argue that reading the book in its larger legal and political context unveils the ideologies that promote torture in the name of state security. And, it offers a rebuttal to those ideologies through a critical analysis of the distribution of legal personhood and literary subjectivity in the context of Guantánamo.


Moreana ◽  
2009 ◽  
Vol 46 (Number 176) (1) ◽  
pp. 175-190
Author(s):  
Bernard Bourdin

The legacy from Christianity unquestionably lies at the root of Europe, even if not exclusively. It has taken many aspects from the Middle Ages to modern times. If the Christian heritage is diversely understood and accepted within the European Union, the reason is essentially due to its political and religious significance. However, its impact in politics and religion has often been far from negative, if we will consider what secular societies have derived from Christianity: human rights, for example, and a religious affiliation which has been part and parcel of national identity. The Christian legacy has to be acknowledged through a critical analysis which does not deny the truth of the past but should support a European project built around common values.


2021 ◽  
pp. 092405192110169
Author(s):  
Matthieu Niederhauser

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.


2020 ◽  
pp. 016059762093289
Author(s):  
Daniel Patten

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.


2014 ◽  
Vol 2 (2) ◽  
pp. 21
Author(s):  
Modeni M. Sibanda

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.


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