Human Rights Review

ISSN: 1524-8879

28 found

View year:

  1.  4
    The EU’s Hospitality and Welcome Culture: Conceiving the “No Human Being Is Illegal” Principle in the EU Fundamental Freedoms and Migration Governance.Armando Aliu & Dorian Aliu - 2022 - Human Rights Review 23 (3):413-435.
    This article aims to highlight the theoretical and philosophical debate on hospitality underlining the normative elements of framing migrants and refugees as individual agents in the light of hospitality theory and migration governance. It argued the critiques of the neo-Kantian hospitality approach and the EU welcome culture with regard to refugees in the EU from a philosophical perspective. The “No human being is illegal” motto is proposed to be conceived as a principle of the EU Charter of Fundamental Rights. The (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  2.  4
    Beyond Consensus: Contesting the Human Rights to Water and Sanitation at the United Nations.Madeline Baer - 2022 - Human Rights Review 23 (3):361-383.
    Resolutions in the United Nations Human Rights Council and General Assembly provide clarification of economic, social, and cultural (ESC) rights, and most of these resolutions pass by consensus. Yet these resolutions are more contentious than they appear. This article analyzes a case study of contestation over resolutions on two ESC rights: water and sanitation. Drawing from theories of norms contestation, this article analyzes how the USA, UK, and Canada challenged the creation of the rights to water and sanitation as rights (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  3.  2
    Article by Article: The Universal Declaration of Human Rights for a New Generation by Johannes Morsink: Philadelphia: University of Pennsylvania Press, 2021.Rhoda E. Howard-Hassmann - 2022 - Human Rights Review 23 (3):443-445.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  4.  3
    Correction To: Taiwan’s Road to an Asylum Law: Who, When, How, and Why Not Yet?Kristina Kironska - 2022 - Human Rights Review 23 (3):437-438.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  5.  4
    Principles in Power: Latin America and the Politics of U.S. Human Rights Diplomacy by Vanessa Walker: Ithaca and London: Cornell University Press, 2020.James M. McCormick - 2022 - Human Rights Review 23 (3):439-441.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  6.  3
    Demands of Justice: The Creation of a Global Human Rights Practice by Ann Marie Clark.Steven D. Roper - 2022 - Human Rights Review 23 (3):447-449.
  7.  3
    The Trump Administration Versus Human Rights: Executive Agency or Policy Inertia?Evan W. Sandlin - 2022 - Human Rights Review 23 (3):333-359.
    President Trump verbally attacked human rights in his campaign rhetoric in 2016, leading many to believe that he would undermine the role of human rights in US foreign policy as President. I examine whether or not President Trump’s anti-human rights rhetoric manifested in US foreign policy by analyzing potential changes in how human rights were considered in foreign aid allocations under the Trump Administration. While President Trump had a number of executive tools at his disposal to exert control over foreign (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  8.  6
    UNsupported: The Needs and Rights of Children Fathered by UN Peacekeepers in the Democratic Republic of Congo.Kirstin Wagner, Susan A. Bartels, Sanne Weber & Sabine Lee - 2022 - Human Rights Review 23 (3):305-332.
    Sexual exploitation and abuse (SEA) by United Nations (UN) peacekeepers causes severe physical and psychological consequences. Where SEA leads to pregnancy and childbirth, peacekeepers typically absolve themselves of their paternal responsibilities and paternity suits are largely unsuccessful. The lack of support for peacekeeper-fathered children (PKFC) tarnishes the image of the UN who fails to implement a victim-centred approach to SEA. Analysing shortcomings in the provision of support, this article presents an evaluation of the UN’s accountability system from the perspective of (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  9.  7
    Human Rights Law and the Obligation to Reduce Greenhouse Gas Emissions.Alexander Zahar - 2022 - Human Rights Review 23 (3):385-411.
    Human rights law has been called upon to help with the problem of persistently high greenhouse gas emissions. An obligation on states and other legal entities to lower their emissions (mitigation) is said to be deducible from that body of law. I refute this thesis. First, I consider two practical difficulties—causality and non-triviality—that face a plaintiff who, with emission mitigation as the objective, attempts to prove a human rights violation using the regular pattern of proof for a violation. Proponents of (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  10.  4
    ‘It’s Not About the Money—Stop the Trauma’: Victims’ Responses to Reparations in Argentina and Australia.Keziah Colsell & Olivera Simić - 2022 - Human Rights Review 23 (2):163-181.
    In this paper, we compare reparation policies in Australia and Argentina. We analyse the difference between the reparations given by their respective governments to the Argentinian victims of the ‘Dirty War’ and to the ‘Stolen Generations’ in Australia. The aim of this paper is to compare the experience of victims in Argentina and Australia in relation to reparations to demonstrate that using only one type of reparations, either material or symbolic, is unsatisfactory for victims and does not repair the harm (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  11.  3
    Should Autists Have Cultural Rights?Bouke de Vries - 2022 - Human Rights Review 23 (2):205-219.
    While several scholars have argued that the rise of the internet has allowed an autistic culture to emerge over the past two decades, the question of whether people with autism or, as some members of this group refer to themselves, ‘autists’, are legally entitled to their own cultural rights has not been investigated. This article fills part of this lacuna by considering whether such entitlements exist from the perspective of human rights law. I start by showing that, insofar as autists (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  12.  9
    Non-Muslims in the Qanun Jinayat and the Choice of Law in Sharia Courts in Aceh.Abdul Halim - 2022 - Human Rights Review 23 (2):265-288.
    The Aceh Jinayat Qanun, which is often considered violating Human Rights, has become the choice of the non-Muslim minorities as their rational choice. This study aims to analyze non-Muslims’ choice of The Aceh Jinayat Qanun implemented by the Sharia Court in Aceh and its underlying motives. This study relies on field research involving observations, in-depth interviews with Sharia Court judges, Head of the Islamic Sharia Service, Acehnese clerical figures, and Non-Muslims involved in criminal cases handled by the Sharia Courts. This (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  13.  5
    Differences in African Indigenous Rights Messaging in International Advocacy Coalitions.Maia Hallward & Jonathan Taylor Downs - 2022 - Human Rights Review 23 (2):183-204.
    International Indigenous rights coalitions increasingly involve Indigenous and non-Indigenous civil society organizations with diverse backgrounds and interests. As these organizations more frequently interact and partner with one another, what issues are being emphasized in their advocacy efforts? This study utilizes content analysis of 60 Indigenous rights organizations’ websites, as well as interviews of several leaders and staff, to explore whether African Indigenous organizations emphasize different aspects of Indigenous rights in their messaging and advocacy than their other Indigenous and non-Indigenous coalition (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  14.  6
    Man to Man, Gal to Gal…Dat Wrong: An Analysis of How Sexual Prejudice Is Reflected in Jamaican Popular Music.Mahalia Jackman - 2022 - Human Rights Review 23 (2):221-239.
    This research analyses sexual prejudice in sixteen dancehall and reggae songs—two musical genres indigenous to Jamaica. The analysis provides us with insights on the lenses through which some Jamaicans view same-sex relationships and how sexual prejudice is normalised and justified. In this sample of songs, homosexuality is presented as (1) a violation of gendered norms, (2) sinful, (3) unnatural, (4) a threat to society and (5) a foreign lifestyle. The presentation of homosexuality as a foreign lifestyle suggests that antigay prejudice (...)
    Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  15.  8
    Marginalized and Misunderstood: How Anti-Rohingya Language Policies Fuel Genocide.Lindsey N. Kingston & Aroline E. Seibert Hanson - 2022 - Human Rights Review 23 (2):289-303.
    Language plays a role in the genocide of the Rohingya people in Myanmar and continues to shape their experiences in displacement, yet their linguistic rights are rarely discussed in relation to their human rights and humanitarian concerns. International human rights standards offer important foundations for conceptualizing the “right to language” and identifying how linguistic rights can be violated both in situ and in displacement. The Rohingya case highlights how language policies are weaponized to oppress unwanted minorities; their outsider status is (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  16.  4
    Taiwan’s Road to an Asylum Law: Who, When, How, and Why Not Yet?Kristina Kironska - 2022 - Human Rights Review 23 (2):241-264.
    Taiwan is considered to be one of the most progressive countries in Asia but has no asylum law. Does it need one? Many in Taiwan, including officials and politicians, claim that the regulations that are currently in place are sufficient. There are, however, some people in Taiwan who require protection, and the government is not able to respond effectively in the absence of an asylum law. The author has identified several different groups in Taiwan that would benefit from an asylum (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  17.  6
    The Will and the Way: How State Capacity and Willingness Jointly Affect Human Rights Improvement.Alejandro Anaya-Muñoz & Amanda Murdie - 2022 - Human Rights Review 23 (1):127-154.
    When should we expect compliance with international human rights norms? Previous literature on the causal mechanisms underlying compliance have focused independently on the roles of state willingness, thought of as the preferences of the regime leadership, and on state capacity, in improving human rights practices within a state. We build an argument that neither of these factors are sufficient on their own to improve compliance with human rights norms. Instead, improved human rights practices require both “the will and the way.” (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  18.  5
    Correction to: Conceptualizing Corporate Accountability in International Law: Models for a Business and Human Rights Treaty.Nadia Bernaz - 2022 - Human Rights Review 23 (1):101-101.
  19.  6
    Doing Justice to History Confronting the Past in International Criminal Courts by Barrie Sander: Oxford: Oxford University Press.Roger S. Clark - 2022 - Human Rights Review 23 (1):155-157.
  20.  2
    Romani Communities and Transformative Change; A New Social Europe.Cristina-Ioana Dragomir, Andrew Ryder, Marius Taba & Nidhi Trehan - 2022 - Human Rights Review 23 (1):159-161.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  21.  7
    When Rights Enter the CSR Field: British Firms’ Engagement with Human Rights and the UN Guiding Principles.Alvise Favotto & Kelly Kollman - 2022 - Human Rights Review 23 (1):21-40.
    The adoption of the Guiding Principles for Business and Human Rights by the United Nations in 2011 created a new governance instrument aimed at improving the promotion of human rights by business enterprises. While reaffirming states duties to uphold human rights in law, the UNGPs called on firms to promote the realization of human rights within global markets. The UNGPs thus have sought to embed human rights more firmly within the field of corporate social responsibility and to use CSR practices (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  22.  3
    Correction to: Beyond Due Diligence: the Human Rights Corporation.Benjamin Gregg - 2022 - Human Rights Review 23 (1):19-19.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  23.  7
    The Struggle for Legitimacy in Business and Human Rights Regulation—a Consideration of the Processes Leading to the UN Guiding Principles and an International Treaty.Brigitte Hamm - 2022 - Human Rights Review 23 (1):103-125.
    After the UN Guiding Principles on Business and Human Rights were adopted in 2011, an international treaty has been being negotiated since 2014. The two instruments reveal similarities and also conflicts regarding the adequate organization of the global economy based on human rights. The focus in this article will be on the processes leading to these instruments, because they themselves mirror different understandings of governance in the field of business and human rights as well as the struggle over the power (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  24.  6
    National Action Plans on Business and Human Rights: an Experimentalist Governance Analysis.Claire Methven O’Brien, John Ferguson & Marisa McVey - 2022 - Human Rights Review 23 (1):71-99.
    National Action Plans on business and human rights are a growing phenomenon. Since 2011, 42 such plans have been adopted or are in-development worldwide. By comparison, only 39 general human rights action plans were published between 1993 and 2021. In parallel, NAPs have attracted growing scholarly interest. While some studies highlight their potential to advance national compliance with international norms, others criticise NAPs as cosmetic devices that states use to deflect attention from persisting abuses and needed regulation. In response to (...)
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  25.  3
    Correction to: Putting the French Duty of Vigilance Law in Context: Towards Corporate Accountability for Human Rights Violations in the Global South?Almut Schilling-Vacaflor - 2022 - Human Rights Review 23 (1):41-41.
    Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  26.  5
    Correction to: The Unrealized Potential of National Human Rights Institutions in Business and Human Rights Regulation: Conditions for Effective Engagement and Proposal for Reform.René Wolfsteller - 2022 - Human Rights Review 23 (1):69-69.
    Since the UN Guiding Principles on Business and Human Rights were adopted by the UN Human Rights Council in 2011, they have diffused into policy frameworks, laws, and regulations across the globe. This special issue seeks to advance the interdisciplinary field of human rights research by examining key elements of the emerging transnational regime for the regulation of business and human rights. In seven original contributions, scholars from political science, law, accounting, and philosophy critically reflect on the theoretical foundations of (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark  
  27.  8
    The Unrealized Potential of National Human Rights Institutions in Business and Human Rights Regulation: Conditions for Effective Engagement and Proposal for Reform.René Wolfsteller - 2022 - Human Rights Review 23 (1):43-68.
    While National Human Rights Institutions are widely regarded as particularly promising tools in the emerging transnational regime for the regulation of business and human rights, we still know little about their potential and actual contribution to this field. This article bridges the gap between business and human rights research and NHRI scholarship, proceeding in three steps: Firstly, I analyze the structural conditions for NHRIs to tackle business-related human rights abuses effectively, focusing on the key conditions of legitimacy and competences. Secondly, (...)
    Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  28.  9
    Business and Human Rights Regulation After the UN Guiding Principles: Accountability, Governance, Effectiveness.René Wolfsteller & Yingru Li - 2022 - Human Rights Review 23 (1):1-17.
    Since the UN Guiding Principles on Business and Human Rights were adopted by the UN Human Rights Council in 2011, they have diffused into policy frameworks, laws, and regulations across the globe. This special issue seeks to advance the interdisciplinary field of human rights research by examining key elements of the emerging transnational regime for the regulation of business and human rights. In seven original contributions, scholars from political science, law, accounting, and philosophy critically reflect on the theoretical foundations of (...)
    Direct download (6 more)  
     
    Export citation  
     
    Bookmark  
 Previous issues
  
Next issues