Human Rights Review

ISSN: 1524-8879

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  1.  2
    Union Rights and Inequalities.Stephen Bagwell, Skip Mark, Meridith LaVelle & Asia Parker - 2023 - Human Rights Review 24 (4):465-483.
    Competing arguments surrounding the relationships between inequalities and labor rights have persisted over time. This paper explores whether labor rights increase or decrease two types of wage inequalities: vertical inequality and horizontal inequality. Vertical inequalities reflect inequalities in wealth or income between individuals, while horizontal inequalities reflect inequalities between social, ethnic, economic, and political groups which are usually culturally defined or socially constructed. By broadening the scope beyond traditional indicators of inequality (i.e., vertical inequality) to include horizontal inequality, we test (...)
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  2.  6
    Human Rights Legal Education in Times of Transition: Perspectives and Practices of Law Instructors in Myanmar.Kristina Eberbach - 2023 - Human Rights Review 24 (4):485-509.
    This mixed-methods study examines the human rights and human rights education and training (HRET) perspectives and practices of law educators in Myanmar during the democratic transition that ended with the 2021 coup. “Contextual, Theoretical, and Methodological Framing” provides an overview of legal and human rights education in Myanmar, discusses the potential of human rights education in law schools during democratic transitions, addresses why educators’ human rights and human rights education perspectives and practices are important to examine, and presents the research (...)
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  3.  3
    An Anthropological Investigation of Assam—the Human Trafficking Hub of India?Bristy Kalita & Ramesh Sahani - 2023 - Human Rights Review 24 (4):545-566.
    Human trafficking is a grave concern that we often choose to overlook. In India, this problem has escalated in recent years, with Assam being labelled the trafficking hub of the country in 2015. Despite a brief dip, the situation in the state has not improved significantly, and the statistics are a testimony to the failure of the government's initiatives. Human trafficking is not just about abduction or false promises; it reflects poverty, inadequate border security, unemployment, and underdevelopment, factors that make (...)
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  4.  8
    The Evolution of Child Marriage as a Human Rights Concern.Alissa Koski, Sajneet Mangat & David Wright - 2023 - Human Rights Review 24 (4):585-604.
    The elimination of child marriage is a goal that ranks high on the agendas of civil society organizations, national governments, and multilateral institutions. To date, however, there has been very little scholarship on the historical debates over the definition of child marriage. This article examines the history of age-restricted marriage as it was debated during the development of human rights instruments in the post-World War II era. Using archives of the United Nations and affiliated organizations, we detail how and why (...)
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  5.  3
    What’s Fairness Got to Do with it? Fair Opportunity, Practice Dependence, and the Right to Freedom of Religion.Sune Lægaard - 2023 - Human Rights Review 24 (4):567-583.
    The right to religious liberty as for instance set out in the European Convention of Human Rights protects acts of religious observance. Such protection can clash with other considerations, including laws aimed at protecting other state interests. Religious freedom therefore requires an account of when the right should lead to exemptions from other laws and when the right can legitimately be limited. Alan Patten has proposed a Fair Opportunity view of the normative logic of religious liberty. But Patten’s view faces (...)
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  6.  3
    Maria Ressa and the Fight for Facts: a Book Review of How To Stand Up Against A Dictator: The Fight for Our Future. [REVIEW]Nerve V. Macaspac - 2023 - Human Rights Review 24 (4):611-613.
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  7.  8
    The Right to Food: The Global Campaign to End Hunger by Francis Adams. Cham: Palgrave Macmillan, 2020.Katie Morris - 2023 - Human Rights Review 24 (4):605-610.
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  8.  9
    Rebel Groups’ Adoption of Human Rights and International Humanitarian Law Norms: An Analysis of Discourse and Behavior in Kosovo.Jennifer A. Mueller - 2023 - Human Rights Review 24 (4):511-544.
    International human rights law and international humanitarian law (IHL) contain few obligations for rebel groups, yet those groups are nonetheless under pressure to comply with their foundational international norms. This case study of the Kosovo Liberation Army (KLA) analyzes the evolution of its discourse and behavior related to human rights and IHL. It then compares changes in the group’s discourse to evidence of changes in behavior. The study finds that the KLA does significantly change its language, gradually incorporating such language (...)
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  9.  7
    Identifying a Human Rights Approach to Roma Health Vulnerabilities and Inequalities in Europe: From Concept to Action.Elisavet Athanasia Alexiadou - 2023 - Human Rights Review 24 (3):413-431.
    Roma communities across Europe still remain a neglected population group by way of the social and economic disadvantage that largely characterizes their lives. Roma communities continue to experience structural socioeconomic health inequalities on the grounds of their ethnic origin, alarmingly unveiling a pattern of systematic discrimination and ethnic marginalization. Without any doubt, such a highly worrying situation calls for States to incorporate Roma health rights within their law and policy agendas in a manner consistent with right to health requirements. Against (...)
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  10.  6
    Prosecuting Environmental Harm before the International Criminal Court by Matthew Gillett.Roger S. Clark - 2023 - Human Rights Review 24 (3):461-463.
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  11.  9
    Liars, Skeptics, Cheerleaders: Human Rights Implications of Post-Truth Disinformation from State Officials and Politicians.Nicky Deluggi & Cameran Ashraf - 2023 - Human Rights Review 24 (3):365-387.
    The purpose of this paper is to philosophically examine how disinformation from state officials and politicians affects the right to access to information and political participation. Next to the more straightforward implications for political self-determination, the paper examines how active dissemination of lies by figures of epistemic authority can be framed as a human rights issue and affects trust patterns between citizens, increases polarization, impedes dialogue, and obstructs access to politically relevant information by gatekeeping knowledge. Analyzing European Convention on Human (...)
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  12.  5
    Correction to: Understanding and Preventing Torture: a Review of the Literature. [REVIEW]Christopher J. Einolf - 2023 - Human Rights Review 24 (3):339-339.
  13.  15
    Understanding and Preventing Torture: a Review of the Literature. [REVIEW]Christopher J. Einolf - 2023 - Human Rights Review 24 (3):319-338.
    This article reviews the social scientific literature on the causes of and prevention of torture, analyzes its successes and failures, and proposes a way forward. Many researchers have adopted a rational-actor, principal-agent framework, which fails to fully account for the multiple and often irrational motives of actors who work within complex bureaucracies. Researchers have also tended to follow the lead of practitioners, critiquing their approaches at prevention but not providing their own evidence-based recommendations. Future research should examine the role of (...)
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  14.  6
    The Role of Affective Empathy in Eliminating Discrimination Against Women: a Conceptual Proposition.Michaela Guthridge, Tania Penovic, Maggie Kirkman & Melita J. Giummarra - 2023 - Human Rights Review 24 (3):433-456.
    Due to its wide-ranging reservations and lack of effective enforcement mechanisms the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has failed to dismantle widespread and systemic discrimination. The present paper proposes a broad, theoretical, preventive and relational approach to creating and enhancing the effectiveness of novel interventions to accelerate gender equality. We describe the main elements of affective empathy (i.e. intersubjectivity, multisensory engagement and empathic embodiment) and identify potential interventions that build on those elements to (...)
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  15.  4
    The Construction of Fatherhood: The Jurisprudence of the European Court of Human Rights by Alice Margaria, 1st ed.Tapio Koivula - 2023 - Human Rights Review 24 (3):457-459.
  16.  5
    Exacerbating Pre-Existing Vulnerabilities: an Analysis of the Effects of the COVID-19 Pandemic on Human Trafficking in Sudan.Audrey Lumley-Sapanski, Katarina Schwarz, Ana Valverde Cano, Mohammed Abdelsalam Babiker, Maddy Crowther, Emily Death, Keith Ditcham, Abdal Rahman Eltayeb, Michael Emile Knyaston Jones, Sonja Miley & Maria Peiro Mir - 2023 - Human Rights Review 24 (3):341-361.
    COVID-19 has caused far-reaching humanitarian challenges. Amongst the emerging impacts of the pandemic is on the dynamics of human trafficking. This paper presents findings from a multi-methods study interrogating the impacts of COVID-19 on human trafficking in Sudan—a critical source, destination, and transit country. The analysis combines a systematic evidence review, semi-structured interviews, and a focus group with survivors, conducted between January and May of 2021. We find key risks have been exacerbated, and simultaneously, critical infrastructure for identifying victims, providing (...)
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  17.  4
    Correction to: Exacerbating Pre‑Existing Vulnerabilities: an Analysis of the Effects of the COVID‑19 Pandemic on Human Trafficking in Sudan.Audrey Lumley‑Sapanski, Katarina Schwarz, Ana Valverde Cano, Mohammed Abdelsalam Babiker, Maddy Crowther, Emily Death, Keith Ditcham, Abdal Rahman Eltayeb, Michael Emile Knyaston Jones, Sonja Miley & Maria Peiro Mir - 2023 - Human Rights Review 24 (3):363-363.
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  18.  8
    Local Agents of International Justice? On the Role of Subnational Units in Refugee Protection.Ana Tanasoca - 2023 - Human Rights Review 24 (3):389-411.
    Refugee protection depends, minimally, on the identification of agents capable of discharging international obligations in this area of international law. Commonly discussed “agents of justice” include states, IOs, and NGOs. This article focuses on a different set of actors: subnational units (cities, states, and provinces in federal States) and the legal mechanisms they may use to discharge international obligations in the area of refugee protection. I advance three distinct theoretical models for understanding subnational units’ responsibilities vis-à-vis international law: (1) derived (...)
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  19.  5
    Quest for Gender Justice.Cher Weixia Chen - 2023 - Human Rights Review 24 (2):309-311.
  20.  13
    Rethinking Vulnerability as a Radically Ethical Device: Ethical Vulnerability Analysis and the EU’s “Migration Crisis”.Sylvie Da Lomba & Saskia Vermeylen - 2023 - Human Rights Review 24 (2):263-288.
    We reinvigorate vulnerability theory as a radically ethical device — ethical vulnerability analysis. We bring together fuller vulnerability analysis as theorized by Fineman and Grear in conversation with Levinas and Derrida’s radical vulnerability and the ethics of hospitality to construct a theoretical framework that is firmly anchored in the realities of the everyday that are vulnerability and migration. This novel framework offers a thinking space to subvert approaches to migrants and migration as it compels us to come face-to face with (...)
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  21.  3
    Correction to: Subjects of Intergenerational Justice: Indigenous Philosophy, the Environment and Relationships by Christine J. Winter. Abingdon: Routledge, 2022.Jessika Eichler - 2023 - Human Rights Review 24 (2):317-317.
  22.  5
    Subjects of Intergenerational Justice: Indigenous Philosophy, the Environment and Relationships by Christine J. Winter. Abingdon: Routledge, 2022.Jessika Eichler - 2023 - Human Rights Review 24 (2):313-315.
  23.  5
    Twenty-First-Century Crises and the Social Turn of International Financial Institutions.Viljam Engström - 2023 - Human Rights Review 24 (2):289-306.
    The early twenty-first century will be remembered as a time of constant crisis. These crises have created repeated global states of emergency, revealing gaps, and inadequacies in social protection systems worldwide. Alongside these crises, and as a response to them, social protection has grown into a paradigm of global governance. This development is also noticeable in the practices of the World Bank and the International Monetary Fund. At the heart of all social protection policies is the protection of vulnerable groups. (...)
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  24.  7
    Introduction: Approaches to Vulnerability in Times of Crisis.Mikaela Heikkilä & Maija Mustaniemi-Laakso - 2023 - Human Rights Review 24 (2):151-170.
    With a view to contributing to a more nuanced view on the use of the vulnerability rhetoric in times of crisis, the article addresses the relationship between the “crisification” and “vulnerabilization” of human rights protection. In so doing, it discusses the concepts of crisis and vulnerability, as well as the related human rights obligations incumbent on states. By contemplating upon some of the processes through which the rhetoric of vulnerability both opens doors to protection and closes them, the article deconstructs (...)
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  25.  10
    Protecting Whom, Why, and from What? The Dutch Government’s Politics of Abjection of Sex Workers in Times of the COVID-19 Pandemic.Brenda Oude Breuil - 2023 - Human Rights Review 24 (2):217-239.
    Sex workers in the Netherlands experienced severe financial and social distress during the COVID-19 health crisis. Notwithstanding them paying taxes over the earnings, they were excluded from government financial support, faced discriminatory treatment concerning safe reopening, and experienced increased repression and stigmatization. In this contribution, I explore whether the concept of “vulnerability” contributes to understanding (and addressing) that situation. Data acquired through participatory action research, partly taking place online during lock-down measures, and literature and content analysis show that labeling sex (...)
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  26.  6
    Enhanced Vulnerability of Asylum Seekers in Times of Crisis.Stephen Phillips - 2023 - Human Rights Review 24 (2):241-261.
    This article examines the impact of law and policy changes enacted in times of crisis on asylum seekers, and considers the extent to which considerations of vulnerability have played a part in the various approaches of governments. What emerges is a shift towards further exclusion, and a widening divide between how states approach citizens versus others. The result is enhanced vulnerability, and an environment in which the utility of the vulnerability concept to provide the necessary levels of support and protection (...)
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  27.  5
    The Force of Witness: contra feminicide by Rosa-Linda Fregoso.Jelena Pia-Comella - 2023 - Human Rights Review 24 (2):307-308.
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  28.  11
    Rethinking Effective Remedies to the Climate Crisis: a Vulnerability Theory Approach.Milka Sormunen - 2023 - Human Rights Review 24 (2):171-192.
    Although the harmful effects of climate change on human rights are well-recognized, the legal response to the climate crisis has been inadequate. This is particularly problematic as the crisis disproportionately affects vulnerable groups, which is exacerbated by a lack of effective remedies in contesting the adverse effects of climate change. The article argues that vulnerability theory offers a persuasive framing for rethinking what kind of remedies can be considered effective in the context of the climate crisis. A vulnerability theory approach (...)
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  29.  2
    Beyond Crisis: Understandings of Vulnerability and Its Consequences in Relation to Intimate Partner Violence.Nesa Zimmermann - 2023 - Human Rights Review 24 (2):193-216.
    This article takes a closer look at intimate partner violence (IPV) and its semantical, political, and legal interactions with crisis and crisis discourse. Starting from the fact that IPV has been called a “shadow pandemic” and a “hidden crisis”, the article conceptualizes two parallel phenomena: how the COVID-19 pandemic — and crises in general — impact on IPV by exacerbating vulnerabilities and how crisis discourse has been mobilized to argue for a responsive state and strong positive obligations to combat and (...)
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  30.  12
    Fifty Years of Human Rights Enforcement in Legal and Political Systems in Bangladesh: Past Controversies and Future Challenges.Jobair Alam & Ali Mashraf - 2023 - Human Rights Review 24 (1):121-142.
    This paper provides a synopsis of the human rights enforcement in Bangladesh, which marks its 50 years in 2021 since its independence. After a theoretical background on how human rights are perceived as legal and political instruments, it critically discusses human rights provisions and explores the legal and institutional frameworks on human rights enforcement in Bangladesh—(re)construed in 50 years (1971–2021). Finally, it divulges the controversies in human rights enforcement and a roadmap to address them by making some suggestions: multiple legislative, (...)
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  31.  5
    Business Strategy as Human Rights Risk: the Case of Private Equity.David Birchall & Nadia Bernaz - 2023 - Human Rights Review 24 (1):1-23.
    In this article, we apply the UN Guiding Principles on Business and Human Rights to the private equity (PE) business model. PE firms often adopt a controversial, ‘value extractive’, business model based on high debt and extreme cost-cutting to generate investor returns. PE firms own large numbers of companies, including in many rights-related sectors. The model is linked to increased human rights risks to workers, housing tenants, and in privatized health and social care. We map these risks and analyse the (...)
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  32.  55
    “You Can Kill Us with Dialogue:” Critical Perspectives on Wind Energy Development in a Nordic-Saami Green Colonial Context.Eva Maria Fjellheim - 2023 - Human Rights Review 24 (1):25-51.
    This article explores Southern Saami reindeer herders’ experiences and contestations over state consultation and corporate dialogue during a conflict over the Øyfjellet wind energy project in Norway. Informed by a committed research approach and juxtaposition with findings from Indigenous peoples' territorial struggles in Latin-America, the article provides critical perspectives on governance practices in a Nordic-Saami green colonial context. The research draws on ethnography from a consultation meeting between Jillen Njaarke, the impacted reindeer herding community, and state authorities, as well as (...)
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  33. Death Penalty Abolition, the Right to Life, and Necessity.Ben Jones - 2023 - Human Rights Review 24 (1):77-95.
    One prominent argument in international law and religious thought for abolishing capital punishment is that it violates individuals’ right to life. Notably, this _right-to-life argument_ emerged from normative and legal frameworks that recognize deadly force against aggressors as justified when necessary to stop their unjust threat of grave harm. Can capital punishment be necessary in this sense—and thus justified defensive killing? If so, the right-to-life argument would have to admit certain exceptions where executions are justified. Drawing on work by Hugo (...)
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  34.  6
    More Murder in the Middle: How Local Trust Conditions Repression Towards INGOs.Shanshan Lian - 2023 - Human Rights Review 24 (1):97-120.
    Although violence has always been in governments’ toolkit against civil society organizations (CSOs), there has been a global trend where governments set legal and logistical barriers to non-violently repress CSOs, especially INGOs (International Non-Governmental Organizations) since the mid-2000s. During this period, states present variations in CSO repression, ranging from moderate regulation to violent expulsion. Why do countries vary the repression? I argue that different levels of repression are based on governments’ perceived repression effectiveness in reducing INGOs’ threats. For better illustration, (...)
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  35.  10
    Correction to: The Right to be Forgotten: an Islamic Perspective.Amr Osman - 2023 - Human Rights Review 24 (1):75-75.
  36.  14
    The Right to be Forgotten: an Islamic Perspective.Amr Osman - 2023 - Human Rights Review 24 (1):53-73.
    In a landmark 1994 case, the Court of Justice of the European Union ruled that individuals had the right to ask for Internet links that contained certain information about them to be delisted by search engines. This came to be known as the “right to be forgotten.” This paper discusses the extent to which this right is consistent with the Islamic tradition. Following an overview of some aspects of the right to be forgotten and why it is endorsed in the (...)
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  37.  23
    Why People Do Violence?Darius Rejali - 2023 - Human Rights Review 24 (1):143-149.
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